Mr. Fred Agbaje is a lawyer with over 30 years at the Bar. In this interview, he spoke on the need to amend the 1999 Constitution. He also expressed his view on why the present administration cannot implement the outcome of the national conference convoked by the administration of former President Goodluck Jonathan. Besides, he stated the reasons why graft offences should attract capital punishment among other issues. Excerpts:
Some Nigerians, including Lawyers, have been calling for further amendment of the constitution especially on issue of corruption. Do you think president Mohammadu Buhari should rely on the report of the national conference convoked by else president Goodluck Jonathan?
In the first place, I am not comfortable with the set up of the confab and its outcome. I want to believe that some honourable Nigerians were railroaded into the conference because they ought to have known that there is no way the government that had less than five months to vacate the sit would be able to implement the report of the National Conference they were invited to participate. We all know that one of the major fundamental philosophies of law is jurisprudence.
No government can buy its successor and if such cannot happen, the members of the conference, particular lawyers should have asked themselves how do we expect incoming government after Jonathan to implement the report? Would they not say they are not party to the confab? Would they not say that the outcome of the conference was not part of their manifestoes?
These are the fundamental questions the participants ought to have asked themselves but because of some personal interest, that was why 70 and 80 years old men were clamoring to become members of the conference. My take is, what is the essence of the National Conference, if the government that constituted it could not implement the report; how do they expect the incumbent government to inherit another man’s liability? I am not holding brief for the president and how would he juxtapose the outcome of the conference with his political manifestoes no matter how laudable they are.
If he decides to implement the report of the national conference, are they not going to say that he did not mention such during his manifestoes? I don’t blame the president if he distances himself from the report of the national conference because he was not part of the conjugal rites that gave birth to the national conference reports; how do we expect him to inherit a bastard child?
The whistle blowers’ bill has not been passed into law, if it is passed, is it capable of assisting in waging war against corruption?
For effective fight against corruption we need to make Freedom of Information Act which is already in force available in all the states of the federation. All the states must adopt it instead of leaving it at the federal level. I could remember that some human rights organizations early this year asked the immediate past government of Lagos State to render account on certain expenditures, Fashola’s regime refused to oblige the organizations, they when to court and their defence was that they are not bound by the law.
In other words, we need effective implementation of Freedom of Information Act. Another issue is the amendment of the constitution especially section 15 dealing with all organs of government to join hands together to fight corruption and also section 36 of the constitution dealing with fair hearing should be amended. Cases relating to graft offences, presumption of innocence should not apply because a grade level 17 official who has several houses, fleet of cars and all his children went to school abroad should defend himself or proof his innocence.
Are there other issues that demand immediate attention now?
Another issue is to amend the administration of Criminal Justice system in the states. Where they operate criminal code should be amended as well so as to renew the new mentality of incorporating anti-graft law. The constitution should stipulate it that any graft offence is a capital offence through which the presiding judge will grant bail only on health ground from renowned public hospitals. I am an insider and I have been defending criminals and I know how the like of some past governors who have allowed anti-graft cases to hang on their neck and they are now senators.
Meanwhile their cases had been on for more than six to seven years. In other words, the society has recycled them to become lawmakers instead of being in prison. To make the graft more socially- oriented, we must amend the administration of criminal justice law, the evidence law, section 36 of the constitution particularly making graft offences a capital offence. Declaration of asset is a mere cosmetic approach of fighting corruption and it is not fundamental.
The fight against corruption should start from the state governors and be extended to the civil service and the legislature. The present National Assembly is constituted of mainly some state governors who had stolen money and became law makers, they cannot make good law when they know that arraignment is hanging on their neck and they would be the first victim. Nigeria is at the cross road to fight corruption because those who are supposed to give direction to the Mr. President’s approach to fight corruption will not do it.
The state governors who are eyeing the Senate seat will never support move to amend the constitution to make graft offenders bagged life imprisonment because some of them know they will soon be arraigned. Those who think the condition is so stringent should also realize that corruption has deprived Nigeria of developmental progress, corruption is the fundamental root of unemployment and insecurity we are witnessing in the country today.
We need to address corruption seriously and fundamentally through the instrumentality of law and constitution and government must be serious with the institutions that are fighting corruption instead of celebrating individuals so that when the president finish his regime the institutions will continue in fighting the corruption.
What are the legislative reforms you want the lawmakers to address urgently in the National Assembly?
The primary functions of the National Assembly is to make good laws for the governance of the country. Why doing so, they must not push their selfish interests rather the interest of the Nigerians to ensure that the unborn children do not inherit empty treasury, liability, unemployment and many other problems the country is currently facing. Laws must be made to ensure that Nigeria is a better society; laws must be made to ensure that graft is reducing to the barest minimum.
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Mr. Fred Agbaje is a lawyer with over 30 years at the Bar. In this interview, he spoke on the need to amend the 1999 Constitution. He also expressed his view on why the present administration cannot implement the outcome of the national conference convoked by the administration of former President Goodluck Jonathan. Besides, he stated the reasons why graft offences should attract capital punishment among other issues. Excerpts:
Some Nigerians, including Lawyers, have been calling for further amendment of the constitution especially on issue of corruption. Do you think president Mohammadu Buhari should rely on the report of the national conference convoked by else president Goodluck Jonathan?
In the first place, I am not comfortable with the set up of the confab and its outcome. I want to believe that some honourable Nigerians were railroaded into the conference because they ought to have known that there is no way the government that had less than five months to vacate the sit would be able to implement the report of the National Conference they were invited to participate. We all know that one of the major fundamental philosophies of law is jurisprudence.
No government can buy its successor and if such cannot happen, the members of the conference, particular lawyers should have asked themselves how do we expect incoming government after Jonathan to implement the report? Would they not say they are not party to the confab? Would they not say that the outcome of the conference was not part of their manifestoes?
These are the fundamental questions the participants ought to have asked themselves but because of some personal interest, that was why 70 and 80 years old men were clamoring to become members of the conference. My take is, what is the essence of the National Conference, if the government that constituted it could not implement the report; how do they expect the incumbent government to inherit another man’s liability? I am not holding brief for the president and how would he juxtapose the outcome of the conference with his political manifestoes no matter how laudable they are.
If he decides to implement the report of the national conference, are they not going to say that he did not mention such during his manifestoes? I don’t blame the president if he distances himself from the report of the national conference because he was not part of the conjugal rites that gave birth to the national conference reports; how do we expect him to inherit a bastard child?
The whistle blowers’ bill has not been passed into law, if it is passed, is it capable of assisting in waging war against corruption?
For effective fight against corruption we need to make Freedom of Information Act which is already in force available in all the states of the federation. All the states must adopt it instead of leaving it at the federal level. I could remember that some human rights organizations early this year asked the immediate past government of Lagos State to render account on certain expenditures, Fashola’s regime refused to oblige the organizations, they when to court and their defence was that they are not bound by the law.
In other words, we need effective implementation of Freedom of Information Act. Another issue is the amendment of the constitution especially section 15 dealing with all organs of government to join hands together to fight corruption and also section 36 of the constitution dealing with fair hearing should be amended. Cases relating to graft offences, presumption of innocence should not apply because a grade level 17 official who has several houses, fleet of cars and all his children went to school abroad should defend himself or proof his innocence.
Are there other issues that demand immediate attention now?
Another issue is to amend the administration of Criminal Justice system in the states. Where they operate criminal code should be amended as well so as to renew the new mentality of incorporating anti-graft law. The constitution should stipulate it that any graft offence is a capital offence through which the presiding judge will grant bail only on health ground from renowned public hospitals. I am an insider and I have been defending criminals and I know how the like of some past governors who have allowed anti-graft cases to hang on their neck and they are now senators.
Meanwhile their cases had been on for more than six to seven years. In other words, the society has recycled them to become lawmakers instead of being in prison. To make the graft more socially- oriented, we must amend the administration of criminal justice law, the evidence law, section 36 of the constitution particularly making graft offences a capital offence. Declaration of asset is a mere cosmetic approach of fighting corruption and it is not fundamental.
The fight against corruption should start from the state governors and be extended to the civil service and the legislature. The present National Assembly is constituted of mainly some state governors who had stolen money and became law makers, they cannot make good law when they know that arraignment is hanging on their neck and they would be the first victim. Nigeria is at the cross road to fight corruption because those who are supposed to give direction to the Mr. President’s approach to fight corruption will not do it.
The state governors who are eyeing the Senate seat will never support move to amend the constitution to make graft offenders bagged life imprisonment because some of them know they will soon be arraigned. Those who think the condition is so stringent should also realize that corruption has deprived Nigeria of developmental progress, corruption is the fundamental root of unemployment and insecurity we are witnessing in the country today.
We need to address corruption seriously and fundamentally through the instrumentality of law and constitution and government must be serious with the institutions that are fighting corruption instead of celebrating individuals so that when the president finish his regime the institutions will continue in fighting the corruption.
What are the legislative reforms you want the lawmakers to address urgently in the National Assembly?
The primary functions of the National Assembly is to make good laws for the governance of the country. Why doing so, they must not push their selfish interests rather the interest of the Nigerians to ensure that the unborn children do not inherit empty treasury, liability, unemployment and many other problems the country is currently facing. Laws must be made to ensure that Nigeria is a better society; laws must be made to ensure that graft is reducing to the barest minimum.
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