This is the second part of our treatise on the rule of law that started last week. The rule of law is about the creation of laws, their enforcement so that no one – including the most highly placed citizen – is above the law.
When one looks at how organised countries have control over their affairs, one sees how the weakest as well as the strongest face the same law and get the same justice when they get caught with a misdemeanour.
In an ideal country, those who are at the helm of affairs are ever mindful of doing the right thing. But our country used to be like that. What went wrong that along the way things so deteriorated that state actors assume superiority over the state itself? Civil servants and even political appointees no longer remind, guide, or nudge their bosses to uphold the best standards.
For instance, a source said he watched an NTA Kaduna interview session with the late General Hassan Usman Katsina in July 1987. General Katsina was the governor of Northern Nigeria before General Yakubu Gowon created 12 states. The interviewer asked General Hassan how he compares the governors of nowadays and his time (1966). This was his reply…
“I am going to give you an example and you can figure out the answer yourself. When I was the Governor of Northern Nigeria, Dr Abubakar Imam was the General Manager of Kaduna Capital Territory. In that year, we decided to allocate plots for the present GRA in Kaduna. I applied. KAT conducted the exercise. All the plots were allocated, but I was not given. I did not care to find out why. After the exercise, Dr Abubakar Imam came to my office, and he came with my application. He told me they had finished the exercise. He also said that he saw my application. However, he said they did not consider me qualified because I am the governor. He said as the leader, I should be more interested in my subjects’ interests than mine. How sure was I that all citizens who wanted the plots got allocated before I applied? He said he came with my application to tear it before me so that it will not come to me as rumour and he tore the piece of paper.”
There is also the story written by a retired 75-year-old former Confidential Secretary to Audi Howeidy, the Secretary to the Government when the late Police Commissioner, Audu Bako, was the governor of Kano State in which a Permanent Secretary queried the governor.
Alhaji Sani Danbatta was the permanent secretary of the Ministry of Finance and he queried Audu Bako for receiving 25 pounds monthly as an allowance and 125 pounds entertainment allowance. His imprest then was 10,000 pounds monthly. The perm sec queried why he allocated to himself allowances that were not provided in the General Order (public service rules). Danbatta further asked the governor to refund the illegal allowances he collected in the past eight months to the treasury or be surcharged by deducting from the source.
Audu Bako summoned all the Permanent Secretaries and demanded an explanation from Danbatta, saying he did not understand the content of the query. The perm sec said, “I have no explanation to give you, I passed the query through Alhaji Audi Howeidy, the Secretary to the Government, let Howeidy as an administrator say he did not understand the content, then I will explain.”
The Secretary to the Government thereafter presented a memo to the state executive council seeking its approval for the two allowances to be regularised to the governor and approval was accordingly granted.
Yet again the perm sec wrote a memo to Howeidy informing him that the new allowances to the governor should be taxed. The SSG referred the matter for advice to the Kano state commissioner for Revenue, Mr OB Wise (a Briton), who said that there is no tax for allowances in our existing laws.
In those days, civil servants could confront political leaders without fear or favour to correct them whenever they violated the laid down procedures, rules and regulations; unlike what is obtainable nowadays.
Before General Katsina and Compol Bako’s example was that of Sir Ahmadu Bello, the Sardauna of Sokoto and Premier of the Northern Region. The regional government had constructed air-strips for use of the Premier in most of the provinces. They were in Mubi, Jalingo, Wukari, Sokoto, Gusau, Minna, Azare, Gombe, Bauchi, Idah, and some other places.
The premier had three small Cessna aircraft in his fleet under the supervision of an Assistant District Officer (ADO) in his office, Alhaji Suleiman Gurin, a former teacher from Adamawa Province.
In time, Sir Ahmadu Bello flew one of the aircraft to Sokoto on a private visit. When he returned to Kaduna, the administrative headquarters of the region, Alhaji Suleiman Gurin sent him a bill for his flight to Sokoto!
To him, since it was a private visit, and therefore, the premier should make the refund to the government’s treasury. However, Sir Ahmadu Bello, though amused at the request, made the payment. And he was so proud of his ADO for reminding him that everyone who served was subject to the state, and to the laws that have been made to govern that state.
But if these scenarios were about official responsibilities, they were prim and proper in the way they conduct their social responsibilities as well.
There is a story narrated by the late Alhaji Alin Kotoko (I think), a Maiduguri-based contractor who was a beneficiary of the late Sardauna’s policy of North First (empowering the region’s local business people). The narrator said the regional Ministry of Education gave a contract to them and they made a decent profit out of it.
He and a colleague put a certain percentage of their profit in a paper envelope and went to the house of the ministry’s minister, Alhaji Isa Kaita, Wazirin Katsina. They were ushered into his sitting room where they met him sitting. They thanked him and had some brief discussions, but none of them could present the envelope to him. So, they got up to go but left the envelope there (a diplomatic way of presenting gifts to big men) by his side.
According to the narration, they were about to enter their car and drive off when he came out hurriedly and told them they had forgotten their envelope. It was then that one of them gathered enough courage and told him, “Sir, we made a good profit and we brought you this token as appreciation”.
He told them what they would never forget. Calmly, he told them, “No, the premier intended to empower you people. I am his representative. If I want money, then I have to resign and start a business… it is your money; take it.”
With such exemplary behaviour and attitude, leaders then were role models positively. By subjecting themselves to the rule of law and accepting to be guided by those who know, they made the system work. Because they did not abuse the system because of their powers, their children too were not unduly favoured.
No parent then would harass a teacher because he had punished his ward, or pay for his child to get a good grade in an examination or be made a prefect in their schools.
How have our opposite actions impacted our society and brought us to our current sad state? We shall also look at that subsequently. — Hassan Gimba
Let’s Save Our Democracy from this Axis Of Evil, by Hassan Gimba
Several people, including Nigerian leaders, have said that democracy, as a form of government, has no better alternative. And why not, if democracy is all about a system of government in which the governed freely participate in electing their representatives?
Gimba
Nigeria has had a go at practising democracy even before its independence from Britain. From independence, we practised it fully for six years, though it was the Westminster system, bequeathed to us by the colonisers. It got its name from the central London area hosting the Parliament of the United Kingdom.
The Westminster model, which Nigeria started with, is a system in which there is a head of state (or president), a prime minister who heads the government, and an elected parliament (made up of one or two houses) from which the head of government emerges.
Then, there was a thirteen-year military interregnum, during which the men in khaki and jackboots ran the country’s affairs by decree and instituting a unitary form of government, the top-to-bottom command structure they knew all too well.
Fully aware that democracy is more in tandem with human nature, the Khaki Boys organised a constitutional conference in 1979 to usher in a democratic government, opting for a presidential system fashioned after the American model.
However, it did not last as long as the parliamentary system because, four years later, the jackboots returned. It was only 15 years later, in 1999, that the starched khaki-wearing leaders freed Nigeria from their grasp after seeing that stratocracy was globally going out of fashion.
In all of our adventurism with the forms of democracy, it is only in the current dispensation that one sees politicians holding the reins of their party’s leadership, yet sabotaging it.
In the First Republic, for instance, Obafemi Awolowo was the chairman of the Action Congress (AG), while Anthony Enahoro, and later Bola Ige, were its secretaries-general. The National Council of Nigeria and the Cameroons (NCNC) had Herbert Macaulay and Nnamdi Azikiwe as chairman and secretary-general, respectively.
The Second Republic’s National Party of Nigeria (NPN) had Augustus Akinloye as its chairman, and the Peoples Redemption Party (PRP) had Alhaji Falalu Bello. In this dispensation, we have had the All Progressives Congress (APC) with Bisi Akande and Tijjani Musa Tumsah as chairman and secretary-general, respectively.
Despite the average man’s inordinate desire for worldly gains, these chairmen of the opposition political parties never took part in any subterfuge against their parties. History will surely be kind to them as those who endured being in opposition for the sake of democracy and integrity.
There is no integrity where a citizen is playing politics for his stomach. It becomes worse when he willingly sells himself to the devil so that he can own mansions, choice plots, and hefty bank accounts in various currencies. These are the sorts of people that history consigns to the dirty bin it keeps for villains and the immoral.
We may not sound the alarm over the heinous acts of the unprincipled and “long-throat” politicians if not for their desperate—and, from all indications, succeeding—shenanigans involving the judiciary that could jeopardise our democracy.
They are bent on making a mockery of the judiciary, compromising those they can compromise and shopping for favourable judgements from “understanding” or “sympathetic” judges.
As a result of this unholy romance between a triumvirate of monied politicians (whose source of wealth can lead to capital punishment in a sane country), the perfidious, unscrupulous party chieftains, and mercenary judges, Nigeria’s democracy is at risk from this “axis of evil!”
This repugnant alliance, apart from casting the courts in a bad light, is threatening to give them a role never envisaged for them by the framers of our constitution—a power superseding even that of the constitution. Now, courts are managers of political parties, telling them when to meet, who their leaders should be, who their members should be, etc. This is why those who defected from their party—whom the constitution says cease to be party members—remain in their seats courtesy of the courts. Some judgements even turn established precedents and Supreme Court rulings on their heads.
Many lawyers, too, have become willing tools in the hands of the “axis of evil,” as they have no qualms defending the indefensible under the cover of the Constitution, which deems one innocent until proven otherwise. Ordinarily, they know, we know, and everyone knows that the culprits are guilty as charged.
The law must be applied common-sensibly. As the late Gani Fawehinmi, SAN, would say, legality should be guided by morality. Any law or court that sides with the wrongdoer is not helping the country.
This is why law and order are breaking down because the criminal-minded know that even if arrested, they can meander their way out as there are clever lawyers ready to take their rotten briefs for the money and judges who would set them free for a pot of porridge. The rotten lawyers know the houses and haunts of the rotten judges… birds of a feather, they say, flock together.
Is it any wonder that the wicked no longer fear the law or the authority doling it out, or that the innocent citizen fears the outlaw more than the custodian of the law? For one, the lawbreaker knows his atrocities might go unpunished, while the law-abiding fears the law cannot protect him since he may not be able to afford it.
This is why, among many others, the sit-at-home agenda of separatists in the Southeast will continue to be obeyed.
But like almost everything, there must be a way out. Oh, sure, there must be.
The Judicial Service Commission must intervene. They must remove the rug from under the feet of renegade judges who have become turncoats. The Legal Practitioners Disciplinary Committee (LPDC) must start punishing lawyers who engage in forum shopping and other ethical breaches.
But before that, the Nigerian Law School must incorporate subjects into its curriculum to teach the importance of morality and loyalty to the Constitution and the nation.
Then the judiciary must truly be independent in all ramifications; therefore, houses, cars, and any other welfare should not be doled out to its members by the executive. These are not favours and should not be made to be so or to look like one.
Hassan Gimba, anipr, is the publisher and CEO of Neptune Prime.
UN in Nigeria: Charting a Path Towards a Brighter Future, By Mohamed Malick Fall
The indescribable destruction caused by the first and second world wars led many to desire an international organization dedicated to maintaining world peace.
The United Nations (UN) was therefore established on 24 October 1945, to maintain international peace and security and to achieve cooperation among nations on economic, social, and humanitarian challenges.
As we commemorate the ‘birth’ of the UN, we are reminded of its enduring legacy in promoting peace, development, and humanitarian relief across the globe.
The creation of the UN, nearly eight decades ago was a pivotal moment in international history – anchored in the vision of a world united to prevent conflict, protect human rights, and ensure dignity for all.
The values enshrined in the UN Charter resonate strongly in Nigeria, a nation that joined the UN on 7 October 1960, just days after gaining its independence.
Some will argue that the need for the UN has never been greater than it is today, at a time when multilateralism and interstate collaboration is under threat in an increasingly divided world. Not only is the spectre of conflict rearing its ugly head, but pandemics have also killed millions of people in the last few years.
Most importantly, humankind is facing an existential challenge through climate change. If we are to survive, we will need to put our own interest aside for that of humanity and common survival.
The UN’s engagement with Nigeria has been deep and transformative, spanning development initiatives, and humanitarian responses to the challenges faced by vulnerable people. Through decades of partnership, the UN has played a central role in support of the Government of Nigeria, positively impacting the lives of millions through its wide-ranging interventions.
First, humanity is at the heart of the UN’s work in Nigeria. Across Nigeria, each region faces distinct humanitarian challenges. The UN, through its agencies, in collaboration with local and international partners, with the Nigerian Government taking the lead, has acted as a beacon of hope for those in crisis. Interventions have ranged from providing life-saving food and medical supplies, to addressing the long-term needs of displaced people, including education, and psychosocial care.
The UN supports resilience building, agricultural recovery, food security, and livelihoods in affected communities, as well as reproductive health and protection services against gender-based violence. Furthermore, the UN aids displaced people and refugees, providing shelter and basic needs, while also supporting child protection, education, health, and nutrition programmes.
In Borno, Adamawa, and Yobe states, where conflict and displacement have left millions vulnerable, UN-coordinated humanitarian responses have been crucial. Over the past decade, at least five million people have received aid annually, courtesy of the UN and partners, ensuring their access to food, water, healthcare, and protection services.
Beyond emergency responses, the UN has continued to support Nigeria’s development. It has been pivotal in fostering sustainable development through a focus on capacity building, governance reform, and the empowerment of women and youth. Over the years, the UN has supported numerous educational and vocational programmes that have enabled thousands of Nigerians to rise above poverty and build better futures for themselves and their families.
More so, the UN has supported the implementation of projects aimed at enhancing the resilience of communities. Initiatives in agriculture, renewable energy, and economic diversification have been particularly impactful in promoting food security and mitigating the effects of climate change. Similarly, its support for the fight against gender-based violence and human trafficking is helping protect vulnerable people and upholding human rights.
Despite these successes, the road has not been without challenges.
Conflict, displacement, food insecurity, malnutrition, natural disasters, and climate change impacts remain significant hurdles in Nigeria’s path to sustainable development.
The humanitarian crisis in the north-east persists, with violence continuing to disrupt lives and livelihoods. The northwest struggles with escalating banditry and communal clashes, displacing thousands.
The north-central region faces recurrent farmer-herder conflicts, threatening food security and livelihoods. The south-west grapples with violence and kidnapping, posing risks to safety. The south-south is grappling with environmental degradation affecting both livelihoods and ecosystems. In the south-east, rising insecurity has disrupted local economies and essential services, intensifying the humanitarian needs of affected communities.
Moreover, rising inflation and the global economic downturn have compounded the struggles faced by Nigeria’s most vulnerable people.
As we celebrate the UN’s impact in Nigeria, let us remember that the journey continues.
Let all hands be on deck!
Mohamed Malick Fall is the UN Resident and Humanitarian Coordinator in Nigeria.
Precisely 365 days today at about 6. 45am, a telephone call I first received came from the home of Alaba Oluwaseun Lawson. My heart skipped…and listening to the voice from other end of the phone, It was sad news… Mama has gone to the Lord.
Honestly, I was immediately confused and still on my Jalamia, (Pyjamas) I drove straight to her private residence at Quarry Road in Abeokuta. Reality dawned on me on arrival and I couldn’t hold back tears which rolled down my face and I became speechless.
It was a Saturday I used to appear on live radio program on fresh F.M between 9-11am. When I regained my consciousness, I put a call across to management of the station, that I can’t make it because I was bereaved. As I was still trying to comport myself and further regain my strength as a man, there were torrential phone calls from my colleagues in the pen profession, knowing that I was her media adviser, trying to confirm authenticity of the sad news.
I had no choice I had to issue a press statement early enough to avoid speculations and wrong news dissemination. I must confess in my career as journalist of over three decades that was my first time I will be writing a press statement on a demise of any individual.
I must again openly say this, late Iyalode Alaba Lawson, Iyalode of Yorubaland, I knew for over 30 years was my great benefactor and I will continue to appreciate her even in death. She was there for me all time, a reliable mother, a sister and aunty from another womb.
I have no regret knowing her, if there is opportunity to keep relationship in heaven, I will keep that relationship with Alaba Oluwaseun Lawson (Omo Jiboku Tanatana). Its exactly a year today you left this sinful world to rest in the arms of the Lord. The legacies you left behind speak volume. I pray you continue to rest in perfect peace. Adieu
Prince Dimeji Kayode-Adedeji is founder of Penpushing Media and Media Adviser to late Iyalode of Yorubland, Iyalode Alaba Lawson