‘Separating Attorney General from Minister of Justice will lead to conflict’

The NBA has a new national executive. What is your take on the election?Elections have come and gone. Though I was not a delegate, but I perceive that was generally good irrespective of some opinions. There are suggestions that the NBA elections are not democratic because of zoning of offices and use of delegates as […]

The NBA has a new national executive. What is your take on the election?
Elections have come and gone. Though I was not a delegate, but I perceive that was generally good irrespective of some opinions.
There are suggestions that the NBA elections are not democratic because of zoning of offices and use of delegates as eligible voters?
Government is for the interest of the people. If you think that zoning is what will make the leadership in NBA peaceful and all-embracing then there is nothing wrong with that. I don’t think it is undemocratic.
On the issue of delegates system, it doesn’t make the election undemocratic. People represented my branch, so they are bearers of our mandate. So if you delegate somebody to represent you, it is assumed that you also participated in that election.
That is not to say that it is not better if all lawyers participate in the voting. But a system has to be carefully put in place in the future for lawyers to vote electronically after they show their identity cards and practicing fee receipts, because it will be very rigorous for all the lawyers to gather in a place for the election.
What are your expectations from the incoming administration?
The new president Augustine Alegeh (SAN) is a senior member of the Bar with a lot of respect.  And he has made a lot of promises such as re-engineering the welfare of young lawyers, the criminal justice reforms and other promises. But let me say that all the contestants from Funke Adekoya (SAN), Dele Adesina (SAN), Adeniyi Akintola and Osas Erhabor are all qualified and capable to leading the Bar going by their manifestoes. It could have been any of them; but it is like a football contest, a winner must emerge at the end of the day. But after election, it is better that everybody forget the rivalries of the campaign and look forward for the Bar.
Personally, looking at the campaign promises, you doubt if these are things that can be achieved within two years. For me I think two years is too short and there is no provision for second term. Except the candidate restricts himself to one or two-point agenda. I would suggest three years to give room for people to achieve their electoral promises.
Talking about tenure, do you think the outgoing President Okey Wali (SAN) lived up to his promises?
He lived up to expectations and did his best.
The increase in lawyers’ fees and the non-attendance of the NBA to the National Conference has been described as a minus for his tenure of office?
I do not think that just because of the increase in practicing fees or that some people went to court to challenge it, one should rubbish someone’s administration. We should look beyond that to the tangible achievements.
Do you know how many lawyers are at the National Conference including SANs? So the fact that NBA as a body did not go to the conference has not reduced anything from it or the NBA.
What is your take on the ongoing industrial action by JUSUN over judicial autonomy?
I am not opposed to any legitimate way of workers pressing home their demands neither can we cry foul particularly on a sensitive issue like the independence of the judiciary. Even as a layman, you understand that there are three arms of government: Executive, Judiciary and Legislature. They are each supposed to be autonomous. For one reason or the other, the judiciary has been the most criticized about the delay in justice, prison congestion, corruption, etc. But if you look at it, what is the budget of the judiciary and are they getting what is meant for them?
I agree that there could be other ways of pressing these demands, but if these workers feel strike is the way to draw the attention of government to enforce the autonomy so be it. It is absolutely right for the judiciary to be autonomous as we will all be better off with that. In any country, if you get the judiciary and the police right, every other thing will fall in place.
What is your take on the fight against corruption in the country going by the plea bargain?
It is going on well. Plea bargain is legal. In any anti-corruption case, there must be a reason to say ‘let us have a give-and-take-situation.’ This government has tried and the fight is an ongoing one. The process is intertwined; as I have said earlier, if all the relevant arms are independent, they can hold officials accountable.
Do you think the office of the Attorney General of the Federation should be separated from that of the Ministry of Justice to give bite to the anti-corruption war?
No, I don’t think so. It is unnecessary duplication of functions. I am not just concerned about saving costs, what will their functions be? There will be conflict of roles. What will the directors in both ministries be doing? For instance, you have the Director of Civil Litigations and state counsels, what will they be doing in the two ministries. And you have to also amend the constitution. So for me, it will not work because I don’t see the need to amend the constitution just for that.
What is your take on the gale of impeachments sweeping across the country?
That is the beauty of democracy. If you have no way of calling an elected official to order, then such a person would have absolute power. And absolute power corrupts absolutely. Nobody is above the law whether the president or the governors. What I like is that people are becoming aware of their rights. Impeachment is a constitutional provision; section 188 (i) empowers the assembly to remove a governor and or his deputy if guilty of gross misconduct. There is a political angle to it in  188 (ii) where the constitution permits the assembly to have its own opinion of what amounts to misconduct and once the procedure is rightly obtained, there is nothing anybody can do about it. Section 188 (10) even ousts the jurisdiction of the courts to inquire into the proceedings.
What is your take on the registration and deportation of non-indigenes in states within the country which was halted by the president?
 It is a sensitive issue. I think that something led to this. It was not so ten years ago. I think the exercise did not violate section iv of the constitution simpliciter; it is actually a proactive defensive mechanism which has been foisted by the insecurity and criminality in the country. Again, the failure of the system to provide accurate record of citizens and means of identification of nationals has led to this mutual distrust in the country. It is good that the president intervened, we need healing in this country.