Opinion
Freedom of Movement is for Human Beings, Not Cattle and Sheep
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By Chief Mike Ozekhome, SAN, OFR, FCIArb, LL.M, Ph.D, LL.D
INTRODUCTION
The Northern elites, including the Hon Attorney General of the Federation, Abubakar Malami, SAN, miss the point sorely when they compare Igbo peaceful spare-parts dealers who go about their normal spare parts business legitimately, (building or renting their shops), with savage, maniacal AK-47-wielding herdsmen. Igbo traders do not kill or attack Northerners with their stock of motor-tyres, rims, spanners or chasis. They do not pour petrol from fuel tanks that they sell, on Fulani herdsmen. They do not use car bumpers or wind shields to smash the heads of herdsmen.
How does open and street grazing of cows by fully armed foot-patrolling youth which is now clearly anachronistic, diluvian, primitive and antiquated, be likened to legitimate spare parts business being carried out in shops or designated areas, with the Igbo traders paying tenement rate, taxes, water electricity and light bills? Have you ever heard of any herder paying tax? How do you equate spare parts dealers with mindless violence unleashed on poor helpless and hapless farmers in their own farms, and destruction of their crops with reckless abandon by these rampaging nomadic pastoralists who are on a mission of conquest and expansionism?
How do you compare apples with oranges, by equating Igbo spare parts dealers (who maintain log books, cash books, and accounting systems in their secluded and approved environments of peace and tranquility), with rampaging fully armed murderous bandits (passing for headers), who unleash terror and mayhem on innocent citizens? These open grazers kidnap travelers on the way, invade homes, rape mothers and their daughters and slash people’s throats, unprovoked, unmolested and undisturbed? Do Igbo traders overrun Northerners or Fulanis in their homes? Is it not the spaces legally allotted to them by the Federal Government, Local Governments, cities or MDAs, that they legitimately and quietly operate from?
How do armed herders who freely trespass on people lands, destroy their crops and other means of livelihood, and slaughter them, compare with peaceful traders plying their legitimate business? Do spare parts dealers pose security threat to their host, or anyone else? The Igbos do not foist any pre-determined supremacist hegemony and irredentism agenda or other races as the herders (many of them from neighbouring countries) are currently doing.
Freedom of movement is only for human beings. It is not for cattle, sheep and goats. Will the Northerners tolerate the open sale of alcoholic beverages in their States, even though it is the constitutional right of other ethnic groups to move about and sell beverages of their choice.
Are these Northern elites seriously arguing that Southern State Governors cannot ban open grazing in their states, to protect their innocent citizens from deadly killer herdsmen?
The freedom of movement guaranteed in section 41 of the Constitution (though for human beings, not animals), is not even absolute at all. Section 45 is pretty straightforward as regards derogation from section 41. It provides:
“(1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invaluidate any law that is reasonably justifiable in a democratic society:
(a) in the interest of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedom of other persons.”
Thus, the right to movement in section 42 of the Constitution can be overridden by section 45 of the Constitution which allows any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health. Considering the incessant cases of Boko Haram killings, maiming, stealing, kidnappings, rape, armed banditry and robbery foisted on the Southern part of the country, Southern leaders have rightly taken it upon themselves to put in place laws and measures that will protect their citizens. To this end, it is safe to assert that individual rights to movement have not in anyway been violated by the various states’ anti-grazing laws because the laws were enacted in the interest of public safety, public order, public defence and public morality. The laws of and declaration by the Southern Governors are also to protect the peace, privacy and homes of Southerners as highlighted in section 37 of the 1999 Constitution. They are also for the “purpose of protecting the rights and freedom of other persons”.
In the case of KALU v. FRN & ORS (2012) LPELR-9287(CA), the Court of Appeal made it clear that the rights to personal liberty and freedom of movement are not absolute and can be derogated from:
“The rights to personal liberty and freedom of movement, guaranteed respectively by Sections 35 and 41 of the 1999 Constitution, are not absolute…Section 41(2)(a) of the Constitution says that the right to freedom of movement may be deprived under a law that is reasonably justifiable in a democratic society that imposes restrictions on the movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria”. An application for enforcement of a party’s fundamental right presupposes the right has been, is being or is likely to be violated otherwise than in accordance with the procedure permitted by law. That argument will be defeated when it is apparent that the right has been deprived of in accordance with the procedure permitted by law”, Per EJEMBI EKO, JCA (as he then was) (Pp 44 – 45, Paras G – E).
The above position of the law is further strengthened by the combined effect of the provisions of sections 4(7), 5(2), 11(2), 14(2) and 176(2) of the 1999 Constitution. Section 4(7) states that the House of Assembly of a State shall have powers to make laws for the peace, order and good government of the State. Section 5(2) provides that the executive powers of a State shall be vested in the Governor of that State. Section 11(2) gives the Governor of a State powers over the maintenance of supplies and services. Section 14(2)(b) enjoins the Governor to ensure that “the security and welfare of the people shall be the primary purpose of government”. Section 176(2) makes the Governor of a State its Chief Executive. So, where have the Governors of Southern States gone wrong? I cannot see it. Or, can you?
In ASARI DOKUBO V. FRN (2007) NGSC 106 (decided June 8, 2007), the apex court of Nigeria held that national security overrides personal individual rights, where it is discovered that the individual’s right poses threats to national security. Substitute for this, States’ and groups’ rights and security supersede the individual rights of few rampaging, fully armed, AK-47-clutching and wandering Fulani herdsmen who are not merely grazing their cattle, but actually on a predetermined mission of conquest, expansionism and neo-colonialism of other ethnic nationalities. Such must be fully resisted within all legal boundaries as the Southern Governors are now doing.
WHAT THE STATE GOVERNORS MUST NOW DO
The 17 Southern Governors should immediately sue the Federal Government, invoking the original jurisdiction of the Supreme Court under section 232 of the 1999 Constitution. They should ask for a determination of their right to preserve their States from insecurity. Indeed, as held by the Supreme Court in AG OGUN STATE V. AG FEDERATION (1982) LPELR-11(SC), the making of law for the maintenance of law and order and securing of public safety and public order is the responsibility of both the National Assembly and the State Houses of Assembly. Consequently, the Southern Governors are clothed with legality and constitutionality to ban open grazing. The Governors should therefore not be burdened by the opinions of other Northern States Governors, and elites, as to do so will be limiting the Executive powers of the Governors as regards the states which they govern.
By banning open grazing, the governors are merely putting a stop to one of the greatest known sources of wars and terrorist convergence in their respective states. In my humble opinion, the Governors’ call is part of their responsibilities to the people of their states as the main mandate of each and every Governor is to protect the lives and property of the people of the states they govern. The openness of the Governors to the idea of yet another National dialogue to curb the insecurity (which I however consider unnecessary in view of the unused over 600 recommendations of the 2014 National Conference) can be seen as a honest bi-partisan call to see to the end of insecurity menace in Nigeria.
PRO-ACTIVE STEPS ALREADY TAKEN BY SOME STATE GOVERNORS
Some State Governors and Houses of Assembly in Bayelsa, Ebonyi, Oyo and Osun States have since taken steps by getting anti-grazing laws passed by their Houses of Assembly. For instance, there existed and extant, section 42(e) & (g) of the Ondo State Forestry Law which prohibit cattle tresspassing and cattle pasteurisation without the authority in writing of a prescribed Government Official.Indeed, Governor Samuel Orton of Benue State has already taken proactive steps to stop being the wailing Chief mourner of his people being murdered daily in cold blood by Fulani herdsmen (many a time with the active connivance of federal troops). He got the House of Assembly to enact the anti-RUGA (Rural Grazing Area) and Cattle Colony Law, called the “Open Grazing Prohibition and Ranches Establishment Law”, No 21 of 2017. He went further by challenging the Federal Government RUGA policy at the Federal High Court, Makurdi, in the case of AG OF BENUE STATE V. AG OF THE FEDERATION. On 4th February, 2020, Justice Mobolaji Olajuwon of the FHC, Makurdi, held that any move by the FG to acquire land for RUGA or cattle colony in Benue State without the State Government was null and void. The Judge granted an order nullifying every action of the FG to establish RUGA or cattle colony. Many constitutional provisions such as sections 5(6), 9(2), 20, 44(1), 58 and 315(5) and 6(b) were considered. Also considered were sections 1, 2, 5, 6, 26, 28 and 49 of the Land Use Act vis-à-vis sections 4, 5, 6, 7 and 19(c) of the Benue State Anti-Grazing Law.
It must be pointed out that the Governor of a State is the Chief Executive and Chief Security Officer of that State (sections 176(1) and 214-216 of the 1999 Constitution). By virtue of Section 1 of the Land Use Act, 1978, all land comprised in the territory of each State in the Federation have been vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians. Thus, a Governor of a State commands great power in the usage of the land in his State. See the Supreme Court case of NIGERIA ENGINEERING WORKS LTD V. DENAP LTD & ANOR (2001) LPELR-2002(SC).
SHOULD SOUTHERN GOVERNORS HAVE FIRST CONSULTED THE NOTHERN ESTABLISHMENT?
The answer to this is a capital NO!
It must be emphasized that the decision of the Southern Governors does not in actuality impede the rights of cow rearers to own cattle. It merely limits their ability to openly graze on lands that are not theirs in the first place and inflict misery on the indigenous owners. The ban will also ignite more anti-grazing laws in other states in Nigeria.
Those Northern elites arguing that consultation ought to have been first made by Southern Governors before making such resolutions have not advanced any plausible argument anchored on the Constitution. In fact, they ought to applaud the Southern Nigerian Governors for willfully choosing to dialogue with their Northern counterparts and avoiding an impending doom.
The few wailing Northern elites have not explained to Nigerians why they never consulted their Southern counterparts before passing and enforcing Sharia Law in their States; or passing the various Hisbah laws. Did some of these Governors not cut off citizens’ hands for various offences, to the angst and condemnation of international communities? Did they not order for some others to be stoned? Recall the unfortunate cases of Buba Jangebe (2000), Auwalu Abubakar (23), Lawalli Musa (22), Abubakar Aliyu (15), Attahiru Umaru, Sani Rodi, Sarimu Baranda, Safiya Hussein, Amina Lawal and many others for merely either stealing a cow, bull, N32,000 or committing adultery. Did the Northern Governors consult their Southern counterparts? They did not explain why Southern Governors who are the Chief Security Officers of their States should first obtain their permission (like a pupil from a Headmaster) before dealing with security matters in their various States. It only shows their mindset of a relationship of masters and servants; conquerors and vassals; slave owners and slaves. They failed to tell Nigerians that all the Northern Governors had actually pro-actively taken a unanimous position to ban open grazing, at its virtual meeting held on February 9, 2021, presided over by their Chairman, Simon Lalong Governor of Plateau State. They had unanimously agreed that the “current system of herding conducted mainly through open grazing is no longer sustainable in view of growing urbanization and population of the country”. While urging all the Governors to meet over this matter, they agreed on other methods such as ranching. These critics of the Southern Governors hid the fact that in response to the Northern Governors’ call, the entire Nigerian Governors’ Forum of the 36 State Governors held a virtual meeting on February 11 (two days later) and unanimously agreed to end nomadic and pastoral cattle wandering, “to address the rising insecurity in the country and the activities of herdsmen…and the need for the country to transition into modern systems of animal husbandry that will replace open, night and underage grazing in the country”. They also encouraged ranching as alternative. The Northern elites carefully screened away the fact that Governor Abdullahi Ganduje, Kano State Governor’s had openly supported adopting anti-grazing measures.
Ganduje had argued in February, 2021, during his meeting with President Buhari and other APC Governors that such a ban would not only solve incessant clashes between farmers and herders, but also prevent cattle rustling. Inspite of attempts by some Northern groups to cow in, Ganduje stuck to his guns.
These Northern elites hid the fact that, as far back as 26th April, 2018, (over 3 years ago), the National Executive Council (NEC) had approved the recommendation of its sub-committee that open grazing of cattle be banned across the country.
The three-man sub-committee on herdsmen/farmers clashes constituted by the Buhari Government in February, 2018, was headed by the Governor of Ebonyi State, Dave Umahi.
It was specifically mandated to unravel the causes of herdsmen/farmers clashes (wrong usage: herdsmen’s unproved attacks on farmers is better). It was to dialogue with relevant stakeholders to end the killings of innocent citizens.
Other members of the sub-committee included Governors Simon Lalong (Plateau), Samuel Ortom (Benue), Darius Ishaku (Taraba), and Bindo Jubrilla (Adamawa). The panel was mandated to visit Benue, Taraba, Zamfara and Adamawa states.
Umahi had told Nigerians after the NEC meeting at the Presidential Villa presided over by Vice President Yemi Osinbajo, that the panel submitted its report to the Council which okayed the recommendation to ban open grazing, opting instead for the establishment of ranches in states affected by the herdsmen onslaught.
Governor Umahi, who said his team visited five states Benue, Taraba, Plateau Adamawa and Zamfara, said there were three main categories of herdsmen in Nigeria. These, according to him, are foreign herdsmen, nomadic herdsmen and migrant herdsmen, whose continued activities have resulted in clashes with farmers.
He said the NEC also agreed that the states affected by herdsmen killings should donate land for the establishment of ranches that will include nomadic schools and health facilities for their family members. Said Umahi:
“Niger and Kaduna have given lands, and Plateau is also giving land. We also agreed that through the agriculture ministry, we have to introduce new species of cows…… and to stop the further influx of foreign herdsmen into the country”.
So, where did the Southern Governors go wrong in reaffirming Federal Government and Northern Governors position? I cannot see it. Or can you?
Recall also that on September 10, 2019, the Vice President, Professor Yemi Osinbajo, SAN, had also inaugurated the National Livestock Transformation Plan at the Gongoshi Grazing Reserve, in Mayo-Belwa LGA of Adamawa State. Inaugurating the said project, Osinbajo said the plan was designed to run from 2019-2028, as part of Federal Government’s initiative in collaboration with States under the auspices of the National Economic Council. He said the plan, targeted at supporting the development of Nigeria’s livestock sector, was to be implemented in seven pilot states of Adamawa, Benue, Kaduna, Plateau, Nasarawa, Taraba and Zamfara.
According to the Vice President, the plan will be implemented as a collaboration project between the Federal and State governments, farmers, pastoralists and private investors. He said:
“In this plan, the State Government or private investors provide the land, the federal government does not and will not take any land from a State or local government…Any participating state will provide the land and its own contribution to the project. The federal government merely supports…It is a plan that hopes to birth tailor-made ranches where cattle are bred, and meat and dairy products are produced using modern livestock breeding and dairy methods…This solves the problem of cattle grazing into and destroying farmlands. It ensures a practical response to the pressures on water and pasture by forces of climate change”.
He noted that the plan was designed to provide modern meat and dairy industry and, in some cases, integrated crop farming. According to Osinbajo, the unique feature of the plan is that any participating state will determine its own model. Osinbanjo continued:
“I wish to emphasise that this is not RUGA. Because the idea of RUGA settlements launched by the Ministry of Agriculture created a problem when it was perceived as a plan to seize lands to create settlements for herders…RUGA was not the plan designed and approved by the governors and the President rightly suspended the implementation”.
Thus, even the Federal Government at the centre had already opposed anti-grazing and embraced ranching. So, where did the Southern Governors go wrong? I cannot see it. Or, can you?
SALEH’S ILLOGICAL AND PROVOCATIVE INANITY
Did you read the provocative inanity uttered by one Alhassan Saleh, National Secretary of Miyetti Allah? I read it, and became more convinced that our dire national situation may be hopeless afterall. Hear him deliver his gibberish sermon:
“If the south feels because they have oil, they can show this open hatred to the Fulani, I bet you, they are late.
You cannot expel an ethnic group that has a population of 17 million people from an entity. So, if the agitators want to divide the country today, or this minute, we will help. We are ready to go. We are more prepared than any other tribe.
Nowhere is this type of ban done. You can only control it. But the Fulani, by nature, move about with their animals. They are not only in Nigeria, they are all over Africa…
They (Southerners) want to force us to react but we don’t react that way. Compared to what we went through in Guinea and Sudan and we survived, this is even a child’s play.
We understand that 2023 is also part of the game plan. They want to get power on a platter of gold. Nobody will give them power like that. They must seek our support. People who want power don’t behave in this matter…
Today, we are ready, let them divide the country. Let them not wait till tomorrow. We are better prepared than any other ethnic nationality. So, we are ready, let them divide the country. Let us die, we that don’t have the oil.”
QUESTIONS BEGGING FOR ANSWERS FROM SALEH
Let me interrogate Saleh’s thesis with some questions. Is Saleh really telling us that cattle breeders (just like Igbo Alaba shop owners, or Yoruba cocoa farmers, or Ijaw fishermen (examples not used in any derogatory sense but to make the point), have so cheapened the proud Fulani race of Shehu Usman Dan Fodio (born Usman bi Fudi; 1754 – 1817), that they have actually become the Fulani’s mouthpiece, their spokespersons? I cannot understand this. Or can you? So, to ensure peace, Fulani herders who “are not only in Nigeria, but all over Africa (moving) about with their animals”, should be allowed to commit genocide against other Nigerians?
Let me ask Saleh one question: who is the aggressor? Did other Nigerians invade Fulani towns to attack them? So, Saleh is saying that Fulani herdsmen who migrate from all over Africa through open borders of the North (those of the South are firmly shut) should be allowed unchallenged, as they have been doing, especially since the last 6 years of the Buhari government, to continue to attack innocent people in their homes, spill blood and rape their wives and daughters? So, Fulanis should be allowed to invade helpless farmers’ farms, kill the farmers with their sophisticated AK-47 riffles, destroy their farms and freely graze on their crops with their cattle? Oh, Fulanis must be allowed to walk leisurely with herds and hordes of cattle across the Federal Secretariat buildings and Three Arms Zone of Abuja, with vehicles and trekking human beings stopping and waiting for them to pass? So, that is Saleh’s own warped idea of living together? So, Southerners should be wiped out from the face of Nigeria in a carefully choreographed genocidal script, and they must not complain just because they will seek power, and must need Fulani support? So, the Southern Governors hate the Fulanis for telling them to stop open grazing and movement of cows by road across the South, thereby killing innocent people and destroying people’s means of livelihood? So, the life of a cow is more precious than that of a human being?
I cannot understand Saleh and his Miyetti Allah’s reasoning and illogicality. Or can you? So, Governor Samuel Ortom of Benue State is a “vagabond-in-power”, simply because he cried out that he was tired of being a helpless undertaker, coffin maker, an elegy orator and chief mourner presiding over daily slaughter of his own people?
So, because the Fulanis are all over Africa, and they had successfully overrun Guinea and Sudan (predominantly Muslim countries), they should also be allowed to overrun plural Nigeria (there are actually more Christians than Muslims even in the North) and wipe out the other 373 ethnic groups of Nigeria (according to Professor Onigu Otite)? I cannot comprehend this man. Or can you?
More questions please, Saleh: So, a personal profit-making venture such as cattle rearing should be forced willy-nilly on all other Nigerians as a fundamental objective and directive principle of state policy? So, the yam produce, cocoa palm kernel and tomatoes farmers of other ethnic groups, should equally be allowed to invade and seize Fulani lands and impose their trade on them? How would the Fulanis feel if the Igbos insist that because they are excellent traders, shops must be built for them by the Federal and State Governments across Nigeria, free of charge, to ply their lucrative trade? How will they feel if rearers of pigs (even when the Muslim Fulanis forbid pork meat) overrun their territories with hordes of pigs, all in the name of keeping Nigeria together?
Nigeria’s population projection by the United Nations for July, 2021, is 210,665,492. Of this number, only 17 million people are Fulanis, according to Saleh. There are three classes of Fulanis based on settlement patterns: the Nomadic/Pastoral or Mbororo; the Semi-Nomadic and the “Settled” or “Town Fulanis”. Thus, the Miyetti Allah nomadic or pastoral group constitutes only one-third of Fulanis in Nigeria. This means, speaking arithmetically, 8% people out of Nigeria’s population of 210.6 million people. So, going by Alhassan Saleh’s puerile vituperations, a tiny, but powerful, well-connected, power-dominating minority of 8% of Nigeria’s population must be allowed forever to tyranise the vast majority, impose their will; govern them by force; kill them; wipe them out of Nigeria, all in the name of peace, unity, indissolubility and indivisibility of Nigeria? So, the other 92% Nigerian majority should be held down by the jugular, just to make Nigeria work and prevent Fulanis from leaving Nigeria? Haba! I can never understand this man and the cattle rearers he spoke for. Or can you?
Nigeria is a Federation that operates the principles of federalism. Under this, the FG, States and LGAs have their respective rights and spheres of influence. There is the exclusive, concurrent and residual lists under the Constitution. This was why Justice Olajuwon of the FHC, Makurdi, held that since land in every State is controlled and managed by the Governor and LGs of such States, the FG cannot whimsically and capriciously grab lands in States; but must go through either the Governor or LG of such State.
Opinion
Banks’ Excess Profits Tax: Cause-Related Marketing to the Rescue?
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By Magnus Onyibe
In response to the Central Bank of Nigeria’s (CBN) proposal for a 70% tax on the excessive profits banks made from naira devaluation in 2023 – profits which increased by at least 51% due to President Bola Tinubu’s economic reforms – there has been a noticeable rise in banks’ philanthropic activities.
The proposed excess profits tax, or windfall tax on foreign exchange gains, floated four months ago, appears to be part of the government’s strategy to address its declining revenue base. This is critical as the cost of governance continues to outpace income. For instance, Nigeria’s 2025 budget, totaling ₦49.7 trillion, relies on borrowing ₦13.08 trillion, while ₦15.33 trillion will be used to service the country’s enormous debt, which stands at an estimated ₦134.3 trillion. Only ₦34.82 trillion of the budget is expected to come from royalties and taxes.
To reduce the country’s dependence on borrowing, President Tinubu brought in Taiwo Oyedele, a former PwC West Africa tax head, to overhaul Nigeria’s outdated tax administration system, which the president has described as a relic of colonial times. Oyedele’s assignment, aimed at strengthening the system and generating more revenue, aligns with the government’s goal of improving infrastructure and services through increased fiscal resources has been welcome by most Nigerians who are looking forward to a better country with more robust infratructure which only more revenue can faciliate.
But there is a snag which is that some Nigerians are worried about the implications for the income accruing to their states from the federation account which they suspect will be reduced
The excess profits tax proposal seems to have been seen by the president’s tax reform committee, which includes private-sector experts, as a readily available source of additional revenue. Many of these experts, familiar with banks’ financial records through previous auditing roles, likely identified the windfall profits as an easy target.
While banks initially resisted the proposal, they were cautious not to do so too publicly. Prominent figures like Olisa Agbakoba, a former Nigerian Bar Association president, and Mustafa Chike-Obi, chairman of the Bank Directors Association of Nigeria (BIDAN), voiced criticism. However, the Chartered Institute of Taxation of Nigeria (CITN), led by its president Chief Segun Agbeluyi, supported the move.
Subsequently, United Bank for Africa (UBA) chairman Tony Elumelu and First City Monument Bank (FCMB) CEO Ladi Balogun engaged with the presidency in consultations. Their temperate and conciliatory approach during interviews, following the initial announcement of the tax, helped ease tensions between banks and their regulator, the CBN, shifting the debate away from public confrontation.
The issue of the proposed excess profits tax was eventually moved from public discussion to private negotiations in boardrooms. This stands in sharp contrast to the uproar triggered by the four tax reform bills introduced by the Taiwo Oyedele-led committee, which are currently being debated in the National Assembly (NASS). These bills propose significant reforms to Nigeria’s colonial-era tax system, as highlighted by President Tinubu in his first media address since assuming office on May 29, 2023.
Before the lawmakers went on their annual recess, the bills had sparked intense controversy, particularly among northern lawmakers who felt the proposed changes, especially to Value Added Tax (VAT), would disproportionately benefit the south. This contentious debate deepened the longstanding ethnic, religious, and regional divides between northern and southern legislators, overshadowing traditional party lines and amplifying non-partisan tensions.
As the situation edged toward a potential crisis, a truce was brokered at the Aso Rock Villa. Legislators were urged to set aside their disagreements and take more time to review the bills thoroughly, enabling them to suggest reasonable amendments. President Tinubu, in numerous public statements, expressed his willingness to incorporate these adjustments before the bills’ final passage.
The vigorous debate surrounding these tax reform bills raises questions about how much more contentious the removal of petrol subsidies might have been had it been subjected to a similar public debate. If the tax reforms have ignited such a high level of scrutiny, one can only imagine the political turmoil that might have ensued over discussions on petrol subsidies or the unification of the dual naira-foreign exchange window.
This is where a very thin line separates leaders from being democrats or monarchies. That is because if as democrats they allow extensive and unending debates on critical development issues, action will never be taken. But if they ram policies down the throats of legislators , such leaders would be adorned with the toga of dictatorship or as one who is monarchical.
Therein lies the dilema and a justification for the aphorism “ uneasy lies the head that wears the crown”
And it is at times like that, that Executive Orders which are easier ways of making laws while bypassing the legislators are viable options. But they are restrictive and tenous as they lack wide coverage and the longevity that are inherent in laws passed via a due legislative process.
However, President Tinubu appears to recognize the critical importance of timing in politics. With a limited four-year term, he seems determined to implement key reforms early to gain public confidence and lay the groundwork for potential re-election.
Returning to the matter of banks and the excess profits tax, it seems likely that a compromise was reached between the CBN and the banking sector, possibly facilitated by the Bankers’ Committee—a coalition of bank managing directors. This may explain why the excess profits tax has not yet been enforced, appearing instead to have been put on hold.
One of the driving forces behind the foreign exchange gains tax is the urgent need to generate revenue to sustain governance amidst soaring costs. This includes ₦15.81 trillion allocated to debt servicing, with the country’s debt estimated to have reached ₦77 trillion by the time the Tinubu administration assumed office. Expanding the tax base has thus become a necessity.
In this context, banks, under pressure to meet new capital base requirements of ₦500 billion for international operations and ₦200 billion for regional operations, may have directed the government’s tax authorities to explore the potential of taxing electronic transactions. This includes levying charges whenever Nigerians transfer or receive funds electronically in their bank accounts.
The recently introduced Electronic Money Transfer Levy (EMTL) requires banks to deduct ₦50 on electronic transfers or receipts of ₦10,000 or more. With 231.1 million bank accounts in Nigeria as of July last year, the Nigeria Inter-Bank Settlement System (NIBSS) estimates that this levy could generate as much as ₦484 billion over three years. While this has the potential to be a significant revenue source for the government, it raises the question: will it come at the expense of already overburdened Nigerians?
Because the charges are relatively small—a minor percentage of the transaction amount—most bank account holders seem not to feel the pinch yet. This contrasts sharply with the public uproar that followed the removal of the petrol subsidy on May 29, 2023, which sent shockwaves through the economy. While the dust from the subsidy removal is gradually settling, the EMTL could create another source of tension between the government, banks, and the public. The question remains: is such friction unavoidable?
It appears banks are aware of the backlash before the tax that is currently in abeyance was imposed and the potential backlash of the EMTL when the banking public become conscious of it. In what seems to be an attempt to improve their public image and foster goodwill among customers, they have embarked on large-scale Cause Related Marketing (CRM) campaigns in past four (4) months or so. These efforts aim to balance corporate interests with public good, blending their business strategies with socially beneficial initiatives.
This is not the first time banks have faced criticism. When the Central Bank of Nigeria (CBN) proposed the excess profits tax on foreign exchange gains, I authored an article titled “Banks FX Gains Tax: How CSR Could Have Averted It”, published on August 13 last year. In the piece, I reflected on how proactive Corporate Social Responsibility (CSR) measures might have softened the blow of public disapproval. For instance, banks had previously undertaken commendable initiatives, such as renovating the National Arts Theatre and contributing to the CACOVID initiative, which provided medical and economic relief during the pandemic.
During the public launch of my book, “Leading From The Streets: Media Interventions By A Public Intellectual 1999–2019”, three months ago, I highlighted the stark contrast between the significant profits banks were declaring and the struggles of other sectors and ordinary Nigerians. I suggested that banks could demonstrate their commitment to the greater good by waiving certain fees, such as charges for SMS alerts and printed statements. Such small gestures could go a long way in fostering goodwill and mitigating criticism.
“Corporate Nigeria demonstrated admirable resilience during the COVID-19 pandemic. Under the guidance of the Central Bank of Nigeria (CBN), banks and major corporations, through the CACOVID initiative, provided essential support to Nigerians. This effort earned them public praise and bolstered confidence in their commitment to societal well-being.”
I shared this perspective on May 8, several months before the proposal to amend the 2023 Finance Act on July 17, which the Senate approved on July 23. Had bank executives heeded earlier advice to ease the financial burden on their customers, the FX gains tax—now a significant source of concern for them—might never have been introduced. It seems this realization prompted banks to intensify their Cause Related Marketing (CRM) efforts, aligning their brands with various social issues affecting vulnerable communities, whether they are customers or not.
Historically, Nigerian banks have been active in philanthropic initiatives. Available data shows that they have invested significantly in education, healthcare, economic empowerment, and environmental sustainability. For example:
• Education: First Bank of Nigeria established the First Bank Education Endowment Scheme to provide scholarships for undergraduates. Similarly, Zenith Bank launched the Zenith Bank Scholarship Scheme, and GTBank set up its own scholarship initiative to support university students.
• Healthcare: Access Bank initiated the Maternal Health Services Support (MHS) program to improve maternal healthcare, while the UBA Foundation created the UBA Health Initiative to deliver medical aid and health education to communities.
• Economic Empowerment: Stanbic IBTC introduced the Business Incubator Program to foster entrepreneurship and small business development. Fidelity Bank also rolled out the SME Financing Scheme to provide financial support to small and medium-sized enterprises.
• Environmental Sustainability: Ecobank developed the Forests for Life program to promote sustainable forest management and conservation.
Despite these longstanding Corporate Social Responsibility (CSR) efforts, public perception of banks remains largely negative. This is partly because banks continue to generate massive profits during periods of widespread economic hardship, like in 2024, when firms were shutting down and individuals struggled due to the impact of socio-economic reforms.
Banks have increasingly realized that CSR alone is not enough to earn public trust. It’s not just about supporting communities but also about visibly engaging with them—a principle that CRM embodies. Unlike CSR, which encompasses broader goals like philanthropy, sustainability, and ethical practices, CRM is a targeted marketing strategy. It seeks to foster an emotional connection between the public and a brand by aligning with specific societal causes.
In light of the proposed tax, banks have shifted their focus from merely advertising their products to associating their brands with public causes. For example:
• UBA has expanded its educational support to include training for the visually impaired in the use of Braille, showcased through televised campaigns.
• Access Bank and Fidelity Bank have also reoriented their advertising strategies over the past four months to highlight their support for social causes rather than solely promoting products and services.
Hitherto the sponsoring of Fashion Week by Gtbank, Tech Week by Zenithbank and Marathan Race by Access bank annually in Lagos had been the most immersive experience of CSR involving those tier -1 banks with their publics.
But banks have learnt that by embedding their brands into social goodwill, they aim to improve their image and strengthen their relationship with the Nigerian public. However, time will tell if this goodwill can endure. The recently introduced Electronic Money Transfer Levy (EMTL), though currently unnoticed by many due to its modest charge of ₦50 per transaction, could soon spark public dissatisfaction. If this happens, banks might once again find themselves at odds with their customers, as was the case with the unpopular fees for SMS alerts.
As the conventional wisdom goes: ‘a stitch in time saves nine’
Magnus Onyibe, a public policy analyst, author, democracy advocate, development strategist, alumnus of the Fletcher School of Law and Diplomacy, Tufts University, Massachusetts, USA, and a former commissioner in the Delta State government, (2003-2007) sent this piece from Lagos, Nigeria.
To continue with this conversation and more, please visit www.magnum.ng.
Opinion
Justice Inbalance: The Judiciary’s Role in Life and Death Decisions
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By Hezekiah Deboboye Olujobi
The judiciary holds a pivotal role in society, often described as the guardian of justice and the arbiter of disputes. However, the metaphor of the pen as both a tool that can save lives and one that can destroy them encapsulates the duality of judicial power. While judges have the authority to uphold justice and protect the innocent, there are instances where their decisions have led to grave miscarriages of justice, resulting in the wrongful conviction of individuals, some of whom have spent years, if not decades, on death row.
The Pen That Saves Lives
In an ideal scenario, the judiciary serves as a protector of the innocent and a mechanism for upholding the rule of law. Judges are tasked with interpreting the law fairly and impartially, ensuring that justice is served. When judges exercise their discretion with compassion and integrity, they can indeed save lives. For example, in cases where mitigating circumstances are considered, judges may opt for rehabilitation over punishment, allowing individuals to reintegrate into society and contribute positively. Additionally, in cases where defendants have spent years behind bars without concrete evidence except for a confessional statement, judges may consider granting the defendant a second chance.
The Pen That Destroys Lives
Conversely, there are numerous documented cases where judicial decisions have led to catastrophic outcomes for innocent individuals. The phenomenon of wrongful convictions is a stark reminder of the fallibility of the judicial system globally. Factors contributing to these injustices include inadequate legal representation, prosecutorial and police misconduct, reliance on unreliable witness testimony, and systemic biases.
Case Studies of Misjudgment
1. The Case of Olusola Adepetu
Background: Olusola Adepetu was wrongfully convicted of murder in Nigeria, a case that highlights the severe flaws in the judicial process. Adepetu was accused of killing a man based on circumstantial evidence and public sentiment rather than concrete proof.
Circumstances of Conviction: Adepetu’s conviction stemmed from a combination of public outcry and inadequate investigation. The prosecution relied heavily on witness testimonies that were influenced by community bias and fear rather than factual evidence. Despite having a competent legal defense, the trial was marred by procedural irregularities and a lack of due process.
Time on Death Row: Adepetu spent 22 years on death row in Kirikiri Maximum Security Prison, enduring the psychological and emotional toll of being labeled a murderer. His life was put on hold, and he faced the constant threat of execution. He was also subjected to the harsh realities of prison life, which included overcrowding, violence, and inadequate healthcare.
Appeals and Dissenting Judgment: After years of legal battles, Adepetu’s appeal to the Supreme Court was denied. However, a dissenting judgment from one of the justices pointed out that he had been denied a fair trial, which became a crucial piece of evidence in his fight for exoneration. This dissent highlighted the need for a thorough review of the evidence and the judicial process that led to his conviction.
Release and Aftermath: In 2016, after relentless advocacy from legal aid organizations and the Centre for Justice Mercy and Reconciliation, Adepetu was finally exonerated. His release was bittersweet; while he regained his freedom, he faced the daunting task of rebuilding his life after decades of wrongful imprisonment. The emotional scars and the impact on his family were profound, as his children had suffered educational setbacks and social stigma due to his wrongful conviction.
2. The Exoneration of Olaniyi Emiola
Background Olaniyi Emiola was wrongfully convicted of armed robbery in 2011, a case that underscores the dangers of relying on unreliable witness testimony.
Circumstances of Arrest: Emiola was accused by neighbors who believed he was involved in a robbery that occurred in their community. The accusation was based on hearsay and the mistaken belief that he was the perpetrator. Despite the lack of concrete evidence linking him to the crime, he was arrested and charged.
Trial and Conviction: During the trial, witnesses testified against Emiola, claiming they saw him at the scene of the crime. However, the real perpetrator, who was later apprehended for another crime, admitted to the jury that he had committed the robbery and did not know Emiola. Despite this, Emiola was convicted and sentenced to death, highlighting the failures of the judicial system to adequately assess the credibility of witness testimonies.
Time on Death Row: Emiola spent 17 years on death row, enduring the psychological trauma of living under the constant threat of execution. His family faced significant hardships during this time, as they struggled with the stigma of having a family member on death row and the financial burdens associated with legal fees and prison visits.
Exoneration: In 2011, after persistent advocacy and the revelation of new evidence, including confessions from the real culprits, Emiola was exonerated. His release was a moment of triumph, but it came with the realization that his life had been irrevocably altered. His wives had left him, and his children had grown up without their father, facing their own challenges as a result of his wrongful conviction.
3. The Case of Kareem Olatinwo and Others
Background: Kareem Olatinwo, an elderly man, was wrongfully convicted of armed robbery along with his son and two laborers. This case illustrates the complexities of witness testimony and the influence of external factors, such as land disputes, on judicial outcomes.
Circumstances of Arrest: Olatinwo and his co-defendants were accused of robbing a property where they were actually the victims. The case was heavily influenced by dubious witness testimonies and a lack of concrete evidence linking them to the crime. The motive for their arrest was suspected to be related to a land dispute, which complicated the judicial proceedings.
Trial and Conviction: The trial was characterized by a lack of rigorous scrutiny of the evidence presented. Olatinwo’s past criminal record was used against him, despite the absence of any direct evidence linking him to the robbery. The prosecution relied on testimonies from individuals who had their own motives for testifying against Olatinwo and his son.
Time in Prison: Olatinwo and his son were sentenced to death in 2001. Olatinwo’s health deteriorated during his time in prison, and he ultimately died while still incarcerated in 2015. His son and the two laborers remained on death row, facing the psychological and emotional toll of wrongful imprisonment.
Appeals and Release: After years of advocacy, the appeals for the two laborers succeeded in 2014, leading to their release. The legal team used the reasoning from the Court of Appeal, which expressed doubts about the credibility of the witnesses. In 2021, Olatinwo’s son was also released after a lengthy battle, but the case raised critical questions about the reliability of witness testimony and the responsibility of judges to ensure fair trials.
Conclusion
These case studies illustrate the profound impact of wrongful convictions on individuals, families, and society as a whole. They highlight the need for reforms in the judicial system, including better training for judges, improved legal representation for defendants, and mechanisms for reviewing wrongful convictions. The emotional, psychological, and social ramifications of these injustices are far-reaching, emphasizing the importance of a fair and transparent judicial process. The stories of Olusola Adepetu, Olaniyi Emiola, and Kareem Olatinwo serve as powerful reminders of the human cost of judicial errors and the urgent need for reform.
Centre for Justice Mercy and Reconciliation
The **Centre for Justice Mercy and Reconciliation** is a grassroots organization dedicated to advocating for victims of wrongful convictions and illegal detention in Nigeria’s custodial centers. With a remarkable track record of achievements, our organization works tirelessly to provide legal assistance, raise awareness about the issues of wrongful convictions, and support the reintegration of exonerated individuals into society.
Through our efforts, the Centre has been instrumental in highlighting the flaws within the judicial system and pushing for necessary reforms. We engage in community outreach, legal advocacy, and collaboration with other organizations to ensure that justice is served and that the rights of the wrongfully convicted are upheld.
By advocating for those who have been wrongfully convicted, the Centre for Justice Mercy and Reconciliation plays a crucial role in restoring hope and dignity to individuals and families affected by judicial errors, striving to ensure that the judiciary serves as a true protector of the innocent and a pillar of justice in society.
For more details about our work and initiatives, you can visit our website at [www.cjmr.com.ng](http://www.cjmr.com.ng). We also welcome partnerships and support from individuals and organizations committed to justice and human rights. For inquiries, you can contact us at +2348030488093 or +2348025782527.
Opinion
Between J.I.C. Taylor and Contemporary Justice
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By Hon Femi Kehinde
There was an interesting anecdote about a group of failed business entrepreneurs who at a meeting to formally dissolve and disengage with their business as a result of the current economy tide, resolved to move into another line of business. One of them instantly suggested that they setup an High Court where they would be selling and granting injunctions through Ex-parte applications at an exorbitant fees. Perhaps to recoup their huge loss. Funny though as it may sound and naively too, it epitomizes a public perception of the Judiciary and perhaps our entire legal system.
It is certainly impossible for a private person to set up a Court, be it inferior or superior Courts of Record. Section 6 of the Nigerian Constitution, certainly abhors their cynical thoughts.
In 1962, Chief Samuel Ladoke Akintola took the matter of his removal as Premier of the Western Region to the High Court under Justice Quarshee-Idun, a Ghanaian, then as the Chief Judge of the Western Region, who rather than listen to the matter and throw the Western Region into further crisis, sent it to the Federal Supreme court for the interpretation of Section 33 (10) of the Western Region Constitution. The Federal Supreme Court interpreted the Section in favor of Akintola and declared his removal null and void.
This piece is certainly dedicated to a Judicial Icon of that era – Justice J.I.C Taylor as a sweet memorabilia.
In Nigeria legal folklore, the name ‘J.I.C’ (John Idowu Conrad) Taylor will ever remain ever green like a constant star, in our juridical firmament.
J.I.C was the fourth child of Eusebius James Alexander Taylor, a famous and successful lawyer, a nationalist who was then referred to as the “Cock of the Bar”, and whose family house was at No. 5 Victoria Street, Lagos, very close to Tinubu Square, which in the Lagos of early days was referred to as the most important street in Lagos – “Ehin Igbeti” or the bulwark of Lagos, but now known as Nnamdi Azikiwe street.
J.I.C’s mother, was Remilekun Alice Taylor (Nee Williams) and was thus, a first cousin, through his mother, to the Late Chief F.R.A Williams, another legal titan and contemporary at the Bar.
J.I.C was born, on the 27th of August, 1917 and died on the 7th of November, 1973 at the age of 56 Years. Within this short span, J.I.C lived a worthy, glorious and exemplary life, that would still remain unmatched and unparalleled in Nigeria’s history of incorruptibility at the bench, judicial independence, strict interpretation of the law, restraint, courage, uncommon judicial boldness and untainted integrity.
J.I.C Taylor, had his early education at the Methodist Boys High School Lagos, before being sent to England by his father, to complete his Secondary School Education at the Culford School, Bury Saint Edmunds, at Suffolk. He thereafter, proceeded to King’s College England in 1936 to read Law, before transferring to Brasenose College, Oxford in 1937, where he made a Second-Class Degree in Jurisprudence. He was subsequently called to the Bar at the middle Temple on the 14th of January, 1941.
Within a space of 15 years, J.I.C Taylor had become one of the great Legal luminaries at the Nigerian Bar, and was prominent in the ranks of Bode Thomas, F.R.A Williams and Fani Kayode, who had formed a law partnership of Thomas, Williams, Fani Kayode & Co (Solicitors), S.L.A Akintola, Chief Chris Ogunbanjo, Michael Odesanya, who had also formed a partnership of Samuel, Chris & Michael (Solicitors) in 1952.
Obafemi Awolowo had also in Ibadan, around this period, formed a law Partnership with Chief Abiodun Akerele, then known as Awolowo, Akerele & Co (Solicitors) in Oke-Ado, Ibadan. In Law practice, Obafemi Awolowo was described then as a terrible cross-examiner.
J.I.C in law practice, was a very resourceful lawyer of impeccable integrity. He was extremely knowledgeable in law and was a delightful personality at the Nigerian Bar. He was blessed with a great command of English Language, which is the potent tool of the legal profession and very eloquent with a diction that was impeccable. He was not given to frivolities or undignified practice.
Like his father, Eusebius, he had a weakness. He was easily provoked and tended therefore to lose control in court whenever he was angry. The Late Chief F.R.A Williams in advocacy with Taylor was always happy to take advantage of this weakness. The Late Fani Kayode too, though a friend to J.I.C, had also taken advantage of this weakness, whilst appearing with J.I.C in some instances, but nevertheless, admitted that he was a meticulous and dogged advocate.
J.I.C Taylor as a seminal figure at the Nigerian Bar had appeared in many “causes celebres” – celebrated cases that have gone down in our legal jurisprudence, as hallmarks. These cases, includes the case of King’s College students, who had demonstrated during the Second World War against the colonial authorities on account of poor administration of their school and also appeared in the Sedition Trial of the Editors to the Daily Commet and the West African Pilot of Dr. Nnamdi Azikiwe, the Sedition Trial of Anthony Enahoro of 1947, the case of Prince Adeyinka Oyekan and Others and Oba Adeniyi Adele in 1952, in which the ownership and legal status of the “Iga Idunganran”, which was the traditional residence of the Oba of Lagos was in question.
He also appeared in the case of Dr. Okechukwu Ikejiani and the African Press Ltd, (publishers of The Tribune Newspaper) In 1953, Zik Enterprises Ltd (Publishers of the West African Pilot) and Others V. The Hon. Obafemi Awolowo in 1955. By way of a little digress, Dr. Okechukwu Ikejiani who was in 1960 made the Chairman, Nigerian Railway Corporation, had earlier been member, Board of the Nigerian Ports Authority (NPA) and Nigerian Coal Corporation, Enugu (NCC) and was also made Pro Chancellor and chairman of the Governing Council of the University of Ibadan. He was then, a close confidant to the Late Dr. Nnamdi Azikiwe and was resident in Ibadan. He had earlier been accused of unbridled nepotism in the appointment of people to the Nigerian Railway Corporation.
Dr. Okechukwu Ikejiani, was a lover of cars and was noted to have had on his stable a car known as “Thunderbird”, perhaps the best of his time, on the streets of Ibadan. He admitted at the Adefarasin Panel, on the affairs of the Nigerian Railway Corporation, late in 1966, that – “I love cars”.
In 1956, at the age of 39, J.I.C Taylor was appointed a Judge of the High Court of the Western Region. In 1960, he was elevated to the Supreme Court and he descended from the Court in 1964 to become the Chief Justice of the High Court of the Federal Territory of Lagos.
When Lagos state was created in 1967 and Brigadier Mobalaji Johnson became its Military Governor, J.I.C Taylor became its first Chief Justice. Whilst in office as the Chief Justice of Lagos State, an incident happened, which stood him out as a very bold, courageous and independent judge. J.I.C Taylor, then Chief Justice of Lagos State, had been invited to a State dinner by the Military Governor of the State- Brigadier Mobolaji Johnson and the invitation was brought by one of the Governor’s aides. Justice Taylor, after reading it, endorsed a brief note to the governor at the back of the invitation card, informing him that he would be unable to attend, because the Lagos State government had several cases pending before him and it would therefore, in the circumstances be most inappropriate for him to honour the invitation. That simple (unprecedented though) act of judicial boldness and courage, best captures the essence of the man- as a man among men, and a judicial icon and oracle.
Perhaps, in other climes, this feat could only have been surpassed, by the great Alfred Thompson Denning- commonly known as Lord Denning, who was an English Lawyer and Judge, with degrees in Mathematics (First Class) and Law in 1920 and 1922 respectively at the Oxford University. He had also, like J.I.C Taylor, descended from the House of Lords, to return to the Court of Appeal, as Master of the Rolls in 1962, a position he held for 20 years. In Denning’s 38 year career as a Judge, he was known as the people’s judge, a judicial activist and a man with a great penchant for justice. Denning in an instance had once said- “unlike my brother Judge here, who is concerned with the Law, I am concerned with Justice.” He died on the 5th of March, 1999, at the ripe old age of 100 years, at the Royal Hampshire County Hospital, Winchester, England.
Another true essence of J.I.C Taylor was displayed when he was made the Pro Chancellor of the University of Lagos, while still serving as the Chief Justice of Lagos State. J.I.C as the Chairman of the Governing Board of the University of Lagos was a hard nut to crack, with a huge principle and unsurpassed integrity. Other members of the Governing Council were Col. (now Maj. General Rtd) Olufemi Olutoye, and now Oba of Ido Ani, in Ondo State, (the Military Member), Mr. (now Chief) S. Ade John (Permanent Secretary, Ministry of Education,) Mallam Nuhu Bayero, Professors- F.O Dosekun, O.J Fagbemi, C.O. Taiwo, A.B Aderibigbe, A. Akinsanya and Mrs. B. Olumide.
According to Professor Saburi Biobaku, then as Vice Chancellor of the University had said of J.I.C- “attending council meetings of those days before the resignation was like going into a battle field” but described him however, “as a brilliant lawyer, a forthright judge, a strict disciplinarian and a stickler for procedure.” As Vice Chancellor, he briefed the then Pro-Chancellor once every week, but would rather wait for him at the office of Mr. R.A Bakare, the then Registrar of the Lagos State High Court, for the briefings. Nobody visits him in chambers.
J.I.C Taylor at the Council meeting of the Governing Council of the University of Lagos, on the 20th of September 1970 tendered his resignation as the Chairman of the Council, due to some inappropriateness, bothering on the interpretation of procedure, with regards to the appointment of persons in the University and ruled that his resignation should not be discussed.
As a judicial conservative, J.I.C Taylor believed in the principle of “lex lata” i.e. what is the strict interpretation of the law, rather than “de lege ferenda”, i.e. what the law ought to be, with a view, to be future law.
Despite a stern and principled life that bordered on asceticism, J.I.C was a sociable, principled, highly urbane, unassuming and cultivated man. Even though reserved and would rather prefer the company of a few select friends, he was a great sportsman and was prominent in the game of cricket between 1947 and 1949. He was a motor racing enthusiast and had a high collection of motor racing cars, including an “Aston Maria”. He was a very skilled ball room dancer and a lover of Juju music of the Late Akanbi Wright, alias Akanbi Ege, I.K Dairo, Adeolu Akinsanya alias Baba Eto and latter day Juju exponents- Ebenezer Obey and King Sunny Ade. J.I.C so much loved the music of Akanbi Ege, that he in fact financially supported him.
In the late 1950s, his only son was struck down by Polio. He was so much affected by this, according to the Late Fatai Williams, a one time Chief Justice of Nigeria, that- “he visited the boy who was then, no more than a toddler, everyday at the University College Hospital in Ibadan. Eventually, he became a recluse and hardly went anywhere”. J.I.C breathed his last to join the saints triumphants on the 7th of November, 1973 at the age of 56 years, while still serving as the Chief Justice of Lagos State.
In this season of anomie, this period of judicial mudslinging and irreverence, where are the likes of Justice John Idowu Conrad Taylor, Justice Kayode Eso, Justice Andrew Otutu Obaseki, Justice Bolarinwa Oyegoke Babalakin, that was a stickler for time, Justice Chukwudifu Oputa, Justice Teslim Olawale Elias, Justice Namman Nasir, Justice Sir Darnley (Omowale ) Alexandra – the Jamaican born Nigerian Chief Justice of the Federation, Justice Idigbe, Justice E.O Morgan, E.A Coker, Fatai Williams, Olumuyiwa Jibowu, J.A Kester, S.O Lambo, Louis Mbanefo, Adetokunbo Ademola, Udo Udoma, Quarshie- Idun- a Ghanaian Chief Justice of the Western Region and a host of other eminent jurists, who had contributed immensely to the development of Nigerian Case Law and jurisprudence, by adapting very admirably the principles of English common law to the Nigerian environment? Uniquely too, Justice Mamman Nasir, elevated to the Supreme Court in 1975, had also descended from the Court in 1978, to become the President of the Court of Appeal until 1992, when he retired.
J.I.C had set a very high ethical standard on the administration of Justice in Nigeria and greatly inspired many Nigerian Lawyers and Judges, who will not be found with the filthy lucre of unexplainable and ill-gotten wealth. The question had always been- where are these ethical standards of the olden days of J.I.C.?
As a parting epitaph on his passage, the then Head of State and Commander in Chief of the Armed forces of Nigeria- General Yakubu Gowon, in November, 1973, had described J.I.C in the following sweet terms- “In an age in which corruption, intrigues, backstabbing and the love of office and power are fast becoming virtues, Justice Taylor stood out from the crowd, with a detachment that has brought immense dignity to the high office of judge”
What a very apt epithet, to our contemporary Justice System and executive lawlessness, as was beautifully decried in the popular case of Ojukwu V. Lagos State Government.
J.I.C Taylor, may your soul continue to Rest in Peace.
Hon. (Barr.) Femi Kehinde. MHR
Legal practitioner and former member House of Representatives, National Assembly, Abuja 1999 – 2003, representing Ayedire/Iwo/Olaoluwa Federal Constituency of Osun State.
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