Thursday, September 2, 2010

Saturday, May 23, 2009

Ekiti electoral probe panel is diversionary, unnecessary’

THE Nigerian Bar Association (NBA) has described as diversionary and unnecessary, the probe panel recently set up by President Umaru Yar’Adua to probe electoral and other irregularities in the election rerun in Ekiti State. Rather the NBA accused the President of treating the form rather than substance.
In a communique issued at the end of its National Executive Committee (NEC) meeting at Dankani Guest Palace at Dankani Garba Road, Sokoto, and signed by the National Publicity Secretary, Murtala Abdul-Rasheed, the NBA restated its call for the full probe and revelation of those involved in the Halliburton scam in the interest of good governance. The NEC viewed as diversionary, the decision of the Federal Attorney-General and Minister of Justice to constitute a legal team to sue for defamation of the Federal Republic of Nigeria instead of facing the real issue. It called on him to recognise his position as the official leader of the Bar in Nigeria and desist from constituting a clog in the wheel of the crusade against corruption, which has not only demystified the office of the Attorney-General, but has embarrassed the entire Bar.
The NEC also decried the corruption & malpractices inherent in the so-called Prison decongestion briefs at the Federal Ministry of Justice and calls on the Attorney-General of the Federation to put his own house in order.
The NBA noted that the committee recently set up by President Umaru Musa Yar’Adua to probe electoral and other irregularities in the election rerun in Ekiti State is diversionary and unnecessary and concluded that this will serve no useful purpose. The security apparatus, the NBA said, should be allowed to carry out their lawful duties in the arrest and prosecution of the perpetrators of the crimes in the face of the glaring and self-evident crimes committed during the said rerun.
The NEC therefore called on the President to cease from political interference amounting to a form of gerrymandering and allow the prosecution of offenders. NEC calls on the National Assembly to ensure the adoption of the Justice Muhammadu Lawal Uwais electoral report as a lasting and progressive bulwark against the kind of abuses seen in Ekiti State governorship rerun.
On conflicting decisions of the court of appeal; The NBA continued to view as troubling, the inconsistencies in the decisions of the various divisions of the Court of Appeal, particularly, but not limited to Ibadan, Benin City and Abuja on electoral disputes and called on the Honourable Justices of the Court of Appeal to be abreast with decisions from other divisions before making pronouncements ,so as to avoid eroding the confidence of the public in the judiciary.
On kidnapping and general insecurity in the country; The NBA condemned the rising spate of kidnapping and general insecurity in the country and attributes same to the failure of government in the area of providing employment opportunities for the youths of this country. The NBA also frowned at the hurried passage of bills in various States introducing the death penalty for kidnapping and notes that this has a potential of hardening the kidnappers to kill their victims. In this regard, NBA called on the various State governments to take a second look on death sentence for kidnapping.
Speaking on State Police, The NBA viewed with great concern the rising spate of insecurity and agreed with the United Nations’ prescription of One Million Policemen for a population of One Hundred and Forty Million Nigerians and observed that the imperative of States’ Police has become increasingly inevitable in Nigeria to supplement and complement the Federal Police.
Also the NBA was terribly disturbed about the general failure in governance orchestrated by decay in infrastructure particularly Federal roads. NEC calls on the newly constituted FERMA board to awaken to the task of rehabilitating Federal roads. Other areas of infrastructural failure of note are the Power and Education sectors.
The NEC called on the Federal government to tell the nation the truth about the lingering and shameful fuel scarcity and further calls on President Umaru Musa Yar’Adua to show statesmanship by lifting the veil on the so-called cartel behind the fuel crisis.
NEC also resolved to use its disciplinary apparatus upon petitions from aggrieved members, to henceforth discipline its members in the Police, INEC, EFCC, Ministries and departmental agencies who, acting in unethical and unprofessional manner, aid and abet breaches of the Rule of Law.
The NBA also objected to the demystification of the Judiciary by the new convention of asking persons to apply for appointment as judicial officers. NEC therefore urged a return to the convention of identification of suitable persons for appointment to the judiciary. In this regard, NEC reemphasised the imperative of strengthening the judiciary by making direct appointments from the Bar to the Appeal and the Supreme Courts.
On the issue of Orderlies for judges, the NEC viewed with increasing incredulity the selective implementation of the Federal Executive Council removing Police orderlies from Judges and resolved that our branches should withdraw their services from the courts ad infinitum in States where the directive is implemented.
On the Kwara State Chief Judge, NEC commended the unparalleled heroism exhibited by the Ilorin Branch of the Association in defence of the Rule of Law and upholding the integrity and independence of the Judiciary not to mention deserved respect for the Bar. NEC however noted the removed Chief Judges’ rights to ventilate her grievances in court and urged all the parties involved in the Ilorin situation not to do anything tantamounting to foisting a fait accompli on the courts.
On pro bono human rights declaration: NEC ratified the pro bono declaration as presented by the NBA Human Rights Institute and made imperative, the handling of pro bono cases by members of the Bar. NEC also approved the Rule of Law Action Group and NBA Human Rights Institute’s proposed summits.
Inclusivity and zoning of nba offices: NEC adopted the report of the Alhaji Abdullahi Ibrahim (CON; SAN) committee on inclusivity and zoning of NBA offices and stepped down discussion on the matter to the next NEC in July 2009 at Port-Harcourt to give all branches opportunity to consider and make input into the far-reaching and fundamental changes proposed by the committee.
On nba 2009 annual general conference: NEC adopted the proposal of the Conference Planning Committee to hold the conference from August 17 – 21, at Lagos in deference to Ramadan fast which will be commencing during the usual conference week, the last week of August 2009. NEC approved the theme of the conference which is: Underdeveloped nations, failed economies and the future of the legal profession; on nba nominees into the National Judicial Council.
NEC reaffirms its earlier decision at Oshogbo NEC that automatic reappointment of NBA nominees into the National Judicial Council (NJC) by the Chief Justice of Nigeria for a further term of two years without the input of NEC-NBA contradicts the Constitution of the Federal Republic. NEC however for the last time mandated the National Officers of the NBA to constructively dialogue with the Honourable Chief Justice of the Federation failing which, the Legal action commenced by the NBA should proceed in full throttle. Finally, NEC reasserted that it is a matter of honour and respect for the Bar for the three members of the Bar, whose appointments were effected for a further term of two years without approval of the Bar to step aside having been sent to the NJC originally by the Bar.
NEC acknowledges and expresses its gratitude to the Executive Governor of Sokoto State Alhaji Aliyu Magatakarda Wamakko, for the unparalleled support of his government towards the successful hosting of the meeting and notes with delight his full involvement in the organisation, execution and participation in all the events. NEC also expressed its gratitude to the Sultan of Sokoto Alhaji Muhammad Sa’ad Abubakar III (CFR; mni) and the Sultanate Council for hosting the Bar to a lunch treat and reception in his palace.

Tuesday, April 15, 2008

One must learn to love oneself before one can learn to love others.

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