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Thursday, June 6, 2013

Nigeria will break-up if Jonathan did not act fast to prevent the situation –Sagay

Prof. Itse Sagay (SAN) is a renowned constitutional lawyer whose views are highly sought in the country and beyond. In this interview with our source he speaks on Nigeria’s democratic journey, the NGF crisis, state of emergency and other sundry issues. Excerpts:

Nigeria celebrated 14 years of Democracy on May 29. How will you assess the journey so far?
It has been a very disappointing outcome. We have had civil rule but very little of democratic rule. People seem to have lost nothing of the autocratic and despotic misconduct that resulted in the demise of the First Republic. They seem to have gained nothing from those experiences of lack of democratic orientation, of oppression, of opposition. In addition to that, there is the tendency to accumulate power and resources for self rather than for country. So we have not learnt anything. Democracy requires discipline. It requires an orientation of the mind which enables it to accept the fact that it could lose power and that it is the verdict of the majority whose votes really count that determine whether you are in power or not. None of these things have been accepted. Those in power never willingly accept that the majority can give a result which can turn them out of power. What we saw in Ghana has never happened here and if those in power, particularly the PDP, are allowed to have their way, it will never happen regardless of what the result of elections actually are. Right now we are looking at an example. Virtually the whole of the country watched an election by 35 governors and the result was transparent and clear. Rotimi Amaechi won by 19 votes, Jonah Jang lost with 16 votes.  What has happened? The losers in a bare-faced, shameless and totally anti-democratic behaviour have rejected the result and Jang is now declaring himself the chairman of NGF and is asking the person who won the election to cooperate with him. That is barefaced audacity which shows you that those ruling us are anti-democratic and lack shame and any moral underpinnings of their character and they can engage themselves in barefaced lying and thuggish behaviour which assumes that the rest of us in the Nigerian population are idiots who have no idea about what is going on. So, that is a perfect example of what I am talking about. These are the rulers and if they will not accept a free and fair election and instead declare a loser as winner and carry on without shame and embarrassment  as if what they are doing is correct, then the level of moral decadence which is destroying our democracy is very high. So, that is the problem with our democracy. We do not have enough people among our political elite who are morally and also in terms of political maturity qualified to participate in the democratic process.
Nigeria’s democracy is fashioned after the American democratic system. Why do you think democracy is working there and other developed countries of the world and seems not to be working in Nigeria?
It is because of the type of the human beings that we call political leaders or political elites. That is what I am saying. In these developed countries, there is already a culture which lays down all the rules, which everybody follows or fails to follow at his own peril, that when there is an election, the votes must count. And when the votes are announced, the result must count. Everybody falls in line and obeys and accepts whoever has been voted in by the majority and what you do is wait for your time in the next four years to try and overturn this victory or also by appealing and convincing the populace that you have something better to offer. But in this country, these rulers impose themselves at any cost. They have no respect for the electorate because their background is so poor, their mentality is so denuded of values and quality that they cannot see that they are dragging Nigeria backwards into underdevelopment and a primitive society. So it is the people who are in power that do not have the mental capacity for operating in a democracy, particularly at the federal level, especially in the PDP. The culture of impunity within that party is so strong that what they seized by impunity is assumed by them to be the norm, the correct way of life. Seizing other people’s right with impunity is their way of life. So they have no respect for any process, human rights, judicial, nothing. In fact, there are rumours going on that they are trying to use five members of the Rivers State House of Assembly to impeach Governor Amaechi. Is that not madness? Anybody who is doing that should be mentally examined because I am sure that is insanity. Within our constitutional process, that is pure insanity, but there are people who are contemplating it. So, that shows you that the problem with Nigeria is the political elites. If you transfer these set of people to America, they will under develop America within 10 years and you will not recognize that country again.
Some Nigerians are suggesting a Sovereign National Conference while others are suggesting a revolution as a way of correcting these defects. Do you subscribe to any of these two?
I am in full support of a conference. We need to have a conference. That conference will discuss our context of association. In fact, it will discuss the national question, as we always say. We need that because at no stage have we ever done that amongst ourselves and there is so much disagreement right now about what form of association we should have.
Many people are not happy with the kind of federalism that we have, which is almost a unitary federalism and we want to go back to the pre-Independence and the immediate Independence system in which strong regions, now states, with strong financial bases were developed and then a much weaker centre in terms of resources, in terms of power. That immediately will divert attention from this do-or-die struggle to control the presidency and make people go back to their federating units to seek power and to rule. Now on the issue of revolution, I will certainly not support that. The reason is because it is something you cannot control and it will consume both the innocent and the guilty and eventually result in chaos and anarchy. So, it is something I will not recommend. But I will recommend a national conference in which we will discuss in a very, very mature and temperate atmosphere on how we should associate so that we can now go back to our various federating units and operate the way we want.
Many concerned Nigerians have been clamouring for a SNC where Nigerians can sit and discuss their future, why do you think the FG is foot-dragging on the issue?
Let me tell you the reason why the federal government seems to be dragging its foot on convening a Sovereign National Conference. It is a peculiar Nigerian issue. And when people say the federal government, it does not just mean the president and the executive, the National Assembly is also involved. I have noticed one thing and we need political scientist to do a research on this. Once a person is elected from his state to Abuja, he develops the Abuja mentality. Even if he is going to be there for just one year, he changes automatically. When they get there, they see federal government as almighty and the states as nothing, or maidservants at the behest of the federal government and that can be oppressed and treated nonchalantly. That is why you see many politicians who are once friendly with their governors, once they get to Abuja, the next thing they develop is a fight with the whole state, with a solid backing from the federal government. It is a reflection of what I will call the infantile mentality of the African politician in Nigeria. They forget that they are only there for a term and after that, he is still coming back to his home base. National Conference simply means we are all going to sit down and say ‘yes we all want to continue as a nation because the bigger, the better, the more powerful’. Then we say ‘under what condition did we want to associate and relate with one another?’ Some will say we want it to be as loose as possible. That is the Yoruba, Igbo and South South position, while the North -  because of access to oil and gas proceeds – will want a strong federal government. By the time we speak to each other, we’ll then have a long term arrangement for living together.  We all want a federation so that we can all unite against external threat. On central issues, we can come together and develop the country, while on state issue, we can each go and develop ourselves and compete. If I see that you are doing well in a particular area, I find out how you did it and the whole country will develop. But you find out that people are not thinking about this long term programme, they are thinking ‘I am the federal, I am in the Senate, I am the president, so any attempt to transfer money or resources from the centre, means you are transferring power from me, from my control’. That is what is going on. So when you talk to them, they say ‘which sovereignty?’. We are the sovereignty and there cannot be two sovereignty at a time. If you say okay ‘let us not call it sovereign national conference, let us say national conference, they say no, only the National Assembly can determine what the constitution should be and there should be no other body. All of them in the next ten years will not be in the National Assembly; they will be back to those zone and states that they are despising and under developing right now. So, they are short sighted on the long term issues , they have lost out. So, that is why they are foot dragging on convening national conference.
Even with the FG’s anti-corruption stance and establishment of the EFCC and ICPC, the level of corruption in Nigeria keeps rising on a daily basis. Why do you think the government is not winning the battle against this hydra-headed monster?
The reasons why we are not doing well in the fight against corrupt practices in this country is simply because the corrupt people are the ones in power. I am not making reference to the president as a person, but I am talking of his party and his stalwarts that are around various positions of power in the nation. You saw what is happening in the subsidy trial. Look at the children of those involved. Doesn’t it show you where the source of corruption is? As long as those who are in power are seating on beds of corruption, we will never get any result. So, we will need not only a clean president, but one that will force down cleanliness on everybody around you at any cost, whether they will work against you politically or not and if it means a shorter political life for you, you have ensure a long lasting legacy for yourself and posterity. What is the point of ruling for 100 years and not making any impact? Nigerians like signals a lot. If Nigerians see them come down heavily on five people, you will see that the level of corruption will drop. But the way things are now, there is so much impunity. As you are dealing with one, four or five corruption centres are cropping up.
Looking at the declaration of State of emergency in some volatile states in the North, do you think President Jonathan acted rightly by retaining the democratic structures in place?
Let us start with the law before I express any opinion. The truth is, the president has no power to remove a governor. Emergency declaration has no effect on any governor. What Obasanjo was doing was a savage attack on the constitution of the country and he got away with it because we had a weak Supreme Court at that time that refused to tell him and declare what he did as illegal. So, the president has no power to suspend any governor by declaration of emergency. Just as we are now telling this president that he has no power to interfere with the funds of those three states. The constitution makes it clear that once funds are paid into the federation accounts, they must go automatically to the state for their own operations without any interference, and that was declared in the case between Lagos State Government and federal government over withheld local government funds.
Some group of persons predicted that Nigeria might break up in 2015. Looking at recent happenings in the country, especially on the level of insecurity and crisis in the PDP, is there any pointer to that effect?
If I were the president and I see all these things happening, I would quickly do all I can to put a stop to it. People have predicted such a very devastating future for the country. I, as president, would do everything to avert such an occurrence; certainly, not under my watch when I am president. So, it is a pity that what is happening now is allowed to happen. I would say those governors who voted for Jang and lost by refusing to accept that they lost an election are creating a crisis whose impact and ramifications may not be predictable now. I believe the president should not just congratulate Amaechi on his victory. He should step in now and say ‘enough is enough. Election has been held and won, it does not matter whether the outcome is unfavourable to my interest or not, that is not the issue. The issue is the stability of Nigeria’. This country must move forward. We must accept outcome of election, whether pleasant or not and move on so that we can stabilize and think of our development, growth and progress’. That is the role a president should be playing, although he has no power technically over the governor’s forum, he can call the PDP governors together and tell them to accept the verdict of the election for the sake of the country. That is what a statesman will do and I am hoping he will do that soon.
As a legal luminary, what is your take on the suspension of some judges by the NJC for engaging in corrupt practices, don’t you think they should also be prosecuted? Also how would you access the performance being carried out by the Chief Justice of Nigeria so far?
The CJN has only been in the saddle for about 9 months and looking at that time frame, one will say that she has performed exceedingly well. It is her orientation that is important. She has shown again and again that she is intolerant of corruption, laziness and idleness and that she is going to put her foot sharply down on this very issue, that as a judge if you are found to be corrupt, lazy or unproductive, that is your end as a judge. So, I put my trust in her for the sanitization of the judiciary. It is not because she is a female because there are some female judges who do not have the proper orientation.


Source: Daily Independent 

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