Politics
Oladejo Lamikanra, SAN, Sketches Policy Framework For President Tinubu On Effective Justice System
Oladejo Lamikanra, SAN, Sketches Policy Framework For President Tinubu On Effective Justice System
Given what many have described as broken criminal justice system in Nigeria, Oladejo Lamikanra, a leading Senior Advocate of Nigeria, SAN, has offered useful insights on effective justice system to President Asiwaju Bola Ahmed Tinubu who assumed office as President and Commander-in-Chief of the Armed Forces, Federal Republic of Nigeria on May 29, 2023.
Our reporters caught up with the legal eagle on the steps of Court of Appeal, Abuja.
Coming at a critical stage in the socio-economic and political fortunes of the most populous black country on earth, Oladejo Lamikanra is persuaded to offer suggestions to the Tinubu led administration in the interest of national growth, prosperity and confidence building.
He posits that the criminal justice system is, perhaps, the most important tool for the promotion of law and order in any functional society. He views effective justice system as a veritable tool for social engineering and rejuvenation.
To Lamikanra, an effective criminal justice system is one of the key pillars upon which the concept of the rule of law is built adding that it serves as a functional mechanism to redress grievances and bring violators of social norms to justice.
The SAN stressed that unless and until the courts system are equipped for efficient justice delivery and judges motivated and encouraged to perform at optimal level of output, the pursuit of encouraging business environment for investors would be difficult to achieve.
“Just last week, President Bola Ahmed Tinubu actively participated in a ‘Global Financing Pact,’ summit in France hosted by President Emmanuel Macron. He met and encouraged Nigerians and other investors to look at the direction of Nigeria under his watch for investment and enterprise. That is a good step. And that also informs the reasons I am persuaded to offer these sketches policy framework for effective justice system in a manner that would encourage citizens’ confidence and investors’ interests. Nigeria stands to harvest bountifully from those negotiations once our justice system is further strengthened,” Lamikanra stated.
He added that the current operational modes of correctional institutions should be reviewed to correct and reintegrate back into society and not to criminalise and incubate criminals.
The criminal Bar practitioners in Nigeria, according to Lamikanra, needs to conduct some reorientations as to how they could assist our courts to do better rather than being clogs in the wheel of speedy dispensation of justice.
“Our Police and law enforcement personnel could actually be collective force for good – if well motivated, educated and re-oriented to invest more in the Nigerian State and in our core values as a nation,” Lamikanra advised.
Significantly, the learned silk emphasises the roles of families and right parenting.
According to him, a cohesive nations invariably starts with a cohesive and functional family units across all cultures and tribe, pointing out that it is the Latinate tool for crime prevention and control.
With this conviction, the legal expert is of the view that for the Tinubu led federal government to succeed, the former Lagos State governor must re work the criminal justice system policy document which would reflect Nigeria’s unique social and diverse cultural orientations as well as define the institutional objective of the system in coherent and practical terms.
He noted that the administration should consider a framework for effective relationship between the components of the criminal justice system.
Notably, Lamikanra identifies near absence of case management strategy, overloaded and congested dockets, frivolous and useless actions that serve no purpose than to Easter the time of court and wear out judges, congest prisons, delay litigation and deteriorate standards of legal education in Nigeria.
He noted that a combination of these fundamental flaws and defects manifest at every processing point on the entire criminal justice system line that do not serve the current needs of the country.
In addition, Lamikanra explained that indiscriminate transfer of Police prosecutors could be partly responsible for incomplete investigations and delays to on going trials because of consequential and frequent adjournments.
He particularly pointed out what he describes as crippling, outdated and counterproductive style of policing, Correctional Services that has basically become warehouses for inhumane treatment of fellow human beings who could be reformed and reoriented to be useful to themselves and the society
Lamikanra advised Tinubu to ensure that necessary policies and legislation that facilitate fair trial are initiated and properly put in place. He emphasized that to restore investors and international community’s confidence, Tinubu needs to completely erase delays and other numerous defects in the country’s Criminal Justice system.
The Senior Advocate further pointed out that the Administration of Criminal Justice Act was signed into law in 2015 by former president Goodluck Jonathan to, among other things, reform the administration of criminal justice in federal courts across the country, needs to be strengthened through effective implementation and clause adjustments where necessary, adding that how well a country manages its criminal justice system affects its overall performance on the governance index.
“A country that gets its criminal justice system right has effectively addressed a quarter of its governance concerns because of the centrality of the criminal justice system to law, order and stability,” Lamikanra said .
He called for increased funding of the police and other prosecuting agencies and urged Tinubu to encourage compensatory and reconciliatory procedures in the criminal process adding that it would reduce the trial load in the court system and promote speed and efficiency.
Speaking on court, Lamikanra emphasized that the court system is the second most important component in a triangulated relationship of the criminal justice system involving laws, courts and enforcement agencies.
“It therefore becomes compelling to deploy adequate funding to courts,” he said.
Only recently, Oladejo Lamikanra, the experienced and highly respected SAN of the prestigious law firm-Creeks & Shield, Solicitors- led the argument that made a Federal High Court sitting in Yenagoa, Bayelsa State, to deliver a landmark judgment confirming the authority of the Nigerian Content Development and Monitoring Board (NCDMB) to collect the one percent Nigerian Content Development Fund (NCDF) levy from every contract awarded in the Nigerian oil and gas upstream transaction as mandated under section 104 of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act.
Before then, Lamikanra led the Peoples Democratic Party, PDP counsel in the Abdullahi Liman’s judgment which settled all the contending issues concerning the PDP arising from the dissolution of the Ali Modu Sheriff-led national working committee and validating the convention that produced the caretaker committee , among other legal land marks.
Rivers Crisis: PDP Governors Challenge Emergency Rule at Supreme Court
By George O. Sylvester
The political climate in Nigeria has taken a dramatic turn as governors of the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State. The emergency proclamation, made on March 18, saw Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly suspended for six months. In their place, the president appointed retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.
This move has sparked nationwide debate, with the PDP governors contending that it constitutes a flagrant violation of constitutional provisions. The plaintiffs—governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states—assert that the president lacks the authority to unilaterally suspend a democratically elected governor and deputy governor. In their submission, they argue that the appointment of a sole administrator is not only unconstitutional but also sets a dangerous precedent for Nigeria’s democracy.
A Legal and Constitutional Showdown
According to court documents filed by the PDP governors, the emergency proclamation contravenes several sections of the Nigerian Constitution, particularly Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended). Section 1(2) of the Constitution explicitly states that “the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” The plaintiffs argue that by suspending the duly elected governor and deputy governor, the president has usurped powers that the Constitution does not grant him.
Furthermore, the governors maintain that Section 305, which outlines the conditions under which a state of emergency can be declared, does not empower the president to suspend elected officials. The section provides that a state of emergency may be declared in the case of war, natural disasters, public disorder, or breakdown of law and order. However, the plaintiffs argue that the situation in Rivers State did not meet these stringent conditions.
The Eleven Flaws of President Tinubu: A Critical Analysis
By George O Sylvester
President Tinubu’s administration has been marred by several controversies and criticisms since its inception. This article provides an in-depth examination of eleven flaws that have been identified in his leadership style and policies, which may potentially impact the effectiveness of his administration.
1. The Insignificant Vice President:
The role of Vice President Kashim Shettima in the administration has been rendered insignificant, with many questioning his continued relevance. The Muslim-Muslim ticket that was used to woo Northern votes has been exposed as a mere gimmick, leaving the North East region feeling betrayed. According to Senator Ibrahim Shekarau, “The Vice President’s role has been reduced to mere ceremonial functions, a far cry from the robust engagement we expected.”
2. The Weak National Chairman:
APC National Chairman Abdullahi Umar Ganduje’s corruption allegations have continued to plague his tenure, despite his denials. The opposition has capitalized on these allegations, using them to attack the Federal Government. Governor Samuel Ortom noted, “Ganduje’s corruption allegations have damaged the APC’s reputation, and his continued stay as National Chairman is a liability.” Furthermore, Ganduje’s home state of Kano is now controlled by the opposition NNPP, led by Senator Rabiu Musa Kwankwaso.
3. The Liability Senate President:
Senate President Godswill Akpabio has lost credibility due to his handling of the Senate, which has been criticized for being chaotic. His corruption allegations and sexual harassment charges have become synonymous with his name, leading many to question his character and humility. Senator Ovie Omo-Agege stated, “Akpabio’s leadership style has been divisive, and his handling of the Senate has been chaotic.”
4. The National Security Adviser’s Questionable Integrity:
National Security Adviser Nuhu Ribadu’s threat to sue Najaatu Mohammad over corruption allegations against President Tinubu ended in embarrassment. His failure to follow through on his threat and subsequent denial of ever accusing the President of corruption have tarnished his integrity. Hon. Yusuf Gagdi noted, “Ribadu’s failure to take action against corruption allegations has raised questions about his credibility and integrity.”
5. The Minister of FCT’s Divisive Politics:
Minister of FCT Nwesome Wike’s appointment has been marked by controversy, with many questioning his suitability for the role. Wike, a former PDP member, played anti-party politics in Rivers State to support President Tinubu’s candidacy. Senator Ali Ndume stated, “Wike’s appointment has been a disaster, and his actions have further polarized the polity.”
6. The Buhari Camp’s Growing Discontent:
The politicians who supported President Tinubu’s candidacy, known as the Buhari camp, feel sidelined and are quietly regrouping to challenge the President. Former governor Nasir El-Rufai warned, “The Buhari camp feels betrayed, and their discontent may boil over into a full-blown crisis.”
7. Political Mercenaries:
Reno Omokri and Senator Shehu Sani, once vocal critics of President Tinubu, are now his vocal supporters. Their accusations against the President, ranging from Chicago controversies to drug trafficking allegations, have been conveniently forgotten. Senator Dino Melaye said, “Reno Omokri and Shehu Sani’s sudden U-turn is a classic case of political opportunism, driven by self-interest rather than principle.”
8. The Muslim-Muslim Ticket Mantra:
The Muslim-Muslim ticket mantra used to woo Northern votes has been exposed as a ruse. Northerners are poised to make fresh demands come 2027, which may not bode well for the APC-led government. Hon. Mohammed Monguno predicted, “The Muslim-Muslim ticket was a gimmick that has backfired, and the APC will pay the price in 2027.”
9. Nepotism in Appointments:
President Tinubu’s appointments have been criticized for favoring Yoruba elites, creating a perception that the President is building the Yoruba people above all other tribes in Nigeria. Forner Governor Ifeanyi Okowa noted, “The President’s appointments have been lopsided, favoring Yoruba elites at the expense of other regions.”
10. Seyi Tinubu’s Involvement in Underground Campaigns:
Seyi Tinubu’s involvement in underground campaigns is unlikely to yield positive results for the APC. This move exposes the President’s parental weakness, drawing parallels with the Abacha era. Seyi’s actions are disrupting Lagos’ political landscape, relying on financial influence rather than integrity. Senator Kabiru Gaya stated, “Seyi Tinubu’s actions are a reflection of the President’s weakness, and his reliance on financial influence rather than integrity will ultimately harm the APC.”
11. President Tinubu’s Shift in Leadership Style:
President Tinubu has transformed from a wise leader to a powerful one since taking office. He no longer values consultations, lobbying, and persuasions.”The President’s maiden speech was a clear indication of his disregard for democratic principles, and his unilateral decision-making style will lead to chaos.” – Hon. Kingsley Chinda
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