ONNOGHEN'S INFAMOUS LEGACY, OUR YOUNG WIGS AND THE LAW

ONNOGHEN'S INFAMOUS LEGACY, OUR YOUNG WIGS AND THE LAW

                        By 
     BASHIR MAIDUGU

"Be ye ever so high, the law is above thee”...Thomas Fuller (1608 to 1661)

The recent conviction of former Chief Justice of Nigeria, Walter Nkanu Onnoghen by the Code of Conduct Tribunal is bold, historic and exemplary. As the head of the apex court coupled with his decades of service on the bench, it can be asserted that this Judge must have caused massive damage to our legal and judicial system, the extent of which no one really knows.

As disclosed from the proceedings, his record of service and the drama upon his suspension, Jurists like Walter Onnoghen do not care about our judiciary, the legal system, the law and how his own infamous conduct  may have impact on all of us and Nigeria. 

For his kind, the Judicial Bench is merely a means to an end - their personal,  egoistic ends! For his type, justice is not blind. He wouldn't care less of selling judgments to the highest bidders or for their preferred interests. They would lord over mere mortals and dish out judgements not necessarily founded on law perhaps whenever there's a sufficient vested interests to serve or to where their self-interests may lie, and they have that pompous feeling of invincibility to do and undo as they pleased. Such Judges believe they cannot be touched, given the complex processes and complexities surrounding their statuses. And unfortunately because they know the law and the inherent technicalities, and they can meander within same, they always use it to their advantage, often with impunity. In truth, they've so manipulated the system that today they seem to have almost allotted to themselves an "immunity" where none really exists within our statutes. 

His conviction epitomises how all along a nation helplessly watched as the head of the judicial arm of our national government, armed with the knowledge of the law and vantage position as a serving law officer with enormous resources and strategically placed, exploited our laws and it's technicalities to cover up massive fraud and thereby bastardizing the concept of good governance and possibly derail our democracy through judicial terrorism. 

In this country, as recent events in Zamfara, Rivers and Kano have shown, the issue of some judges issuing out dodgy and controversial court injunctions, orders including certiorari and mandamuses emanating from ex perte proceedings as if in competition.....all probably instigated by politicians with different vested interests must be addressed through the combined efforts of the Bar and the Bench just to save the image of the legal profession and to dispense justice in whole and not in part and to prevent pushing the hallowed institutions and the nation, into a dangerous slide to perdition. 

For those of us who are lawyers in training and striving very hard to live within our means, it would have been truly a great national disservice for the head of Nigeria's Apex Court to be cunningly protected by his colleagues from the same law he knew and knowingly desecrated. His offence is almost a strict liability offence as evidenced by his written and oral admissions and the stupendous undeclared sums discovered in his bank accounts in foreign currencies vis a vis the position of our law on assets declaration. 

I further opine that without a doubt, since resignation isn't in our culture, the judiciary, nay the Nigerian State, must be saved from the embarrassment of judicial officers in Onnoghen clothings. 
Imperatively, one may rationally ask:- 

1.) How many lives or careers of personalities have jurists such as Walter Onnoghen ruined through influenced judgments in their long career as judges? 

2.)What are the extent of collateral damages such judgments has wrecked on our democracy and society ?

3.)To what extent has it impacted on the teaching and learning of law as we know it in the Universities and the Law school and the legal profession? 

4.) Will our law reform commission take up those controversial Onnoghen judgments and other similar case laws and recommend their review to the appropriate authorities? 

All Nigerians arguing this issue ostensibly for the cause of our democracy and nation must ask and answer these questions! 
God Bless Nigeria!

Bashir Maidugu
Abuja, Nigeria

BORNO IN OUR GENERATION AND THEN PEREGRINO BRIMAH

"Prejudice", according to E.B White, "is a great time saver. You can form opinions without having to get the facts". Otherwise how will one describe the rediculous views expressed by one "Dr Peregrino Brimah", in an obscure online newspaper called "News Rescue"? 

For the records, the insurgency started in this form in July, 2009 and our present trials and tribulations commenced. The subsequent humanitarian disaster that has engulfed our land can easily rival the pogroms of the World War II. In villages, hamlets and towns across the frontline states of Borno, Yobe and Adamawa, death has become a citizen to the extent that decent burial has become a luxury. Bodies are being stashed in trucks and buried in mass graves while many are abandoned to the vultures in Baga for example. The Boko Haram authors of this horror have murdered upwards of 100,000 innocent souls and have further displaced millions of innocent villagers whose only fault is being alive. The international community largely ignored this tragedy until the 219 Chibok Girls were abducted. The world media have since gone back to recess with respect to Borno as the horror is orchestra being staged. We are not a priority, even with the internationalisation of this tragedy. At best we are given erratic footnotes. In what one can say a twist of luck, the elections approached and our thoroughly traumatised people were offered the luxury of choice and they voted change, to try their luck, just in case our situation could positively change. With the help of other Nigerians, that Government was sacked which was viewed as grossly "incompetent and responsible for the escalation" by not providing the needed political will to win the battle against the insurgents. The people of Borno, the epicentre of this senseless carnage, voted to retain their Government, under the young and dynamic Governor, Hon Kashim Shettima. It is a great miracle that he is still alive and passionately occupied with the mandate entrusted to him in the two difficult elections he contested. Within his reign thus far, he has visited dozens of villages and towns whose occupants were almost wiped away and their properties razed: Baga, Doron Baga, Bama, Gwoza, Gamboru Ngala, Monguno, Marte, Damasak, Damboa, Chibok, Askira Uba, Malam Fatori, Dikwa, Benishek, Gubio, Magumeri, Banki, Mainok, Jakana, Ngamdu and hundreds of hamlets across the state. In each of these visits, he has not only consoled the survivors with tears and a token but ensured that they are relocated to the safer city of Maiduguri, into camps run by the state government. For the first time in our generation, our people became not only internally displaced persons within our shores but also helpless refugees across the border. In Cameroon and Niger, our people were not only abandoned without food and clean water but confined to camps in less than human conditions. Hundreds have died as a result of treatable diseases..... malaria and cholera. The state government has evacuated many back to Maiduguri through long, treacherous and almost impassable paths across mountains, deserts and forests yet thousands still remain in these unfriendly refugee camps. During the previous regime, the state governor has made dozens of attempts to see Mr President, the National Security Adviser, the military chiefs just to avail them of important information which could have helped the situation for our people but he was either rebuked by presidential aides or outrightly condemned and treated with hostility and disdain. He was often blocked from seeing any of them. He was under constant surveillance while Boko Haram conquered Nigerian territory, massacred our people and defiled our women. Is there any other definition of cruelty and dereliction of duty? Is there any reason why these people should not be made to answer questions at the International Criminal Court? For, they swore to "defend the sovereignty, territorial integrity and the constitution of the Federal Republic of Nigeria". Borno is a part of the Nigerian territory. My fellow citizens, it is against this background that this unknown character named Dr Peregrino Brimah wrote his provocative comments on His Excellency Honourable Kashim Shettima, the Executive Governor Borno State. Since the outbreak of this insurgency, this Governor has shown leadership and has become the Icon of our land, a beacon of hope. Without iota of doubt, he is the most challenged and humiliated Governor while still in office in the history of this country. Precisely, he deserves our collective support and sympathy. One finds it truly amazing and really difficult to believe that a person who perhaps have never visited Borno and who is so ignorant about us and considers Borno people as "Hausa/Fulani," could write such rubbish and gain the attention of the public, however minute. At this stage of our existence as a people, what we need is an understanding of our difficulties from the rest of Nigeria. A gentle and sincere "sorry" from the creeks of the Niger Delta could mean a lot to our people. We are a very proud, self-relient and resilient people. With over a thousand years of written history, ours was one of the oldest Kingdom with courts and organised administration in the entire West of Africa. Our ancestors have conquered such challenges in the past and Bi'izinillah, we shall also triumph in our generation.

Bashir Maidugu on Presentation of Report of the Grains Committee to the HMS (Power) Hon. Mohammed Wakil

STATEMENT BY THE CHAIRMAN, AD HOC COMMITTEE ON FACT FINDING WITH RESPECT TO THE 2013 PRESIDENTIAL RELIEF MATERIALS TO BORNO STATE Hon Minister of State, (Power) Hon Barr. Mohammed Wakil, O.O.N, The Permanent Secretary and Ministry officials, fellow committee members, gentlemen of the press including ladies, in 2013, the President and Commander in Chief of the Armed Forces, Dr. Goodluck Ebele Jonathan, GCFR graciously approved about 650 trucks of various grains for disbursement to the states where state of emergency were declared as a result of the incessant insurgency. This humanitarian gesture was aimed at cushioning the hardships being faced by the innocent population in those states most of whom are farmers. For the last couple of years, farming activities especially in Borno and Yobe states have virtually come to a halt. These relief items were therefore timely. The then Hon Minister representing Borno state, M. Bukar Tijani exited the Federal Executive Council towards the end of August 2013. The distribution exercise was thus halted in the case of Borno. In conjunction with the former Minister of State, Finance, Dr. Yerima L. Ngama, and the Hon Minister of Women Affairs from Adamawa, the three Ministers were placed with the responsibility of distribution of the relief materials to Borno, Yobe and Adamawa states respectively. Following the long absence of an anchorman for Borno with respect to the grains and the subsequent emergence of Hon Mohammed Wakil as a Minister representing Borno state in the Federal cabinet, the new minister decided to constitute this fact finding team about four weeks ago for the following reasons: a) Ascertaining the actual quantity of grains allocated to Borno State b) Ascertain the mode of distribution and the number of trucks allocated to the state. c) Ascertain the actual number of trucks delivered to Borno State d) Ascertain the outstanding grains for Borno State still at the silos. e) Recommend suitable action for future improvements on similar exercises. The contents of the documents being submitted to you here today Hon Minister Sir, is the detail of the above terms of reference. In the discharge of our responsibilities therefore, we tried to limit our investigation to only Borno State. This investigation is very important for two reasons: (1) For accountability purposes, so that the new minister will know exactly what he is taking over and (2) It will plug flaws discovered during the exercise in subsequent assignments. Sir, with the submission of this report, we hope that the purposes of setting up this committee is largely achieved. Finally, Hon Minister, distinguished ladies and gentlemen, I mentioned earlier that in the last three years, farming activities were practically brought to a halt in those states. The committee hereby requests the Honourable Minister to plead with the President and Commander in Chief of the Armed Forces, Dr. Goodluck Ebele Jonathan, GCFR to consider allocating at least 1,000 trucks this year to the emergency states of the North East in order to avoid famine. Already, food items have skyrocketed in those areas. There are reports of drought in the neighboring Niger republic this year. In Borno State for example, most surrounding villages and towns around Maiduguri have virtually become ghost settlements as their inhabitants have migrated to Maiduguri. This has starved the city with traditional supply of food items and other essential commodities. We must state here that Maiduguri infrastructure is overstretched. The magnanimity of Mr. President last year is commendable as the purpose of the strategic grains reserve programme of the Federal Government of Nigeria has been achieved. The committee hereby wishes to express its profound gratitude to the Honourable Minister of State (Power), Hon mohammed Wakil, O.O.N for the opportunity to serve our people in this capacity. It is our hope and fervent prayer that subsequent exercises will be seamless and successful. Thank you all. Barr. Bashir Maidugu April, 2014

Of HOME BASED, ABUJA POLITICIANS AND THE "SAS LEGACY"

THE TRAGEDY which has befallen Borno since the emergence of a style of politics based entirely on coercion and enticement (Thuggery and money)in the name of Ecomog is unprecedented. Prior to this democratic experiment, Political affiliation and affinity of the citizens in Borno was entirely based on ideology and the interest of our land. As epitomised by our true statesmen, the likes of Late Alhaji Ibrahim Imam, Late Sir Kashim Ibrahim, Late Zannah Bukar Dipcharima, Late Alh Ibrahim Biu and so on, politics in Borno has never been a cash and thuggery affair. These leaders remained dear and revered by the people. They did their best during their time. They provided service without embezzling the state treasury. Because of their positive contributions, their names will remain indelible in our hearts. As a mark of love and honour, many named their children after them, long after they have passed away. In 1999, Borno was aptly referred to as the "Home of Peace". This title beautifully coincided with the disposition of the God fearing man at the helm of affairs then, the Late Alh Mala Kachalla, Governor of Borno State (1999-2003). For him, there was no earthly thing worthy of a human life or suffering. He was fondly nicknamed "the man of peace". People conceded that he actually earned this precious title. In 2003, even though Gen. Muhammadu Buhari emerged the Presidential flagbearer of the then All Peoples' Party, a political militia, known as "ECOMOG" composed of mainly unfortunate youths under the heavy influence of drugs and money had been set up by Sheriff to coerce and harass political opponents who disagreed with his crooked version of politics. Coupled with the Buhari factor, he easily became the Governor of Borno state and the people of Borno had high expectations. These expectations were dashed as the militia harassed and intimidated all decent and educated potential opponents. Among his cronies and beneficiaries, his word was law. The State House of Assembly became a mere rubber stamp. His policies further impoverished the citizens and ensured that he alone could financially empower anyone. The middle class in Borno State was practically wiped out as most citizens lived from hand to mouth. Those who could afford to move out of the state moved to Abuja and other cities and continued their livelihood. Meanwhile, one does not want to dwell on the relationship between the Jamatu Ahlis Sunnah Lid Da'awatu wal Jihad or Boko Haram and the Government of Ali Modu Sheriff. As every Borno watcher must know, it is a fact that the then state government mismanaged the tension that developed between the Nigerian Police Force and the Boko Haram sect which led to the uprising of July, 2009. This uprising is the beginning of the current insecurity which has spilled over to many states costing thousands of lives and loses in their billions. As the Chief Security Officer of the state, he had the singular responsibility of preventing the loss of a single life in the state. Where it happens, he had the singular responsibility of authorising an investigation and ensuring that Justice is not only done but seem to have been done. However, as events would have it, the aftermaths of the crackdown on the sect led to terrorism, including suicide bombings in the country. The role of these unfortunate youths Sheriff used on his way to power in spreading the new culture of violence in Borno need not be over emphasised. The Ecomog militia were armed with clubs, machetes, daggers and other dangerous weapons. Under the heavy influence of hard drugs and money, these youngsters actually engaged in physical combats even among themselves, atimes resulting in the loss of lives or limbs. Political civility, politeness and patriotism became extinct as gangsterism and the politics of self interest took over while educative political discourse disappeared in to the thin air. During the reign of this failed Governor, we witnessed Borno transform from a revered home of peace to a notorious theatre of war. The resultant economic catastrophe this maladministration has invited is too horrendous to estimate. Recently, a highly placed citizen has opined that it has dragged Borno backwards by at least Fifty years. While on his way to power in 2003, Ali Sheriff coined the phrase "Abuja Politicians". In his bid to discredit a cream of better educated, more patriotic citizens of Borno who reside outside the state as a result of business or other opportunities, he called them "Abuja politicians", even though he lived mostly outside the state before he came governor himself. The phrase is now being used by his cronies, godsons and beneficiaries without shame. The emergence of the concept of nation-state in contemporary history is aimed at developing the society to improve quality of life for the citizens and residents. Governments around the world therefore engage in different strategies and techniques to achieve this. In the quest to achieve development therefore, Borno needs to learn about other states, cities, societies and nations. Borno should even send its citizens to other lands on scholarship so that it could benefit from the knowledge gained...in Agriculture, Commerce, Tourism, Technology, Health, Power and other aspects of human endeavour. Borno citizens must not be encouraged to remain at home like cockroaches and be eating their faeces without adding any value to the society. Like the proverbial fish in the well, they will continue to pull down one another and destroy themselves. This should be unacceptable. From the foregoing, it is a sheer act of ignorance and even foolishness to assert that a citizen must reside in Borno before he could contribute his quota to its development. Alhaji Mohammed Indimi among others, is a citizen of Borno who tried his best to establish a pump manufacturing firm in Maiduguri and recently pledged to establish a solar energy outfit for the production of green electricity. He mostly resides outside Nigeria. In a nutshell, our argument is that wealth creation and addition to the GDP of a state or country is a direct function of whatever external investment a state or country could get. Therefore, those who reside outside the state and regularly patriate funds into Borno in whatever form are instrumental to the growth of the economy of the state. No one should therefore dismiss them as "Abuja Politicians", for they represent the hope of Borno. Among serious countries like India, Philippines, Egypt, Israel, Pakistan etc, repatriation of earnings by their nationals living abroad constitute a substantial part of their annual earnings and even incorporated into the national budget. The failed Governor's cronies, political associates and beneficisties should be asked: WHAT IS THIS "SAS LEGACY" they are talking about?

Mai Idris Polytechnic: Ten Years On

MAI IDRIS ALOOMA POLYTECHNIC TEN YEARS ON BY BASHIR MAIDUGU Bashir Maidugu and Co., The story of Mai Idris Alooma Polytechnic Geidam exactly ten years since its founding this month encapsulates all the major issues and concerns of not only polytechnic education but the tertiary education system in the country. Established 2002, Yobe State Polytechnic, later renamed Mai Idris Alooma Polytechnic, after the most powerful and famous of the former Sayfawa Dynasty rulers of ancient Kanem Bornu Empire, Mai Idris Alooma (1571 – 1603), who expanded the frontiers of Kanem Bornu, one of Africa’s foremost of civilized communities to its zenith. One of the problems of the Federal Government in tackling the multifaceted problems in education, despite fantastic initiatives (such as those by the TETF) and increased funding over the years is lack of coordination. No single body, inspite of today’s technological advancement and cacophony of federal educational parastatals, has reliable and routinely updated data of all the programs, personnel, equipment, infrastructure, students per course, etc of all the tertiary institutions in the country in one place for government to use to plan, where owner governments or donor agencies can intervene to remedy a situation in a well coordinated manner. There is simply no authority with a Dashboard coordinating these tertiary institutions. This has denied the nation of a reliable statistical data of, for example, of programs (total and types of degree, diploma and other certificate programs offered), student’s enrolments (per program and total), etc for the purpose of regulating the release into the market of products of various programs. This handicap also translates into the inability of the nation to initiate specific programs that are lacking in the Nigerian tertiary institutions.The proper handling of this coordination would eliminate wastes and duplication as well as stimulate introduction of new courses or programs. This lack of coordination is so bad that today, there are wide gaps in many indices within and between the different types of tertiary institutions. Within germaine institutions, for example polytechnics, there is wide spread movement of academic staff from one institution to the other mainly due to differences in the conditions of service. Consequent upon the constitutional provision of education being on the concurrent list, states are free to establish universities, polytechnics and other colleges "as they wish"! This, despite its obvious advantages, needs some review. There are states that simply pass a law for the conversion of primary schools to universities in this country mainly for political gains. The second major problem is the alarmingly high preference of university education by all students and parents. There are more students in Nigerian Universities than Polytechnics even though at this stage of our development we need more high quality polytechnic diploma holders than university graduates. The employers, disconnected for lack of prioritization of their actual needs, those applicants could blend effortlessly in their production lines, but instead give preference to university graduates than HND holders, who actually have bias in practical skills and experience and thus could be more useful to them. Although there are differences of details, the law envisages polytechnics primarily to produce intermediate and higher level technical manpower. This was aimed at equipping the industrial base of the nation with skilled and competent manpower to achieve rapid industrialisation and economic development.In the long run, all polytechnics may have to be converted into universities. However, it is not advisable to rush this conversion as our universities are far from being world class. As in all major projects, the establishment of a new tertiary institution involves a feasibility study including prospects for sustained funding followed by the constitution of a planning committee of experienced people in the sector, especially representatives from the relevant regulatory agencies such as the NUC for Universities, NBTE for polytechnics and NCCE for colleges of education etc. Other important people who must be in such committees include foremost educationists, preferably former vice chancellors, architects, quantity surveyors, solicitors, chartered accountants and other professionals for the drawing up of a master plan and academic brief for the institutions. Governments, state or federal must consider not just the major needs such as those based on the number of students leaving high schools with its attendant problem of lack of enough places in the schools in the area to take them but consider all the parameters of sustained funding before venturing into establishing a tertiary institution. This should be a strict criterion. As an independent observer, when Mai Idris Alooma was established, we witnessed a silent but bitter initial politics of location which culminated in the reluctant attitude of some of the officials saddled with the responsibility of overseeing its proper planning and foundation. However, ten years on this month, commitment, devotion and sustained hard work over the years from the Rector to the staff and students has paid off and the polytechnic is on the road to becoming one of the best small polytechnics in the country. Data obtained from the school indicates that nearly half of their academic staff is trained in some of the world’s best universities from Malaysia to Universities in the UK among others. Furthermore, most of their academic staff have travelled to many parts of the world for conferences and are still attending. A mini Nigeria located in the extreme northern tip of the country; surprisingly, their academic staff are from all over Nigeria, heading various units akin to a federal institution. If not for the current insecurity occasioned by the insurgency, one believes that their tenth anniversary and modest achievements calls for celebration. However, to Allah is the Glory. The Governor of Yobe State, His Excellency Alhaji Ibrahim Geidam has truly invested heavily in this small polytechnic, just as in other institutions in the state. He ensured that the school is provided with the necessary infrastructure and maintained together with other academic and non academic facilities. This enabled it to be accredited by the NBTE on an interim basis in so short a time. Congratulations, Maipoly!!!