Features
Nigeria’s Legal System And Its Challenges
The 2015 annual conference/lecture of the St. Paul’s Cathedral, Diobu, Port Harcourt which held recently focused on how the Nigerian legal system can be a source of hope and truly to the common man. It was centered on the menace of justice, corruption and continued dependence of the system on government.
Eminent legal luminaries as well as clergies and laities delivered lectures and speeches at the event which also marked the remembrance of the first African Anglican Bishop, Ajayi Crowther.
Among those who delivered lectures at the auspicious occasion were Sir Granville I. Abibo, SAN; Barrister Rosemary Inko-Dokubo, Barrister Florence Haminala represented by Barrister D. Dan-Jumbo, Ven. Chimela Samuel, Most Rev. (Dr) Ignatius C. O. Kattey and the Cathedral Archdeacon, Ven. John C. Adubasim.
Infact, for the church to draw a progressive analogy of the Nigerian Legal System clearly shows that there is indeed a problem. And for the St. Paul’s Cathedral to have chosen to focus this year’s event on Nigeria’s legal system means that the government needs to take an aggressive look into the system.
Sir Granville Abibo, a Senior Advocate of Nigeria (SAN) in his paper titled “The Nigerian Legal System and Endemic Corruption” said eradicating corruption completely may be a herculean task but could be achieved if a legal system that adheres to high standards of independence, impartiality, integrity and accountability is put in place. He noted that it is the direct duty of the judiciary to direct society to the attainment of truth and justice but that path of justice and truth is shrewn with the hydra-headed problems of corruption and the interference of the government of the day in the judicial system of the country.
The SAN insisted that the troubling legacies of corruption, executive control and manipulation of the judiciary continued to undermine the ability of the courts to effectively secure truth and justice. “These legacies create major obstacles to a fair trial in Nigeria. To this end, honest and impartial decision making, which is vital to the credibility of the judiciary, is relatively on the decline.”
He identified the attitude of politicians who pay lip service to the independence of the judiciary so that it cannot play its constitutional role effectively as another obstacle to the attainment of truth and justice in Nigeria. Citing Section 17(2) (e) of the Constitution which provides that the independence, impartiality and integrity of the courts of law and easy accessibility thereto shall be secured and maintained. Section 121(3) of the constitution, he added, provides that “any amount standing to the credit of the judiciary in the consolidated revenue fund of the state shall be paid directly to the heads of courts concerned.” These provisions have been complied with more in the breach.
Only recently, these provisions which received judicial pronouncement resulted in strike actions in various states in the country and it is still continuing in some states. The judiciary in Nigeria has not attained the independence required to enable it achieve justice and truth with inhibitions. It is still seen as under the appendage or apron string of the executive.
The manner of appointments of judges and magistrates as well as the absence of financial autonomy in the true sense of it have raise the recurring question as to whether the independence of the judiciary is a myth or reality, and whether the constitutional provisions which guarantee the independence of the judiciary is no more than a slogan in Nigeria.
These problems, according to Sir Abibo, have made it difficult, if not almost impossible, for citizens to realize the constitutional guarantee of justice which the judiciary ought to protect. As hydra-headed as the corruption malaise may be, with an independent and incorruptible judiciary, justice and truth can still be achieved because as he put it, “where there is a will, there can be a way.” As a matter of fact, corruption which is in all facets of our society and in our daily lives is a major obstacle to the attainment of justice and truth in any given legal system just as it is unavoidable a global and social phenomenon.
In the Nigerian legal system, the menace of corruption has engulfed our governance to a large extent. The legal system of this nation can be propelled to ultimately achieve justice and truth when things that can make the system function optimally are put in place. Sustained judicial reforms as is on-going presently in Ghana and the weeding of corrupt judges and magistrates from the courts will pave way to attainment of justice and truth as it is said that “a corrupt judge in society is worse than an armed robber.”
In her paper still on the Nigerian Legal System, Barrister Rosemary Inko-Dokubo disclosed that the Nigerian legal system is based on the English Common Law and legal tradition by virtue of colonization and the attendant incidence of reception of English law through the process of legal transplant. The English law, she said, has a tremendous influence on the Nigerian law, citing section 45(1) of the Interpretation Act which provides that the common law of England and the doctrines of equity and the statutes of general application which were in force in England on January 1, 1900 are applicable in Nigeria, only in so far as local jurisdiction and circumstances shall permit.
She defined corruption as the abuse of bestowed power or position to acquire a personal benefit, pointing out that corruption may include many activities including bribery and embezzlement of funds. Government or political corruption occurs when an office holder or other governmental employee acts in an official capacity for personal gain.
Quoting an economist, Ian Senior, corruption is an action to secretly provide a good or a service to a third party so that he or she can influence certain actions which benefit the corrupt agent has authority. Daniel Kaufmann of the World Bank expanded the concept to include ‘legal corruption’ in which power is abused within the confines of the law – as those with power often have the ability to make laws for their protection.
In Nigerian constitution, this is called the immunity clause.
Barrister Inko-Dokubo classified corruption as petty, grand and judicial corruption. Petty corruption occurs at a small scale and takes place at the implementation end of public services when public officials meet the public; for example, the exchange of small improper gifts or use of personal connections to obtain favour. Grand corruption is defined as occurring at the highest levels of government in a way that requires significant subversion of the political, legal and economic systems. Such corruption is commonly found in countries with authoritarian or dictatorial governments but also in those without adequate policing of corruption.
Judicial corruption refers to that related to misconduct of judges and magistrates through receiving or giving bribes, improper sentencing of convicted criminals, bias in the hearing and judgement of arguments and other such misconduct. Judicial corruption emanates from the system of appointment of judges where the governor or president of a state or country appoints and the judge will not have the will to refuse any request made to him by the governor or president. This is a matter of he who pays the piper dictates the tune.
In his keynote address, Bishop Ignatius Kattey described ‘legal’ as anything done according to the ‘law’, which takes different forms and issued by the legislature or common decisions from the courts. When a law is in a statutory form, it tends to be prescriptive and detailed as against the descriptive, which has to do with the law of nature. Prescriptive laws are civil and criminal law which is concerned with law as a system of rules that tends to order human behavior.
While criminal law deals with crimes or offences, which act through the police, court penal system and prosecutes and penalises offenders, the civil law governs the relation of persons to each other, provides solutions through compensation, enforcement and restraint. By Bishop Kattey’s interpretation or concept, the law, with respect to the legal system, is an institution that is established for the good of humanity. This, according to him, buttresses the fact that our legal system should be accorded respect as a hope not the last hope of the common man.
He quoted Robert Egbe as saying “our problem is actually the will power to implement the laws even as enacted. Enforcement is difficult and as long as we don’t enforce our laws, even if we make death the penalty for corruption, you will find out that the institutions will not even apply it.” Yisa Eneyramoh, a writer of law and society also argued that corruption in the judiciary cannot be wiped out until all hands are on deck. “Contrary to the much talked about corruption in the Nigerian judiciary, only 64 out of the 1,020 judges serving in the Supreme Court have so far been punished by the National Judicial Council (NJC) for various offences bordering on corruption between 2009 and 2014.”
According to Eneyramoh, “corruption in the judiciary cannot abate unless and until the Federal Government stops regarding such criminality as the family affair or a private matter for the judiciary.” Said Kattey: “As a church, we desire to play our role in harassing the integrity of the Nigerian Legal system rather than condemn this institution, and to derive and proactively add an inspiration to our members who work in this capacity; and to the nation at large that the Nigerian legal system can be a veritable tool to human and societal development. But this can only be made possible when we take a leap to promoting truth, justice and learning to adopt “the benefit of doubt syndrome.”
Barrister Florence Haminala said it is possible to deliver judgement against a case that involves the government but noted it was a dangerous decision unless the judge would be prepared to write his will. The society must rise up and condemn the ills in the country’s legal system, she stressed.
For the Nigerian legal system to function effectively and dispense justice and truth in the courts there is need for transparent appointment process for judges and magistrates, merit and competency, rather than ethnicity taking a centre stage, Care must be taken to appoint vibrant, competent persons of integrity and competent judicial officials to the bench. According to Charles Hungles: “An honest, high minded, able and fearless judge is the most valuable servant of democracy, for he illuminates justice as he interprets and applies the law.” Corrupt judges must be wiped out of the system.
From the fore going, the fight against drug trafficking should be treated as an international challenge with open collaboration, if the world leadership must win the fight!.
The circumstances or should I say the improvement on drug related activities are modifying and updating on daily basis. A close friend of mine in the United States of America who recently visited Jamaica, came with a lot of complicated information about drug trafficking and transaction. Being a qualified Nurse in US and on a visit to the Reggae Country (Jamaica), she said she was put aback when a man approached her and introduced himself as a Pharmacist. According to her, she immediately picked interest due to her professional background. To her, a business partner is birthed. But she was shocked to the narrows on learning that drug dealers or traffickers and subriquited Pharmacist in that Country. From her account, they ( The Jamaican Pharmacists), are the first set to people to meet and greet you at the Airport. No government or authority challenges them in the open due to the sophisticated nature of their transportation
Come to think of it, who would want to attack a Pharmacist on duty? Nigerians are not left out in the improvement on drug deal. A chat with a confident in the National Drug Law Enforcement Agency ( NDLEA) Rivers State Command, so revealed. The Officer draw my attention to the movement of Dispatch Riders. He said part of the reasons they ride with almost speed equivalent of the thunder lightning, is to meet up with the appointment of delivering hard drug consignment to a client of theirs. According to him, those guys popularly referred to as Yahoo Boys are the ones who now payroll dispatch riders so that they can deliver their consignment ( hard drugs) on schedule no matter the sort of traffic or weather condition. The fear of loosing rich clients and that of the unknown treatment that may come of the Boys, as the officer puts it, drives the Riders crazy thus the reason to speed even at the expense of their lives.
The account of a prominent Party Promoter, Wayne Anthony, as obtained online recently, also pointed out that ‘No Legislation Will Stop Clubbers From Doing Drugs’ Party promoter, Wayne Anthony, arrived in Ibiza, a Spanish Island in 1988, at the same time as dance music and the party drug ecstasy. Despite hallucinating badly enough to make him give up the lifestyle forever, he says laws will never stop clubbers taking drugs. “I don’t think you can control these things,” said former party promoter Wayne Anthony. He arrived in Ibiza in 1988 and began setting up club nights and raves in some of the island’s most iconic venues. In the years that followed, the sleepy Spanish island turned into a raver’s haven of clubbing and hedonism, with party drugs like ecstasy commonly found. “What Ibiza represented was this beautiful, hot island which was visually stunning and we knew you could party there quite legally,” said Wayne. “You didn’t have to look over your shoulder. You could just be as free as you possibly could be.”
That freedom came with a price. Along with the lavish clubs, all-day-benders and hot Spanish sun came drug cartels and crime. The city transformed into one the world’s most vibrant party capitals, “fuelled by a dangerous and lucrative drugs trade which drew as many criminals to its shores as it did party animals”. Wayne, one of the contributors to the documentary, spoke to Sky News ahead of its release.”I’m not going to sit here and say the cartels aren’t there. They are all there and they’ve been there from the ’90s,” said Wayne. But he said most people tried to ignore the organised crime going on around them. According to Wayne, clubbers usually took the approach of: “‘Give me 10 E’s . Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Hallucinating giant spiders Although he described the Balearic island as the “motherland”, it was eventually a bad experience with drugs that convinced Wayne it was time to leave Ibiza.
He’d been partying for days when he realised he’d taken too many drugs. A friend told him to drink cough medicine, dangerous advice that he now says could have killed him. “I saw the worst hallucination I’ve ever seen in all of my life. I ended up locking myself in the villa with all the shutters down. When he sobered up, he realised he had “come to the end” of his party life on the island. “I never looked back. I never took another drug. I got away from the club world.” ‘I don’t think you’re going to be able to stop it’ Despite his life-changing experience, he doesn’t think criminalising drugs is a good idea – or particularly effective. “If you’re old enough to vote for who’s going to be a world leader, if you’re old enough to put your name down on debt for 25 years, I feel like you should be old enough to govern what you put inside your own body, you know?” said Wayne.
Back to Nigeria, some illicit drugs worth over N30billion seized at Onne Port in Rivers State.
This blood chilling development forced the Federal Government to declare a state of emergency at the Onne Port, following what authorities described as repeated incidents of importation of dangerous cargo, including arms and ammunition through the said port. To this effect, the government said it was immediately implementing emergency protocols at Onne Port for the next three months by conducting thorough examinations of all suspected containers in the premises.
The Comptroller-General of Customs, Bashir Adeniyi, in charge of the port via a press conference, said it henceforth, unveiled the seizures of illicit goods by the Nigeria Customs Service, Area 2 Command, Onne in Eleme Local Government Area of Rivers State. In defence for his action, Adeniyi said the recurring incidents posed a threat to national security, adding that the health of citizens at the Onne Port is increasingly being used as a destination for dangerous and illicit cargo, describing it as a disturbing trend.
The customs boss stated, “Earlier today, I joined numerous stakeholders to take a significant step towards the cause of trade facilitation through the inauguration of upgraded facilities provided by the West Africa Container Terminal, Onne. “As I express delight that trade facilitation is getting traction in Onne Port, I cannot help but call your attention to a grave concern. This has to do with the repeated incidents of national security breaches unfolding in Onne Port. I appreciate your presence, as we all have a shared responsibility in safeguarding our national security. As we are all aware, the policy thrust of Mr President supports the re-energising of our business environment to drive faster import clearance and grow our capacity for exports, Our emphasis has been to promote initiatives that speak to Trade facilitation and economic development. “It is a matter of regret that criminal elements in the international supply chain are exploiting our pro-trade stance to commit atrocities bordering on national security breaches”.
“The attempts to test our will through the importation of dangerous cargo through this port has necessitated the declaration of a state of emergency in Onne Port, coming on the heels of a seizure of a huge cache of arms a couple of months ago. It is disheartening that perpetrators have not backed down on their illegal acts. Recent intelligence and seizures have revealed a disturbing trend; Onne Port is increasingly being used as a destination for dangerous and illicit cargo. The scale and nature of these illegal importations pose a significant threat to our national security and the health of our citizens. Today, we are here to showcase yet another series of significant seizures made by the diligent officers of the Area 2 Command. On display are twelve containers of illicit goods intercepted through a combination of intelligence gathering, inter-agency collaboration, and meticulous physical examination. Seizures on Display include: Three (3) x 40-feet containers: Containing 562,600 bottles of 100ml cough syrup with codeine and 3,150 pieces of chilly cutters, with a Paid Duty Value (DPV) of N4,716,573,846.
“Others are, three x 40-feet containers containing 380,000 bottles of 100ml cough syrup with codeine, 24,480,000 tablets of Royal Tramadol Hydrochloride, 5,350,000 tablets of Tapentadol and Carisoprodol, and other items, with a DPV of N17,432,506,000 were seized”.
According to the report, more seized items were, “Five (5) x 40-feet containers; Containing 892,400 bottles of 100ml cough syrup with codeine, 1,300,000 tablets of 50mg Really Extra Diclofenac, 7,250,000 tablets of 5mg Trodol Benzhexol, and other items, with a DPV of N8, 128,568,295,90. This very action of the Nigeria Customs Service, further complicated the hope of how soon the fight against drug trafficking could be brought to a halt owing to its high profile nature.
Another hair-raising report of the illicit drug deal has it that when NDLEA bursted a Snake-Guarded Shrine Used For Storing Illicit Drugs sometime ago in Edo State. This very news report was published in The Tide Newspaper on June 24, 2024. According to the report, NDLEA said its operatives uncovered a shrine, guarded by a snake, being used for storing illicit drugs, during an operation in Edo State. The Agency in a statement by its spokesperson, Femi Babafemi, added that its operatives discovered a specially constructed large hole in a wall, hidden behind wallpapers and fetish objects used for drug storage. It further noted that methamphetamine, Loud, Colorado and Arizona, all strong strains of cannabis with a total weight of 8.743kg among others, were recovered from the shrine.
To be cont’d
King Onunwor
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku