Oluwaleke Atolagbe is an Associate of the Institute of Chartered Arbitrator and Assistant Counsel, International Criminal Court (ICC) Hague, the Netherlands. In this interview with KEHINDE OSASONA, he speaks on a number of contemporary issues including the controversy trailing the establishment of the South-west security outfit codenamed Operation Amotekun.
Stakeholders in the judiciary are of the view that certain events in 2019 were capable of subjugating the third arm of government to the executive. What is your view?
The truth is that 2019 started on a shaky note for the judiciary arm of government, particularly because of the former CJN Onnoghen’s travail in respect of non-asset declaration allegation against him before the Code of Conduct tribunal.
Then comes the circumstances under which the embattled former CJN was suspended by the National Judicial Council (NJC), brought for trial at the CCT and his exit. It is however sad that such allegation came against, not just a judicial officer but also the number one judicial officer in the country.
The presidential election for instance was challenged up to the Appeal Court, then to the Supreme Court. The judiciary rose up to the occasion and did justice to all the cases brought before them. You could also see that several landmarks judgments came from the judiciary.
That coupled with the presidential election judgment and other major events made the judiciary to stand out. So, I would say that at the end of 2019, the judiciary arm of government was able to weather the storms and did well against all odds.
The issue of unbundling the Supreme Court also cropped up against the backdrop of decongestion plaguing the courts, what do you say?
Before now, there have been discussions as to which appeals should get to the Supreme Court. For instance, you would notice that even some electoral cases don’t get to the Supreme Court.
If you observe very well, prior to this time too, governorship election dispute hardly gets to the apex court, it was electoral laws that now allows gubernatorial election dispute to get to Supreme Court. But unfortunately, there are many cases lining up for judgment at the apex court.
Of course, too, there have been series of discourse on whether or not the Supreme Court should do away with some cases or not and, seeing that the apex court is overburdened, some stakeholders have continued to clamour for its unbundling.
In proffering solution therefore, I think the Supreme Court should at least have 21 judges to adjudicate over appeals to stem the problems of delay.
The government should ensure that there is full number of the entire 21 judges, if there may be need to amend the constitution
Then again, in respect of some criminal appeal, the Supreme Court had to constitute special appeal panel to sit on special days in order to hear some of the appeals because they require urgent attention.
So, the clamour for the number of appeals that would go to the Supreme Court is definitely in order. Then, the number of the judges should also be increased to ensure that justices at the apex court are not overburdened.
More importantly too, even if we are unbundling, the number of cases that gets to the apex court requires more justices.
The presidential committee on prison decongestion came out to say that over 5,000 inmates have so far been released, what is your take?
One of the problems with Nigerian judiciary has been delay in the delivery of justice. This also boils down to the pressure on the judiciary.
Now, the idea of prison decongestion is a welcome development because our correctional centres are congested in the real sense of it. Most of the times, you find out that facility that should take 800 inmates awaiting trial would house like 3,000 inmates.
So, not only that the facility has been overstretched, the move was the best step in a good direction in enhancing the provision of the Administration of Criminal Justice Act (ACJA).
I also understand that many states are now trying to domesticate ACJA. For me, it would make administration of justice easier and quicker. Also, the release of inmates on bail or otherwise would also be facilitated.
The Supreme Court just sacked Governor Ihedioha of Imo State and replaced him with Senator Hope Uzondima of APC. What is your comment on that?
I understand that the full reason for the judgment is yet to be given; I believe that the decision of the apex court is final on any matter.
And it has always been said that the Supreme Court is not infallible because it is final. So, that decision of having to install Hope Uzodinma who placed fourth was final.
The way the Supreme Court was said to have analyzed some of the cancelled votes that came in for Uzondima was also carried out critically.
So whatever the Supreme Court says is the law, nobody questions it.
The formation of ‘Operation Amotekun’ by South West governors is currently generating a fuss, given the declaration by the AGF that the move was illegal. If it is really illegal, is there a way out?
The birth of the joint security outfit by the Western Region Security Network (WRSN) for the South-Western region of Nigeria otherwise known as “Operation Amotekun” received both knocks and accolades from a number of people and different sections of the country, but the statement from the Office of the Attorney-General of the Federation declaring the outfit as illegal would perhaps look like an anticlimax.
The statement from the Office of the Attorney-General of the Federation made reference to Item 45 of Part I, Second Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which clearly puts “Police and other government security services established by law” under the Exclusive Legislative List. This implies that only the National Assembly can make laws relating to issues of police and other government security.
One is left to wonder why the promoters of the said “Operation Amotekun” and the Office of the Attorney-General of the Federation appear to be singing discordant tunes on such an important issue as security. I firmly believe that the promoters of the security outfit under consideration are knowledgeable enough to know the right steps to take before such an outfit could be set up and if they have made any mistake that they retrace their steps and ensure the right things are done to correct such mistakes if possible.
I understand that the said “Operation Amotekun” is a conglomerate of some existing well-known local security outfits such as the Oodua Peoples’ Congress (OPC), Vigilante groups and local hunters and that “Operation Amotekun” men are not expected to carry arms other than local guns and other light weapons. Perhaps, one needs to interrogate the basis and legality of the existing organisations coming together under the Western Region Security Network (WRSN) and even such similar organisations existing in other parts of the country. I believe the Nigerian Security and Civil Defence Corps (NSCDC) was in charge of issuing permits and licenses to private and local security arrangements such as private security guards and vigilante groups. Also, guns and other arms are licensed by the Nigerian Police. If such groups which are already licensed should therefore come together, I do not think they require any further license and if they are asked to secure further licensing perhaps such should be obtained to ensure that the intention to secure the communities is carried out without any itch or breach of any law.
Most people in Nigeria agree that the country is under-policed given international standards. I believe “Operation Amotekun” is supposed to augment the existing security set-up such as the police which appear to be overwhelmed with the pervasive security challenges bedevilling the country and therefore no one should see it as a possible opposition to the Federal Government.
It must further be borne in mind that by virtue of Section 33 (2) of the 1999 Constitution, persons and individuals in the country are entitled to defend themselves and even kill in extreme cases if the need arises in defence of themselves and their properties.
The South-Western State Governors I understand may be approaching the court in respect of the statement of the Attorney-General of the Federation declaring the newly formed outfit illegal. Good as that is, I believe no leader who has the good of its citizens at heart should try to score any political point with the security of lives and properties of its citizens and the issue on ground must not be reduced to mere ego tripping.
I will therefore urge the Office of the Attorney-General, the South-Western State Governors, and relevant stakeholders and security agencies to come together to find a way forward and probably either legitimize “Operation Amotekun” if the formation suffers any form of defect or restructure it to serve a good security purpose.
Do you subscribe to the idea of declaring state of emergency in legal education?
I believe that legal education in Nigeria does not exist in isolation; most of the educational sectors in Nigeria are also having their own share of deficiency in our educational system.
As for our legal education and by extension the Nigerian Law School, I think it is one of the best in the world. However, there is always a room for improvement.
For instance, the Council for Legal Education now adopts more of practical base system which is equally a welcome development.
