Wednesday, 6 August 2014

Day 51: My National Conference Exploits (Political Parties and Electoral Matters)

Tuesday 1st July 2014..... 

Conference resumed sitting at 9:11am presided over by the chairman.

Votes and proceeding of Monday 30th June 2014 were read, amended and adopted as amended. 

Announcement;  
The chairman called on delegate Amb Abdulmumuni Abubakar (AIG rtd), who requested to address the conference following his return from medical treatment. He expressed gratitude to delegates and management especially the secretary of the conference for concern and prayers during his period of hospitalization. 

The deputy chairman requested the underlisted committees to resubmit an original signature page of their respective report:

- Committee on National Security 
- Committee on Environment 
- Committee on Public Service 
- Committee on Land Tenure Matters and National Boundary 
- Committee on Religion 
- Committee on Public Finance
- Committee on Citizenship, Immigration and Related matters.

Well my Chair - Mrs Florence Ita Giwa (remember I was her deputy?) gave our committee report to me that one person didn't sign, instructed me to find the person and have him sign and return the report to the  conference management. This was the problem with our report (Environment).

The Chairman introduced two new delegates representing the All Progressive Grand Alliance APGA - Chief Victor Umeh and Alhaji Sani Shinkafi Abdullahi.  Some delegates were like haaaa'aaan; why now? To do what? Now? LOL! 

Anyway they stood up for recognition and were welcomed by delegates and management.

We continued discussion on the report of the Committee on Political Parties and Electoral Matters and later adopted and rejected some of the recommendations made by delegates and committee. 

Here are some of the adopted recommendations made by the committee and delegates; 

- Political debates shall be part of Nigeria's electoral process in line with global democratic traditions, culture and practices towards the deepening of democracy in Nigeria and a body or organization shall be accredited by the Independent National Electoral Commission (INEC) to undertake the hosting of the debate. 

- Candidates seeking election to the office of President, Vice President, Governor, Deputy Governor or such other office as may be deemed appropriate at every general election must  participate or attend a mandatory political debate which shall be hosted prior to the date of general election.  

- States Independent Electoral Commission (SIEC) be scrapped and its functions be transferred to the Independent National Electoral Commission (INEC). It was observed that the commission at that level has outlived its usefulness and has become a tool for governors to manipulate elections into local government councils.

- Review of the Electoral Act to further strengthen INEC`s capacity to effectively monitor party conventions.

- That Parties should be allowed to form and evolve on the basis of clear cut ideologies. 

- Minimum academic qualification for candidates seeking elective positions. For Presidential, Governorship and National Assembly candidates, should be first degree or its equivalent - Mandatory qualification.

- Candidates seeking to contest for States Houses of Assembly and Local Government Chairmanship elections are also expected to posses a first degree certificate or its equivalent while Secondary School Leaving Certificate or its equivalent was set as the minimum academic qualification for candidates seeking election as local government councilors.

- Establishment of a Political Parties Regulation and Electoral Offences Commission to be vested with various responsibilities connected with electoral matters.

Among the responsibilities of the Commission would be to investigate all electoral frauds and related offences; identify, trace and prosecute political thuggery; and other electoral offences as well as monitor the organization and operations of political parties, including their finances.

- Appeals from judgments in pre-election matters to the Court of Appeal or the Supreme Court should be filed within 21 days from the date the judgment of the lower court is delivered.

- Evidence Act be amended to shift the burden of proof in election matters to INEC. 

- Relevant provisions be made in the Electoral Act to ensure that no elected official is sworn in until all litigations on the elections are concluded.

- Any candidate adjudged by the courts to have been fraudulent in the electoral process should not only be barred from subsequent elections but should be disqualified from vying for any elective office or holding any government position for ten years.

- In addition any person removed from office, based on the decision of the court on fraudulent election, must lose all privileges attached to that office.

- If a candidate is disqualified by the court for not meeting the required qualification for contesting an election, or in situation where such a person is elected and the court orders him to vacate the office, the candidate with the second highest number of votes should be declared winner.

This recommendation, according to those that argued for it said it is to avoid waste of public funds to repeat elections consequent upon removal of disqualified candidate.

- On the appointment of INEC chairman - Justice Mohammed Uwais Report regarding the manner of appointing the INEC chairman was accepted.

- Any elected officials, executive or legislative who engages in cross-carpeting, regardless of the reasons for such, shall automatically forfeit his or her seat.

This provision, it said, shall not relate to cases where political parties merge to become a mega party. In such a case, Conference agreed that elected officials should have a choice to freely choose any political party they want to belong.

- Elected officers whose political parties, on whose platform they won election, later merge with other political parties after the elections should be allowed to retain their seats.

- Reservation of a defined quota for women and people living with disability in party hierarchy, however suggestion that 15 per cent slot should be reserved for persons living with disabilities was rejected.

- Accessible polling stations be established for persons with disability and that INEC should provide Braille ballot papers for the visually impaired persons.

- If a Candidate whose name was submitted to INEC dies or withdraws from election or is disqualified by a court of competent jurisdiction, the political party which nominated the candidate shall forward to the commission the name of the aspirant who scored the second highest number of vote at the primaries as the substitute candidate.

- Introduction of electronic voting system after the 2015 general elections. 

- Government should make efforts to demilitarize elections.

- Special mandatory provision should be made to compel INEC to electronically transmit result from all the wards upon conclusion of the counting process and that election results should be pasted at all ward levels.

- Government houses, cars and other facilities and resources should not be used for the partisan interests of any political party 

- It should be made mandatory by law for INEC to limit the numbers of voters in a polling unit to 500 as well as create as many polling units as the number of registered voters in every constituency.

As part of that, it was also agreed that the criteria for delineation of the units should be clearly spelt out for easy verification so that communities in need of redress and civil society organizations can have verifiable facts to seek redress.

-  In Multi-party systems, parties that can contest local government elections only, state elections only or federal elections should be allowed to exist. 

- Political party leadership and administration should be insulated from control and interference from chief executives of government at all levels, so that party independence is resorted. In so doing, the wishes of the party members as expressed through their votes will be reflected in party administration.

- May 29th should no longer be seen and observed as Democracy Day - don't know the new day recommended though, I will find out. (October 1st is the recommended Democracy Day).

- Public funds should not be used by elected politicians to fund the activities of their political parties.

- There should be continuous voters registration. 

- Political parties must keep proper record of funds raised and provide annual statements to the new political parties and electoral offences commission suggested to be established and also there should be an expenditure bar for political aspirants. 

- In order to enhance party independence and discipline, all members must submit to the principle of party supremacy. 

- There is need to place a ceiling on campaign financing. 

- Conference rejected the recommendation of the committee to rename the Federal High Court Constitution Court. Nigerians so believe in the miracle of changing names don't we? However conference accepted the establishment of a separate Constitutional  Court.

I have a story for you. 

One of our  (Youth) recommendations which was thrown out in two (2) committees was finally approved in this committee. This is the reduction of the age bar for participation of young people in politics. 

Tuesday 1st July 2014..... 

Conference resumed sitting at 9:11am presided over by the chairman.

Votes and proceeding of Monday 30th June 2014 were read, amended and adopted as amended. 

Announcement;  
The chairman called on delegate Amb Abdulmumuni Abubakar (AIG rtd), who requested to address the conference following his return from medical treatment. He expressed gratitude to delegates and management especially the secretary of the conference for concern and prayers during his period of hospitalization. 

The deputy chairman requested the underlisted committees to resubmit an original signature page of their respective report:

- Committee on National Security 
- Committee on Environment 
- Committee on Public Service 
- Committee on Land Tenure Matters and National Boundary 
- Committee on Religion 
- Committee on Public Finance
- Committee on Citizenship, Immigration and Related matters.

Well my Chair - Mrs Florence Ita Giwa (remember I was her deputy?) gave our committee report to me that one person didn't sign, instructed me to find the person and have him sign and return the report to the  conference management. This was the problem with our report (Environment).

The Chairman introduced two new delegates representing the All Progressive Grand Alliance APGA - Chief Victor Umeh and Alhaji Sani Shinkafi Abdullahi.  Some delegates were like haaaa'aaan; why now? To do what? Now? LOL! 

Anyway they stood up for recognition and were welcomed by delegates and management.

We continued discussion on the report of the Committee on Political Parties and Electoral Matters and later adopted and rejected some of the recommendations made by delegates and committee. 

Here are some of the recommendations made by adopted;

- Political debates shall be part of Nigeria's electoral process in line with global democratic traditions, culture and practices towards the deepening of democracy in Nigeria and a body or organization shall be accredited by the Independent National Electoral Commission (INEC) to undertake the hosting of the debate. 

- Candidates seeking election to the office of President, Vice President, Governor, Deputy Governor or such other office as may be deemed appropriate at every general election must  participate or attend a mandatory political debate which shall be hosted prior to the date of general election.  

- States Independent Electoral Commission (SIEC) be scrapped and its functions be transferred to the Independent National Electoral Commission (INEC). It was observed that the commission at that level has outlived its usefulness and has become a tool for governors to manipulate elections into local government councils.

- Review of the Electoral Act to further strengthen INEC`s capacity to effectively monitor party conventions.

- That Parties should be allowed to form and evolve on the basis of clear cut ideologies. 

- Minimum academic qualification for candidates seeking elective positions. For Presidential, Governorship and National Assembly candidates, should be first degree or its equivalent - Mandatory qualification.

- Candidates seeking to contest for States Houses of Assembly and Local Government Chairmanship elections are also expected to posses a first degree certificate or its equivalent while Secondary School Leaving Certificate or its equivalent was set as the minimum academic qualification for candidates seeking election as local government councilors.

- Establishment of a Political Parties Regulation and Electoral Offences Commission to be vested with various responsibilities connected with electoral matters.

Among the responsibilities of the Commission would be to investigate all electoral frauds and related offences; identify, trace and prosecute political thuggery; and other electoral offences as well as monitor the organization and operations of political parties, including their finances.

- Appeals from judgments in pre-election matters to the Court of Appeal or the Supreme Court should be filed within 21 days from the date the judgment of the lower court is delivered.

- Evidence Act be amended to shift the burden of proof in election matters to INEC. 

- Relevant provisions be made in the Electoral Act to ensure that no elected official is sworn in until all litigations on the elections are concluded.

- Any candidate adjudged by the courts to have been fraudulent in the electoral process should not only be barred from subsequent elections but should be disqualified from vying for any elective office or holding any government position for ten years.

- In addition any person removed from office, based on the decision of the court on fraudulent election, must lose all privileges attached to that office.

- If a candidate is disqualified by the court for not meeting the required qualification for contesting an election, or in situation where such a person is elected and the court orders him to vacate the office, the candidate with the second highest number of votes should be declared winner.

This recommendation, according to those that argued for it said it is to avoid waste of public funds to repeat elections consequent upon removal of disqualified candidate.

- On the appointment of INEC chairman - Justice Mohammed Uwais Report regarding the manner of appointing the INEC chairman was accepted.

- Any elected officials, executive or legislative who engages in cross-carpeting, regardless of the reasons for such, shall automatically forfeit his or her seat.

This provision, it said, shall not relate to cases where political parties merge to become a mega party. In such a case, Conference agreed that elected officials should have a choice to freely choose any political party they want to belong.

- Elected officers whose political parties, on whose platform they won election, later merge with other political parties after the elections should be allowed to retain their seats.

- Reservation of a defined quota for women and people living with disability in party hierarchy, however suggestion that 15 per cent slot should be reserved for persons living with disabilities was rejected.

- Accessible polling stations be established for persons with disability and that INEC should provide Braille ballot papers for the visually impaired persons.

- If a Candidate whose name was submitted to INEC dies or withdraws from election or is disqualified by a court of competent jurisdiction, the political party which nominated the candidate shall forward to the commission the name of the aspirant who scored the second highest number of vote at the primaries as the substitute candidate.

- Introduction of electronic voting system after the 2015 general elections. 

- Government should make efforts to demilitarize elections.

- Special mandatory provision should be made to compel INEC to electronically transmit result from all the wards upon conclusion of the counting process and that election results should be pasted at all ward levels.

- Government houses, cars and other facilities and resources should not be used for the partisan interests of any political party 

- It should be made mandatory by law for INEC to limit the numbers of voters in a polling unit to 500 as well as create as many polling units as the number of registered voters in every constituency.

As part of that, it was also agreed that the criteria for delineation of the units should be clearly spelt out for easy verification so that communities in need of redress and civil society organizations can have verifiable facts to seek redress.

-  In Multi-party systems, parties that can contest local government elections only, state elections only or federal elections should be allowed to exist. 

- Political party leadership and administration should be insulated from control and interference from chief executives of government at all levels, so that party independence is resorted. In so doing, the wishes of the party members as expressed through their votes will be reflected in party administration.

- May 29th should no longer be seen and observed as Democracy Day - don't know the new day recommended though, I will find out. (October 1st is the recommended Democracy Day).

- Public funds should not be used by elected politicians to fund the activities of their political parties.

- There should be continuous voters registration. 

- Political parties must keep proper record of funds raised and provide annual statements to the new political parties and electoral offences commission suggested to be established and also there should be an expenditure bar for political aspirants. 

- In order to enhance party independence and discipline, all members must submit to the principle of party supremacy. 

- There is need to place a ceiling on campaign financing. 

- Conference rejected the recommendation of the committee to rename the Federal High Court Constitution Court. Nigerians so believe in the miracle of changing names don't we? However conference accepted the establishment of a separate Constitutional  Court.

I have a story for you. 

One of our  (Youth) recommendations which was thrown out in two (2) committees was finally approved in this committee. This is the reduction of the age bar for participation of young people.

One of the Youth delegates , Hassan Rilwan, during his 3 minutes speech recommended that  the age of 25 years should be the minimum age for contesting election into the state House of Assembly. We tried to reduce the age bar of the state House of Assembly and House of Representatives in the previous committees but it faced resistance from delegates, this time we tried only one. He also spoke on how political parties select the age mates of his parents as youth leaders, this he explained to them is embarrassing to young people. 

After his speech we had to lobby and meet delegates to approve the reduction of the age bar of participation of young people in politics as this is one of the agenda of the young people. Most of the mails and tweets I got from young people before the conference were soliciting for the age bar reduction.

After the lobbying, time for voting came. Normally the recommendations are projected for delegates to read while the deputy chair read it out for adoption. 

Immediately they scrolled to a page, Hassan and I noticed a recommendation suggesting that 10 years be reduced in every political office which was way out of our scope of recommendation, we had to meet the secretariat to tell them to help us tell the deputy chair not to read that particular recommendation as that will provoke most of the delegates, but it was not working.  I had to muster the courage to go and meet the deputy chair where he is seated, told him to please not read this recommendation but the one we made which was in the bottom page - Over 400 eyes on me. Very hard! But at the end of the day the recommendation was adopted. 

I just wonder who made  that recommendation though. Youths have enemies in the conference! LOL!

- Also our recommendation that Youth leaders of political parties should not be more than 35 years was also accepted.

Though they are yet to accept a % for inclusion of young people in politics and political process. Most of the elderly delegates feel some young people have not got the potential to be handed leadership positions! Having a chat with some of them revealed that. Some of them openly told me "some of the Youth representative even at this conference are embarrassing, they did not show us any sign of seriousness". They told me they sympathize with the serious ones like myself and few others who have good intentions and made them very proud.

Hearing them, I would tell that you have not met the right young people; we have 40 year olds representing the youths in the conference -apologies to them but this is no Youth.  We have millions of bright young Nigerians, brighter than me, who you feel is serious and bright; far more knowledgeable with wisdom and intellect, but who will never be given the opportunity to showcase their talent. But I believe we are getting there.

The report of the Committee on Political Parties and Electoral Matters was then adopted as amended. 

After adopting the report of the committee,  we still had some time left, so instead of closing, the Chairman of the conference requested the Chairman of the next committee in line to present their report - Political Restructuring and Forms of Governance. 

The co-chairmen of the committee on Political Restructuring and Forms of Governance, General Ike Nwachukwu and Hon Mohammed Umara Kumalia presented the report of the committee.

Debate on the committee report will commence the following day.

Matter of Urgent National Importance:
Bomb blast at Monday Market in Maiduguri; the attention of conference was drawn to a fatal bomb attack at the Monday Market in Maiduguri,  Borno state, which occurred that day, Tuesday 1st July, 2014. The chairman requested the conference to observe a minute's silence in honor of the victims. 

The conference was also informed of the death of Elder-statesman, Alhaji Umaru Dikko which occurred that day, 1st July 2014. The chairman on behalf of the conference commiserated with the bereaved family.

We adjourned at 3:35 pm - Ramadan time to resume the following day at 9am.  

On Twitter: @Yadomah 
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Sunday, 3 August 2014

Day 50: My National Conference Exploits (Political Parties and Electoral Matters)

Monday 30th June 2014.. 

Conference resumed sitting at 09:10 am presided over by the chairman.

Votes and proceedings of Tuesday 26th June 2014 were read, amended and adopted. 

Modification of conference proceedings;

The chairman of the conference - Justice Idris Legbo Kutigi suggested to delegates that in view of the ongoing Ramadan Fasting, the sitting hours of the conference should be adjusted. He put forward for consideration. One; the conference should commence at 9:00am to 2:00pm, and resume 4:00 to close at 5:30pm. Two, the conference should start at 9am and run through 3:30pm.

The conference adopted the latter recommendation. In addition, the chairman proposed that given consistent complaints by delegates that they have been serially denied the opportunity to contribute to debates on committee reports, conference should allot two days to deliberate on each of the remaining three (3) committee reports. The first day should be devoted to presentation of the report, followed by debates on same. More debate and amendments will be taken the following day. 

Conference adopted these modifications as proposed by the chairman.

After that allegations and counter allegation, argument and counter argument began. 

Motion of Urgent National Importance; 

A delegate drew the attention of the conference to a publication in the Daily Trust newspaper of 30th June 2014, alleging that the deputy chairman of the conference - Professor Bolaji Akinyemi was lobbying delegates from the Northern parts of the country to support a purported new constitution as the outcome of conference deliberation. 

Arguments started as delegates were divided on whether the Conference Deputy Chairman - Professor Bolaji Akinyemi, should respond to it or not.

Some delegates were of the view that the publication should be dismissed as it was meant to distract the Conference from its set goals. They argued to the effect that: "those who are disappointed by the progress the conference has made so far are bent on scuttling it, this should be resisted".

Those who shared that position also challenged those behind the publication and requested that those who claimed to have been lobbied by the Deputy Chairman to step forward and justify their claims with evidence; failing, the Daily Trust newspaper that published the stories should be asked to apologise to the Conference.

Some delegates however raised a counter motion demanding that the Deputy Chairman should be allowed to explain himself since he was present at the sitting.

“Morality demands that the Deputy Chairman clears his name, he is a man of integrity and his integrity is on the line with this allegation  .”

Well, finally the Deputy Chairman said he will explain to the conference what actually happened. He denied ever lobbying anybody to adopt a new constitution which the publication alleged he was spearheading.

He explained that a few days ago, as was customary when they are contentious issues that have the potential of threatening the smooth progression of the Conference, he had approached political leaders at the Conference from both the north and the south separately, to discuss their differences regarding the issue of whether or not there was need for a new Constitution arising from the proceedings of the Conference.

He said it was normal for him or any member of the leadership to seek such diverse opinions from delegates across geo-political lines towards resolving any contentious issue that usually arise from the Conference before such issues are eventually put up for division at plenary.

He went ahead to mention names of people he met to discuss the issue and stated without any ambiguity that the issue of lobbying for adoption of a new constitution for the Conference was absolutely false as he only set out to ensure harmony between two opposing groups in the spirit of bridge building. 

Shortly after, the former Inspector General of Police, Alhaji Ibrahim Coomasie, who was also mentioned in the story, confirmed he was invited to the meeting by the Deputy Chairman but could not attend although he delegated a team of northern delegates to meet with the Deputy Chairman to discuss the issues involved. He affirmed to the explanation of the Deputy Chairman.

However "last Tuesday, I was told a new constitution has been written". He went ahead to mention Chief Raymond Dokpesi as the person who had invited him to a meeting and who later gave him a document which allegedly was published on the claims of representing the position of the Conference. And the way some of the content of the document was hidden from the head of the Northern Delegation. 

Chief Dokpesi who spoke next absolved the leadership of the Conference from involvement in the meeting he convened and the issuance of what he called a Working Document produced by the group which comprised delegates from the existing geo-political zones.

He said he and Professor Ibrahim Gambari had convened a meeting under the auspices of National Consensus Bridge-Building Group to discuss and close areas of differences regarding some critical areas of agreement and disagreement at the Conference.

Chief Dokpesi mentioned the controversy surrounding the creation of State Police which was resolved last week without any dissenting voice as one of such areas discussed and agreed upon.

The delegate noted that membership of the Group which he said he convened as a lobbying body without the knowledge of the leadership of the Conference cut across all the geo-political zones represented at the Conference.

He said three delegates were nominated by the group from each of the geo-political zones and that part of their agenda was analysis of all the reports submitted by the 20 Committees appointed by the Conference, particularly the recommendations of the committees.

Regarding the publication, Chief Dokpesi said it had nothing to do with the leadership of the Conference and that “there is nothing secret in the document,” declaring that it was a mere working document agreed upon by 15 of the 18 members of the group - See??? 15 out of 18 deciding for 492. There is God o! 

He declared: “I want to affirm irrevocably that the leadership (of the National Conference) has nothing absolutely to do with this Committee. This is a working document and not a final document.”

He however noted that Professor Auwalu Yadudu, a delegate, had approached him last week with a letter declaring that all the northern delegates were withdrawing from the group on the grounds that what the group was doing was sponsored.

Dokpesi told the conference, he did his best to convince Professor Yadudu that the activities of the group had nothing to do with the Conference leadership; and that the group was there to discuss and agree on certain contentious issues.

Professor Yadudu however was battling to be recognized to speak but was ignored. 

At the end of the explanation, the Conference Chairman -  Justice Idris Kutigi, GCON, said from all the explanations offered, it was clear that the leadership of the Conference knew nothing about the document in question.

He said while delegates were free to meet and discuss issues of interest regarding the Conference, “If you want to do anything for yourselves, please do so, but don’t include us.” He told delegates that the leadership of the Conference was seeing the document for the first time when it was presented to him during the plenary session by Alhaji Coomasie and insisted that the leadership had nothing to do with it contrary to what was speculated in the media.

After the fuss, 

A Bishop delegate on behalf of team representing Christian Association Of Nigeria (CAN) and the entire Christian community, felicitated with Muslims as they embark on an intense spiritual exercise, the Ramadhan.  He urged both Muslims and Christians to embrace the way of peace and harmonious co-existence as people and also urged Muslim to pray so their Muslim brothers will stop killings.

In response, another delegate - Secretary General of the Nigerian Supreme Council for Islamic Affairs accepted the goodwill of the Christian community on behalf of Muslims  across the country. He however urged Nigerians to stop branding Muslims  in Nigeria as supporting the acts of terrorism by the Boko Haram. He reiterated that Muslins are generally peace loving  and invited Nigerians to treat them as such.

The co-chairmen of Committee on Political parties and electoral matters - Senator Iyorchia Ayu and Sen. Ken Nnamani, GCON, presented the report of the committee to the conference.

Some of the recommendations made  by the committee;

- Any person convicted of any electoral offence should be disqualified for a period of ten years from the date of conviction; from contesting any election or holding any elective or appointive position either in government or political party. Such offences include registration offences, campaign finance breaches and breach of political party finance provision.

- Any action challenging the conduct of primaries by a political party shall be filed within fourteen days of the accrual of the cause of action.   

- Enforcement of a Code of Conduct for political parties already drawn up by the Inter-Party Advisory Council.

- In the course of screening nominees of the President for any INEC position, the Senate should set aside at least two weeks to allow for public objection, if any.

-  For parties to enhance party independence and discipline, all members must submit themselves to the principle of party supremacy and that elected members of the party must respect party decisions at all times.

- Biometric data of the Nigerian electorate should be captured, stored and used for elections in the country. In addition, INEC should ensure that the latest technology is deployed at all times in the conduct of elections as is the case in other jurisdictions.

- Relevant sections of the Constitution and the Electoral Act be amended to provide for independent candidacy during elections. 

The conference extended delibration on the report of the committee on Political Parties and Electoral Matters to the next sitting on Tueday, 1st July, 2014 - I will share with you more recommendation made by the committee in my next post... 

The conference adjourned at 3:34pm to resume on Tuesday 1st July 2014 at 9:00am.


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Friday, 1 August 2014

Day 49: My National Conference Exploits (National Security)

Thursday 26th June 2014...

Conference resumed sitting - of course after saying the national prayer as always at 9:15am presided over by the chairman.

Votes and proceedings of the previous day were read, amended and adopted as amended. 

On that day, conference considered the recommendations made on the committee on National security report which was not adopted the previous day due to the exclusive session held. 

Here are some of the recommendations made by the committee and additional recommendations made by delegate; 

- Henceforth, any state of the federation desirous of having a State Police Force can establish, fund and control it. The State Police will cover the state and operate within the laws enacted by the State Assembly.
 
- In addition to state police, sate laws should also provide for community policing. 
 
- State governors should be involved in the running of the Federal Police in their respective states. 

- Officers of the rank of Deputy Superintendent of Police in the Federal Police should be deployed to their states of origin - this to me doesn't make sense.
 
- To make the police more people friendly, an amendment to section 214 of the 1999 constitution was recommended so that The Nigeria Police Force will be called The Nigeria Police - Na by change of name ? - You may ask are you not part of the conference? I answer - not all recommendations adopted is adopted by all.
 
- Establishment of a National Border Patrol Force to secure and protect the nations border. The Border Patrol Force is to be domiciled in the Ministry of Defence.
 
- Creation of a Security and Intelligence Services Oversight Committee (SISOC) to map out our security architecture. 
 
The committee is to be composed of a retired Chief Justice of Nigeria as chairman, a former head of the Civil Service, and a former Director General of the State Security Service or National Intelligence, as members. 
 
- Establishment of Water Way Safety Corps to man the waterways and riverine areas. The corps is expected to perform similar functions as that of the Federal Roads Safety Corps (FRSC)    
 
- Government was mandated to enact a law that would impose speed limit on convoys of government officials and limit to the number of vehicle to be in such convoys. The number of vehicles in the convoys is to be determined by Federal Road Safety Corps in consultation with the Police and the Department of States Security Service.
 
Such a law is expected to reduce the recklessness of convoys of government officials which had in the past led to loss of lives; it would also reduce wastage of government funds. 

But we all know these police officers that are meant to be consulted contribute to the fleet of convoys in this country. This is the case of finding solution from the problem, result will be - problematic solution.

Further recommendations; 
    
- Retired military personnel should be mobilized and trained to fight terrorism - I so like this! If you see the faces of the retired military men in the conference when that recommendation was adopted eheeen! "As in" and "WTH" written all over their faces LOL? 
 
- Government was also mandated to set up Counter Terrorism Architecture to among others: harmonize national counter terrorism efforts; and provide the platform for foreign assistance.
 
It would equally interface between Nigeria and Africa Union (AU) countries especially contiguous states such as Niger, Chad, Cameroun and African Center for the Study and Research on Terrorism and engage the services of well trained counter terrorism operatives to work within the established in-country infrastructure.
 
- Federal character outlook of the military be reflected at the entry point into the Nigeria Defense Academy in cases of officers and at the recruitment stages and training depots, in case of soldiers, airmen, and sailors.
 
- Table of equipment including clothing should be updated regularly instead of waiting for the declaration of a state of emergency.
 
- Establishment of a Military Industrial Zone which will include but not limited to collaboration with the industrial and manufacturing sector in the area of research and development, production, use and support for military, training weaponry and equipment.
 
- Life insurance for all armed security personnel by government.
 
- Federal Government should set aside a special fund to rehabilitate and reconstruct the North East, which has suffered devastating attacks from Boko Haram.
 
- Communities such as Odi in Bayelsa State, Zaki Biam in Benue state and others that were destroyed in the process of restoring internal peace be compensated.
 
- On gender issue, the recommendation that government should ensure gender mainstreaming with respect to recruitment into the Armed Forces and the various security agencies was approved but one recommendation recurring 50% women inclusion in security outfits was strongly rejected. LOL! Some of the Women recommendations though...
 
- Compulsory life insurance for all armed security personnel by government as well as imploring the Federal Government to look into all pending Police Reform Committees/Panel Reports and implement their recommendations.
 
- Inspector general of Police should be the accounting officer of the Nigeria Police and be answerable to the Nigeria Police Council on financial matters.
 
- Government should review the procedure of using the military in the aid of civil authority in matters of internal security because the existing procedure referred to as the “blue and brown cards” which was signed by the Prime Minister in 1960 is obsolete.
 
- The Nigeria Air Force, should be more involved in the management of Total Radar Coverage of Nigeria (TRACON) in partnership with the Civil Aviation Authority in securing the country’s airspace.

- The abuse and misuse of police officers as guards and aides was recommended to be stopped. Saying more police officers are doing duties that they are not recruited to do. 

This reminded me of the aides of a delegate I saw the other day at the venue of the conference. More than 5 police officers and about 10 civilian guarding him; I had to ask the ones behind - "all of you for one person"? They gave me a look and continued following their boss.

Now this is just one, mind you there are more of such delegates, some with 5 police officers as guards some with more, some with less. See the drain in policing? These are officers that ought to secure and safeguard the people not the special people. 

Well, after adopting some of the recommendations and rejecting some, the 67 page report of the committee on National Security was adopted as amended.

We adjourned at 6:39 pm to resume on Monday. 

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Day 48: My National Conference Exploits (National Security)

Wednesday, 25th June 2014
Conference resumed sitting at 9:18am  presided over by the chairman.

Votes and proceedings of the previous day were read, amended and adopted as amended.

Twice on Wednesday, and for the first time since the National Conference was inaugurated on March 17 have we ever held a closed-door session, on the issue of national security.

The first session which started at about 9.18am was meant to consider the Report of the Conference Committee on National Security headed by a former Inspector General of Police, Mr. Muhammmed Gambo Jimeta and former Director General of the National Intelligence Agency, Chief Albert Horsfall.

After the deputy chairman of the committee presented the first part of the report of the committee on National Security, and reached the second part - intelligence gathering, he craved the indulgence of the chairman to excuse press men and women as this matter is rather discussed in close door.

The Chairman of the conference asked journalist to leave the hall immediately – many journalist in the conference including other delegates found this very offensive, saying the journalist were humiliated out, rather than requested to move out in a polite way – the chairman apologized.

After the presentation by the deputy chair of the committee, delegates started giving their recommendations on the matter of security – again the chairman asked if journalist should be called back or kept out, but some delegates and the management of the conference, decided to hold deliberation in close door, in the best interest of delegates. Some delegates however threatened to leave together with the journalist. Later everyone calmed down and proceedings continued.

My recommendation during my three (3) minutes presentation on the community on National Security;

- We must understand that the problem we are faced with is not a regional problem but a national problem. People take misery for breakfast, frustration for lunch, fear for dinner. Government spent trillions and billions on security but bombing, killing and adduction is still the order of the day, girls are still missing – what is been done with the money voted for security? We need to know.

- We want to see action, how come no terrorist was persecuted since this incidence started. Who finance them? 

- Nigeria is the wrong place to die, if you die in Nigeria you are nothing but a statistic, we need to respect our fallen brothers and sisters and have and appropriate data of them.

- Finding those missing girls is key, however protecting our public places like market, parks and schools is the padlock. We need to secure our schools.

- The least you can do this country today is stop spreading hate, say peace, do peace, preach peace, stop stereotyping. On that note I ended the speech.

So many recommendations were made by other delegates, which will be captured on my next post.

However, as Conference resumed in the afternoon to consider the recommendations contained in the report and some proposed amendments, a delegate raised an order of urgent national importance that Nigeria is playing- world cup by 5pm so the conference should close so that delegates can go and watch the match. Some unserious delegates agreed with that motion while others like myself, strongly rejected it saying we are here on a national assignment and the super eagles are doing a national assignment too so we shouldn’t ridicule ourselves by closing the conference to watch football while we are complaining that time is against us.

Immediately after that; Information about plans by Boko Haram to burn down 50 communities in Borno State was raised by a delegate who said he got a phone call from Borno and pleaded with people that have connection at the conference to please alert the security. Some minutes later the delegate thanked the conference, saying; he got a call from the SGF office asking him of details of this planned attack.

As the discussion progressed, news of a bomb blast at a shopping complex in Abuja was received by the delegates. After deep discussions, the Principal Officers of the Conference agreed that a closed door exclusive session to discuss the Boko Haram phenomenon would hold on Thursday morning.

However, the plan changed when a delegate, raised an objection to the arrangements and asked the Conference to reconsider its position and go into a close session immediately in view of the seriousness of the issues involved and that most delegates after the shocking news are not in the mood to vote.

At this point, Chairman of the Conference and former Chief Justice of Nigeria, Justice Idris Kutigi, GCON, mandated his Deputy and former Minister of External Affairs, Professor Bolaji Akinyemi, to clear the gallery and proceed with the closed-door session where delegates discussed freely on Boko Haram.

The session started with a retired general who led the Conference through the strategies involved in the war against Boko Haram. He traced the history of the insurgency and dazed delegates with information on what should have been done at the beginning that were not done.

In addition to poor intelligence gathering, he said low morale among the soldiers from remuneration to kitting, to provision of ammunitions were responsible for failure in the war against Boko Haram.

He said in fighting war against a group that exists in splinters, a group whose membership exists principally in the imaginations, would require extreme intelligent gathering and implementation without any attempt at politicking with facts.

Another speaker, a politician, said Boko Haram is thriving because they have been allowed to outsmart security agents in the area of funding and morale-boosting.

It was his view that people entrusted with the management of funds and proper application of other forms of resources meant to combat insecurity in the country have diverted such resources to personal use; a development which has resulted in the current state of affairs.

Another delegate, a journalist, said the growth and strength of Boko Haram were based on the wrong impression that the violent sect is a northern conspiracy against the southern parts of the country; especially the South South.

According to him, such a belief and other misconceptions have made the war against Boko Haram a failure when actually the real victim in the entire bloody affair is the Nigerian State.

“I don’t believe Boko Haram is a Nigerian issue,” said one of the outspoken female delegates from the far north.

She explained further: “I believe Nigeria is being invaded. But because we have massacred ourselves already, we are not organized to confront them. We must be united with government against terror. We are facing a declaration of war.”

Another delegate, a former ambassador, said the seeming failure of the war against Boko Haram was traceable to the inability to implement recommendations contained in various reports submitted to government by different formal and informal groups.

He said: “We must know how this thing started. We must know who the sponsors are. We must know the people involved. We must know the mission of Boko Haram.”

The delegate disclosed that Boko Haram has grown to a level where “its funding is offshore; its weapons accumulation is offshore; its training is offshore and its strategy is offshore.”

It was also disclosed that the war against Boko Haram cannot be won purely by military might except the country improves on its intelligence gathering method and most importantly win the hearts of the people.

A Christian religious leader in his contribution said it was time for everyone to open up on the issue of Boko Haram rather than pretend that nobody knows where the executors of the insurgency live or how they get their food. These insurgents, according to him, are no spirits. They live among the people, interact with the people and get their supplies from the people and communities. The genuine involvement of the local communities will go a long way in tackling the problem.

He said, “Boko Haram phenomenon is not a northern phenomenon. Boko Haram is a Nigerian phenomenon. A time has come for us to unmask the masquerade. A time has come for someone to tell us the home truth about Boko Haram.”

The delegate challenged delegates and other Nigerians especially those from the operational base of Boko Haram to locate the source of Boko Haram and identify who does the recruitment and expose the members to ideological thoughts.

It was his view that if the war against terror must be won, the sponsors “who give the terrorists weapons that are even superior to those used by the military must be exposed; even the parents who handover their children to be so radicalized must be brought to book.”

Another delegate said the action of security men who carry out reprisal attacks on communities where Boko Haram carry out their operation contributed to the lack of confidence and trust being exhibited by the people.

He said there was need to show genuine concern to the people and communities attacked by Boko Haram; and there must be concerted effort by the leadership of the country to show that the people deserve the required care and compassion.

It was also suggested that those who divert monies meant for security matters must be made to face the law if the trend must stop and if the security agencies must have the required equipment and logistics.

The morale of the countries security agencies and forces must receive adequate boost and the people must enjoy the trust and confidence of the leadership as a first step to fighting insurgency and other forms of criminal activities in the country.

Another delegate pleaded with the Federal Government to please hasten in the rescue of the abducted girls if not we will end up having female terrorist soon.

After the executive session, a delegates complained that only people from the north were called to speak and added "we were not called to defend the other side of the country". 

The deputy chair explained that he deliberately called on people from the north because only from them will facts be gotten- they still groaned.

Well, we adjourned at 6:55 pm to resume the following day at 9am to adopt recommendation made by the committee on National security.

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Day 47: My National Conference Exploits (Foreign Policy and Diaspora Matters)

Tuesday, 24th June 2014...

Conference resumed sitting at 9:10 am, presided over by the Chairman – the chairman always presides the morning session while the deputy chair takes over during the afternoon session when adopting amendments of committee reports since deliberation on committee reports started.

Votes and proceedings of the previous day were read, amended and adopted as amended.

Announcement:
Attention of delegates was drawn to the fatal bomb blast that occurred in Kano state the previous day, we observed a minute silence for the victims of the blast and resolved to send a letter of condolence to the federal government, the government and people of Kano state and the families of the victims of the blast.

The deputy chair announced a Christian prayer and memorial holy mass will be held for late Prof (Dr) Dora AKunyili on that day, giving the venue and time.

The committee on foreign policy and diaspora matters presented their report.

The committee chairman Professor Ibrahim Agboola Gambari presented the report of the committee in a diplomatic and educating way, the deputy chair of the committee was Ambassador Lawrence Ekpebu.

The report received praises by delegates and it seem to be the most less controversial committee report the conference has received so far.

Some of the recommendations and additional recommendations made by delegates were;

- Foreign markets for Nigerian goods and products should be encouraged from two perspectives which includes; seeking foreign investment whilst exploring markets for locally produced goods.

- Voting by Nigerians in Diaspora by 2015 was also adopted – are we ready really?

-  Having lost the ownership of Bakassi Peninsula through the decision of the International Court of Justice (ICJ), the federal government was requested to come up with a policy of resettlement of Bakassi indigenes.

- Delegates however turned down a proposal that Nigeria should review the Green Tree Agreement it entered in respect of the ICJ ruling on Bakkasi Peninsula with a view to reclaiming the ceded portion of the country’s territory.

Delegates resolved that government should promote discipline within the Economic Community of West African States through sanctions for violations and rewards for team players.

- There should be a clearly defined operational agenda to guide the implementation of the nation’s foreign policy goals and objectives at four critical levels: Lake Chad Basin Commission; West Africa (ECOWAS), Africa (Africa Union/ECA) and the world at large (United Nations and other fora).

- Conference resolved, the need to use its position to encourage the establishment of what it calls ECOWAS Brigade Standing Force, to ensure better economic transactions within the West African sub-region through promotion of trade and investment, Nigeria should work towards early introduction of a single currency in ECOWAS

- National Assembly to be encouraged to conclude its work on the Bill to create Diaspora Commission so that the president can give his assent.

The commission is to facilitate the engagement and accrual of full benefits including social capital remittances in the form of knowledge and experience and other dynamic benefits from millions of Nigerians in the Diaspora.  

- Nigerians in the Diaspora should be included in all relevant state affairs depending on their knowledge and expertise for the development of the nation and not only for cash remittances purposes.

- The Ministry of Foreign Affairs is recommended to develop and publish travel guides as is being done by other countries.

- As part of the country's duty to protect and defend the interest of its nationals  wherever they are, including Nigerians serving prison terms in foreign countries, it was proposed that prisoners exchange between Nigeria and any other country should be on equal terms.

In carrying out the prisoner’s exchange, emphasis should be made on the necessity to fully screen any prisoner who purports to be a Nigerian before any prisoner exchange is undertaken. This is to guard against cases of foreign convicts bearing Nigerian passports in foreign jails. 

- Call for curtailment of the excesses of first ladies and politicians who frivolously use diplomats abroad for unofficial purposes thereby distracting them from concentrating on their official duties.  

- Federal government should regulate donations by foreign agencies to Nigerian Non-Governmental Organizations  

The creation of an agency for External Aid that will coordinate all aid giving processes in the country was also part of the conference proposal. The agency which would be a parastatal of the Ministry of Foreign Affairs would have representatives from the Ministries of Finance, National Planning, Defence, Trade and Industry, Justice as well as Central Bank on its board. 

- Nigeria should make the teaching of French language compulsory in Primary and secondary schools, strategic foreign policy directive.

- The Nigerian passport should be renewed every ten (10) years instead of the current fiver (5) years. 

- Participation in peacekeeping operations should be seen as an important foreign policy tool, an avenue to build good will for Nigeria, and international relation strategy and a means to increase both capacity and professionalism of the Nigeria policemen and the armed forces, promote Nigeria's economic interests and the police. Every effort must be made to do it right.

The committee on foreign policy report was adopted as amended.

We adjourned at 5:42 pm – rare early closure to resume the following day 9:00am…..

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Day 46: My National Conference Exploits ( Law, Judiciary, Human Rights and Legal Reforms)

Monday 23th June 2014..

Conference resumed sitting at 09:16am, presided over by the chairman.

Votes and proceedings of Thursday 19th June 2014 were read, amended and adopted.

The chairman of the committee on Law, Human right and legal reform Hon Justice G.A Oguntade (Rtd), presented the report of the committee to the conference.

Some of the recommendation made by the committee and additional recommendation made by delegates;


- Henceforth, both the Attorney General of the Federation and that of the States would serve a single term of six years as against the present practice where the tenure is not fixed. Such an appointment would be by the President and confirmed by the Senate in the case of the Attorney General of the Federation; while the State Governor would make the appointment subject to confirmation by the State House of Assembly in the case of states.

Such an appointee who must be someone of unquestionable integrity must have qualified as a legal practitioner in Nigeria and must have been so qualified for a period not less than 15 years, any appointee to the office of AGF shall be removed from office by the President acting on a two-third majority vote of the Senate for failure to discharge the functions of his office whether arising from infirmity of mind or body or any other cause or for misconduct.

- The Offices of the Attorney General of the Federation and the states be separated from that of the Minister and Commissioner for Justice.

- Concept of plea bargain be completely abolished. This will enable criminal and corruption cases to run their full course in contrast to the present situation where people accused of corruption are set free after parting with a fraction of their looted public funds.

- Every state of the federation should have a State Court of Appeal that would serve as a terminal court for states on state matters except in cases of weighty constitutional issues, civil, liberties and matters of overriding public interest with the leave of the Supreme Court. When established, the headship of the State Judiciary would immediately shift from the Chief Judge of the State to the President of the State Court of appeal.

- The Federal Government is expected to, through the Consolidated Revenue Fund, provide the take-off grant for the establishment of the State Court of Appeal while Section 121 of the 1999 Constitution should be amended to make non-release of funds to the Judiciary a gross misconduct.

- Establishment of special courts, for instance anti-corruption courts to handle cases involving corrupt practices. Such courts would be devoid of the niceties and technicalities of the conventional courts such as preliminary objections, injunctions, interlocutory matters, among others. Such courts when established would have full powers of the high courts and are to be manned by retired High Court Judges of proven integrity.

- Henceforth, a retired Justice of the Supreme Court, shall, on the recommendation of the Chief Justice of Nigeria, be appointed to head the Federal Judicial Service Commission.

- On legal reforms, the committee recommended that the president should implement the policy recommendations directly and charge Government agencies to initiate the amendment of those acts relevant to their operations as recommended by the conference. 

- Conference recommendations should be taken to the court of public opinion/referendum if the need arises. 

- On Gender issues, specific recommendations were made on the need to abolish all discriminatory laws and practices against the female gender from our statute books and communities respectively. Recommendations were also made for the repeal of all subsidiary legislations that hold women down and subject them to all cultures, customs, traditions and practices that undermine their status as women, or that derogate from their welfare, dignity, interests and aspirations. 

- On the Nigerian Judicial system, the committee made specific recommendations aimed at restoring dignity to the judiciary which is losing credibility  by the day. 

- The committee recommended a review of the composition of the National Judicial council (NJC) but endorsed that headship and functions of the council be retained as contained in the constitution. Also review of the federal and state judicial service commission, with addition was recommended as most of the members of the NJC were members of the Federal and state judicial services commission as well.

- On sharia and customary legal systems, it was recommended that the status quo as provided in the constitution should remain while all matters emanating from the sharia and customary courts should end at the federal/state court of appeal as the case may be except in cases of constitutional significance, civil liberties and matters of overriding public interest. 

- On ways of removing delays in administration of justice, the committee recommended that rules of court covering both civil and criminal procedures as well as proper funding and outsourcing of the services of the legal aid council for efficient performance. It also recommended among others, that the practice of seeking leave of court in cases if mixed law and facts or facts alone should be abolished and that all cases from inferior courts should terminate at the state court of appeal except where issues of constitutional significance, civil liberties and matters of overriding public interest are involved. 

- Addressing the issue of independence of the Judiciary, the committee recommended that due process and fair hearing should be introduced in the process of removal of head of courts so as to confer greater protection and that arbitrariness and politicization of their removal should be stopped forthwith.

- Judgements of courts in Nigeria on the timely release of funds to the judiciary from the consolidated revenue fund should be enforced. 

- For greater financial autonomy of the judicial organ, it was recommended that the judiciary should be insulate from manipulative tendencies of other organs while all its funds (capital and recurrent) should be a first line charge on the consolidated revenue fund of the federation/state. 

- On appointment of Judicial officers, it was recommended that the positions of judicial officers should be advertised, done openly and transparently and essentially on merit. Those to be appointed should be interviewed and that the principle of seniority in appointment should always be considered. Similarly, in order to facilitate access to Justice, pre-action Notice, public officers protection act and the requirement of locus standi in Public interest litigation should be abolished while court ordered mediation and customary arbitration were to be encouraged to enhance alternative Dispute Resolution (ADR). 

 - Amendment of Section 291(3)(a) of the 1999 Constitution to read: “Any person who has held office as judicial officer of Superior Court of Record for a period of not less than 10 years shall, if he retires at or after the age of 70 years, be entitled to pension for life at a rate equivalent to salaries and all allowances of serving judicial officers of equivalent rank - the system that requires judges to turn in a certain number of cases or judgments quarterly without regard to the quality of the judgments should be discouraged while the working conditions of Judges should be improved.

- Appeals from the National Industrial Court should terminate at the Federal Court of Appeal except for matters of weighty constitutional significance, civil liberties, and matters of overriding public interest with the leave of the court.

- On prison; the committee recommended that prison be removed from the exclusive legislative list to the concurrent legislative list and that consolidated prison reform bill before the National assembly be passed into law as soon as possible. In addition, borstal homes and reformatories should be established in all states of the federation while fingerprints of every prisoner should be captured for records and information management. The committee also recommended that the issue of death penalty should be left for the states to decide.

- The committee saw the need and so recommended that tribunals of enquiry should be made an item under the concurrent legislative list just as well as establishment of electoral offences commission and electoral tribunal under the constitution; adding that the decision of such tribunals should not be subject the supervisory jurisdiction of the high court. 

- Convicted pregnant women or nursing mothers should be allowed to deliver and nurse their babies for two years before serving their sentences in prison. In addition, no awaiting trial prisoner shall be detained for longer than the period he or she would have served if convicted of the crime he is charged with.

- In order to make fundamental objectives and directive principles justiciable, it was recommended that inter Alia, the name "Federal Character Commission" be changed to "Equal Opportunity Commission" - same was recommended by the committee on religion as shared on my previous blog post. This according to the committee is to reflect it's mandate and scope; the National Health Insurance Scheme be expanded to accommodate all Nigerians; the universal basic education be extended to senior secondary 3 and that the socio economic rights contained in chapter 2 of the constitution be made justiciable as in chapter 4 while section 6(6)(c) should be retained to take care of rights contained in chapter 2.

- On National industrial court; appeals from the court should terminate at the federal court of appeal except for matters of weighty constitutional significance, civil liberties and matters of overriding public interest. aggrieved parties should have access to industrial arbitration panel without recourse to the office of the minister of labour.

- On election and electoral process, section 285 of the constitution which provides for 180 days for hearing and determination of election petition should be amended such that all interlocutory matters should be taken together with the main petition.  

- Cases of extra-judicial killings and human rights abuses are to be dispensed within a period of 12 months.

- Election petitions involving the position of Governor should end at the court of appeal, also election offences tribunal should be established to try electoral offences   

- Conference also asked for a provision for the conclusion of cases commenced before a Judge before transfer of such a Judge to prevent such matters starting all over again except in cases of death or retirement of such a Judge.

My recommendation during my 3 minutes speech;

- The need for a standing stenographer in court rooms.

- Introduction of the jury system - just to add some controversy and poke the lawyers.

- During court proceedings, lawyers should be allowed to wear suits while Judges wear the wig and gown. It's time we modernize our court rooms  - Some lawyers actually gave me a thumbs up on this while others almost strangled me, don't know they still revere the archaic outfit me. Oh my days! 

- I also spoke on promotion of Judges be based on quality of past trails and judgments.

The 117 page report of the committee on Law, Human Rights and Legal Reform after much deliberation was adopted even though an item was bracketed in the report – the recommendation that the Chief Justice of the Federation be made the number 3 or 4 position in place of the current order of precedence which relegated the Chief Justice of the federation to 5th position in the nations protocol list. Those for it argued that it is only fair to give the number 3 slot to the Judiciary as they are the 3rd Arm of Government after the Executive and Legislative. Some endorsed the committee report which suggest number 4 position. Some however were completely against the recommendation suggesting that the status quo be maintained as the position of CJN is not an elected position so it won’t be fair to upgrade it. 

Well, we adjourned at 6:41 to resume at 9am the following day. 

On Twitter: @Yadomah
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Monday 23th June 2014..

Conference resumed sitting at 09:16am, presided over by the chairman.

Votes and proceedings of Thursday 19th June 2014 was read, amended and adopted.

The chairman of the committee on Law, Human right and legal reform Hon Justice G.A Oguntade (Rtd), presented the report of the committee to the conference.

Some of the recommendation made by the committee and additional recommendation made by delegates;


- Henceforth, both the Attorney General of the Federation and that of the States would serve a single term of six years as against the present practice where the tenure is not fixed. Such an appointment would be by the President and confirmed by the Senate in the case of the Attorney General of the Federation; while the State Governor would make the appointment subject to confirmation by the State House of Assembly in the case of states.

Such an appointee who must be someone of unquestionable integrity must have qualified as a legal practitioner in Nigeria and must have been so qualified for a period not less than 15 years, any appointee to the office of AGF shall be removed from office by the President acting on a two-third majority vote of the Senate for failure to discharge the functions of his office whether arising from infirmity of mind or body or any other cause or for misconduct.

- The Offices of the Attorney General of the Federation and the states be separated from that of the Minister and Commissioner for Justice.

- Concept of plea bargain be completely abolished. This will enable criminal and corruption cases to run their full course in contrast to the present situation where people accused of corruption are set free after parting with a fraction of their looted public funds.

- Every state of the federation should have a State Court of Appeal that would serve as a terminal court for states on state matters except in cases of weighty constitutional issues, civil, liberties and matters of overriding public interest with the leave of the Supreme Court. When established, the headship of the State Judiciary would immediately shift from the Chief Judge of the State to the President of the State Court of appeal.

- The Federal Government is expected to, through the Consolidated Revenue Fund, provide the take-off grant for the establishment of the State Court of Appeal while Section 121 of the 1999 Constitution should be amended to make non-release of funds to the Judiciary a gross misconduct.

- Establishment of special courts, for instance anti-corruption courts to handle cases involving corrupt practices. Such courts would be devoid of the niceties and technicalities of the conventional courts such as preliminary objections, injunctions, interlocutory matters, among others. Such courts when established would have full powers of the high courts and are to be manned by retired High Court Judges of proven integrity.

- Henceforth, a retired Justice of the Supreme Court, shall, on the recommendation of the Chief Justice of Nigeria, be appointed to head the Federal Judicial Service Commission.

- On legal reforms, the committee recommended that the president should implement the policy recommendations directly and charge Government agencies to initiate the amendment of those acts relevant to their operations as recommended by the conference. 

- Conference recommendations should be taken to the court of public opinion/referendum if the need arises. 

- On Gender issues, specific recommendations were made on the need to abolish all discriminatory laws and practices against the female gender from our statute books and communities respectively. Recommendations were also made for the repeal of all subsidiary legislations that hold women down and subject them to all cultures, customs, traditions and practices that undermine their status as women, or that derogate from their welfare, dignity, interests and aspirations. 

- On the Nigerian Judicial system, the committee made specific recommendations aimed at restoring dignity to the judiciary which is losing credibility  by the day. 

- The committee recommended a review of the composition of the National Judicial council (NJC) but endorsed that headship and functions of the council be retained as contained in the constitution. Also review of the federal and state judicial service commission, with addition was recommended as most of the members of the NJC were members of the Federal and state judicial services commission as well.

- On sharia and customary legal systems, it was recommended that the status quo as provided in the constitution should remain while all matters emanating from the sharia and customary courts should end at the federal/state court of appeal as the case may be except in cases of constitutional significance, civil liberties and matters of overriding public interest. 

- On ways of removing delays in administration of justice, the committee recommended that rules of court covering both civil and criminal procedures as well as proper funding and outsourcing of the services of the legal aid council for efficient performance. It also recommended among others, that the practice of seeking leave of court in cases if mixed law and facts or facts alone should be abolished and that all cases from inferior courts should terminate at the state court of appeal except where issues of constitutional significance, civil liberties and matters of overriding public interest are involved. 

- Addressing the issue of independence of the Judiciary, the committee recommended that due process and fair hearing should be introduced in the process of removal of head of courts so as to confer greater protection and that arbitrariness and politicization of their removal should be stopped forthwith.

- Judgements of courts in Nigeria on the timely release of funds to the judiciary from the consolidated revenue fund should be enforced. 

- For greater financial autonomy of the judicial organ, it was recommended that the judiciary should be insulate from manipulative tendencies of other organs while all its funds (capital and recurrent) should be a first line charge on the consolidated revenue fund of the federation/state. 

- On appointment of Judicial officers, it was recommended that the positions of judicial officers should be advertised, done openly and transparently and essentially on merit. Those to be appointed should be interviewed and that the principle of seniority in appointment should always be considered. Similarly, in order to facilitate access to Justice, pre-action Notice, public officers protection act and the requirement of locus standi in Public interest litigation should be abolished while court ordered mediation and customary arbitration were to be encouraged to enhance alternative Dispute Resolution (ADR). 

 - Amendment of Section 291(3)(a) of the 1999 Constitution to read: “Any person who has held office as judicial officer of Superior Court of Record for a period of not less than 10 years shall, if he retires at or after the age of 70 years, be entitled to pension for life at a rate equivalent to salaries and all allowances of serving judicial officers of equivalent rank - the system that requires judges to turn in a certain number of cases or judgments quarterly without regard to the quality of the judgments should be discouraged while the working conditions of Judges should be improved.

- Appeals from the National Industrial Court should terminate at the Federal Court of Appeal except for matters of weighty constitutional significance, civil liberties, and matters of overriding public interest with the leave of the court.

- On prison; the committee recommended that prison be removed from the exclusive legislative list to the concurrent legislative list and that consolidated prison reform bill before the National assembly be passed into law as soon as possible. In addition, borstal homes and reformatories should be established in all states of the federation while fingerprints of every prisoner should be captured for records and information management. The committee also recommended that the issue of death penalty should be left for the states to decide.

- The committee saw the need and so recommended that tribunals of enquiry should be made an item under the concurrent legislative list just as well as establishment of electoral offences commission and electoral tribunal under the constitution; adding that the decision of such tribunals should not be subject the supervisory jurisdiction of the high court. 

- Convicted pregnant women or nursing mothers should be allowed to deliver and nurse their babies for two years before serving their sentences in prison. In addition, no awaiting trial prisoner shall be detained for longer than the period he or she would have served if convicted of the crime he is charged with.

- In order to make fundamental objectives and directive principles justiciable, it was recommended that inter Alia, the name "Federal Character Commission" be changed to "Equal Opportunity Commission" - same was recommended by the committee on religion as shared on my previous blog post. This according to the committee is to reflect it's mandate and scope; the National Health Insurance Scheme be expanded to accommodate all Nigerians; the universal basic education be extended to senior secondary 3 and that the socio economic rights contained in chapter 2 of the constitution be made justiciable as in chapter 4 while section 6(6)(c) should be retained to take care of rights contained in chapter 2.

- On National industrial court; appeals from the court should terminate at the federal court of appeal except for matters of weighty constitutional significance, civil liberties and matters of overriding public interest. aggrieved parties should have access to industrial arbitration panel without recourse to the office of the minister of labour.

- On election and electoral process, section 285 of the constitution which provides for 180 days for hearing and determination of election petition should be amended such that all interlocutory matters should be taken together with the main petition.  

- Cases of extra-judicial killings and human rights abuses are to be dispensed within a period of 12 months.

- Election petitions involving the position of Governor should end at the court of appeal, also election offences tribunal should be established to try electoral offences   

- Conference also asked for a provision for the conclusion of cases commenced before a Judge before transfer of such a Judge to prevent such matters starting all over again except in cases of death or retirement of such a Judge.

My recommendation during my 3 minutes speech;

- The need for a standing stenographer in court rooms.

- Introduction of the jury system - just to add some controversy and poke the lawyers.

- During court proceedings, lawyers should be allowed to wear suits while Judges wear the wig and gown. It's time we modernize our court rooms  - Some lawyers actually gave me a thumbs up on this while others almost strangled me, don't know they still revere the archaic outfit me. Oh my days! 

- I also spoke on promotion of Judges be based on quality of past trails and judgments.

The 117 page report of the committee on Law, human rights and legal reform report after much deliberation was adopted even though an item was bracketed in the report – the recommendation that the Chief Justice of the Federation be made the number 3 position in Nigeria, those for it argued that it is only fair to give the number 3 slot to the Judiciary as they are the 3rd arm of Government after the Executive and Legislative. Some however endorsed the committee report which suggest number 4 position in place of the current order of precedence which relegated the Chief Justice of the federation to 5th position in the nations protocol list. Some were completely against the recommendation suggesting that the status quo be maintained as the position of CJN is not an elected position so it won’t be fair to upgrade it. 

Well, we adjourned at 6:41 to resume at 9am the following day. 

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