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14 THISDAY • WEDNESDAY, MAY 20, 2015 COMMENT Editor, Editorial Page PEtEr IShAkA Email peter.ishaka@thisdaylive.com CAN OSINBAJO SAVE THE JUDICIARY? (2) The incoming government should help to sanitise the judiciary, writes Sonnie Ekwowusi And if his lordship manages to sit on the day in question, the court case is unlikely to be heard either because the court is not “well disposed” to take any trial or contentious matter on that day or because the counsel on the other side is asking for an adjournment to enable him file a further and better affidavit or respond to the counter affidavit recently served on him or to get the bailiff to effect service of the court processes on the other party and so forth. For failing to accede to the extortionist bid of a court registrar or a court clerk or a court bailiff, a litigant risks having his case permanently kept in the cooler until such a time he decides to cooperate in the evil of extortion. To secure an early date at the Court of Appeal or the Supreme Court for the hearing of a litigant’s case is an impossible thing these days. Oftentimes the lawyer is talked into parting with a sum of money before he is given an earlier date failure which he is told that the diary is congested and can no longer accommodate any new case or application. I can go on and on recounting the institutionalised corrupt structures hindering the smooth dispensation of justice in Nigeria. Therefore beyond the euphoria of decorating some courtrooms with hi-tech equipment, introduction of the Woolf’s front-loading method and innovative civil procedure rules and all that, there is the urgent need to address the human character deficit that is constantly giving the judiciary a bad name and depicting it as one incorrigible and incurable institution. In these times of crisis of integrity, only men and women of unquestionable character are needed to redeem the Nigerian judiciary. Anything short of this is begging the question. To guarantee an independent, incorruptible and courageous judiciary, the late Justice Akinola Timothy Aguda recommended that worthy persons be appointed to the Bench. Of course, the employment of worthy judicial personnel such as court bailiffs, court clerks, court registrars, court messengers and other judicial personnel who play vital roles in the dispensation of justice is also absolutely necessary. After all, as former Chief Justice Aloma Mariam Mukthar duly acknowledged, administrative injustice wrought by judicial personnel eventually begets legal injustice. Therefore, the intervention of Osinbajo is urgently needed to weed out the bad eggs in the judiciary and to ensure that henceforth only worthy persons are appointed as judges and employed as judicial personnel. Happily, the National Judicial Council (NJC) has now released new “Guidelines and Procedural Rules” for all judicial appointments into superior court ONLY MEN AND WOMEN OF UNQUESTIONABLE CHARACTER ARE NEEDED TO REDEEM THE NIGERIAN JUDICIARY. ANYTHING SHORT OF THIS IS BEGGING THE QUESTION positions in Nigeria. The new guidelines seek to block all leakages, insulate judicial appointment from external influence as well as abolish Professor Joseph Richard’s prebendalism in judicial appointments. It is hoped that better use would made of the new guidelines in resuscitating the judiciary. As an expert in criminal justice reforms, it is indeed proper and fitting that Osinbajo would guide the incoming Federal Attorney-General in reforming our much-vaunted deplorable criminal justice system. Every time I go to the police station or visit the prison, I come out completely depressed. Many years ago at Bode Thomas, Surulere, Lagos, Police Station, I saw a suspect being tortured upside down. Blood was already settling around his nostril, an indication that he was being asphyxiated to death. I remember shouting at the policemen on duty before the man was reluctantly released. Therefore Osinbajo should ensure that the Buhari government goes beyond paper work in criminal justice reform. Lamentably, about 64% of the inmates in Nigerian prisons are awaiting trial. Crime investigation in Nigeria still drags on endlessly. Even when suspects are arraigned for trial in court, the trial is marred by endless adjournments at the instance of the police for lack of vital evidence to prosecute the suspects. There are no “Black Maria” vehicles to convey the ATI to court on court days. These problems are even compounded by corruption. Corrupt police officers arrest innocent citizens on trumped-up charges just to extort money from them. In other climes, the prison system is reformatory, but unfortunately in Nigeria it is punitive. Prisoners come out of our prisons as hardened criminals and societal dregs. It is disappointing that the backlog of recommendations by successive governments in Nigeria on how to de-congest our prisons have been left unimplemented till date. Therefore Osinbajo should ensure that the Buhari government implements these recommendations. Dumping of suspects in prison without trial must stop. Young persons and juveniles should not be dumped in prisons: they should be tried in juvenile courts. Suspects who cannot be charged to court within two or three months be released from detention as stipulated in our constitution. The Federal-Attorney should routinely visit the prisons across the country to ensure that they are de-congested Osinbajo should ensure that the Buhari government makes a difference by taking some concrete urgent initiatives leading to the reform and overhaul of nation’s criminal justice system. WHO WILL HELP PDP TO RISE AGAIN? Godwin Etakibuebu argues the outgoing ruling party would be on the floor for sometime, unless helped by the APC The fall of the Peoples Democratic Party [PDP] was big. May be the fall was mighty because the politicians that were running the party at that time believed that it would dominate the Nigerian political landscape for at least 60 years. In fact, one of them actually predicted 100 years when the “come and chop” or “you chop, l chop” unwritten ideology of the PDP was at its peak. Then suddenly came the fall. Being the largest political party in Africa, as the runners of the party chose to call it while it lasted, the fall also became the “largest fall of any political party in the annals of African history”. The magnitude of the fall, by law of gravity, may dictate that unless there is external hand of help, this fallen “elephant” may not be able to rise again. And if that happens, which is a possibility, then the first assignment for genuine sympathisers of the PDP to embark upon is to critically do a clinical analysis of the route taken by the victim [yes, PDP is now a terrible victim of its own mismanagement], the type of food it ate while on the journey, the weight it gained while on the voyage [that led to the disaster of the fall] and ascertaining the reality of existence of any help to raise the fallen elephant. I mentioned sympathisers deliberately for a reason. Ordinarily, sympathisers are not to be saddled with the responsibility of resuscitating the dying giant. That ought to be the direct duty of the PDP leaders. But unfortunately we all can see that there is a vacuum at the leadership position of the PDP, more so with the war of attrition going on between the party management cadre and the national working committee. If we can listen properly to the sound from the inner room of the party, it is saying something like “it is finished”. I may be wrong though but for now, that is what l am hearing. Permit me to present my feelings of what might happen next. As the leader of the party [PDP], President Goodluck Jonathan, prepares to bow out of office on May 29, 2015, he is learning fast on daily basis that he is a “political orphan” already and that there is no ready-made “orphanage home” to adopt him. And by the time, my brother from Otuoke Community of Bayelsa State, gets back home from Abuja, l cannot see him coming out in hurry to the major cities of Abuja, Kaduna, not even Maiduguri [where members of the notorious Boko Haram group he defeated are still nursing their wounds], Lagos cum Ibadan [can he forget in hurry how the Lagos/Ibadan axis of the South/West royalties dealt with him most treacherously during his presidential campaign of that zone?], Benin or even in Yenagoa [where his own PDP lawmakers at the National Assembly have decamped to the All Progressives Congress] to think of helping the fallen PDP back to its feet. President Goodluck Jonathan, as typical Izon man, is brave by nature. And having been brought up in the Izon tough and deadly terrain [yes, those that are created by God to survive in oceanic environment of the Niger Delta are akin to those that are created by the same God to survive in the deadly desert of the world – go and study the Kanuris of the Northeastern Nigerian]. Yet, at this point of being down on the floor, he, as a human being, is “dazed”. His confidence, which may take time to return anyway, cannot be on how to “bring PDP back to its feet”. It is only human not to think like that, at least for now. That is about Jonathan on the one hand. On the other hand, the incumbent National Chairman of the PDP, Adamu Muazu, is not in a position to think of what can be done to help the fallen elephant come up on its feet again. No, Adamu Muazu cannot do anything because he was an identifiable “disconnected pillar of disaster in the falling game-project” of the party. Here was [or is?] a Chairman, a former two-time PDP governor of Bauchi State, with a sitting PDP governor [Isa Yuguda] in the same state, in addition to the Federal Capital Territory Minister, unable to win a single slot [Governor, Senate, House of Representatives and State House of Assembly] for the party, but conveniently “supervised the stoning” of the President in Bauchi before the election. Is there any Nigerian that does not know that everything is wrong with this man politically? Furthermore, this same greatest political liability of the PDP spoke with a shameless audacity that he would not resign as chairman of the party when he was called upon to do so in view of the disaster he led the party through during the recently concluded general elections; but instead, chose to embark on a medical trip overseas. In view of the forgoing, the question of who helps the PDP to rise again becomes inevitable. My guess is that this fallen giant – PDP – is most likely to remain on the floor for a long time to come due to the “excess fat of corruption” weighing it down while dancing “naked in the market place of the Nigerian politics”. Or in the alternative, the All Progressives Congress which will soon be in government at the centre will help to lift up the PDP from its fallen position. This the APC may do, if it hired the same musicians with the same musical instruments of “corruptive madness to the same market square”. It shall not be a surprise, to me at least, if that happens because the APC membership, as presently constituted, is not lacking in “proven Nigerians of greed”. Even, more fearsome on this God-forbid-expectation, is the reality that most of those that consolidated the success of the APC were those that made the PDP “complete” while the macabre dance of corruption lasted. It is only Major General Muhamadu Buhari (rtd) that makes the difference in comparative analysis between the APC and PDP. Nigerians are watching! Etakibuebu, a commentator on public affairs, wrote from Lagos
THISDAY • WEDNESDAY, MAY 20, 2 015 15 EDITORIAL WHITHER THE VICTIMS SUPPORT FUND? The quietness of the committee administering the fund is worrying. Where are they? Due to the humanitarian crisis caused by the Boko Haram insurgency in the North-eastern part of the country, the federal government last year set up the Victims Support Fund which is aimed at ameliorating the suffering of those at the receiving end of the menace. At the launch in Abuja, financial pledges to the tune of N58.79 billions were made by individuals and corporate organisations. While we do not know to what extent those pledges have been redeemed, we are even more worried that not much has been heard about the activities of the body since inauguration. As we stated at the time, the ideals for setting up the support fund are no doubt lofty ones. Apart from its humanitarian value, the fund is one idea that had assured the world that the Nigerian government was alive to its responsibility to the citizens, especially the vulnerable. But conceiving the idea, setting up the committee and even realising huge donations at the fund-raiser was the easiest part of the whole project. The harder part, in our reasoning, was for the donors to make good their pledges and for the committee already established to do the tough job it DID THE VICTIMS SUPPORT FUND WIND UP ITS OPERATION AFTER RAISING THE MONEY? EXACTLY HOW MUCH WAS REDEEMED AND WHERE IS THE MONEY? was assigned. The litmus test, as we also argued, would be in the implementation and the judicious administration of the fund in such a manner that the distressed and the displaced would benefit. Unfortunately, if there are evidences of that, most Nigerians are yet to see it. In the course of his recent visit to the Diffa Province in Niger Republic to see the more than 200,000 Borno State indigenes who fled from the Boko Haram insurgents to the neighbouring country, Borno State THISDAY EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS EDDY ODIVWRI, ROLAND OGBONNAYA MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI THISDAY NEWSPAPERS LIMITED EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU GROUP FINANCE DIRECTOR OLUFEMI ABOROWA DIVISIONAL DIRECTORS IJEOMA NWOGWUGWU, EMMANUEL EFENI, ‘GBAYODE SOMUYIWA ASSOCIATE DIRECTORS PETER IWEGBU, FIDELIS ELEMA GENERAL MANAGER PATRICK EIMIUHI GROUP HEADS FEMI TOLUFASHE ART DIRECTOR OCHI OGBUAKU II TECHNICAL DIRECTOR OJOGUN VICTOR DANBOYI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO GENERAL COUNSEL CHINWE IZEGBU (NATION’S CAPITAL) DIRECTOR OF PHOTOGRAPHY SUNMI SMART-COLE TO SEND EMAIL: first name.surname@thisdaylive.com Governor, Alhaji Kashim Shettima, told the displaced people that he was setting up a Task Force on Evaluation, Reconstruction, Rehabilitation and Re-integration of Insurgency Victims. The mandate of this body would be to assess the safety and damage in all liberated territories while commencing reconstruction works to ensure basic necessities of life, such as water, healthcare facilities, access to food and shelter, are made available in addition to fumigating all areas to guarantee health security given possible decomposition of bodies. He also announced a special welfare package for the displaced persons in cash which was handed over to camp officials. We find it curious that the Borno State government would be setting up another body to take care of the victims. That suggests that there are serious issues with the one established by the federal government with much fanfare many months ago. In fact, ever since the inauguration of the Victims Support Fund, not much has been heard about its activities. Yet in the face of the numerous challenges being suffered by the hundreds of thousands of Nigerians who were victims of the Boko Haram insurgency in the North-east, many have been wondering what happened to the money raised in their names. If the pledges were not redeemed Nigerians need to know and if there are challenges that inhibit the committee, it is also proper to place such in the public arena. As far as the Boko Haram victims are concerned, the only institution that seems to be making any efforts is the National Emergency Management Agency (NEMA). The pertinent questions here are: Did the Victims Support Fund wind up its operation after raising the money? Exactly how much was redeemed and where is the money? Whatever may be the answers to these questions, the crucial issue is that the Nigerian citizens who were displaced as a result of Boko Haram insurgency and in whose name a Fund was set up deserve accountability. Letters to the Editor TO OUR READERS Letters in response to specific publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (950- 1000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer. ATIKU AND THE BUHARI PRESIDENCY Over the years, former Vice- President Atiku Abubakar has been the most visible politician, especially in the politics of Nigeria’s presidency. In fact, 68 year-old Atiku has so far has spent nearly half of his age doing politics. Atiku is today one of the stakeholders in the Buhari Presidency and the All Progressives Congress (APC). The Buhari presidency is a product of change- a change that most Nigerians are keen for. Is Atiku a changed man? It seems Atiku is trying to right the wrongs of the past. However, Atiku still means different things to his critics and supporters. Atiku’s critics often argue that the core reason he ventured into politics was not different from that of a typical Nigerian politician- the quest for power and self enrichment. But his supporters say, mere politics is not what only defines Atiku, but the way he does it. Atiku is politically adventurous and his strategies in politics are always audacious- they surpass those of ordinary Nigerian politicians. Over the years, Atiku has been the most visible politician, especially among those who strive for the country’s presidency. His opponents are always quick to describe him as opportunistic and a desperate serial presidential contestant. His supporters see his unrelenting participation in party politics as a clear sign of Atiku’s passion to serve his fatherland. Atiku’s supporters always boast that Atiku is one of the few top-notch politicians in Nigeria that fought the PDP– he engineered the biggest revolt that shocked the PDP (the famous new-PDP). And, despite that, Atiku lost the APC presidential primaries to Buhari and his preferred candidate also lost the Adamawa APC governorship primaries. Atiku helped the APC with his immense war chest that easily scares off opponents- vast political network and connections. Muhammadu Buhari- the politician appears to have realised that Atiku is such a man that must be factored in the present Nigerian political equations. Atiku was the most prepared candidate for the 2015 presidential election. He has a well-drafted policy document loaded with fine programmes and projects, christened “The Atiku Abubakar Formula”. Atiku promised, if elected, his medium-term strategy would be to ensure that recurrent expenditure is financed fully with non-oil revenues, while all oil proceeds will be invested in infrastructure, security, education and health. The Buhari presidency will be a defining moment for Atiku to re-launch himself as a true democrat, who is already to sacrifice for the good of the nation. Though the ultimate measure of a democrat is not how he stands at the moment of comfort and convenience, but how he stands at times of challenges and controversies. Nigerian will be closely watching Atiku in the Buhari presidency. Zayyad I. Muhammad, Jimeta, Adamawa State WHAT SHALL IT PROFIT POLITICIANS? About six months ago when political parties began their primary elections to choose their representatives for the various elective posts across the federation, many didn’t know where the pendulum would swing. To the outgoing ruling party, the Peoples Democratic Party, thought it will be business as usual; all they needed to do was to clinch their party’s ticket for the various elective posts and wait till they get to the over-crowded bridge before thinking of crossing it. The emergence of General Muhammadu Buhari as All Progressives Congresss presidential candidate turned the tide which led to a band wagon effect across the federation coupled with INEC’s boss, Professor Attahiru Jega’s uncompromising stance on the use of permanent voter cards and card readers. When many politicians embarked on this political journey, they never gave it a thought that General Buhari and his wind of change mantra would gather as much support than he did in previous elections. Buhari’s overwhelming victory at the presidential polls shattered their plans at the state level. In order not to be swept away by the political tsunami raging from the centre, the political Shenanigans in collaboration with some repugnant political turncoats who do not want to be caught in the web of change manipulated and rigged the elections in their states. The general elections has come and gone with its winners and losers, the pandering predilections that followed suit is gradually fading away, some winners and their would be larceny of aids have confined themselves in solitude. While others are getting ready to take over the mantle of leadership, there seems to be deadening silence in some quarters. The premise of this piece is for how long will many of these soon to be sworn in elected officials last in office? The emergence of the incorruptible czar, General Buhari as president-elect is already sending shivers down the spines of many and no one would want to be found wanting in the discharge of his/her duties before and after May 29, when the president-elect will be sworn in as the substantive president of the emerging Nigeria. So far, the revelations at the ongoing tribunals against the legitimacy of the elections that returned elected officials in some states are too damning and outrageous. I don’t need a political clairvoyant to foresee what will happen in the next six months; my wager is that in less than six months from now, both the state tribunals and law courts will start upturning the electoral victories of some elected governors, senators and honourable members. They will vacate the seats they have been illegally occupying for the legitimate occupants. Joe Onwukeme, Enugu
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