Nigerians Should Pray For Mr President – Wifa

Barinua Moses Wifa is a Senior Advocate of Nigeria (SAN). In this interview with EMEKA ODOM, he speaks on the implementation of the UNEP report in Ogoni land, the judiciary and other national issues.

What is your take on the commitment of the Federal Government as regards the implementation of the UNEP report on Ogoni land?
Well let me say that it is commendable because at last something appears to be happening but we should not forget that as the name suggests ‘Ogoni Clean Up’ is a remediation of the harm that has been done to the environment in Ogoni land and by extension the Niger Delta area. So, it doesn’t say much more than that. It may create some opportunities but it does call for the need for the Federal Government to take another critical look at the issues of the Niger Delta region. I am happy that the Acting President has been going round the region to see things for himself. I don’t know if he has seen as much as he should. He has interacted with many people that I think may be influential in areas of this nature but I hope something good will come out of it. I think they are planning something like the ‘Marshall Plan’. We have had this plan for the past ten years or so. The problem of the Niger Delta is far beyond what I call the cosmetic approach of the interventionist agencies like the NDDC and the Ministry of Niger Delta. I think it requires some even much definitive approach by the Federal Government but notwithstanding the fact that we are still talking of restructuring, the country should still do something about the region.

Looking at the issue of 13% derivation as enshrined in the 1999 Constitution, are you expecting an increase above the current percentage?
Well, I have always had my difficulty about the 13% derivation because when you put up a figure like that it may appear immutable as if nothing can change but even if there is a desire to change, you find out that the political will is not there as so many interests will always need to be balanced. Some will even think that why will the people of the area producing the oil benefit to such an extent. Not less than 13% is what the Constitution says. It can go as much as 100%. I think there are better approaches to things like this. If we are realistic, we have the hydrocarbon sector and the solid mineral sector of the economy and both should be harmonized. If you tell somebody that is producing tin or bauxite that he will also get 50% of the revenue from the royalties or taxation of whatever they produce, then the one that has petroleum or gas in his land will know that there is equity and equality. This will make them accept the arrangement than when it is one sided. I have talked about parity in both sectors. My concern is about full-fledged restructuring which will include something more than increase in percentage. I am having in mind the need to revisit other arrangements we have in the 1963 constitution. Then, it was regions now it is states. We can have revenue shared in the ratio of 50%to the states, 30% to the Federal Government to take care of essential amenities and 20% to be put into a redistributable pool. I think it will demystify all these problems and angst pertaining to the president and
its politics or so. When you know that something is yours you take good care of it than when you think that somebody is giving it to you to manage you do it any way you feel like doing. That is the way I see it. I have in mind the need for fiscal federalism.

What is your take on the management of Mr. President’s medical leave?
I have my anxieties about this because naturally if they have come out to say the President is ill, that should have naturally elicited all the compassion we should give to somebody that is ill. It is not his making that he is ill but the way and manner his aides have managed the whole issue leaves much to be desired. The President is entitled to a vacation and also to take care of his health. My problem is that the presidency has not managed the issue well. They have not shown the needed transparency in telling Nigerians about the President’s health. Illness is not a crime it is more a misfortune so, if Mr. President is ill, it is natural that he takes care of his health but what I find intriguing is that they tell us that Mr. President is hale and hearty and yet tell us to pray for his health. It sounds to me as very contradictory. But if they had come out plain, I am sure that all Nigerians would be entitled to share the concerns of Mr. President and I don’t think that common compassion should have been anything that should have been denied the president but I think they have not handled it well. The argument that nothing is wrong because there is an Acting President overlooks the fact that both Mr. President and Acting President as Vice President are human beings and there is a provision in the constitution as to what happens if they are ill to the extent of not been able to perform. So I don’t think they should confuse the two. If Mr. President is not well, we should pray for him to recover and come back. Under section 144 of the constitution, the President may transmit through the National Assembly some information that he is going on leave. Well, he has also to transmit back to the National Assembly when he is going to come back. I think there is a lacuna there and they may have to look into it. I enjoin all Nigerians to wish Mr. President well but the presidency must be transparent about it because this is a matter of governance and not about sentiments.

What is your advice to Chief Justice Walter Onoghen as regards ridding the judiciary of corrupt practices?
One man cannot rid the judiciary of corruption or corrupt practices just as Mr. President alone cannot rid Nigeria of corruption. There should be a national call for a rebirth because all our core values have been bastardised. Only the acquisitions of wealth have been held much to be important.
The judiciary like other sectors of the society needs some reform measures. For instance I am not quite comfortable with the set up about how the judiciary should discipline itself. I will like a situation where the apparatus for disciplining judges is made more independent than the way it is at the moment.

Are you concerned about the politics that characterized the delay in his confirmation?
It was needless. Whoever advised Mr. President not to submit his name for confirmation must have misadvised him. Under the Constitutional provision, once the National Judicial Council NJC makes that nomination, the President has no discretion in the matter. His duty is to forward the name to the Senate for confirmation. If there are any reservations, he can act through the Senate to bring out whatever misgivings he may have. He has no discretion in the matter whatsoever. It is not his personal matter. There is a scheme in the constitution whereby, whether you are a Chief Judge of a state, or Chief Judge of the Federal Capital Territory FCT or of the National Industrial Court, once the NJC has met and forwarded your name to the appointing authority, that appointing authority does not have any discretion in the case of approval or forwarding the name to the Senate.
If there are any misgivings like I said, he should go through the Senate to say look, these are my misgivings and if those misgiving are genuine, the nominee will not be conformed and then the NJC can then go through another process of getting another person nominated. Ditto in the states, the Governor has no discretion whatsoever to withhold there commendation by the NJC. The governor is expected to submit the name to the State House of Assembly for confirmation.

Are you concerned as regards the preparedness of INEC to conduct the 2019elections conclusively?
Not just in 2019. Holding of elections is a process that leads to the ultimate determination of the citizenry to choose persons of their choice and the machinery for doing that must always be in place and must be got right.
Situations where so many Resident Electoral Commissioners (RECs) have not been appointed leaves cause for concern because not only are they to conduct the elections, they are to register persons who are eligible to vote. The entire machinery needs to be in place. I am concerned about this.

You recently celebrated your 80th birthday and you are still kicking on. What is your advice to younger lawyers?
Not only young lawyers. My advice is that they should keep doing what they know how to do and believe in the best through the grace of the Almighty God.

Source: Leadership