By Jimitota Onoyume
THE 56TH annual general conference of the Nigerian Bar Association, NBA, which ended, last week, in Port Harcourt, Rivers State was characterised by frank talk aimed at building a stronger and more efficient Nigerian system. Out-gone National President of the body, Mr Austin Alegeh, SAN, set the ball rolling in his address at the opening ceremony, when he charged the Federal Government to fight corruption within the ambit of the law.
Alegeh, who was applauded as he spoke, noted that the NBA would not encourage any setting where recovered looted funds from Mr A in the anti graft war was given to Mr B, stressing that the professional body will support every credible move against corruption in the country within the context of the law.
He also took a swipe at the Independent National Electoral Commission, INEC, for its inability to conclude most elections. He described conflicting judgments from Federal High Courts as very embarrassing to the judiciary, urging the National Judicial Council, NJC and the Chief Justice of Nigeria, CJN to save the judiciary from further embarrassment.
Alegeh also lashed out at the National Human Rights Commission, NHRC, for seemingly abandoning its role to take up the functions of other federal agencies, stressing that the commission should focus on rights issues and leave other issues to agencies saddled with such responsibilities.
He urged the Attorney General of the Federation to clearly define the functions of federal agencies to guide against one assuming the responsibility of the other.
Wike cries out for justice
Rivers State Governor, Mr Nyesom Wike, a lawyer and chairman of the Local Organising Committee, LOC of the conference, spoke extensively on what he perceived to be abuse of power in the nation’s democracy.
While he lamented Police and Department of State Services, DSS, occupation of initial venue of the national convention of his Peoples Democratic Party, PDP, convention venue in Port Harcourt, the governor said that the actions of the security agencies were a violation of the tenets of popular democracy.
He decried moves by INEC, to declare result for Tai Local Government Area, one of the councils in the state for the last March rerun election, saying it was political robbery since according to him, election did not hold in the area alongside some other places.
Wike recalled that INEC issued a statement cancelling the election that same day, only for it to announce about five months after that it had result for an exercise that did not hold. He pleaded with NBA to stand in defence of the nation’s democracy, stressing that the body should not continue to remain docile on matters threatening democratic governance in the country.
Exciting sessions
There were exciting sessions with interesting topics discussed by speakers and panelists at the conference. At one of the sessions with the topic The role of the Legislator and Executive in the budgetting process, Minister of Works, Power and Housing, Mr Babatunde Fashola, SAN, said it was inappropriate for legislature to raise budget since it had no powers to collect taxes.
He called for collaboration between the executive and parliament in the budgeting process, adding that each of the parties should stick to its rights in the collaboration.
On constituency projects, he said that lawmakers should ensure they nominated project of interest in their constituencies, noting that this would guarantee continuity of the projects even if they did not return to the house. He said there were about 200 constituency projects in his ministries uncompleted yet lawmakers were coming up with new ones. He said he had to insist that the old ones should be given attention first.
Former Deputy Speaker of the House of Representatives, Chief Chibudom Nwuche, on his part, called for a joint Budget Office of the executive and the legislature in developing budgets, noting that this will save the system of frictions.
He also agreed with Fashola that constituency projects should satisfy the common good. Special Adviser to President Muhammadu Buhari on Legislative Matters, Senator Eta Enang, called on the legislature to return to the best practice of exhausting all budget process in the House, adding that leaving the details to committee stages was partly responsible for problems so far witnessed with budgeting processes.
According to him, the challenges with the budgeting process in the country since 1999 had been that after the Senate and the House of Representatives had passed the bill they pass them over to the legal department for what he termed “ legal draftsman perfect legislative draft,” an act he said was inconsistent with the provisions of the law because at this stage, some things that were not reflected in the votes and proceedings of the House on the bill would be brought into the bill by the legal department.
He maintained that only the Clerk to the National Assembly or the state House of Assembly should append his or her signature to documents leaving the confines of the House. Mr Eze Nyekwere, a civil rights activist, on his part called for collaboration between the executive and the judiciary in the budgeting process to avoid friction.
At another session tagged, Conversation with the Acting Inspector General of Police, Mr Ibrahim Idris, the IG who was represented by the Deputy Inspector General of Police in charge of Operations, Mr Hycent Dagala, said that the Police was doing everything possible to wipe out kidnapping, terrorism and other related crimes in the country with scientific based intelligence gathering. He also spoke of the restructuring he introduced in the Police to enhance operations.
Some of the panelists said there was urgent need for the Police Act to be reviewed to conform with modern day Nigeria. They said a situation where the Act was still reflecting things like Gongola State that was no longer in existence shows the urgent need for the review.
Also at a session , the Attorney-General and Commissioner of Justice, Borno State, Kaka Shehu Lawan, accused former governor of his state, Alhaji Ali Modu Sherif of being responsible for the growth of the dreaded Islamic terrorist group, Boko Haram, saying that he should be arrested and prosecuted.
He said that the arrest of Sherif over his alleged role in the emergence of Boko Haram will assuage the feelings of millions that have been dislocated by the terrorist actions of the dreaded Islamic group in one way or the other. The Attorney-General and Commissioner of Justice, Lawan alleged that Sherif, who was a former governor of Borno State for two terms, allegedly encouraged spread of the Islamic terrorist group.
Lawyers involved in law school examination scandal
It was a sad moment at the conference at the point the Director General of the Nigerian Law School, Professor Olanrewaju Onadeko, told the conferees that some lawyers were caught recently writing exams for students at the law school.
The former President, Mr Alegeh said such act was a threat to the beauty of law profession in the country, saying that the NBA will not hold back the sledge hammer on anyone caught and brought to its attention.
Mahmoud, SAN, sworn-in
Out gone president, Mr Alegeh administered the oath of office on his successor, Mr Abubakar Mahmoud, SAN. In his inaugural address, Mahmoud called for removal of the responsibility of prosecution from the mandate of the Economic and Financial Crimes Commission, EFCC.
He said it was necessary to narrow and define clearly the mandate of the anti graft agency, adding that the focus of the EFCC should be largely to investigate allegations of financial crime. He said independent prosecution agency should be left to handle prosecution of suspects, adding that the EFCC should be protected from undue political interference.
Mahmoud said the NBA under his watch will fight judicial corruption, stressing that his tenure will make the judiciary unattractive for corrupt lawyers.
Lawyers’ comments on conference
Lawyers participated actively in the various sessions. Some who spoke to Vanguard Law and Human Rights, commended the Police for security around the venue of the conference. Despite the success, there were some hitches. Lawyers grumbled that several days into the conference, they were yet to get the conference bags containing details of the conference.
It was at the closing ceremony that ushers came distributing the booklet containing programme of the event. Some of the lawyers also said they were not fed despite the money they paid for registration.
There were few occasions when ushers came into the main hall at Civic Centre to distribute take-away meals but this could hardly go round, a situation that further aggravated protest in the hall. Journalists hardly got materials to report the conference.
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