Professor Tahir Mamman, SAN, is former Director-
General of the Nigerian Law School, NLS. He is also the
Vice-Chancellor of Baze University in Abuja. In this interview, he
speaks on the upcoming Nigerian Bar Association, NBA’s
biennial election and other sundry issues. Excerpts:
With barely some weeks to the end of
the tenure of the President of the Nigerian Bar Association, Mr.
Abubakar Mahmoud, SAN, the issues of his successor has been a major
issue.
The frontline aspirants from what we gathered are Chief
Authur Obi Okafor, SAN; Prof. Ernest Ojukwu, SAN, Mr Paul Usoro,
SAN, and Mazi Afam Isigwe. What is your reaction to this
development?
With the 2018 elections around the corner, there is as usual an
array of distinguished lawyers seeking to be elected President of
the Bar and other offices.
It is of course critical that the members of the profession use
the opportunity of universal suffrage to elect a leader who is
really a model in integrity not just by mouth as a lot of people
are, has served the Bar and country selflessly and has
vision, cares for the noble values of the profession and is
concerned for the welfare especially of the young lawyers and older
ones who have retired but not comfortable.
Secondly, those organising the elections should absolutely
ensure that the process is free, fair and credible to avoid the
rancour and stigma which bedevilled the current leadership which is
seen to be a product of serious malpractice, despite that A.B.
Mahmoud, SAN, cuts the personal image of a man of integrity.
Lawyers and their leaders must be role models of integrity and
fairness in elections and chief promoters of the rule of law. It
will, however, appear that the voice of the Bar has not been loud
enough against those who have continued to behave with impunity in
managing the resources of the country or even failed to act when
they are required to act to prevent death/injury or destruction of
property across the country. We need a Bar whose leaders are
courageous, mature and outspoken against abuse and impunity, while
at the same time caring and supportive of the weak and those
without voice.
Foreign practitioners cannot practice in the country
unless they have been called to the Nigerian Bar. On this, can’t
such scenario be changed?
A sovereign independent country regulates the way business is
transacted on its shores which includes professional practices such
as law, medicine, etc. Some are more accommodating and flexible
with their requirements.
That of Nigeria is still ancient and rigid. It’s my view that as
the present government has significantly reviewed and introduced an
ease of doing business regime, the practice of the legal profession
needs to be opened up and urgently too. Nigerian business market
has opened up, Nigerian lawyers are heavily transnational in
attitude and there is much to gain in the expertise of lawyers from
other jurisdictions once they have inroad in the country’s legal
market. As a matter of fact, foreign lawyers do quietly participate
in critical legal matters in transactions affecting Nigeria. Where
we don’t see them are in courts due to the restrictions in this
regard. So, it’s better to open up the market. Similar proposition
has in fact been advocated for sometime even in the education and
training of legal practitioners in Nigeria. The profession needs
reforms in these areas as it is happening at really dizzying speed
in other jurisdictions.
The Nigerian Government recently tagged some persons as
looters and their names were published, despite the fact that some
of these persons have pending cases in court and some just returned
monies for settlement outside the court?
Naming of looters would appear to be a weapon of last resort by
the government, having not been able to see through the trial
process of many big names accused of massive stealing within the
time-frame Nigerians expected convictions and recoveries. It may
not be an elegant approach to fighting corruption but honestly,
those who stole our treasury dry seem to be getting away with the
loot. For whatever it is, it’s helpful for discerning members of
the public to have the information while the trials go on. I do not
see any breach of right to fair hearing here. Quite often, we
flaunt the right of accused persons to the detriment of the larger
interest of the people who have suffered greater damage from
massive pillage of state resources.
Those people will still have their day in court.
Against the backdrop of killings by herdsmen in
some parts of Nigeria, what is your position on the argument that
self-defence is the natural course of illegal attack?
First, our laws and any law for that matter allows for self
preservation, defence of one’s property and honour where there is
imminent attack or threat of it. What is however not permissible is
organised self defence or using attack as self defence. This is
exactly why the state, acting through government agencies, are set
up. Organised self defence will degenerate to pure anarchy and
complete breakdown of law and order where it becomes survival of
the fittest. In this second context, this must be rejected.
That’s why criminal codes are replete with Laws that protect the
state, restrict ownership and use of instruments of coercion, by
private people.
As the 2019 elections in Nigeria draw near, how will you
rate the first tenure of the President Muhammadu Buhari-led APC
government and what do you envisage in the country’s coming
presidential election?
One can understand the anxiety and desperation of Nigerians for
quick results from this government having been short changed for
too long since independence. However, the business of government
isn’t like going to a shopping mall to pick a commodity. It
requires much planning, focus and financial resources in that
order.
A lot of Nigerians seem to also understand dividends of
democracy to mean direct cash coming to them. It’s not like that in
a responsible, accountable government where the outcome of good
governance is demonstrated by provision and assurances of security
and safety of citizens, provision of basic infrastructure, social
services such as education, healthcare, shelter and support for the
weak and vulnerable, the elderly, the young unemployed,and
generally, creation of an environment where citizens and others can
pursue life’s activities with ease and convenience.
Going by these summarised criteria, you will see that the
government is doing a good job. It can of course be still better
especially in the areas of time taken for taking certain
decisions.
But overall, this government definitely deserves to continue in
2019 to take to reasonable fruition a lot of its projects on
infrastructure, power and social support.
No doubt, improved power supply in Nigeria and
Sub-Saharan Africa will lead to greater economic growth and
prosperity for one of the most populated regions of the world. The
US Congress on February 1, 2016 passed the Electrify African Act,
EAA. What would you say about the impact of the Act in
Nigeria?
Energy is a facility that underscores the ability of a country
to move from underdeveloped to a developed, industrialised
country. Support from any country that will add or improve
the energy needs of Nigeria is welcome. The major caveat is that
focus should now be on clean energy and an infrastructure which
isn’t susceptible to collapse from minor weather conditions as we
now experience in Nigeria.
Culled from
Professor Tahir Mamman, SAN, is former Director-
General of the Nigerian Law School, NLS. He is also the
Vice-Chancellor of Baze University in Abuja. In this interview, he
speaks on the upcoming Nigerian Bar Association, NBA’s
biennial election and other sundry issues.
Excerpts:
With barely some weeks to the end of
the tenure of the President of the Nigerian Bar Association, Mr.
Abubakar Mahmoud, SAN, the issues of his successor has been a major
issue.
The frontline aspirants from what we gathered are Chief
Authur Obi Okafor, SAN; Prof. Ernest Ojukwu, SAN, Mr Paul Usoro,
SAN, and Mazi Afam Isigwe. What is your reaction to this
development?
With the 2018 elections around the corner, there is as usual an
array of distinguished lawyers seeking to be elected President of
the Bar and other offices.
It is of course critical that the members of the profession use
the opportunity of universal suffrage to elect a leader who is
really a model in integrity not just by mouth as a lot of people
are, has served the Bar and country selflessly and has
vision, cares for the noble values of the profession and is
concerned for the welfare especially of the young lawyers and older
ones who have retired but not comfortable.
Secondly, those organising the elections should absolutely
ensure that the process is free, fair and credible to avoid the
rancour and stigma which bedevilled the current leadership which is
seen to be a product of serious malpractice, despite that A.B.
Mahmoud, SAN, cuts the personal image of a man of integrity.
Lawyers and their leaders must be role models of integrity and
fairness in elections and chief promoters of the rule of law. It
will, however, appear that the voice of the Bar has not been loud
enough against those who have continued to behave with impunity in
managing the resources of the country or even failed to act when
they are required to act to prevent death/injury or destruction of
property across the country. We need a Bar whose leaders are
courageous, mature and outspoken against abuse and impunity, while
at the same time caring and supportive of the weak and those
without voice.
Foreign practitioners cannot practice in the country
unless they have been called to the Nigerian Bar. On this, can’t
such scenario be changed?
A sovereign independent country regulates the way business is
transacted on its shores which includes professional practices such
as law, medicine, etc. Some are more accommodating and flexible
with their requirements.
That of Nigeria is still ancient and rigid. It’s my view that as
the present government has significantly reviewed and introduced an
ease of doing business regime, the practice of the legal profession
needs to be opened up and urgently too. Nigerian business market
has opened up, Nigerian lawyers are heavily transnational in
attitude and there is much to gain in the expertise of lawyers from
other jurisdictions once they have inroad in the country’s legal
market. As a matter of fact, foreign lawyers do quietly participate
in critical legal matters in transactions affecting Nigeria. Where
we don’t see them are in courts due to the restrictions in this
regard. So, it’s better to open up the market. Similar proposition
has in fact been advocated for sometime even in the education and
training of legal practitioners in Nigeria. The profession needs
reforms in these areas as it is happening at really dizzying speed
in other jurisdictions.
The Nigerian Government recently tagged some persons as
looters and their names were published, despite the fact that some
of these persons have pending cases in court and some just returned
monies for settlement outside the court?
Naming of looters would appear to be a weapon of last resort by
the government, having not been able to see through the trial
process of many big names accused of massive stealing within the
time-frame Nigerians expected convictions and recoveries. It may
not be an elegant approach to fighting corruption but honestly,
those who stole our treasury dry seem to be getting away with the
loot. For whatever it is, it’s helpful for discerning members of
the public to have the information while the trials go on. I do not
see any breach of right to fair hearing here. Quite often, we
flaunt the right of accused persons to the detriment of the larger
interest of the people who have suffered greater damage from
massive pillage of state resources.
Those people will still have their day in court.
Against the backdrop of killings by herdsmen in
some parts of Nigeria, what is your position on the argument that
self-defence is the natural course of illegal attack?
First, our laws and any law for that matter allows for self
preservation, defence of one’s property and honour where there is
imminent attack or threat of it. What is however not permissible is
organised self defence or using attack as self defence. This is
exactly why the state, acting through government agencies, are set
up. Organised self defence will degenerate to pure anarchy and
complete breakdown of law and order where it becomes survival of
the fittest. In this second context, this must be rejected.
That’s why criminal codes are replete with Laws that protect the
state, restrict ownership and use of instruments of coercion, by
private people.
As the 2019 elections in Nigeria draw near, how will you
rate the first tenure of the President Muhammadu Buhari-led APC
government and what do you envisage in the country’s coming
presidential election?
One can understand the anxiety and desperation of Nigerians for
quick results from this government having been short changed for
too long since independence. However, the business of government
isn’t like going to a shopping mall to pick a commodity. It
requires much planning, focus and financial resources in that
order.
A lot of Nigerians seem to also understand dividends of
democracy to mean direct cash coming to them. It’s not like that in
a responsible, accountable government where the outcome of good
governance is demonstrated by provision and assurances of security
and safety of citizens, provision of basic infrastructure, social
services such as education, healthcare, shelter and support for the
weak and vulnerable, the elderly, the young unemployed,and
generally, creation of an environment where citizens and others can
pursue life’s activities with ease and convenience.
Going by these summarised criteria, you will see that the
government is doing a good job. It can of course be still better
especially in the areas of time taken for taking certain
decisions.
But overall, this government definitely deserves to continue in
2019 to take to reasonable fruition a lot of its projects on
infrastructure, power and social support.
No doubt, improved power supply in Nigeria and
Sub-Saharan Africa will lead to greater economic growth and
prosperity for one of the most populated regions of the world. The
US Congress on February 1, 2016 passed the Electrify African Act,
EAA. What would you say about the impact of the Act in
Nigeria?
Energy is a facility that underscores the ability of a country
to move from underdeveloped to a developed, industrialised
country. Support from any country that will add or improve
the energy needs of Nigeria is welcome. The major caveat is that
focus should now be on clean energy and an infrastructure which
isn’t susceptible to collapse from minor weather conditions as we
now experience in Nigeria.
Culled from