Uncategorized

My Transactions with Tinubu – Tambuwal

Published

6 years ago

February 5, 2019

Eric

•Tinubu asked Saraki to become Senate President
•Gbajabiamila was against Dogara becoming ‘His’ Deputy Speaker
Rt. Hon. Aminu Waziri Tambuwal the immediate past speaker of the House of Representatives became the second person in the Fourth Republic to spend a full term of four years as Speaker of the House. He also became the first person in that office to defect from the party on which he was elected. Following his stint, he became governor of Sokoto State.

In this interview with the Vanguard team of Ochereomme Nnanna, Soni Daniel and Emmanuel Aziken, he for the first time speaks on the intrigues that shadowed his political dealings with the All Progressives Congress, APC national leader, Asiwaju Bola Ahmed Tinubu, the emergence of Senator Bukola Saraki as Senate President, Yakubu Dogara as Speaker of the House and why he left the APC to the People’s Democratic Party. He affirms that Muhammadu Buhari that crusaded for free and fair election four years ago is not the same in Aso Rock and puts election manager, Prof. Mahmood Yakubu on the spot that posterity would judge his actions. Excerpts:

The fuss about INEC’s Election Guidelines

What were the undercurrents that led to the formation of the new government in 2015?

From the onset, we began to have our disagreements. On the one hand, some people were saying that we should allow members of the National Assembly to go and elect members of the National Assembly on their own unhindered, but some party members were saying no, that they should be guided and they midwifed a process whereby Senator Ahmad Lawan would be Senate President and Femi Gbajabiamila would be Speaker, but we disagreed.

Now, check the high-level appointments of the government of President Muhammadu Buhari. Himself came from the old CPC, VP, from the ACN, the then SGF (Babachir Lawal), from the CPC and the current one (Boss Mustapha) from the ACN. If you look at the ministers outside Amaechi who else do you have from the New PDP? Check! Not even the one from Kano or the one from Sokoto or the one from Adamawa! And these were states that were initially, nPDP. Check, Kwara, Lai Mohammed from ACN. All of these ministers came from states where the nPDP delivered but were denied ministerial appointments.

So, if not for the effort to bring Saraki and Dogara, the nPDP bloc would not have been considered for any reasonable appointment in Buhari’s administration.

Even in developed democracies where you have coalitions to form government, you normally sit down to ensure that you have inclusivity and that you carry everybody along.

In the Second Republic, you saw the NPN and NPP form the government.

You opposed the emergence of Mrs. Aisha Abubakar as the ministerial nominee from Sokoto State. Why?

Yes, we did.

So, what made you change your mind?

It was not changing of the mind. We called a meeting of stakeholders of the then APC who said we should go and deliver their message to President Buhari – Wamakko and myself. We met him, and he pleaded and appealed to us that we should go back and meet them (stakeholders) that he has done it and cannot go back on it.

So, we came back and managed the situation. Meanwhile, she was PDP and from my constituency. Her younger brother, the same father and same mother, contested for the seat I left in the House of Representatives on the platform of PDP.

What could have led to the situation that you won an election, but extraneous forces who contested against you formed the government?

What happened is becoming clearer to Nigerians today.

Why did the president cave in?

I think the question should be directed to him and you can see that in virtually all the states of the federation. Most of the governors were not consulted.

Despite reports that Asiwaju Tinubu helped you to become Speaker, you did not help Femi Gbajabiamila, his nominee to replace you. Why?

Let me tell you if you want to know; truly, Asiwaju Bola Ahmed Tinubu supported me to become the Speaker of the House of Representatives using the ACN bloc in the House of Representatives. If you go today and dig out the records and subtract the number of ACN members that supported me and give it to Mulikat, she couldn’t have won. Go and do the mathematics.

I got the majority of the PDP; I got CPC, I got ANPP. Assuming that you go and take out the entire number of ACN members who supported me…and I am not saying that they didn’t support me; I am grateful, and I will remain eternally grateful, but I am giving you an idea of what happened.

Tinubu didn’t come out of the blues to say that he was supporting me. We sat down over four times for me to convince him on the viability of that project. We did the mathematics; he is a smart politician. He saw clearly that we were going to make it even without his support. We did the mathematics, he knows, he is alive. I am not lying.

Initially, he had given his blessings through Abike Dabiri and Jumoke Okoya-Thomas to Mulikat, but by the time we sat down and did the mathematics, he realised that he was going on a wild goose chase. So, he supported me, and I am grateful.

But you see, in politics, we had that understanding. We worked together for this country, the support he gave me, I am grateful. Till today in my political relationship with Bola Tinubu, he had never given me one naira; but that is not what is between him and I. It was a political transaction and not financial, a purely political transaction, purely political engagement, political project that had a lifespan. When my tenure was expiring and as a leader in APC whether anyone liked it or not because I was number four at that time, and when Bola Tinubu was working towards bringing Femi, he never called me, quote me!

I initiated a meeting with Bola Tinubu on my own volition with Gov. Abdulaziz Yari; we went to him ‘this thing you are doing, you are not talking to us?’ He said I am sorry and that was when he “realised” that he needed to talk to us in his interest in Femi becoming Speaker.

So, we sat down, and we agreed to sit down again, but he didn’t call us back until when it was getting late, and I initiated a meeting with him in Lagos. I flew with some serving members of the House of Representatives and some incoming members of the House to Lagos and had a four-hour meeting with Asiwaju Bola Ahmed Tinubu.

Before we started, we intreated into an inner room and told members of the House of Representatives to tell him the truth between themselves and God Almighty if there should be election who would win between Femi and Dogara.

They took their turns, and including those close to him, they told him that if we should go into a free and fair process, that Dogara would win.

When we retreated, I said: “Asiwaju, you have heard from my colleagues, but let me ask you what made you feel that you needed not to talk to me or invite me to come and discuss with me how someone should come and take over from me?”

He said: “Aminu, I am sorry, I am sorry it was an oversight.” So, I said: Ökay, you have heard, what do you want? You want Femi as Speaker?” He said yes. I said: “Okay, I am not opposed to it, but let me tell you, we need to pair Femi and Dogara together as Speaker and Deputy Speaker. If you want Femi, I can support Femi, he is my friend, but we have to make sure that Dogara is on the ticket as Deputy Speaker.

We went back and forth, back and forth and we agreed. He said to me: “Aminu, is that the deal?” I said “that is the deal. I will go back and talk to Dogara.”

We discussed about Senate President, and he said no, Bukola has not spoken to him, he has not done this and that.

I said “no, Bukola has been to you three times and on each of those three times, he had briefed me, and you know how close Bukola and I are, so Asiwaju don’t tell me that.”

I said to him: “You have spoken to an emir in the North for about 45 minutes that you want to take your pound of flesh because Bukola didn’t support you to become Vice-President and that he should not get Senate President.” He said: ‘Ah, how did you get to know?’ I told him the emir told me; you don’t know how close I am to that emir.

So, I said: “Asiwaju; I know what the game is. We had insisted that Bola Tinubu should not be running mate to Buhari. Buhari had already caved in, and we said that with Muslim-Muslim ticket, we could not win and that was my first offence. That was my first offence with Tinubu, not this House of Representatives politics.

That was also the offence by Bukola, offence by Yari.

Was Rotimi also involved?

Rotimi wanted it for himself. And that was my offence against him which is a different matter.

So, I pleaded and pleaded and it got to the point that I left where I was seated and knelt before Asiwaju and held his knees and said ‘Asiwaju, I am begging you, I am appealing on behalf of Bukola, please forgive him for whatever sins.’ He said, “Aminu, go back and sit down.” I told him we can resolve this issue and he said how?

I said, “if you agree, Bukola can become Deputy Senate President,” he said no, no.

Deputy to who?

To Ahmad Lawan. I said I could go and talk to Bukola. And I told him my reasons why I was supporting Bukola. I said outside my relationship with him (Saraki), I said in my presence, in the presence of God, in your study, you encouraged Bukola to go and become senator so that he could become Senate President. In my presence, only three of us with God! You Asiwaju, you did that.

Two, I know his capacity, and we are very close, and I know he can provide leadership.

Three, the governor I am taking over from is supporting Bukola, do you want me to start fighting him by going to support someone else? And there were some other factors.

I told him these are the reasons. Let me have something to go back with, let’s talk to Bukola let him take Deputy Senate President to Lawan, let Femi be Speaker, let Dogara be Deputy Speaker. We spent four hours in his office in Lagos.

He gave me an indication that he had agreed but that Bukola should come and see him. I went and told Bukola, go and see Asiwaju.

Few weeks later, they came up with their mock primaries. When they said there was going to be mock primaries, the next thing I saw was that mock primaries had been held and Monguno had stepped down for Femi and that they had paired. And that George Akume and Ahmad Lawan had formed a ticket. This was in clear contradiction of the agreement. He (Tinubu) is alive!

Meanwhile, I had called Dogara and told him of my conversation with Asiwaju and that in the interest of peace, I want you to make the sacrifice and that in any case, you are still growing. You cannot say Deputy Speaker is too small for you. Dogara didn’t argue with me; he said okay.

I called Femi; I told Femi Gbajabiamila that this was my conversation with Asiwaju Bola Ahmed Tinubu that you are going to pair with Dogara and he said why should I bring Dogara to come and become Deputy Speaker! Femi told me that!

I said what is your problem? I said, “Femi, you know in terms of relationship with members that you are not good, you need somebody who can do that for you. Let him do it, and we argued back and forth. And we had discussed that Monguno should be chairman of House Committee on Appropriation. Femi is alive. I said do you agree? He said okay. I first discussed with Femi then Dogara then I invited Monguno.

I said: “Monguno, you know I can’t even call your name because you had been to this House in 1992/93 with my senior brother, I call him senior brother. I said between you and your God, can you defeat either Femi or Dogara in this contest? He said no. I said then why are you in the contest, and he said that there are some factors blah, blah, blah. I said will you accept my intervention for either of them to be Speaker and the other deputy and you accept chairman of appropriation? He said yes and that I should go ahead.

I said no I would not go ahead but go and discuss with your people, you have supporters within and outside the National Assembly, go and discuss with them and come back. He never did.

Little did I know that when I left Asiwaju Bola Tinubu’s place, somebody from the North-East had gone to tell him not to accept Dogara, that the Kanuri want to have the Deputy Speakership and Monguno is Kanuri.

This I later came to know, and that was what informed the shift in the understanding I had with Asiwaju. So, it is not as if I stabbed him (Tinubu) as the public is being made to believe. We had an understanding.

So, when I saw it, I called Dogara and said it is like God has decided to make you the Speaker because I had done the mathematics and it is only for us to talk to four or five persons, and you will make it, and that was what happened.

So, it is not as if I betrayed Asiwaju Tinubu. He knows, he is alive. Let him swear by the Koran if that was not what happened.

After the formation of the Buhari government and following insinuations that Tinubu himself had been sidelined, did the two of you ever sit down to deliberate on the issue?

I visited Asiwaju in his house in Abuja in the first Ramadan, and I told him I was there to greet him. Of course, he was hot, and I told him that I was not there to discuss politics and I refused. Every effort by him to crack me to make me discuss politics, I told him no, that you are my elder, this is Ramadan, I am here to greet you.

Was he happy?

Eventually, he saw me off, we had some conversation, and he saw me off, and we were laughing and smiling, you understand!

Was he happy with the Buhari administration?

I am not his spokesperson; I cannot speak for him.

Dogara is a Christian from the Northern minority, and his choice was unusual. What quality projected him to break such ethnic and religious cleavages to emerge Speaker?

His openness, his friendship with virtually everybody.

You supported him despite the fact that he did not support your emergence as Speaker?

I supported him because I knew he could do the job. It is not about me. It is about this country. That is why I said I joined the APC because things were not going the right way. There was a derailment in the government of Jonathan, and we needed to take back our country.

When they said I should not run for president, I pulled back. When I ran in PDP now and came second, I am working with the party to make sure that we have a better government in place.

For me, it is not about Aminu Waziri Tambuwal. When the six governors came to talk to me not to leave APC, I told them that I had reason for leaving PDP; there were objectives. Tell me, which of them has been achieved? Is it insecurity, is it fight against corruption, is it the economy? Is it unemployment? What are the indices?

Many were surprised that the PDP presidential primaries did not implode the party? What happened?

I will take you to the formation of APC four years ago and leaving APC back to PDP. It is not about myself; it is about this country. It is about good governance. Any person that can provide that, I am ready to work with that person. We went for primaries, and we lost the primaries to Atiku, and before then we gave our word to the party that since we were interested in running for the presidency for the simple reason that individually, we could do better than Buhari, that whoever wins, we will support.

It is true that at a time it looked like we were cruising to victory, but the God factor came in.

So how did the God factor come in?

I can’t describe it!

Was it the generals that intervened?

God can use anything. So, God factor came in, and as a believer in God, I said it is not about me, it is about how best we can have someone that can turn around things and make Nigeria a greater nation.

That was exactly what I said in 2014, and it is still my position as at today. I am supporting Atiku Abubakar 100 per cent.

One of the reasons the president gave for vetoing the Electoral Act was that it was against the ECOWAS protocol which frowns at amendments close to elections. But you were Speaker when the Electoral Act was amended just before the election. So what do you say to that?

The president’s reason is laidback. Amendments were done while I was Speaker and not only once.

President Muhammadu Buhari of today is not interested in free and fair election. APC is looking for a shortcut to get back to Aso Rock, and they are doing everything humanly possible to take us back from the gains of 2015 in improving our electoral system, and they are desperate.

How is PDP responding to this development?

We are responding by going to the people; we have been campaigning. We will insist that votes must count, it is not negotiable. The fact that they are interested in rigging which is obvious, does not mean that there should not be a free and fair election. We are insisting on free and fair election, and we are reminding Prof. Mahmood Yakubu that there will be a day that he will cease to be INEC chairman and he has a family, he has a history, he has a future.

Culled from The Vanguard

Uncategorized

Senate Approves Tinubu’s ₦1.77trn Loan Request

Published

3 days ago

November 21, 2024

Eric

The Senate has granted approval to the ₦1.77 trillion ($2.2b) loan request of President Bola Tinubu after a voice vote in favor of the request.

The Senate presided by Deputy Senate President, Barau Jibrin, approved the loan after the Senate Committee on Local and Foreign Debts chaired by Senator Wammako Magatarkada (APC, Sokoto North) presented the report of the committee.

The request which was submitted by the President on Tuesday is part of a fresh external borrowing plan to partially finance the N9.7 trillion budget deficit for the 2024 fiscal year.

Tinubu had on Tuesday written to the National Assembly, seeking approval of a fresh N1.767 trillion, the equivalent of $2.209 billion as a new external borrowing plan in the 2024 Appropriation Act.

The fresh loan is expected to stretch the amount spent on debt servicing by the Federal Government. The Central Bank of Nigeria recently said that it cost the Federal Government $3.58 billion to service foreign debt in the first nine months of 2024.

The CBN report on international payment statistics showed that the amount represents a 39.77 per cent increase from the $2.56bn spent during the same period in 2023.

According to the report, while the highest monthly debt servicing payment in 2024 occurred in May, amounting to $854.37m, the highest monthly expenditure in 2023 was $641.70m, recorded in July.

The trend in foreign debt servicing by the CBN highlights the rising cost of debt obligations by Nigeria.

Further breakdown of international debt figures showed that in January 2024, debt servicing costs surged by 398.89 per cent, rising to $560.52m from $112.35m in January 2023. February, however, saw a slight decline of 1.84 per cent, with payments reducing from $288.54m in 2023 to $283.22m in 2024.

March recorded a 31.04 per cent drop in payments, falling to $276.17m from $400.47m in the same period last year. April saw a significant rise of 131.77 per cent, with $215.20m paid in 2024 compared to $92.85m in 2023.

The highest debt servicing payment occurred in May 2024, when $854.37m was spent, reflecting a 286.52 per cent increase compared to $221.05m in May 2023. June, on the other hand, saw a 6.51 per cent decline, with $50.82m paid in 2024, down from $54.36m in 2023.

July 2024 recorded a 15.48 per cent reduction, with payments dropping to $542.50m from $641.70m in July 2023. In August, there was another decline of 9.69 per cent, as $279.95m was paid compared to $309.96m in 2023. However, September 2024 saw a 17.49 per cent increase, with payments rising to $515.81m from $439.06m in the same month last year.

Given rising exchange rates, the data raises concerns about the growing pressure of Nigeria’s foreign debt obligations.

Channels TV

Boss Picks

DIAMED CENTRE: Kesington Adebutu is a Father in a million – Daughter, Abiola Olorede

Published

4 months ago

July 20, 2024

Eric

By Eric Elezuo

A United States and United Kingdom trained prolific doctor, Dr. Abiola Olorede, the first daughter of accomplished businessman and renowned philanthropist, Sir Kesington Adebukunola Adebutu, is not a run-off-the-mill medical practitioner. She knows her onions, her worth and the mandate she is programmed to fulfill.

She is the Chief Medical Director of the just opened DIAMED CENTRE, a fully equipped diagnostic and medical facility saved with the responsibility of catering to the medical needs of the Nigerian public.

The hospital, which was built and handed over to her by her philanthropic father, is located at Kuboye Street, in the heart of Lekki Island, Lagos.

In this brief chat, the achiever, who lived most of her educational life in Dublin, Poland, expressed her gratitude to a father like no other, and how she and her team intends to make the best of the facility and equipment to totally affect humanity for the better.

Excerpts:

CAN YOU TELL US THE IDEA BEHIND THIS GREAT PROJECT?

Thank you very much, my name is Abiola Olorede, I am a medical doctor by profession. I schooled in Dublin, worked in the United Kingdom and in United States of America. When I came back home to Nigeria after my education including postgraduate studies, I realized that one of the major challenges is that a lot of the diagnostic tools that we need to use for evident-base treatment of our patient were lacking. Since then, I have always had a dream that when i am able to afford it, I will like to have a place that Nigerians can go to as comparable as those round the world because, just as I have always spoken about it, every Nigerian should have any treatment obtainable anywhere in the world in their home country.

CAN I DEDUCE THEREFORE, THAT YOU INTEND TO STOP MEDICAL TOURISM BY ESTABLISHING THIS ALL INCLUSIVE MEDICAL CENTRE?

Hmmm…Intend to stop is a very big word. I am hoping by the service we would offer here, a lot of Nigerians will see it as comparable to anywhere in the world and would want to use it instead of going out of the country. So, a lot of people that go out of the country can benefit from world class treatment in Nigeria.

SO OUT OF ALL YOUR DAD’S PHILANTHROPIC GESTURES, HOW DOES THIS ONE MAKE YOU FEEL?

If you noticed, the Kensington Adebutu Foundation, KAF, as it is fondly referred to, has major pillars and that’s education and health. It does a lot of other projects no doubt. I know that in any society, if the people are not educated, it’s a big loss to the country, if you don’t have the healthy workers too, it’s a big loss. So this brings out much of my pride in the service of Nigeria.

AS A PROUD DAUGHTER, WHAT MORE COULD YOU SAY ABOUT YOUR FATHER?

First of all, I would like to thank him. I tell everybody that he is father in a million. He supported his children over the years, financially, and with wisdom. I’m going up to 60, and my father still supports me pursue my dreams; it’s very rare. I want to thank him from the bottom of my heart. He’s always there, so thank you dad, you are a wonderful dad.

CAN YOU JUST ANALYZE THE KIND OF EQUIPMENT WE HAVE HERE?

We have a lot of facilities that are available, we have 3D monogram, it gives better images, and it’s less painful when you do that. We also have 64 high CT scan, digital X-rays, a lab, Haematology, Dialysis department, Dental suite, Opthalmology and Physiotherapy. We have a fully functional Pharmacy; so it’s like a one stop shop.

We have a Cardiac Suite where you can do ECO and other tests. We engage patients morning to night, make them comfortable as they get their test done. We don’t want you to feel you are in a hospital premises; you come from home and get all your test done.

WHAT DO YOU PROMISE NIGERIANS USING THIS FACILITY?

I promise Nigerians is that only experts, who will give the right diagnosis will be engaged here so we can give world class treatment and service. We want to use evidence and innovations to manage patients. Those are our promises to Nigerians and others as an organization and God will help us deliver all these promises.

AND HOW AFFORDABLE IS IT TO PATRONISE THIS PLACE?

We would try to make it cost effective in as much as medical care is not cheap. I tell people that being healthy is cheaper that being sick and that’s true, and that’s what we hope to accomplish. It is difficult to maintain some of this machines, some of them are very expensive so we must be able to recoop cost to get and replace equipment when due.

Thank you doctor Abiola, you have been very helpful and I wish you well in the management of this facility to the best interest of Nigerians. God bless you ma.

The pleasure is mine

Uncategorized

The Independence of the Judiciary in a Democratic Dispensation (Pt. 4)

Published

4 months ago

July 19, 2024

Eric

By Mike Ozekhome

Introduction

In the last part of this intervention, we examined the abuse of ex-parte orders as part of our survey of the independence of the judiciary. We then moved on to political pressures exerted on the judiciary. We continues with this theme today and extend economic/fiscal pressures which undermines judicial independence. We shall also x-ray the intellectual dimensions of the judicial remit as well as the relevant legal codes for their appointment. Come with me.

POLITICAL INDEPENDENCE (continues)

The duty of maintaining a Judiciary that is free from political influence, an independent and impartial Judiciary in line with section 17(2)(e) of the 1999 Constitution, rests on the honourable men and women on the bench, the political class, the other two arms of government and all and sundry. An independent Judiciary that inspires confidence is a sine qua non for sustainable democracy. Judges have a special role to reject any attempt to undermine the independence of the Judiciary in this dispensation. It is sacred! The admonition of Hon. Justice (Prof.) A.F.D. Kuti in this wise is instructive.

“Of course, judges make laws by interpretations, as judges, by nature and training do not succumb to partisan considerations they are political, they should be abstinat a fabia. They must not allow themselves to be torn apart by any form of differences in our societies… The judges have a duty to chart an independent course and let it be known that the independence of (the) judiciary is of vital importance to the democratic process to maintain Human Rights Provisions and to maintain the non-adoption of sate Region… The Judiciary itself must be like Cinderella living in a glass house, above board like Caesar’s wife, also above suspicion”.

Economic/Fiscal Independence

It is a trite warfare strategy that the easiest way to weaken an army and overrun it is to cut off its supplies and starve it. Vital in the question of independence of the Judiciary is the issue of fiscal autonomy, and proper funding. As soon as we institutionalize the practice of judicial officers going cap in hand to beg for funds from the Executive, the idea of independence of the Judiciary has been trampled upon and blown into smithereens! Independence must involve economic ‘self-reliance’ and fiscal autonomy. By these, we mean that the Judiciary under this dispensation should always be able to have the funds due to it constitutionally falling directly to it without having to approach the Executive for any form of lobbying before funds can be released to it. The Constitution has substantially taken care of this area. It only remains for the frontiers of fiscal autonomy to be widened so that the Judiciary, (especially State Judiciaries) would be able to carry out capital projects so as to maintain befitting physical infrastructure for the Judicial institution. Agbakoba has argued that:

“Judicial Independence is meaningless if it is not accompanied by economic independence. Dishonest judicial staff has no credible claim to judicial independence. It is necessary to take steps to ensure that judges and magistrates can enjoy a professional status capable of guaranteeing them the required amount of professional independence coupled with an adequate remuneration package that can effectively isolate them from pecuniary pressures.”

In Nigeria and under this democratic dispensation, some jurisdictions have had to contend with dilapidated office buildings, inadequate supplies and regular power outages. Starvation of funds is a weapon used by the Executive, the keeper of the Federation purse, to achieve a balance of judicial power by giving judicial officials a sense of economic/fiscal dependency.

To stave off starvation of funds, many countries have had to increase budgetary allocations significantly in favour of the judiciary both to provide adequate physical facilities and to allow for the continuing education of judges, magistrate and their staff. In some cases, as in Madagascar, this new approach has resulted in the establishment of a school solely dedicated to the training of judicial personnel.

The poor state of fiscal ability of the Judiciary in Nigeria today aptly depicts the observation of the Federalist, Alexander Hamilton that:

“The Judiciary is beyond comparison the weakest of the three departments of power. It has no influence over either the sword or the purse; no discretion either of the strength or the wealth of the society; and can take no active resolution whatever. It may be said to have neither FORCE NOR WILL, but merely judgment.”

Although the salaries and recurrent expenditures of the Judiciary are constitutionally charged upon the Consolidated Revenue Fund, it does not appear that the Constitution specifically ensures the provision for the capital expenditure of the Judiciary. This is another ploy to still keep the Judiciary low and check its ferocity in holding the balance over government excesses. There are other pockets of ploys and half-truths.

It has, for example, been argued from the Bench that the concept of accountability has often been relied upon to justify restricting the administrative independence of the Judiciary. The Executive must, in this democratic dispensation, allow unfettered fiscal independence for the judiciary by freeing its funds from all restrictions so that judges do not have to continue to go to the Executive to seek for funds for capital projects and recurrent expenditure or extra budgetary expenses.

Judicial accountability, in fact, complements and reinforces judicial independence by creating the public confidence on which judicial independence ultimately depends. There is no gainsaying that the point is sometimes made that in relation to their judicial functions, judges are subject to a higher degree of accountability and transparency than any other public officers, or even with the present democratic dispensation, than indeed any holder of political office, be they ministers or special advisers or chairmen or members of parastatals.

It has also been argued from the Bench that financial independence of the Judiciary can only be guaranteed where the ‘order’ allows physical projection and administrative control of finances by officers accountable to the Judiciary.39 The notion of Independence of the Judiciary would remain mere rhetoric without complete fiscal autonomy for the Judiciary.

Intellectual Independence

This subhead is used here in a technical sense as an issue of judicial independence. But, it can best be described by the story in the Bible of Israel’s sojourn in the land of Egypt. A wicked king that hated the Hebrews and was afraid of their independence and prosperity had given an instruction to midwives in this manner,

“When ye do the office of a midwife to the Hebrew women….if it be a son, then ye shall kill him but it if be a daughter, then she shall live…Every son that is born ye shall case into the river, and every daughter ye shall save alive.”

Pharaoh preferred Hebrew females because he was afraid of male power in the event of war with the Hebrews. The same stratagem has been employed to destroy the intellectual vibrancy of the judiciary so as to weaken its independence. The calibre of judges that can stand their ground against assault on judicial independence are those imbued with high independent, incorruptible and analytical mind laced with profound intellectual fecundity. While the High Court Bench has a mixed multitude of judges, the Court of Appeal and the Supreme Court are filled with such high calibre of intellectually vibrant and independent-minded justices. This would explain why the Court of Appeal and the Supreme Court have not only set impressive records of independent-mindedness and incorruptibility. Those two courts can hardly be faulted in the area of independence and absence of external influence. The problem of intellectual freedom mainly lies at the High Court Bench, and the lower benches.

Appointment

By virtue of section 250(3), 256(3) and 271(3) Constitution of the Federal Republic of Nigeria 1999, a person shall not be qualified to hold office of Chief judge or a judge of the Federal High Court, Chief Judge or a judge of the High court of the Federal Capital Territory and a judge of a High Court of a state, respectively:

“Unless he is qualified to practise as legal practitioner in Nigeria and has been so qualified for a period of not less than ten years”.

We are not really concerned here about the procedure for appointment of High Court judges. What has threatened the system with collapse is the bare assumption in these constitutional provisions that tends to imply that once a person has spent ten years on earth since he/she was called to the Bar, the person automatically has all the intellectual capability to be appointed a judge.

More than anything else, judicial incompetence (encompassing law intellectually, law productively etc) has contributed to rob the Judiciary the necessary intellectual freedom it needs to assert and guard its independence. According to Schewart:

“The quality of justice….depends more upon the quality of the men who administer the law then on the content of the law they administer.”

In his keynote address at the recent Bar Conference at Enugu, Chief Afe Babalola, SAN, observed on the constitutional qualification for appointment as a judge as follows:

“This allows great latitude for the appointment of ‘any lawyer’ who has met the ten years requirement regardless of where he is prior to his appointment. This explains why a new wig from the Nigerian Law School who, immediately after his call (and probably Youth Service) went straight to work in a company, multinationals and the life without any experience whatsoever in practice could be and are being appointed as High Court Judge”.

At the swearing in of the new Senior Advocates of Nigeria on Monday, September 8, 2003, the Honourable Attorney-General of the Federation and Minister of Justice, Chief Akin Olujinmi, SAN hinted that more stringent criteria for appointment of judges would be introduced. According to the Chief Law Officer of the Federation:

“We will propose that only those who can furnish evidence of contentious cases they handled in the Supreme Court, Court of Appeal and the High Court within, say, three years preceding their application should be considered for appointment. By so doing, it will be possible to select only seasoned practitioners to occupy positions on the Bench.” (To be continued).

Thought for the Week

“I believe that an independent judiciary is the crown jewel of our constitutional republic. Brett Kavanaugh”. (Charles Evans Hughes).