Thursday, 31 March 2016

UTOMI: 'BUHARI NOT A GOOD LEADER. PMB IS DIVIDING THE COUNTRY' - SUN 31-3-2016

The Sun News

Pat Utomi

Nigeria not being properly led –Utomi

From Iheanacho Nwosu
PROF Pat Utomi is a renowned political econo­mist. He is well known for speaking his mind on any issue. He played huge role in enthroning the current administration but less than a year down the lane he is not happy with the direction the country is going. In this chat, he declared that Nigeria is not being led properly stressing that Nigeria is more divided today than it was two years ago. The meaning of that, according to him is failure of leadership.
What do you make of the state of affairs in the country at the moment, is Nigeria moving in the right direction?
I am not sure that right or wrong direction is the appropriate word to use. The process of change is not a straight line graph. It is chaotic , it is not all that straight.
Obviously it is understandable that Nigeri­ans are disappointed with the way somethings are going. I think it is something that helps us to reflect on how we guide and guard change and how we understand the process. To be quite frank with you, my understanding of the change process that will bring lasting solutions to our problems, it has to be very principles based. It has to be methodic. It has to look at the insti­tution that will make things happen effectively rather than people, Nigerians looking for a mes­siah. The messiah complex is a very dangerous one.
You know Barack Obama on his first visit to Africa, the very first speech he made in Ghana, he repeated the point I made the day before in Lagos that what Africa needs is strong institu­tions, not strong men. But very often we turn around looking for strong men. Strong men are traditionally disruptive of progress in the sense that even when they mange to get some progress to take place, because they did it as strong men, the next strong man would want to put his im­primatur on progress. This may mean discount­ing what the strong man before him have put in place. That is why we have weak institutions. We need to progress with strong institutions.
I had a small debate on the platform on Oc­tober 1 last year with my friend, Bishop Has­san Kukah. He was saying that strong men can help bring about strong institution.
I was making the point that it is not whether we need good leaders. We need good leaders. Strong leaders doesn’t take away from strong institutions. When you don’t instititutionalise, you have a prob­lem.
Our experience is that the trouble with Nigeria, clearly is leadership. Nigeria is still not being led rightly. For me personally, 2015 was a huge disap­pointment. This is because what I had hoped for, what I expected that it was a classic opportunity to lead Nigeria, to bring everybody into a boat, saying this is the direction we are travelling. And with every body’s energy in Nigeria we will move towards that.
Was it not what happened?
I don’t think so. I think Nigeria today is actually more divided than it was two years ago. The spirit of Nigeria is much challenged today. That is simply failure of leadership.
But Nigeria came out and align with the oppo­sition and for the first time, an incumbent was re­moved…
That was why I said it was a classic opportunity for good leaders to bring everybody into the house. But that did not happen. What happened was the old hegemony game started. People cornering some­thing, excluding that person, pushing that person and they just couldn’t get it together. So everybody was urinating into the house and the house is smelling. But if everybody was inside the house, urinating out­side, we would be erecting an edifice going forward. It was purely a case of leadership failure.
Would you blame maybe the opposition lead­ers for the failure you talked about. Was that sim­ply a case of the opposition only being interested in kicking out Jonathan without first charting the direction and path that should be travelled?
Well it is not a matter of blaming people. People cannot give what they don’t have. If people under­stood leadership, understood their responsibilities they will behave differently and the outcome will be different. For example, the great leaders of this world when the moment of history comes, they know yesterday, but they forget about yesterday and focus on tomorrow. They know who was their ene­my in the last fight. But what matters now is not who insulted you yesterday or who is your best friend. What matters is our country , where it must go. So you bring friend, enemy, everybody who can to move in one direction. I don’t think the skills were available to those who took power in Nigeria.
You were part of the whole thing. You played a role. At the time you and other key individuals were mobilising people, mobilising resource, did you also come up with advice on how things could be done?
Again, that is why change is not a straight line graph. You have goals. People buy into certain goals. One important goal for me and for alot of people was for Nigeria to establish that power can change hands from incumbents. That goal itself was a very very important goal. And achieving it was huge. But sometimes, when you achieve one goal, it might be possible that you miss another critical goal.
I will give you a classic example. I was involved in a big mission to push out the military from power in Nigeria. we founded all kinds of groups, including the one we call the concerned professionals. And we battled the military. When the military decided to surrender in 1998, we declared victory. Some amongst us say we must now take power and show Nigeria what we have been talking about, among them, a fellow called Wa­ziri Mohammed, who died in the Belleview crash. And some in the group said we are professionals, we must go back to our businesses. They argued that we did a citizen duty of saving our country. I have to admit that I was one of those who took that point of view. Let the politi­cians now go on and do what they know how to do.
But what we did not anticipate is that the real politi­cians, the traditional people who followed Awolowo, who followed Okpara, Sardauna, Zik, people who knew that politics was about service, sacrificial giving of self for the greater good of the community; many of those people did not trust the military from their experi­ence. So they did not come forward. The bad men of the soldiers, their contractors became the new politicians and Nigeria has not recovered from it. By the time we realised our error, it was four years into the Obasanjo administration. That was how that idea to be involved came. That was how I ran for office, it wasn’t because of anything. That realisation: “Oh my God. We made a mistake”.
So, in the same way in 2015, the goal was let us es­tablish that power can change hands. That if you can push out an incumbent that is not doing well, then de­mocracy will lead to a better government. That was the main focus, at least for some of us. But I think there is a fundamental problem with the character of the Nige­rian state through which the agents operates. Until we can change the character of the Nigerian state progress is going to be difficult in Nigeria.
First and foremost, I have just been engaging in some reflection. In the last couple of months, I have come to the frightening conclusion that government does more to pre­vent progress than to advance progress in Nigeria. The evi­dence is just there and around me. Government does more to retard Nigeria than to move it forward.
Why , how ?
I say so because of the nature of the people, who play in the so called political arena. There are two, three or four strands you can find. There are people who want power for self aggrandisement. People who think they can make money, enjoy the sound of siren or whatever percuniary thing they see in power. There are people who want power to revenge on their enemies. Then there is a certain kind of elite, you call them AGIP(Any Government in Power).
They just want the room to make their money. They don’t want to be disturbed by power. They just want to be accomondated.
There is a huge number of people who just feel powerless, what can we do? Lets just survive.
Very critical for progress is a group of people who say look there is a certain tomorrow that we see for our children and for our children’s children. We are willing to sacrifice whatever it takes. Usually, they are people who have found success in other things. They have probably been successful as academics, successful as businessmen or whatsoever.
These are the legacy hunters. They have the courage of conviction to be able to lose whatever it is- access to power, access to money so that ultimately the society will be different. That group is still too small in Nigeria. That is really the trouble with Nigeria. Those who dominate are those who want power for their aggrandizement and those who want power to revenge on their enemy.
So, where does the current administration fit into ?
There is a mix. There is a mix of all of it . There isn’t a strong enough vision of tomorrow and selfless giving of one’s self for the purpose of getting Nigeria to that new height.
Recently, eminent Nigerians including Prof Ango Abdullahi was quoted as faulting the calibre of some people appointed into government by the President.
Do you share that view?
Ok. I have not seen the reason they gave and the people in government they talked about.
Who are the people?
They said some cabinet members.
I try not to personalise things, because doing so creates all kinds of problems. There are many smart
people in the team, that is the cabinet. There are many I will not appoint to run my kitchen, not to talk of my
living room. (laughs). I have heard a major leader of the party say that the trouble with the government is
that the cabinet does not inspire. This is unfortunate especially considering the fact that this came after a
long wait. He could have appointed this the first day after the election was over.
Again, that is part of the leadership failure that we can look at. People have all kinds of view about
what the cabinet should look like. There are people,
who talk a lot about experts. It is not so much about experts. Of course, it has to be very knowledgeable
people. It is not about this is the finest economist in the world, that is the greatest agricultural scientist in
the world. This is also about how the people inspire people and the kind of confidence and trust that the
ordinary people have that these people have their interest at heart.
You can be a wizard in technology and you are minister of science and technology. But, somehow,
people don’t connect to you, don’t believe that you know what they feel. The likelihood that you will succeed
in that ministry is very remote.
When you look at all these things and you look at what is happening, you just realise that what is happening
in our country is a leadership deficit.
Recently, Professor Nwabueze declared that the problem with the incumbent administration is that
it is not interested in making strengthening institutions and that the President lacked the capacity
to lead Nigeria to growth . Do you share this sentiment?
I think that is part of the problem. I think there is too much believe of the strong man mindset. It is a
fundamental flaw.
But I think there is no point getting into personal stuff. I just think we make more progress with institutions
than with strong men.
Are you impressed with the way the government has gone about fighting corruption?
There are values in some of the things that have been done. Corruption is a very terrible scourge. To
deal with it is very important. But I think that it should not be seen as the only thing. My friend, Bismark Rewane
used to say better a little corrupt and competent than incompetent and a saint. I think corruption is terrible.
I have written about it all my career. I make a personal boast that nobody can come forward and say
I have ever asked for bribe in my life, no matter the position, I have ever occupied. It is not because I am a
saint, but because I know that I do more damage to the system, when I accept bribe.
Just like I have never asked anybody for a bribe. I will feel there is something wrong if somebody asks
me for one.
I have a project that I have abandoned. N200million is sitting on it. It is abandoned just because it seems
one state governor wants me to give him a bribe, I will not. After eight years, I will return to the project.
People need to have some principle. That is the point I was making. Okay. I am ready to stay poor, if
that is the meaning. Go and check, how many government contracts, I do. Instead, I will fly to wherever in
the world and give a speech or two and earn 20,000 dollars and come back, instead of going about bribing
people.
So, corruption is terrible. It needs to be fought. But it is not just catch a thief. It is about systems. We have
to have systems that make it difficult to be corrupt. It is those kind of things that we need to be working on.
You see Americans. British, Austrialians. They are not created less corrupt than Nigerians. It is institutions.
Why is that when you get to the airport in the evening, Nigerians are breaking down at the airport;
doing all kind of terrible things, climbing on each other giving customs bribe. Same guys would enter
the aero plane, six hours later, they land in London, everybody behave themselves.
We do need to grow up in this environment, we all need to grow up. We are not serving our people at all.
Are you worried about the widening cracks in APC? Do you agree with those who predict
that the party may collapse in few years ?
In any political movement, there will be issues. Political skills is about resolving those issues.
So it is a matter of how people apply themselves in resolving differences. There will always
be differences. Political parties are melting pots of sorts, in which different strings come together.
It is made easier when there is a clear ideological thrust. Part of my own contribution to the party
was to see people firm up that clear ideological thrust, but we will see as we go along.
Is it working?
Everything is work in progress.
It has got to a point where some people feel that some key leaders of the party who are
really progressives and who are still young are already thinking of aligning with others to set
up new platforms. Are you among those tinkering with such idea?
The political process is in evolution in Nigeria and I would hope that having been able to create
an opposition group, that we can streamline things, get the imprimatur of a progressive movement
ultimately on the party. Why does it have to be the progressive elements who will move out?
Why not the others move out?
It seems like the progressive elements are the ones showing sign that they are uncomfortable
with the situation in the party …
So how about they leaving. We hope to have a good convention to talk about the party? At the
convention, we will be able to work things out or decide how things go.
Do you believe 2019 has anything to do with the cracks in the party?
Let’s fix 2016 before we talk about 2019.
Right now, 2016 is a big mess.
How can Nigeria get out of current fuel situation and economic hardship in the country?
You know Nigeria is an extraordinary country and invariably the failure of the Nigerian elite is
so glaring, so palpable that you wonder how is it possible? The things that are the easiest things in
the world in my view can be hard in Nigeria, because we are caught in balancing personal interest.
We have been talking about fuel subsidy, no fuel subsidy for how many years in this country?
See, crude oil prices are currently down – very low and fuel prices are escalating, black market
and all of that because of supply. See isn’t it obvious for somebody who has a brain that the whole
thing is artificial somehow? Some people should take a different approach and say hey guys, anybody
in the world that has petrol to sell so long as you meet some basic quality standards come
and sell in Nigeria for any amount you want. I assure you that petrol will sell right now beginning
from where crude oil prices are for less than the so-called NNPC prices. That’s the meaning
of market.
I also assure you that if the government also stop being a nuisance and allow anybody in the
world who wanted to build a refinery on the Nigeria coastline to refine product for export, for
selling into Nigeria, we will create hundreds of thousands of new jobs in refineries, then we will
have abundant petrol produced in Nigeria either for those who want to export it or sell it into Nigeria
and competitiveness in the prices of petrol will bring it to something lower given current crude
oil prices.
If we want to subsidize, why don’t we subsidize crude? Why don’t we say if you build a
refinery in Nigeria, the crude you’ll get would be subsidized if we insist on subsidy, which I don’t
believe in. I am just theorizing now, if we so love subsidy. But there is no point in it.
When this government was coming in, it promised that it was going to sanitize the environment
but close to a year it is yet to fulfill the promise. Should that be taken as a mark of failure?
Well, I don’t know. I don’t know what failure is. I don’t know what success is. I just know that
things are not working. Nigeria is not being properly led.
And what should Nigerians do?
Well, Nigerians have different strategies; but for me, I long came to the decision to pretend
that there is no government. We rely on private initiative and social enterprise more than we rely
on government; because if you keep looking, you will see that many times there is failure, it
is governments action that have brought failure rather than individual initiative.

CCT NOT A COURT OF LAW

CCT NOT A COURT OF LAW

The Fifth Schedule Part 1 of the 1999 Constitution spells it.

Functions of Code of Conduct Bureau specifically para 12 thereof:

“any allegation that a public officer has committed a breach
of (the Code) or has not complied with the provisions of this Code shall be  made to the Code of Conduct Bureau.”

- Failure to declare assets and liabilities;
- Anticipatory assets declaration: Nigerians know the President of a country in the Sahel who hounded campaigns on assets declaration and when it was his turn to lead, he listed 270 herds of cattle and that is fine.  But he didn’t provide the addresses of his sudden rich estate in key States and mini-estate in Asokoro......

Do we know why the constitutional provisions contravened by the 'change' regime in breach of the several codes for public officers escape CCB's scrutiny?

Thank you!

CA

Wednesday, 30 March 2016

CCT -vs- JURY TRIAL




A Jury is a body of people sworn to give verdict on the basis of the facts presented in court.   There are two other members of  CCT, one of whom has declined to sit with the CCT Chairman  - that the Chair is a bribe taker  who has lost it. So you have one member sitting he CANNOT form a jury,  in answer to the  question that the 1999 Constitution probably intended a jury trial Faux Pas Blooper.
In cases where there is a jury, the job of the Judge is to guide them on points of law and they decide on the facts. In Nigeria however, there is no practice of civil or criminal jury trials. We have bench trials at every level; where the Judge makes pronouncements on points of law and the facts in court. REPEAT THE CODE OF CONDUCT TRIBUNAL IS NOT A COURT OF LAW.


Tuesday, 29 March 2016

NJC, CCT, CFRN


Please Sir if we may permit a reflection on the Third and Fifth Schedules and section 318 of the CFRN 1999 to see why the Constitution  intentionally excluded the Code of Conduct Chair and members from NJC’s  judicial control and discipline? Reason being the 1999 Constitution says the CCT is not a "judicial office" a fortiori members and Chair CCT are not judicial officers hence devoid of criminal jurisdiction.

Why is the  President of the FRN the one mandated to wield the disciplinary whip against CCT Chair &members? And not NJC? Because NJC deals with "judicial officers" under para 17 Third Schedule CFRN.

Best regards

CA

LEGAL ICON NWABUEZE: “CCT IS NOT A COURT OF LAW” – THISDAY LAW P4





TAJUDEEN ESQ.
Dear Colleague, so that we could have a respectful  discussion,  yes a spade it is; and you know it is not by co-incidence that Paragraph  17(3) of the Fifth schedule of the Constitution of the Federal Republic of Nigeria, 1999 says  the Chairman or members of the Code of Conduct Tribunal shall not be removed or appointed by the President  except upon an address supported by two-thirds majority of each house of the national assembly praying that s/he be removed for inability to discharge the functions of office or for misconduct or contravention of the code.

Juxtapose it with paragraph 21(b) of the Third Schedule of the 1999 Constitution which gives NJC the unique role of recommending to the President the removal of judicial officers (ie Judges) from office in exercise of NJC’s disciplinary function. In other words NJC has no disciplinary powers over CCT Chairman or members because they are not judicial officers under the prescription of the 1999 Constitution. Hence CCT would have no jurisdiction to assume the role of a court of law. That is it really. What is more the 1999 Constitution listed “judicial officers” and the draftsperson clearly excluded CCT: Please see s318, CFRN
Thank you
Attorney Carol Ajie

The Code of Conduct Tribunal is not a “Court of Law” – Nwabueze

The Code of Conduct Tribunal is not a “Court of Law” – Nwabueze

Monday, 28 March 2016

Dr Tunji Baithwaite: Goes Home From the Treadmill: WATCH YOUR GYM EVERYONE!

https://www.thecable.ng/tribute-braithwaite-killer-cockroaches-rats-dies-treadmill-mishap

OBITUARY: Braithwaite, the ‘killer of cockroaches and rats’, dies following treadmill mishap

OBITUARY: Braithwaite, the ‘killer of cockroaches and rats’, dies following treadmill mishap
March 28
17:21 2016

If you only knew Tunji Braithwaite the lawyer and activist, you never really knew him in his true colours. The latter-day Braithwaite, who died at St Nicolas Hospital, Lagos, on Monday, was less of a charming politician but more of a pro-democracy advocate.
TheCable understands that although the 82-year-old grandfather had been battling prostate cancer for a while, he was energetic until one early morning last week he went for his daily exercise routine.
A family source told TheCable: “He woke up and was by his outward appearance healthy. But he decided to use the treadmill, which was part of his daily routine. The wife later went to check on him and found him unconscious. It appeared he fell down and it was suspected that he hit his head and had a concussion. But when he was taken to the hospital, all scans showed that he did not hit his head.”
He never came back to consciousness, TheCable was informed, and he finally died on Monday afternoon “despite the best efforts of the doctors”.
Many older Nigerians will remember Braithwaite the politician of the 1983 elections, whose party, Nigeria Advance Party (NAP), was the only one registered by the electoral commission to join the five existing ones earlier approved by the military government in 1979.
Braithwaite was not alone in NAP, though. He had intellectuals with him, with Wole Soyinka, the professor and future Nobel Laureate, being the most prominent. Soyinka, ahead of the elections, recorded a song which almost replaced the national anthem: “I love Nigeria I no go lie/Na inside am I go live and die…” Those lines made a monster hit.

Mushin and Victoria Island

But Braithwaite left Nigerians with more memorable lines in his presidential campaign – he was the flag bearer of NAP in the ill-fated election – and his TV commercial was an instant hit.
“I will kill all the rats, cockroaches and mosquitoes,” he would say to the camera, in marketing his anti-corruption ideas to the electorate. It was a message that was too coded for the ordinary voter to understand.
But much more difficult to understand, even hilarious, was his promise to move residents of Mushin to Victoria Island, and residents of Victoria Island to Mushin.
Unknown to the street people, he was only propagating his socialist ideals of addressing the inequalities in the Nigerian society, with Victoria Island representing the bourgeois class and Mushin the proletarian, the commoner. He would redistribute the wealth and make everybody equal in the society, he said in poetic language.
Needless to say his campaign did not resonate with the people he wanted to help: he came last in the presidential election with 271,000 votes. Shehu Shagari, the sitting president, had 12 million. Violence ensured thereafter and the military overthrew Shagari a few months later.
Braithwaite returned to politics with NAP but with less colour in 2003 and his party was removed from the register by the electoral commission in 2012 for not winning an election at any level.

A family of firsts

In 1933, the celebrated lawyer was born into record-setting family Braithwaite family in Lagos. In 1880, I. Braithwaite, a reverend, led the first Anglican missionary expedition which introduced the gospel to the Ijebu province in today’s Ogun state.
In 1894, the reverend built St. Michael’s, the first church in Epe in today’s Lagos state, after his efforts led to the growth of church attenders. There is now a second Anglican church – the Reverend Braithwaite Memorial Anglican Church – in Papa Epe.
Talabi, Tunji’s elder brother, is one of the pioneers of the insurance industry in Africa. In fact, he emerged the first chartered insurer from Africa when he became an associate of the Chartered Insurance Institute of London in 1951.
He set up T.A. Braithwaite (Insurance Brokers) & Co. Ltd. in April 1958, the first indigenous insurance broking company in Nigeria.
Tunji, the last of eight children, was schooled at C.M.S Grammar School from 1946 to 1953. He did his A Levels at the London  University at Kennington College in 1955. In 1957, he enrolled at the Council of Legal Education, London. He was admitted into Lincoln’s Inn that same year and graduated as a barrister in 1960.
His married his childhood love, Grace, in 1956 and they had five children.

PLEASE ALL LET BUHARI’S CRUSADE AGAINST GRAFT WORK!




Her Excellency, Aisha Buhari, the Wife of the President:

Reading through your denial of the allegation of $22million Forex your company was said to have  collected from CBN and traded at the Black market, let me re-produce your response for the benefit of a  complete record. You said on your twitter handle yesterday that: Be advised, any further attempt to malign the person of the wife of the President will be dealt with according to the law. This is grounds for a lawsuit on defamation of character. “Making false and unfounded allegations without proof just to incite Nigerians on social media is wrong.”

Presidential spokesman Garba Shehu who was also accused of collecting $800,000  said since coming to office he has done two forex transactions his exact words “amounting to Eight Thousand Dollars (USD 8,000) sent to  my daughter and nephews through UBA.” He said he never collected $800,000= (Eight hundred thousand USD)  https://twitter.com/GarShehu/status/713734926709956608?ref_src=twsrc^tfw

Whilst Shehu Garba’s statement is treated in law as “specific denial”; yours is a “general denial” unacceptable.   The questions are since President Buhari’s assumption of office May 29th 2015 till present how much FOREX  have you collected and for what purpose, if any? Unless you clear the air of suspicion, it does certainly demote the anti-corruption crusade of President Buhari.

Come to think of it, a ten million diamond watch was spotted on your wrist May 29th inauguration, an allegation you never denied even now.  The former first Ladies were they that ostentatious? Your daughters in multi million dollars scandal with some APC State Governors - Zamfara etc.  Ten times more that the sums the Publicity Secretary of PDP (N400 Million) and PDP was in office for sixteen years, right?. Y’ve been in office for 10 months.  Let all citizens allow Buhari’s anti-corruption regime work, please particularly Mr President, his Aides, his Ministers (Amaechi was at the Rivers State rerun throwing Dollars).

Best regards
Attorney Carol Ajie

Saturday, 26 March 2016

NBA: WHERE LIEST THY HUMANITY?


http://www.nigerianbar.org.ng/


In a vast cosmic orchestra, James Ocholi’s valedictory court session has no photograph of the deceased on NBA website rather photos of Lawyers sending wrong signals targeted at glorifying our NBA election 2016.
Please put up Ocholi’s photo downplay those of living souls after that fatality took his spouse & son in a fell swoop; should it provide opportunity to edify campaigns for NBA’s foremost office as though our humanity lost?
 
CA