The Eagle Gate

Author: Admin

  • Rebuild Nigeria International Forum (RNIF) supports Atiku on restructuring

    Rebuild Nigeria International Forum (RNIF) supports Atiku on restructuring

    The Rebuild Nigeria Initiative Forum, a non-government and patriotic citizens’ support-driven organisation has thrown its full weight behind former Vice-President and Presidential aspirant Atiku Abubakar’s model for restructuring Nigeria.

     

    In a statement by the forum’s Vice-President, Otunba Wale Fasan, the organisation recalled that Atiku was the first Nigerian to suggest restructuring as a mode for reuniting a multi-tribal Nigeria that had hitherto been plagued by misunderstandings and strife amongst the various nationalities comprising it.

     

    The statement came as a followup to the group’s show of solidarity to the Waziri of Adamawa’s presidential ambition during his electioneering campaign held recently at Oshogbo, the Osun state capital, home state of the hopeful’s wife, Chief (Mrs) Titi Atiku Abubakar.

     

    Fasan, during an interview with newsmen at the occasion said that the group was gladdened by the Waziri Adamawa’s support for restructuring and urged Nigerians to be referred to several publications in Nigeria’s major newspapers, dating as far back as July 13, 2001, in which Atiku had championed the cause for the inevitability of restructuring the entity Nigeria.

     

    “Waziri Atiku Abubakar is the one person that has the moral authority to say restructuring is possible because he has engineered it before. He is not saying I can do it, he is saying I have done it”, Fasan said.

     

    “Many Nigerians may have forgotten that there was once a dilemma in Nigeria called the onshore/ offshore dichotomy. In 1984, Major General Mohammadu Buhari (rtd) reduced the amount of derivation funds paid to oil producing states to a paltry 1.5 % by military fiat and left the offshore oil revenues to the federal government. It was not until the 1994-95 Constitutional Conference that patriots led by Shehu Musa Yar’Adua and Atiku Abubakar mobilized other members of the conference to come up with a unique solution to the onshore/ offshore dichotomy. Their solution provided a formula for the administration of the derivation principle and contained three very significant embodiments”, he added.

     

    According to him, the first embodiment was that allocation to derivation should stand at a minimum of 13 percent. The second was that the dichotomy between onshore and offshore exploration should not be taken into account for the purpose of revenue allocation. The third was that the boundaries of littoral states were clearly defined as extending to Nigeria’s exclusive economic zone which at the time stood at 200 nautical miles.

     

    “When the 1999 Constitution refused to take this unique solution into consideration (being that it was forced on the nation by the military), the onshore/offshore dichotomy raised its ugly head and threatened to tank the then nascent Obasanjo administration and the nation with it. It was precisely Atiku Abubakar who used the network he built at the 1994-95 conference to persuade both President Obasanjo and Niger Delta Governors including Obong Victor Attah and Dr. Peter Odili, (who were his colleagues at the 1994-95 constitutional conference) to reach a political solution and just like that, and by an Executive Order, President Olusegun Obasanjo, with the intervention of Atiku Abubakar, used a political solution to solve a problem caused by the constitution”, Fasan declared.

     

    Earlier in his speech at the Osogbo Freedom Park venue of the event, Waziri Atiku Abubakar urged Nigerians to unite against all forms of division currently threatening the peace of the country and take back their country from the voyage of destruction!

     

    Ojomo, Olusegun Adebambo Esq. (Communications’ Specialist)

    Credit: firstnigerianews
    Com

  • Is the trial of Chief Dan Orbih, Shekarau and the others, not one of the entire Nigerian political class?

    Is the trial of Chief Dan Orbih, Shekarau and the others, not one of the entire Nigerian political class?

    The rumor slowly but steadily made the rounds. It then gained momentum that the APC controlled Federal Government planned to put many political opponents on trial for allegedly spending public funds on political campaigns, as part of the “fight” against corruption. Unsuspecting members of the public welcomed it.

    The likes of Oliseh Metuh who was at one time Publicity Secretary of PDP and a few others were arrested. They were thereafter arraigned in a court of law.

    Metuh was accused of receiving money traceable to the Office of the National Security Adviser. There was a huge applause. Suddenly, it dawned on President Buhari and his Government that such involvement was amongst persons few and far between. There was no significant political capital to be made out of such exercise. They changed the narrative in the middle of the game.

    The chase shifted to any political opponent who purportedly shared campaign funds. It didn’t matter whether it was public funds or purpose-driven generated private funds for a political event. As far as this Government was concerned, any politician who is said to have distributed campaign-funds in support of PDP in the 2015 presidential election and refused to decamp to the ruling APC is a thief who should be in jail. For those who could not stand the heat, they got the message and did the needful. Their sins were quickly forgiven. For those who remained faithful to their political party, they became endangered species.

    So the likes of Chief Dan Orbih who is chairman of PDP in Edo State and Pastor Ize-Iyamu who was PDP’s governorship candidate in the same State were arrested and charged before the Federal High court in Benin City by EFCC, the persecution agency of Buhari’s Government. Elsewhere, HE Shekarau of Kano State PDP, HE Shagari of Sokoto State PDP were arrested with others and similarly arraigned in the same court in their respective States for the same reason.

    Their crime is that they are believed to have distributed campaign funds in excess of five million naira contrary to section 1(a) of the Money Laundering Prohibition Act 2011 ( As amended by the 2012 Act) in 2015. This time around, it was clearly established that the funds that they allegedly distributed were from donations and contributions by individuals and private companies and ware-housed by one of the Commercial banks. The bank undertook to distribute the said funds to the various States using their outlets nation wide. The donated funds received by the various PDP chapters were distributed through the chain of party hierarchy down the line for campaigns and the eventual general elections of 2015.

    There was no difference in the preparations of APC. As a party, it raised funds from individuals, private companies and even from Public sources from the States of the Federation within their control. By charging the PDP operatives with money laundering, is the Buhari Government suggesting that members of APC and those of other political parties never distributed such funds for campaign and election purposes during the period under reference?They can tell that to the marines. The other parties distributed funds likewise.

    How were the funds that delegates received in Lagos during the APC primaries that produced President Buhari shared? Were they distributed to their delegates through financial institutions? How did APC distribute the funds which were used during the primaries of the party that produced Governor Obaseki in Edo State as candidate of the party and the governorship election that followed? His challengers in the primaries cried out at the time that they were outspent with most delegates receiving about #300,000 each. Over 2000 delegates received that amount at different locations within Edo State from various sharing points where hundred of millions of naira were disbursed.

    Only recently in Ekiti, the APC primaries were fought with naira for naira. One candidate came into the State with loads of money worth hundreds of millions of naira. The money was shared in cash to the delegates before the said primaries. What was different from what they did in Ekiti and what the PDP stalwarts now on trial did with the campaign funds raised for that purpose? None, I believe.

    As far as I know, the use of cash to induce delegates for primary tickets of political parties is not peculiar to PDP. In the same vein, the distribution of funds by cash to prepare for campaigns and elections in Nigeria is also not limited to PDP as a political party. They are common to all the parties. They all do it and are perhaps preparing to do it again in 2019.

    Any Government that wishes to be taken seriously by citizens under its watch, must largely uphold the rule of law in a constitutional democracy like ours. One of the non-negotiable elements of the rule of law is equality before the law. In other words, every one must be treated equally before the law irrespective of class, creed, religion, tribe or political party affiliation. Sadly, this is not the case in our country.

    If the Buhari regime really means business about trying stalwarts of political parties for money laundering each time they distribute sums of money over five million naira as campaign funds, the government would need to build many more prison yards to accommodate the hundreds of political leaders who help political parties to distribute billions of naira nation wide for both intra-party and inter-party political contest. If that were so, President Buhari may just find out that more than half of those that would populate the prison yards are his party men and women. That is how bad it is.

    It amounts to sheer hypocrisy and cheap competition tactics for President Buhari’s Government to hound his challengers for political power by raising criminal charges against them in respect of political practices that the ruling party itself has perfected. If President Buhari really wants to fight corruption, he should turn his attention to the Police, Civil Service, Parastatals, CBN and its foreign exchange deals, NNPC and its questionable transactions. They are all still in business as usual as nothing has changed. The only substantial difference is that the circle of looters of public funds has narrowed down to a few, while the the hunger and want of the populace appears to be on the increase.

    To the political party stalwarts who are on trial for money laundering for distributing campaign funds made available to them by their party, they should weep not. Their real crime is their challenge for power and not the distribution of campaign funds which the entire political class, including the President’s party men freely engage in. They are only a metaphor for the entire political class which in my own opinion is on trial for what they are reputed for. Its all crass policy hypocrisy and Nigerians know it.

     

     

    Dr. West-Idahosa.

  • WHERE IS LOIUS ODION FROM?

    WHERE IS LOIUS ODION FROM?

    My attention has been drawn to the write up of one Loius Odion. I understand that he is a columnist with the Nation, but chose to use his privilege to vilify my person on the pretext of responding to my clarion call for the restablishment of the Benin political class. He accused me of ethnicization of the contest between Oyegun and Oshomhole for the post of the National Chairman. For God sake, we all belong to one ethnic group or the order and I have a duty to defend my tribe of origin against the overbearing influence of fortune seeking strangers tending to treat my ethnic group as a conquered territory. The points I raised in my said article were never really dealt with in his response.

    The bad news for Loius Odion is that my article was well received by the target audience and the renaissance has begun with various Benin groups gearing up to change the political narratives of the Benin people.

    Louis Odion tried hard to deride my person for no reason. Beyond the invective language used in his piece, he gave the impression that my write up was founded on imaginary malice against Oshomhole for failing to support my senatorial bid when I approached him for help in APC. Odion was dead wrong. I never sought a senatorial seat on the platform of APC. I did on the platform of PDP. In any case, Odion’s story confirms my call for Benin political renaissance. If indeed Oshomhole can influence how a senate seat is occupied in Benin province from Iyamoh, a village in Edo North Senatorial District, it is enough reason to justify the views I expressed publicly.

    The most shocking of what Odion wrote about is that he is a “conscientious Bini”. How is he a Benin man? It is true that the Benin heritage is proudly attractive and many, including Odion applaud this. That does not make Odion a Benin man. Those who knew him when he ran media errands for Chief Tony Anenih maintain that Odion claimed to have hailed from Ewu in Ishan land. Some of his professional colleagues have also revealed that Odion confided in them that his ancestral home is in Ondo State and they are prepared to bet on this.

    However, when he was to serve as a Commissioner midway into Oshomhole’s regime, he was transferred to a village called Odiguetue, a trading outlet between Edo and Ondo States. Odiguetue is a village in Ovia North East LGA , within Benin province in Edo State. This was after his rejection by Edo Central ACN leaders on the ground that he was not from Ozallah in Esan West LGA as he claimed. This development made it clear to all that his ancestry was difficult to trace. By this time, Hon. Orobosa Omo-Ojo had already been given the slot of Commissioner from the same LGA. In the end, that LGA had two Commissioners within the said period. One, a son of the soil and the other, a complete stranger. How then is Odion a Benin man? No blue blooded Benin man would have written what Odion wrote on his column against Chief Oyegun, irrespective of what drips into his mouth from the honey pot of his puppeteer.

    I may not be as educated as Odion, but I challenge him to a television debate on any topic of his choice in order to refute his innuendo about the composition of a stark illiterate or whatever he meant by that. I admire Odion’s hard work and how he developed himself from an office typist to what he is now. That is not a reason to disrespect others. Like Odion, I worked very hard for my Ph.D.

    I am a responsible family man with a wife and children and do not move around pepper-souping as Odion has insinuated. Above all, I am a serious minded person and not passion boy for any fellow man. I run a complete and disciplined home as a true Benin man. I do not lack the strength of character to publicly hold my views on contemporary political issues and those who know me can attest to this. Odion must learn to be humble with the pen and work hard to acquire the values that traditional African men are known for.

    Upon the completion of my tenure in the House, I returned to manage my law firm. I have a second address and therefore not a crass opportunist. I stand by my publicly expressed views on the need for the Benin People to resist Oshomhole’s over bearing political influence on the Benin majority in Edo State. I am confident that this would be achieved soon.

    I will not be deterred by the likes of Odion who think that a newspaper column is their preserve and they must use it at will to lampoon others for expressing rationale and pragmatic views that they do not agree with. Great columnists make their points without needlessly being scornful of the authors whose work, may have attracted their commentaries.

     

    Dr. Ehiogie West-Idahosa.

  • The disingenuous claim by the Buhari Media Organization

    The disingenuous claim by the Buhari Media Organization

    This is another attempt to deceive the people of Nigeria. It’s foolishness on the part of the Buhari Media Organization (BMO) to even claim anything Holy in it’s criticism of Atiku’s proposal.

    Verbatim, the former Vice President said, “on the restructuring of Nigeria’s oil and gas sector by result oriented and stepwise privatization of some aspects of the ailing sector to engender its vibrancy and enable it to stand solid as Nigeria’s major energy provision source”.

    So clearly, the former Vice President in his wisdom talked about means and ways of revitalizing the sector by privatization of “some aspects of its ailing”part.

    But of course, when these propagandist want to deceive people, they turn every word on its head to rubbish the substance of the whole story. Why not! when you consider a government that promised to reduce the pump price of petroleum but got to power and increased the pump price instead. Perhaps they think the people have forgotten, no we haven’t!

    How could they not misrepresent the former Vice President when this government cannot tell Nigerians for certain how much crude flows out of this country and how much it receives and how much it discloses to Nigerians. This is the most deceitful and malicious government in modern times.

    How does this government begin to talk of anti people policies! This is preposterous! This is a government that in all its ramifications is anti people both in words of deceit and by its action in raising the pump price contrary to its promise to reduce same.

    This government wants the status quo to remain only because it provides to them a source of illicit funds for their campaign.

    You know what! Another shall rise and the whole world would then appreciate the magnitude of the recklessness and decadence of this regime that has no respect to the rule of law.

     

    Neda Imasuen, Esq.

  • IN SUPPORT OF TY DANJUMA; A NATIONAL STATESMAN

    IN SUPPORT OF TY DANJUMA; A NATIONAL STATESMAN

    TY has benefited from Nigeria and he has a duty to keep it one. He said what we all know. The problem with most of his critics is partisan epilepsy which puts them in momentary fit whenever they are confronted with the truth. That is not patriotism. It is patrimolianism. Some of us were very critical of PDP misbehavior even as Members of the House of Representatives. It may have cost us principal officership, but we are alive by the grace of God to continue to speak truth to power. Party membership or affiliation is not a reason to endanger humanity with indecisiveness on security of lives and properties. Some of us have never witnessed what is now going on in this country in our adult lives.

     

    We heard of Tafawa Balewa. We saw Usman Shagari. We worked with Umaru Yaradua. They were northerners and Muslim. They may have had Fulani blood in them but their sense of national duty was exemplary. None of them would have tolerated this menace of some irresponsible heardsmen spreading terror to the ancestral land of others in a jet age. Rather than restrain them with decent and globally tested policies, the Government is overwhelmed with nepotic constraints and thereby preventing the avoidable deaths of thousands of innocent citizens.

     

    More than any government in our republican history, this government has been the slowest to act on matters that require urgent government attention. It cannot continue like this merely because a few privileged people have formed a vanguard of blame-him-not around President Buhari. They are definitely not helping Nigeria but themselves. Let me remind all such persons of the proverb that those who ride on the back of the tiger, end up in its stomach.

     

    Obasanjo wrote his 20 page letter of caution to the President. He was called names by the holier-than thou supporters of the President. Gen. Babaginda issued a press statement on the way forward. He was lampooned by the same band of economic and tribal clappers.

     

    Gen. TY Danjuma, more than these hallelujah brigade, contributed enormous personal resources to the campaign process of President Buhari over the years. He was the chairman of the President’s advisory group when the President assumed office. He mobilized support for the president across the length and breadth of the country. How would a man who made these contributions to the emergence of Buhari as president standby and watch the ship of State sink deeply without qualms? Danjuma is made of sterner stuff. He was a full blooded General in the Army and knows the difference between the Army they belonged to and today’s Army.

     

    Those casting aspersions on the eminent citizen have done nothing to help our country. They do not want anyone to stand up for Nigeria. They like the country as it is. They are fanning the embers of inefficiency, nepotism and insecurity in order to profit from the situation. How many of these champions drive on Nigerian roads form one part of the country to another? How many of them sleep in their houses without surrounding themselves with armed Police guards?

    The truth is that we are now more unsafe than we have ever been in Nigeria in Peace time. I give kudos to the Northern Elders who recently called a spade a spade by telling the nation that they would not vote anyone from their region who has not lived up to expectations. They know that all is not well with our country and are themselves worried about the state of affairs. We cannot say that the professional clappers love President Buhari more than Prof Ango Abdulahi, Hakeem Baba-Ahmed and their group of northern elders. The same group joined others to mobilize the country to vote against President Jonathan and usher in President Buhari in 2015.

     

    The simple message to Mr. President by all those who have cautioned him is that he is performing far below the expectations of most of our country men and women. Let the President listen to them and ignore the Buhari-does-no-wrong group. They would be the first to jump ship if the President doesn’t make it back to Aso Rock in 2019. I wish the President all the best.

     

    God bless Nigeria.

     

    Dr. Ehiogie West-Idahosa.

  • Right of reply Chief Mike Ayegbeni Oghiadomhe, CFR is still a full time member of Peoples Democratic Party (PDP)

    Right of reply Chief Mike Ayegbeni Oghiadomhe, CFR is still a full time member of Peoples Democratic Party (PDP)

    My attention has been drawn to a publication in the social media and to correct the misleading report by mischief makers of my exit from PDP to SDP.

    For the record, l was never part of any group where a decision was made of dumping PDP for SDP.

    To my great party PDP and millions of our members, no one has my mandate to determine or associate my name to any political party without my written consent.

    Whoever must have affiliated my name to any political party other than PDP does not have my mandate and this should be disregarded as handiwork of mischief makers.

    My membership and loyalty is to Peoples Democratic Party (PDP) alone which is my party of choice since its formation.

    Signed
    Chief Mike Ayegbeni Oghiadomhe, CFR

  • THAT UNBRIDLED REJECTION OF NECESSARY AUTONOMY BY EDO STATE HOUSE OF ASSEMBLY IS DANGEROUS TO DEMOCRACY

    THAT UNBRIDLED REJECTION OF NECESSARY AUTONOMY BY EDO STATE HOUSE OF ASSEMBLY IS DANGEROUS TO DEMOCRACY

    Edo State House of Assembly’s recent rejection of financial autonomy marks a new low ground in the on going legislative imperialism of State Assemblies in Nigeria. Executive expansion of dominance and exploitation of the weaker legislature has eroded the sense of placement inherent in the practice of separation of powers characteristic of modern democracy. The unequal exchange of perks of office has led to a final surrender of the power of the purse which is the strength and preserve of the legislature worldwide, by Edo State House of Assembly.

     

    In return, the lawmakers get aids in kind or cash, a few foreign trips and guarantee of second term Party tickets. But what would this mean against the loss of the innate right of the legislature to check the Executive from misusing public funds appropriated for public good? The answer is discernible.

     

    Who will deal with the debt burden of Edo State which has reached astronomical levels? The State’s scarce resources from internally generated revenue borne by the poor man and woman on the streets and federal allocations would end up servicing the huge debt without a wimp from the law makers whose autonomy has been voluntarily mortgaged at the risk of jeopardizing the balance of power in the State.

     

    Plunder of State resources, tax abuses, poverty, wide spread unemployment, disease, maladministration and a host of anomalies would become the cynosure of this new wave of legislative imperialism. The Assembly must save itself this embarrassment by reviewing their decision. A motion ought to be tabled to review that decision and vote on the side of sustainable democracy for the sake of the generations of Edo people alive and those yet unborn. Anything short of this, would entitle the present members of that House to an unenviable space in the political museum of infamy.

     

    The legendary Jimmy Cliff once sang about a hard to travel and a long way to go. I hope Edo State is not yet
    there.

     

    Dr. West-Idahosa (Nigerian lawyer and policy analyst)

  • NIGERIA’S RECENT POOR CORRUPTION RATING BY TRANSPARENCY INTERNATIONAL VINDICATES THE CLAIM OF MANY THAT THERE IS GROWING CORRUPTION IN NIGERIA;

    NIGERIA’S RECENT POOR CORRUPTION RATING BY TRANSPARENCY INTERNATIONAL VINDICATES THE CLAIM OF MANY THAT THERE IS GROWING CORRUPTION IN NIGERIA;

    Confirmation from the Sultan of Sokoto who is a very conservative religious/ traditional ruler that there is still high level of corruption in Nigeria and the recent poor ranking of Nigeria on the world’s corruption perception index by Transparency International, vindicate those who have persistently argued that corruption in Nigeria merely went underground and became more audacious.

    The civil service and many public institutions are experiencing the highest level of nepotism and wanton embezzlement. Some public servants preside over the award of contracts to themselves through their surrogates and have deeply limited the openness that is expected from such processes. A number of public servants are taking refuge in an unelected powerful cabal to inflict damage on the integrity of this government. The pain of it all is that the elected government still has so much confidence in a warped bureaucracy.

    A great number of political appointees have not helped matters at all. Leading the pack is the serving Attorney General. What a pity that President Buhari can stick with this man of the many competent and forthright lawyers available to pick from in this country. The AG must read the mood of the nation with respect to fighting corruption. The public wants this fight to be sustained on the basis of substantial justice. They way don’t want a fight based on technicalities. They want to see that those let off the hook are truly innocent and the guilty ones are behind bars. This desire is based on the renewed public awareness that the real people who have afflicted them with poverty are those who stole their common wealth, but move around the country as free men flaunting their ill gotten wealth.

    How can a government that takes the likes of Amaechi seriously be taken seriously by the rest of humanity. Who were those in PDP that caused that Party credibility problems? Were they from Jupiter? Most of those men and women are right in bed with this regime. It is not surprising that they are gradually afflicting the government with their moral leprosy.

    Buhari’s supporters are intolerant of criticism and hail the old man as infallible, but his inability to be promptly decisive on corruption matters surrounding his lieutenants may rob him of his place in history. For a man who rode to power on the fight against corruption, to have the country remain in the worst ranking on corruption in recent times by an International Organization with global neutrality is ironical of his journey to Aso rock.

    The government cannot run away from this rating or dismiss same as wailing by haters as they normally do. They must take it seriously. Each time they get a boost on improving the economy from figures by less endowed agencies, they celebrate it via formal and social media. They must accept this rating and work to improve it. They cannot approbate and reprobate about international rating agencies by picking and choosing which one to accept. Such discretion would be poor and laughable.

    This is a warning shot to the government. They must heed the call and do the needful. Time is running out.

    Dr. West-Idahosa.
    ( A Nigerian based lawyer and policy analyst)

  • BUHARI’S GOVERNMENT IS SUBSIDIZING FUEL? CAN THIS BE TRUE?

    BUHARI’S GOVERNMENT IS SUBSIDIZING FUEL? CAN THIS BE TRUE?

    Words coming out from the relevant Senate Committee looking into the recent scarcity of fuel nation wide maintain that the Minister of State for Petroleum Resources claims that fuel (PMS) is being subsidized at 145 naira per liter. This is quite strange from a government that fought fuel subsidy as an opposition party.

    At the time Nigerians were enjoying the price of 87 naira per liter of PMS, due to government subsidy, this government (then in opposition) came up with the theory that subsidy was an outlet for stealing public funds by political and petrol industry operators. They claimed to have withdrawn it and put the price at 145 naira per liter, with the impression given that the price adjustment would be the final bye-bye to fuel scarcity. They painted the picture that the new price would enable importers to freely import products and promote competition in the industry. They celebrated this feat widely in advance. Many embraced the forlorn hope.

    Two and a half years down the line, the story has changed. Now, petrol is landing at 171 naira and that 145 naira per liter is no longer sustainable. The government has even added that NNPC has been subsidizing the cost of a liter of PMS with 26 naira due to the increase in the cost of forex. What a policy somersault.

    Let me ask the government the following questions;

    1. What made subsidy questionable under the previous regime that makes it correct under Buhari? Is this not the definition of hypocrisy?

    2. Whose duty is it to stabilize the exchange rate and work to bring it to acceptable limits?

    3. Why does the government think that the cost of fuel must become reserved for the rich only? At 145 naira, many cannot fill their petrol tanks. They buy in small quantities.

    4. Does the present hardship of our countrymen and women give joy to the Buhari government?

    5. What has happened to the promise of rehabilitation of existing refineries to reduce importation of petrol products?

    6. What has happened to the promise of building more refineries if the government was elected vide APC?

    7. Where is the congruence between words and action as promised?

    It is now clear that the public has been hoodwinked into believing that that this government had the capacity to turn water into fuel and make it abundant at an affordable price. The public now knows it was a mirage. Time will tell whether the public has learnt any lesson from this or whether they would be susceptible to another round of delusive opium. In all of this, this government owes the previous regime some apology for demonizing it over a policy that they now openly operate.

    Dr. West-Idahosa

  • CAN OTHER GOVERNMENT AGENCIES TRY JUDICIAL OFFICERS FOR ANY FORM OF MISCONDUCT?

    CAN OTHER GOVERNMENT AGENCIES TRY JUDICIAL OFFICERS FOR ANY FORM OF MISCONDUCT?

    Section 153 of the 1999 constitution provides for the establishment of the National Judicial council (NJC). The functions of NJC are set out in paragraphs b & d of Item 21 of the Third Schedule to the Constitution and includes the exercise of disciplinary control over judicial officers. This is the umbrella upon which the NJC frequently subjects judicial officers to disciplinary processes which may lead to reprimand, suspension, freeze of promotion or dismissal in some cases. However, section 158 of the same constitution does not allow the NJC’s activities to be subject to the control or direction of any other authority or person.

     

    NJC’s 2014 Judicial Discipline Regulations describes misconduct as one prejudicial to effective and expeditious administration of the business of the courts or any conduct described as misconduct in the Constitution and Code of Conduct of judicial officers.

     

    Part 1 of the Fifth Schedule of the Constitution provides for the Code of Conduct of public officers. Paragraphs 6 & 8 prohibits public officers from receiving gifts for something done or undone in the discharge of his duties and no one is entitled to bribe them to discharge their duties. Public officers covered by the said Code of Conduct includes all judicial officers as contained in part 2 of the Fifth Schedule to the Constitution. The Code of Conduct Tribunal is set up to punish those in breach of any of the provisions of such code.

     

    Apparently, flowing from its disciplinary powers, NJC is positioned to deal with a breach of the Code of Conduct by judicial officers arising from their job. One of such is bribery in any form. Since the Constitution vests the power to discipline judicial officers on both the NJC or Code of Conduct Tribunal, either of them can exercise this power over serving judges, although it appears more convenient for NJC to do so on account if its greater preparedness for such activities.

     

    Allegations bothering on bribery of judicial officers flow from the discharge of their duties. They are not ordinary crimes. They bother on breaches of the code of conduct and oath of office contained in the constitution. They have to be dealt with in accordance with the method prescribed by the constitution.

     

    It does not mean that a judicial officer duly dealt with according to law and dismissed cannot be prosecuted by appropriate authorities for the crime of bribery under our criminal justice system. Judicial misconduct is sue generis and being in a class of its own, cannot be treated like any other crime. This is not peculiar to Nigeria. Some countries even have the The Court of the Judiciary where such matters are dealt with. The state of Tennessee in the US has such a court for dealing with judicial misconduct. In Canada, the the court of the judiciary investigates allegations of misconduct and recommends to parliarment, which has the ultimate power of removal as discipline.

     

    There is no doubt that the dominance of judges in NJC may lead to a perception that judges are getting off. This can have an adverse effect on public opinion confidence. Notwithstanding this,
    many judges have been nailed by NJC. The most important thing is for victims of judicial misconduct to have the courage to send petitions to the appropriate body and be guaranteed that they would not be victimized directly or otherwise by the judicial system.

    This is a personal opinion.

     

    Dr. Ehiogie West-Idahosa.