In this interview, he spoke on the need to amend the 1999
Constitution. He also expressed his view on why the
present administration cannot implement the outcome of
the national conference convoked by the administration
of former President Goodluck Jonathan. Besides, he
stated the reasons why graft offences should attract
capital punishment among other issues. Excerpts:
By Abdulwahab Abdulah
Some Nigerians, including Lawyers, have been calling for
further amendment of the constitution especially on issue
of corruption. Do you think president Mohammadu
Buhari should rely on the report of the national
conference convoked by else president Goodluck
Jonathan?
In the first place, I am not
comfortable with the set up
of the confab and its
outcome. I want to believe
that some honourable
Nigerians were railroaded
into the conference
because they ought to have
known that there is no way
the government that had less than five months to vacate
the sit would be able to implement the report of the
National Conference they were invited to participate. We
all know that one of the major fundamental philosophies
of law is jurisprudence.
No government can buy its successor and if such cannot
happen, the members of the conference, particular
lawyers should have asked themselves how do we expect
incoming government after Jonathan to implement the
report? Would they not say they are not party to the
confab? Would they not say that the outcome of the
conference was not part of their manifestoes?
These are the fundamental questions the participants
ought to have asked themselves but because of some
personal interest, that was why 70 and 80 years old men
were clamoring to become members of the conference.
My take is, what is the essence of the National
Conference, if the government that constituted it could not
implement the report; how do they expect the incumbent
government to inherit another man’s liability? I am not
holding brief for the president and how would he
juxtapose the outcome of the conference with his political
manifestoes no matter how laudable they are.
If he decides to implement the report of the national
conference, are they not going to say that he did not
mention such during his manifestoes? I don’t blame the
president if he distances himself from the report of the
national conference because he was not part of the
conjugal rites that gave birth to the national conference
reports; how do we expect him to inherit a bastard child?
The whistle blowers’ bill has not been passed into law, if it
is passed, is it capable of assisting in waging war against
corruption?
For effective fight against corruption we need to make
Freedom of Information Act which is already in force
available in all the states of the federation. All the states
must adopt it instead of leaving it at the federal level. I
could remember that some human rights organizations
early this year asked the immediate past government of
Lagos State to render account on certain expenditures,
Fashola’s regime refused to oblige the organizations, they
when to court and their defence was that they are not
bound by the law.
In other words, we need effective implementation of
Freedom of Information Act. Another issue is the
amendment of the constitution especially section 15
dealing with all organs of government to join hands
together to fight corruption and also section 36 of the
constitution dealing with fair hearing should be
amended. Cases relating to graft offences, presumption of
innocence should not apply because a grade level 17
official who has several houses, fleet of cars and all his
children went to school abroad should defend himself or
proof his innocence.
Are there other issues that demand immediate attention
now?
Another issue is to amend the administration of Criminal
Justice system in the states. Where they operate criminal
code should be amended as well so as to renew the new
mentality of incorporating anti-graft law. The constitution
should stipulate it that any graft offence is a capital
offence through which the presiding judge will grant bail
only on health ground from renowned public hospitals. I
am an insider and I have been defending criminals and I
know how the like of some past governors who have
allowed anti-graft cases to hang on their neck and they are
now senators.
Meanwhile their cases had been on for more than six to
seven years. In other words, the society has recycled
them to become lawmakers instead of being in prison. To
make the graft more socially- oriented, we must amend
the administration of criminal justice law, the evidence
law, section 36 of the constitution particularly making
graft offences a capital offence. Declaration of asset is a
mere cosmetic approach of fighting corruption and it is
not fundamental.
The fight against corruption should start from the state
governors and be extended to the civil service and the
legislature. The present National Assembly is constituted
of mainly some state governors who had stolen money
and became law makers, they cannot make good law
when they know that arraignment is hanging on their neck
and they would be the first victim. Nigeria is at the cross
road to fight corruption because those who are supposed
to give direction to the Mr. President’s approach to fight
corruption will not do it.
The state governors who are eyeing the Senate seat will
never support move to amend the constitution to make
graft offenders bagged life imprisonment because some
of them know they will soon be arraigned. Those who
think the condition is so stringent should also realize that
corruption has deprived Nigeria of developmental
progress, corruption is the fundamental root of
unemployment and insecurity we are witnessing in the
country today.
We need to address corruption seriously and
fundamentally through the instrumentality of law and
constitution and government must be serious with the
institutions that are fighting corruption instead of
celebrating individuals so that when the president finish
his regime the institutions will continue in fighting the
corruption.
What are the legislative reforms you want the lawmakers
to address urgently in the National Assembly?
The primary functions of the National Assembly is to make
good laws for the governance of the country. Why doing
so, they must not push their selfish interests rather the
interest of the Nigerians to ensure that the unborn
children do not inherit empty treasury, liability,
unemployment and many other problems the country is
currently facing. Laws must be made to ensure that
Nigeria is a better society; laws must be made to ensure
that graft is reducing to the barest minimum.
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