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Opinion

The Oracle: Ethics and Discipline in Law: Akin to Waiting For Godot (Pt.10)

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By Mike Ozekhome

Introduction

Today, we shall continue and conclude our discourse on the above issue. Please, read on.

ETHICS AND DISCIPLINE IN LAW: THE NIGERIAN PERSPECTIVE, A CASE OF WAITING FOR A GODOT?

In Nigeria the basic national ethics and discipline include self reliance, patriotism, loyalty to the nation, honesty, dedication to duty, obedience to authority, respect of elders and seniors in authority, participation in national service, payment of tax, reporting criminals and members of cults to the police, assistance to the poor and the needy, parental care, participation in an election, protection of government property and contribution to national development.

The observance of these ethics and discipline in national life would instill national consciousness on the people. Once a person examines his conduct in line with its effect on the nation, he is bound to participate in the activities that will bring good name and development of the nation.

Discipline is not only historically determined but also part of man’s social nature. Similarly, indiscipline is socially determined and occurs when there is a violation of defined social order. Hence, indiscipline is not a personality trait that is inherent among some group and absent in others. Prevalent social, economic and political conditions of society can breed discipline or indiscipline.

There are various causes of indiscipline and likewise their solutions. As such any control measure taken for un-disciplinary behaviour must be appropriate to the cause in order to be effective.

Primarily, the major causative factor of indiscipline centres on the issue of equity and social justice in relation to resources allocation. If it is positive discipline would be installed, if negative indiscipline would be installed. No other means, such as Structural Adjustment Programme (SAP) or IMF prescriptions can instill discipline in society.

It is the non observance of national ethics and discipline in Nigeria that has given rise to fraud (419), political unrest, embezzlement of public fund, corruption, indiscipline, forgery, armed robbery, cultism in higher schools of learning, bribery, religious bigotry and fanaticism, exam malpractice, vandalism, and smuggling.

CONCLUSION

Ethics, morality and discipline have been jettisoned in the conduct of national life for financial gains. Much of the Nigerian problems in terms of development are resultant effect of none observance of ethics and the standard of ethical conduct in national affairs.

A nation is said to be developed when the standard of her discipline and social structures are measured in comparison with others in the developed society.

It is lack of discipline or the non observance of it that characterize Nigeria national life. That’s the reason the Nigeria state has failed to catch up with other developed nations of the world.

Since 1960, when Nigeria started to manage its own affairs, the nation has not been fully developed to match up with other civilized countries of the world.

Indiscipline and corruption has eaten deep into the fabrics of the nation. Chinua Achebe in his book pointed out that “knowledgeable observers have estimated that as much as 60% of the nation’s wealth is regularly consumed by corruption.”

In today’s Nigeria, over 60% of the nation wealth is being pocketed by public office holders; this has helped to slow down the developmental growth of Nigeria nation.

In every aspect of national life (social, political, economic, religious and cultural) it is the observance of ethics and discipline that guide the conduct of individuals towards such activities that stimulate national development.

If politicians and business men in Nigeria observe the ethics and discipline of their occupation; rigging, falsification of election results, embezzlement of public fund, fraud, fake product and smuggling that hinder the development of Nigeria would cease to exist.

If Nigeria teachers, religious leaders, civil servants, politicians and traders should imbibe national ethics and discipline and apply it in their daily life, Nigeria will see significant growth in national development.

One of the problems of Nigeria not matching up in development like other western countries is due to lack of ethics and discipline among the people. Once Nigerians start observing these two norms in the conduct of their affairs, every other activity in national life would change to develop the nation.

Nigeria is highly blessed with human and material resources, the utilization, development and consumption of the resources must be conducted with regard to the ethics and discipline of the nation.

It is the avoidance or non observance of the basic national ethics and discipline in the utilization, development and consumption of national resources that bring underdevelopment to Nigeria. Nigeria citizens should learn to observe and apply discipline in the conduct of their activities.

It is only through observance and application of ethics and discipline that Nigeria could develop to an acceptable standard in the global community of nations.

In the paraphrased words of the Nigerian incumbent Vice President, Yemi Osinbajo in an event which featured Prof. Marc Le Menestrel, a professor of Decision Sciences; Chairman of Governing Council, Institute of Directors, Chief Chris Okunowo; and Dele Alimi, DG/CEO, Institute of Directors: 

“The collapse of many Nigerian financial institutions from the nineties to the more recent occurrences in 2009 is a pointer to the fact that “on the long run, unethical practices are unsustainable.

The development and sustenance of viable enterprises is no longer dependent on the size of the corporation and related factors but sound ethical practices imbibed by all stakeholders

The theme of the conference is a challenge to conquer in our own interest the new frontier in business ethics, ethical leadership and sustainability.

The frequent clashes between conscience and wrongful behavior will eventually create a toxic work environment and destroy corporate objectives and visions.

There is also enough history of how cutting corners and dishonesty ultimately bring down the whole enterprise.

This we have seen in the facts behind the collapse of many Nigerian financial institutions from the nineties to the more recent occurrences in 2009.

Yes, it took a while for the institutions to unravel but the point is made that on the long run, unethical practices are unsustainable.

Besides for quoted companies, the dangers of unethical behavior are much graver.

Local and international investors have greater access to information and more options than ever before, the slightest whiff of scandal or malfeasance can destroy value built up over the years.

The local and, especially the international examples of the collapse of companies thought to be too big to fail and brand names that had even once been associated with integrity and strong business ethics is a strong reminder of just how brittle edifices built on weak business ethics are.

Today, every company’s stakeholders are far more than investors, management, or employees.

They now include customers, clients, trade partners, suppliers, media, the general public, government and now, the environment.”

Chinua Achebe had the following to say about Nigeria in his book titled There Was a Country had the following to say:

“Nigerians are what they are only because their leaders are not what they should be.” pg. 10

“A true patriot will always demand the highest standards of his country and accept nothing but the best for and from his people. He will be outspoken in condemnation of their short-coming without giving way to superiority, despair or cynicism. That is my idea of a patriot.” pg. 16

“Look at our collapsing public utilities, our inefficient and wasteful parastatals and state-owned companies… If you want electricity, you buy your own generator; if you want water, you sink your own bore-hole; if you want to travel, you set up your own airline. One day soon, said a friend of mine, you will have to build your own post office to send your letters!” pg. 20

“I must now touch, however briefly, on the grace undermining of national discipline which the siren mentality of Nigerian leaders fosters. In all civilized countries the siren is used in grave emergencies by fire engines, ambulances and the police in actual pursuit of crime. Nigeria, with its remarkable genius of travesty, has found a way to turn yet another useful invention by serious-minded people elsewhere into a childish and cacophonous instrument for the celebration of status.” pg. 34

“My frank and honest opinion is that anybody who can say that corruption in Nigeria has not yet become alarming is either a fool, a crook or else does not live in this country.” pg. 37

“Knowledgeable observers have estimated that as much as 60 percent of the wealth of its nation is regularly consumed by corruption. I have no doubt that defenders of our system would retort: Mere rumor! Where is the proof? No one can offer ‘satisfactory’ proof for the simple reason that nobody issues a receipt for a bribe or for money stolen from the public till.” pg. 41

However, in the Nigerian legal profession the Rules of Professional Conduct for Legal Practitioners is well instilling extolling ethics and discipline in law, even though some bad eggs may scramble tirelessly to whittle it down. We do hope that a more coercive and corrosive machinery will be set up or the existing one accorded more vent and pep to ensure the applicability of the rules to all and sundry in the legal profession because a situation where the rules become like a cobweb that entangles the small spiders and make the big one go scot-free, ethics and discipline will be moribund. A fearless, daring and undaunted enforceability of the rules is key to having a profession where ethics and discipline reign supreme.

The End

FUN TIMES

 “I Amaka don use holy water drink abortion medicine now the baby don turn to twins.. miracle no dey tire Jesus”.- Anonymous.

Thought for the Week

“Divorced from ethics, leadership is reduced to management and politics to mere technique”. (James MacGregor Burns).

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Opinion

Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67

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By CDS Omon-Irabor Esq

Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.

The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.

Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.

This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.

He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.

The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.

The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.

There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.

Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.

In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.

Obokhian, amonghon, iyare iyare, mooooooh.

CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland

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Opinion

Mr. President: Affordable Fuel is Possible at Zero Subsidy

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By Dr. Aliyu U. Tilde

Yesterday evening, I listened attentively to a panel of experts and stakeholders on the BBC program Ra’ayi Riga, anchored by Umaima Sani Abdulmumin. The program ended with a big doubt in my mind regarding a matter purported to be a provision of OPEC and crucial to the price of petrol in Nigeria.

Tyranny

I could not fathom how particularly the representatives of NNPC and IPMAN stressed that Nigerians will be at the mercy of two variables: the international market and the price of the US Dollar in Nigeria. They said OPEC agreement compels member countries to sell allocated domestic crude at international rate even if refined locally. One of them even said the Iran-Israel conflict can cause domestic price of petrol in Nigeria to rise.

So we should expect higher fuel prices anytime the rate of the dollar appreciates in Nigeria and also when, for any reason, there is a rise in the cost of crude in the international market. It is the rule, according to them. Our fate, they claim, is sealed, regardless of our OPEC membership and Dangote refinery. Nigerians will no longer have a stable fuel price.

Trust me, in Nigeria, the equation will be simultaneous. At any given moment, a reason will be found to use either or both parameters to increase pump price. The target of government is to extract more revenue from citizens while the businessmen in Dangote, Major Marketers, NNPCL and IPMAN continue to feed their greed for endless profit with our blood.

One would wonder why OPEC would be so oppressive in inflicting such tyranny on the citizens of its members. Senator Ndume, who was in the panel, said if he cannot understand why, how would they expect a commoner sitting under the tree to do so?

The truth

The truth is that there is no provision like that in OPEC agreements. In fact, the very idea of domestic crude quota arose in realization that citizens of member countries may need to enjoy cheaper oil than the international market price. That is why those citizens have been enjoying cheaper fuel for the past five decades in different countries. Many still do. Why not Nigerians?

If you ask ChatGPT whether OPEC agreement compels member countries to sell crude for domestic consumption at international market price only, this is the answer you get:

“OPEC (Organization of the Petroleum Exporting Countries) does not directly compel member countries to sell crude oil for domestic consumption at international market prices. OPEC’s primary role is to coordinate and unify petroleum policies among member countries to stabilize oil markets and secure a steady supply of oil.

“However, OPEC’s production quotas, agreements on output levels, and policies can indirectly influence domestic oil pricing. In practice, many OPEC members choose to sell crude oil domestically at subsidized rates or prices lower than the international market. This decision is made at the discretion of individual member countries, often as part of national energy policies aimed at supporting domestic economies and industries. Nonetheless, these policies may vary from one member country to another depending on domestic priorities and economic strategies.

“There is no formal OPEC rule that requires domestic sales to match international prices, though it can be influenced by international agreements and market pressures.”

The Truth

The truth is that the President and Minister of Petroleum can sell our 445,000 barrels a day to Dangote at even N50,000/barrel after taking into consideration the cost of extraction and OPEC will not raise any eyebrow. Dangote can charge the cost of refining, add his profit and sell to NNPCL and IPMAN at, say, N300/litre. On their part the marketers will add their cost of transportation, storage, profit, etc., and sell it to Nigerians at N400/litre. And—boom—we all will be happy.

It is entirely the discretion of the President and his government. So whoever wants to sell our locally produced fuel by that simultaneous equation is on his own. There is no OPEC in the equation.

The Squeeze

Also, among those who would fight against Nigerians enjoying affordable fuel rates are the IMF, World Bank and the West generally. They want the government to squeeze us the more such that we can service our debts and collect more loans from the Shylock. The age long philosophy is: our poverty, their wealth; our pain, their joy.

Added to these are local liberal economists who believe in high taxation, claiming that the blood money will be used to develop our infrastructure, health, education, etc. It is just the same old bunkum selling since 1986 at the debut of Naira devaluation while our infrastructure, hospitals and schools continue to deteriorate in rebuttal of that thesis.

A Call

I call on the President to consider the low income status of our citizen. Only affordable fuel price will hold together our social fabric, ensure our prosperity and guarantee our security. It is zero subsidy because we are not buying it from anyone. It is our oil.

The President must keep in mind that the IMF and oil magnates are not his partners in 2027. He is on his own. They will be there to outlive him and work with the next President. Let this sink into his psyche. Tam!

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Opinion

Happy 64th Independence Day!

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By Oyinkansola Badejo-Okusanya

From July 2011 to May 2015, it was my honour to serve the government and people of Lagos State as General Counsel to His Excellency, Mr. Babatunde Raji Fashola, SAN CON, the Governor of Lagos State. As one of my tasks, I had the honour of being the Governor’s speechwriter, and early this morning, as the clock chimed midnight, ushering in yet another October 1, I found myself reflecting on how far we have come as a nation. “Does our progress reflect our age?”, I asked myself. I really don’t know. My thoughts then turned to 10 years ago and I remembered the Governor’s 54th Independence Day speech, the 1st draft of which I was privileged to pen. The Governor’s words on October 1, 2014, ring as true today as they did then and I thought it was worth sharing excerpts from his speech. Happy reading!

“…Today, October 1, 2014, we are once again celebrating the anniversary of our independence from British colonial rule. Today marks 54 years since Nigeria became an independent sovereign nation, following the germination of a seed that had been sown seven years earlier, when in 1953, Anthony Eromosele Enahoro introduced a private member’s bill demanding self-government. When the British “Union Jack” flag was lowered for the last time and the green-white-green Nigerian flag was hoisted in its stead, the crowd went wild with jubilation, filled with high expectations of a greater tomorrow.

We can only imagine the exultant joy felt by our first Prime Minister. Abubakar Tafawa Balewa, when he mounted the podium on October 1, 1960. In his first Independence Day Speech he said:-

“This is a wonderful day, and it is all the more wonderful because we have awaited it with increasing impatience, compelled to watch one country after another overtaking us… when we had so nearly reached our goal.”

Indeed he mirrored the views of millions of Nigerians and echoed their thoughts. Independence Day soon became easily the most significant day in our national life, accorded a pride of place that was difficult to surpass. Independence day became synonymous with sights of the President and the State Governors in open-top vehicles inspecting Guards of Honour, of beautiful parades, exciting fireworks and National Day Award ceremonies. October 1 also became the day on which political batons changed, and elected officials handed over to their successors. A day for inspiring speeches and sober reflection on our growth as a nation.

As a school boy, I remember struggling hard to get selected to march for my school in the National Day Parade, the endless rehearsals, and the keen anticipation of waiting to see if I would be picked. There was no prize given and none was expected. It was enough that your school had participated.

“Left, Right, Left, Right, Eeeyes Right!” And on the sidelines, children cheering us on with their own rhymes – “dem dey look una, make yanga, dem dey look una, make yanga, Left Right, Left Right!

Filled with excitement, we would add more ‘yanga’, trying hard, but not quite suceeding, to match the synchronisation of the armed forces. After it all, bursting with pride, those of us fortunate enough to have been selected to march for our school would milk our success for weeks afterwards, wearing our school uniform with pride, basking in the recognition as we went to and from school in public transportation and displaying a sense of superiority over our “less fortunate” schoolmates. Such was the depth of our civic pride.

Today, sadly, the excitement has waned. October 1 appears to have now become a hollow ritual and regrettably, no more than just another work and school-free day. The flame of our national pride seems to flicker. This is not how it should be.

What is the importance of a day like this? What does it mean to you? What should it mean to you? All over the world, Independence Day anniversaries are celebrated with great fanfare, splendour, respect for the nation and a deep sense of patriotism.bln some countries, festivities leading up to Independence Day start up to three weeks earlier. Some hold Independence Day beauty pageants; some re-enact their independence, others play the National Anthem on the dot of midnight on all radio and TV stations. All put country before self, at least for that day. We should not be any different.

In that historic Independence Day speech, Prime Minister Tafawa Balewa also said:

“Words cannot adequately express my joy and pride at being the Nigerian citizen privileged to accept from Her Royal Highness, these Constitutional Instruments which are the symbols of Nigeria’s independence. It is a unique privilege, which I shall remember forever, and it gives me strength and courage as I dedicate my life to the service of our country.”

Noble words indeed, and the words upon which the foundation of our nation was built. It seems to me that there is no better time to rekindle the flame of Nigeria’s promise than now. We should reflect on Prime Minister Tafawa Balewa’s words and re-dedicate ourselves to the service of Nigeria. In other words, we ought to see October 1 as a day to rekindle our national pride.

Let us patriotically reaffirm in our hearts that, Christian or Muslim, we are one nation under God; that North or South, we are one indivisible people; that whatever our political affiliations, we are all Nigerians, and that what binds us together far outweighs what little divides us.

We will yet attain those great lofty heights we sing so gustily about in the second stanza of our National Anthem. And I pray it will happen in my lifetime.

So help us God.”

Happy 64th Indepencence Day anniversary, dear colleagues. Please spare a prayer for Nigeria on her 64th birthday post independence. May God help us to build a nation where no man is oppressed so that with peace and plenty, Nigeria may be blessed. Amen.

Oyinkansola Badejo-Okusanya, FCIArb,
was General Counsel to the Governor of
Lagos State from July 2011 to May 2015.

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