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THE NATION TUESDAY, APRIL 28, 2015<br />
LEGAL OPINION<br />
Sri Lankan Bar leader wins award<br />
FORMER President of Sri Lankan<br />
Bar Association (SBA) Upul<br />
Jayasuriya has been declared<br />
winner of the Second Commonwealth<br />
Law Conference Rule of Law<br />
Award. He was the President of Sri<br />
Lankan Bar from 2013 to March 31,<br />
2015.<br />
The award was presented to him<br />
at the Commonwealth Lawyers<br />
Association (CLA) conference.<br />
He is the second winner of the<br />
By John Austin Unachukwu<br />
beautifully engraved trophy with<br />
a $5,000.00 monetary value.<br />
The inaugural award was won<br />
by Ms Robin Sully, a Canadian<br />
lawyer, who contributed to the<br />
rule of law both in Canada and<br />
across the Commonwealth<br />
Jayasuriy said: “ I am very<br />
happy, I feel that our cause has<br />
been achieved, we have been vindicated<br />
and all the sufferings we<br />
passed through has been appreciated<br />
by the Commonwealth Lawyers<br />
Association.<br />
“I came up to this level because<br />
of circumstances. I led the Bar at<br />
the when the Chief Justice Shirani<br />
Bandaranayake of Sari Lanka was<br />
impeached. At that time, the Bar<br />
needed a leader who could pursue<br />
her cause to the very end. The lawyers<br />
gathered and gave me overwhelming<br />
mandate to do that and<br />
that is just what I did.”<br />
LAW AND<br />
PUBLIC POWER<br />
with<br />
gabriel AMALU<br />
email:gabrielamalu1@yahoo.com<br />
For comments:<br />
08033054939 (sms only)<br />
39<br />
•Mr. Jayasuriya (middle) flanked by his wife Chula (left) and daughter Erandi (right), all lawyers.<br />
Lawyers hail CLA conference<br />
LAWYERS at the 19 th edition of<br />
the Commonwealth Lawyers<br />
Association (CLA) Conference,<br />
which held in the Glasgow, Scotland,<br />
have scored the conference high in<br />
spite of poor attendance.<br />
They said the resource persons and<br />
quality of delivery made a great impact<br />
on them.<br />
The Nigerian Bar Association<br />
(NBA) First Vice-President, Mr.<br />
Francis Ekwere said: “It has been a<br />
worthwhile experience being here.<br />
It has opened our eyes to see how<br />
conferences are organised, the<br />
seamless transition from one session<br />
to another, etc. We will try and<br />
see what we will do to improve our<br />
own conferences. We have a lot to<br />
take home from here.”<br />
Another participant, Mr. Rotimi<br />
By John Austin Unachukwu<br />
Oguneso (SAN), said: “It is very<br />
stimulating because it afforded<br />
various practitioners from the commonwealth<br />
countries the opportunity<br />
to exchange ideas, network<br />
and bring their individual experiences<br />
to this conference while they<br />
learn from each other.”<br />
To Mr. Aniedi Akpabio, the conference<br />
was a great success notwithstanding<br />
the low attendance.<br />
“The resource persons were carefully<br />
selected. Their delivery was<br />
fantastic and change of sessions<br />
seamless. I urge lawyers from<br />
Commonwealth countries to always<br />
strive to attend this conference<br />
because it is quite interesting<br />
and very rewarding,” he said.<br />
Another participant, Mr. P.C.N.<br />
Okorie, described the conference<br />
as rewarding.<br />
A commissioner in the Nigerian<br />
Law Reform Commission,<br />
Kefas Mogaji said: “The conference<br />
was indeed; a huge success.<br />
First of all, the resource persons<br />
are those that are experienced and<br />
vast in their various areas.”<br />
A former Muslim Lawyers Association<br />
of Nigeria (MULAN)<br />
president Tajudeen Oladoja, said:<br />
“I will take home how to enhance<br />
access to justice for teeming Nigerian<br />
indigent clients because<br />
that is the focal point of one of<br />
the sessions I attended at the conference.”<br />
•Basil Udotai; Nigerian Bar Association Section on Business Law (NBA-SBL) Vice-Chair Olumide Akpata;<br />
Chief Judge of the Federal High Court Justice Ibrahim Auta; Funke Agbor, Agada Elachi and Endurance<br />
Uhumuavbi during a courtesy visit on Justice Auta in Abuja.<br />
Attempts at auctochthonous<br />
constitution<br />
THE Nigerian people have been dealt a double whammy, in the<br />
closing days of the Jonathan presidency. As things stand, both the<br />
“new constitution” from the Jonathan’s national conference and the<br />
national assemblyarranged fourth constitutional amendment,may become<br />
relics of our political history. Tragically, the relics would have been<br />
accumulated at humongous costs to the tax payers. While the legislative<br />
enterprise cost about 4 billion naira, the executive business is said to cost not<br />
less than 7 billion naira. The monies were substantially spent to smother our<br />
duplicitous political elites; who gathered at the variously organised<br />
jamborees, even as the organizers appear to know they were merely playing<br />
poker, with our commonwealth.<br />
With the presidency and national assembly controlled by the same political<br />
party, the Peoples Democratic Party (PDP);it is a measure of the party’s lack<br />
of discipline that they choose to work at cross purposes. President Jonathan’s<br />
so called master stroke - the constitutional conference, has now turned out a<br />
mere smoke bubble. Yet at that time, the hopes of long suffering Nigerians<br />
were heightened that at last, Nigeria was about to have something close toan<br />
autochthonous constitution. Even when the president choose to heavily induce<br />
the selected members, with sums that beggars any patriotism, (a whopping<br />
12 million naira, per person), many still invested hope in the conference.<br />
On their part the national assembly which refused to give a legislative<br />
imprimatur to the conference, also refused to entertain any budgetary<br />
allowance for it. To show to what dubious use the so called executive-wide<br />
votes can be put, Jonathan’s men were able to raise the billionsneeded to<br />
excessively pay-off, the 492 conferees, which this column called thenan<br />
ensnarement into “the gang of national treasury looters”. Because the tension<br />
which had risen following President Jonathan’s determined presidential<br />
ambition, suddenly ricocheted, as the selected troublesome elites busied<br />
themselves with sharing the billions; Bishop Matthew Kukah made the famous<br />
quip, that Jonathan has dealt his opponents ‘a master stroke’.<br />
As may be obvious now, the Jonathan’s master stroke was only successfully<br />
aimed against the national patrimony. Meanwhile, the quality of the men<br />
and women gathered by Jonathan, gave many the hope that something<br />
positive may yet come out of the exercise. After several weeks, the conference<br />
submitted a report which commentators claimed would revolutionize the<br />
political and socio-economic laws of the country; which no doubt is more<br />
unitary than federal. Unfortunately, instead of Jonathan’s presidency moving<br />
with speed to implement the recommendations that require mere executive<br />
actions, and also submit a bill on others to the national assembly, it choose to<br />
set up another committee over that report. Of course, all efforts to get Nigerians<br />
to give Jonathan a second term, with a promise to implement the<br />
recommendations if re-elected,have turned a mirage.<br />
On their part, with a mind-set, to cut the executive to size; the legislature in<br />
complete disregard to the fundamental principle of appropriation, also dug<br />
its heavy hand into the treasury, and with 4 billion in their pockets, they setouton<br />
a nation-wide consultation (some called it a frolic), towards a fourth<br />
amendment of the 1999 constitution.In the particular effort of the lower<br />
chamber of the national assembly, a mini-conference was organized under<br />
the suzerainty of each Representative, to garner what they touted were the<br />
preferences of the people, from a list determined by the House. The senate<br />
also arrogantly set their minds to determine what the people wanted, as they<br />
organized town hall meetingswith their acolytes, which they passed-off as<br />
consultations.<br />
Pretending to be the only patriots, the national assembly members went<br />
ahead to fashion a fourth amendment, in their own image. One of the major<br />
highlights is the provision of mind boggling luxury for their principle officers,<br />
at retirement. They did not spare a thought about being one of the highest<br />
paid legislature in the world;which according to some sources, amounts to<br />
about 25% of the annual national budget. Having flagrantly over the years<br />
usurped the powers of anexecutive body, the Revenue Mobilisation Allocation<br />
and Fiscal Commission, the gamers at the national assembly also tried to<br />
chip-off more powers from the executive;in further defiance of the<br />
fundamental principles of separation of powers, which is the bedrock of a<br />
presidential system of government.<br />
Just as the current regime is about to wind up, it has become evident that<br />
the 7 th legislative house and the Jonathan executive,would jointly and<br />
severally carry home the moral baggage that goes with their respective illfated<br />
expensive jolly rides.While the legislature early enough sought to make<br />
a mockery of the constitutional conference, by refusing to gift it, a legal<br />
premise; the Jonathan presidency waited for its dying days to hand over to<br />
the legislature, a mock exam in constitutionalism. With clear malice against<br />
each other, the two prodigals have submitted their petty quarrel to the Supreme<br />
Court for adjudication.<br />
I support the intervention of the learned silk, Femi Falana (SAN), urging<br />
the national assembly and the presidency to come down from their high<br />
horses, and immediately seek a compromise in the interest of Nigerians.<br />
Eating such humble pie would enable the country gain a modicum of reform,<br />
if for instance, some provisions of chapter 11 of the 1999 constitution, dealing<br />
with fundamental objectives and directive principle of state policy,gains<br />
justiciability under the fourth amendment. At least, it would reduce the<br />
resources that would be available for more prodigality,in case the 8 th national<br />
assembly retains their predecessor’s DNA. If for instance education is made a<br />
fundamental right, then there will be less resources for the executive to steal<br />
or mismanage. President Jonathan with few enduring legacies, should consider<br />
reaching a compromise with the legislators, instead of the double dealings<br />
against greater national interests.