*Urges NJC to call judges to order
A constitutional lawyer of note, Amobi Nzelu, known as Apo Six, (a sobriquet he earned from the case he did probono publico for the families of the murdered six Apo youths, hacked to death in cold blood by the police 17 years ago in Abuja) is the Principal Partner, Chinenye Chambers in Abuja the Federal Capital Territory (FCT), canvassing for far-reaching constitutional reforms as the only panacea to curing the current rot in Nigeria’s polity and economy.
In this interview over the weekend, among other issues, Nzelu enjoins: the National Judicial Commission (NJC) to call its judges to order with regard to judgements emanating from Plateau State Assembly elections; the senate to amend the 1999 Constitution to devolve judiciary, the police. Excerpts.
As a constitutional lawyer, how do you see the crisis in the Plateau House of Assembly, following the judgements of the courts?
It is a sad development in our legal system, that there are clear cut precedents on pre-election, election and post-elections matters and how they can be dealt with and some time, the judiciary close their eyes to laid down procedures. The crisis in Plateau State is uncalled for and because they made the Court of Appeal the last court in such issues, that is why this evil peace exists. If they have ample opportunity to the Supreme Court, the judgemens would have been reversed, as was in the governor’s.
The judiciary folded its hands and watch that anomaly happen. Lives are being threatened and even lost in the state; things are not moving the way they are supposed to move, because of the judgment of a court. Pre-election matters are not supposed to be litigated upon at the Electoral Tribunal and the best bet for it is the High Court. It is unfortunate and the Supreme Court being the final court, should say something regarding that impasse.
The Justices of the appellate court that put us in this quagmire should be called to order; the NJC should rise to the occasion and do the needful. I can’t understand, conflicting judgements from different divisions of the Court of Appeal, conflicting judgements here and there, High Courts. Everything is on a rampage, I can’t understand. Why people call the judiciary the last hope for the poor, is because of their exactness in dealing with issues. Today, we are facing multiple judgements from courts of coordinate jurisdictions.
Urging the NJC to call the Judges of Court of Appeal to order, have you forgotten that it is the last court on such matters?
The NJC is set up to discipline erring judicial officers. Where the facts before the court detect otherwise, they chose to do otherwise, in their own wisdom, the NJC should act.
Where issues have been set down on how issues should be addressed, you take a departure from that issue. That is judicial rascality. You know that in pre-election matters, there are areas designed by law for them to be litigated upon and in election matters. There is much more to it and the NJC should unravel what it is.
Can you quickly comment on what has been happening in Rivers State?
In the issue of Rivers State, there are now two conflicting orders of court. Bur I am aware that God has power over everything. They haven’t told me and you what constitutes quorum for a House of Assembly; wether it is those that are present, and voting or total number of members sworn-in or the total elected, whether sworn-in or not. Some people may argue that it is two-third majority of those sitting, but due to the crisis in the state, it may not fly. Well, this matter is sub-judice and should be left at that.
How do you see the Northern Senators’ move against planned relocation of some Federal Government (FG) agencies to Lagos by Mr President?
President Bola Tinubu has the power to do that. Abuja was a creation of Murtala Mohammed, through a Decree, and Babangida used his executive power to relocate the capital from Lagos to Abuja. You see, what I don’t like about some of the senators is that any start taking only on issues they feel doesn’t favour them, and they bring ethnicity into it.
The agencies and departments that are sought to be relocated to Lagos, were there originally and they were brought to Abuja and nobody raised eyebrow. I can’t understand what is really going on in this country. You just don’t talk, because you want to talk. Don’t incite the people; the hunger on the land is enough punishment for the people.
They should stop saying what they are saying. The question is, those agencies where were they before and who brought them to Abuja? Mr. President has the power to bring and relocate. In the interest of continuous existence of this country, politicians should please not raise dust, where non should be raised at all.
If they deem it fit to relocate them, so be it, because those agencies were formally in Lagos, before they were brought to Abuja. The man I saw, Sen. Ali Ndume, is from Borno State. In Lagos, where the agencies are to be relocated, I don’t know why he is saying what he is saying.
You see, I don’t understand them; some of them will keep quiet, when things are going wrong, but when they want to score cheap political point, they will start talking. When the Muslim-Muslims ticket came up, they didn’t say anything, but when the issue of Christian-Christian ticket came up, they started to talk. I don’t know what their problem is. They are being paid stupendously; you have a lot of people under you, who are being famished due to hunger. A simple move to sanitise the system, you are complaining. I am sure that if they say Christian-Christian ticket, the same man will talk, but now they came with Musli-Muslim ticket, he does not care.
Contrary to the claim that the demand is being made by Northern Senators, Senator Karimi from Kogi State, which is equally in the North has countered Ndume, how do you see that?
The Kogi Senator is right, because conscience is an open wound which only truth that heal. So let them stop heating the polity.
You have been calling for devolution of the judiciary, how do you mean?
I have been making the call when Abacha was in power, that in each geopolitical zone, you have seperate and distinct Court of Appeal. There should be in each geopolitical zone too and the one in the FCT, making all, seven and we have one dealing with Federal High Court matters. As at today, they are still doing 2011 matters, such that matters can linger for up to 13 years, because people want to concentrate powers in their hands.
Though it can only be done by amending the constitution, but I’ve been calling that there be an Inspector General of Police (IGP) in each geopolitical zone, making them seven with the one in Abuja, and the IGP at the centre is over-burdened. Petitions from each geopolitical zone should be directed to the IGP in the zone. The constitution is seriously flawed. In the constitution, the military wrote the preamble “we the people of Nigeria.” Where did we meet to declare so? It is a fraud.
However, out of the IGPs, the one at the centre will be the superior. If you want to petition from Anambra, you direct it to the IGP, South-East. The DIG we should have under them will help to accelerate matters.
Do you share the view that state police is an answer to insecurity in Nigeria?
State Police is the answer to this insecurity. We haven’t given it a trial. People are afraid for nothing, saying that the state governors want to use them to fight thier enemies. I don’t agree with them. I say again that conscience is an open would which truth can heal. If domesticated police, a commissioner of police who obeys stupid orders from his chief executive, will do so at his own perils. To checkmate the excesses of the police, state police is the answer. Take for example, in Anambra state, we know who is who; your family background; where you are coming from; what you can and can’t do; the soft areas; the whole target areas and; where to raise red flags. These we know, because there is no man who doesn’t know who his next door neighbor is.
How can this be done?
It is for the senators, as the lawmakers, to amend the law. Let them be sincere to themselves; proactive to themselves; know that Nigerians are wallowing under the heavy weight of hunger, added to what is happening to them. A man sleeping in his house, they come and kidnap him. Some of them die in the process and number of people kidnapped are underestimated, because they only mention the names of the rich thqt are kidnapped.
You said until there is decongestion on the road, Abuja is yet to compete favorably with the modern capital cities, how?
For Abuja to appear like today’s capital city and be decongested, I wrote many years ago that with the exception of defence and finance, other federal ministries and agencies be relocated to each of the six area councils in the FCT permanently. The people working there and the minister and head of agencies will live there, and the ministers will only be coming to attend Federal Executive Council meetings on its days.
When you stay with the people, you know them. Because of the concentration, if you come out by 8am to go to work, you hardly meet up. Under Abacha, I saw this and wrote severally, but all to no avail. These leaders know the truth, but due to what they have been benefitting from that, they don’t want to follow the truth. This country is very blessed and our leaders don’t want to utilize the blessing from God for His people. It is unfair.
