Judges Have A Decision To Make…And It’s Now (1)

Editors Note; Written By Lanre Adewole
Originally published in Tribuneonlineng.com^[1]

Apostles of true federalism have gained a lot of ground on
federalists in recent years, primarily due to the emerging fascism
from the centre. It is a no-brainer that Abuja has deliberately
become too powerful, using the constitution as an excuse to the
detriment of the state components. No doubt, the self-made Big
Daddy in Abuja needs emergency gym sessions, not only to be
trim-to-fit, but the constitutional gymnastics must also
appropriately nourish the states, in a way that the balanced diet
would be sustaining.

Yoruba will say if one stays for long in the sun, shade will
meet him there, because the sun must set at a point. With the
frenetic pace restructuring is catching up with even former
adversaries, it appears the season of fatness is here for the
governors, so much, to even take home.

A note of caution here though. While it is reasonably okay to
give more to the guys with too little, and the one with too much,
compelled to let go of the excesses, clogging as overload, care
must be taken to ensure the one getting more has the capability to
manage the new weight of the additions. The Bible speaks of
peculiar situations when talents can be taken from one with little
and added to the much, in care, of the responsible fellow.

As an advocate of true regionalism, I also worry about the
quality in government houses across state capitals today. Much more
troubling is the manifest megalomania across board. Since Olusegun
Obasanjo as President, opened their eyes to how powerful their US
counterparts are, always sharing the White House with Senators, and
the front-row roles he allowed them, in the search for his
successor, using the Ayo Fayose’s search party, to produce late
Yar’Adua, governors have become oracles, determining 
Nigeria’s socio-political and economic fortunes. Unfortunately,
because it wasn’t impressed on them, the huge responsibilities that
come with the privileges and the kind of comeuppance that recently
consumed Governor Andrew Cuomo of New York and about consuming
Governor Gavin Newsom of California, state governors in Nigeria
have largely got away, committing sacrilege of vilest order. The
few times a couple got vanquished were blatant political moments,
hidden under anti-corruption drive. No governor has ever been
sanctioned for criminally denying the people their constitutional
rights. Illegal use of council funds gets easy pass here. Criminal
diversion of money for salary and pension means nothing to the
enforcers of the rule. The political class only fights itself over
“sharing”.

In getting more from Abuja, state helmsmen are united. Nigerians
in their majority are also united behind them. Though there are
worries about what the governors would do with more constitutional
powers, considering how they have (mis)managed the “little” they
have now, but Abuja, particularly under the grievous circumstances
the country has found itself, is now the common enemy. The
restructuring sentiment bears semblance to pre-1999 when Nigerians
were ready to accept whatever shade of civil rule available instead
of further accommodating the excesses of the military. 22 years
after, it is debatably difficult to say if it was the right
sentiment to express. Recently one of the vilified military junta’s
heads, Ibrahim Babangida, was using the democratic leaders of our
time to catch cruise. He boasted that when it comes to filth in
official circle his government considered one of the most corrupt
in history is celibate, compared to the recklessness in power
corridor today. You want to shout, you Gbada (shortened Gbadamosi),
but everywhere is quiet.

Though governors contribute majorly to the rot around, you can’t
deny a prodigal his share, once legitimate. Most of the items on
the Exclusive List today were admirably administered by regions of
old. Add to the fact the fact they are being poorly handled today,
and the argument becomes stronger that the legacy states of the
defunct regions should have back their inheritance. Since the
governors haven’t proved themselves better than the prodigal son,
constitutional checks should accompany the handover of the fortune
to disallow squander-mania and the states becoming destitute
again.

When waves are within your length, you ride high and fast.
Governors recognise the momentum and are trying to sail
unassailably.

In the Senate, Kaduna gadfly, Nasir el-Rufai, is leading a
legislative effort aimed at giving governors absolute control over
the judiciary in their states. Ideal definition of separation of
powers should ordinarily make the attempt amoral. But, when placed
side by side true federalism, the recrimination, may be slightly
subjective. Birthed under Section 153(1), National Judicial Council
is one of the federal executive bodies created by the operative
1999 Constitution. Serving as the umbrella-institution for the arm
of government, the Council is constitutionally-responsible for the
appointment, promotion and discipline of all judicial officers.
With the president and governors as appointing authorities at
federal and states respectively, what the constitution has done is
to ensure that neither the executive arm nor NJC has absolute
control of the Bench, whose words are laws!

That looks a fair deal, dealing in checks and balances. NJC
recommends after conducting due process, governors approve. When
disagreements arise both parties are to keep shifting ground until
understanding is found. Ideally so.

But it has never been easy in practice as it sounds. Governors,
obviously, don’t like being impeded in Abuja, since no one can dare
in their states. When some of them, attempted to circumvent the
constitution, they met a solid brick-wall.

The first female Chief Justice in history, as the chairperson of
the Council, Aloma Mukhtar, went to war with disagreeable
governors, especially on the vexed issue of appointment of Chief
Judges. From Rauf  Aregbesola who wanted an outsider, Olubunmi
Oyewole from Lagos Division as Osun CJ, to Rotimi Amaechi, who
wanted a certain Peter Agumagu instead of most senior, Justice
Daisy Okocha and a Northern governor who didn’t want a Christian
female CJ from South married to a SAN from the North, Aloma stood
eyeball to eyeball with them. When Amaechi would not back off, she
smashed Agumagu’s head, sending him home early. Oyewole crawled
back to Lagos.

(To be continued).

Editors Note; Written By Lanre Adewole
Originally published in Tribuneonlineng.com^[1]

Apostles of true federalism have gained a lot of ground on
federalists in recent years, primarily due to the emerging fascism
from the centre. It is a no-brainer that Abuja has deliberately
become too powerful, using the constitution as an excuse to the
detriment of the state components. No doubt, the self-made Big
Daddy in Abuja needs emergency gym sessions, not only to be
trim-to-fit, but the constitutional gymnastics must also
appropriately nourish the states, in a way that the balanced diet
would be sustaining.

Yoruba will say if one stays for long in the sun, shade will
meet him there, because the sun must set at a point. With the
frenetic pace restructuring is catching up with even former
adversaries, it appears the season of fatness is here for the
governors, so much, to even take home.

A note of caution here though. While it is reasonably okay to
give more to the guys with too little, and the one with too much,
compelled to let go of the excesses, clogging as overload, care
must be taken to ensure the one getting more has the capability to
manage the new weight of the additions. The Bible speaks of
peculiar situations when talents can be taken from one with little
and added to the much, in care, of the responsible fellow.

As an advocate of true regionalism, I also worry about the
quality in government houses across state capitals today. Much more
troubling is the manifest megalomania across board. Since Olusegun
Obasanjo as President, opened their eyes to how powerful their US
counterparts are, always sharing the White House with Senators, and
the front-row roles he allowed them, in the search for his
successor, using the Ayo Fayose’s search party, to produce late
Yar’Adua, governors have become oracles, determining 
Nigeria’s socio-political and economic fortunes. Unfortunately,
because it wasn’t impressed on them, the huge responsibilities that
come with the privileges and the kind of comeuppance that recently
consumed Governor Andrew Cuomo of New York and about consuming
Governor Gavin Newsom of California, state governors in Nigeria
have largely got away, committing sacrilege of vilest order. The
few times a couple got vanquished were blatant political moments,
hidden under anti-corruption drive. No governor has ever been
sanctioned for criminally denying the people their constitutional
rights. Illegal use of council funds gets easy pass here. Criminal
diversion of money for salary and pension means nothing to the
enforcers of the rule. The political class only fights itself over
“sharing”.

In getting more from Abuja, state helmsmen are united. Nigerians
in their majority are also united behind them. Though there are
worries about what the governors would do with more constitutional
powers, considering how they have (mis)managed the “little” they
have now, but Abuja, particularly under the grievous circumstances
the country has found itself, is now the common enemy. The
restructuring sentiment bears semblance to pre-1999 when Nigerians
were ready to accept whatever shade of civil rule available instead
of further accommodating the excesses of the military. 22 years
after, it is debatably difficult to say if it was the right
sentiment to express. Recently one of the vilified military junta’s
heads, Ibrahim Babangida, was using the democratic leaders of our
time to catch cruise. He boasted that when it comes to filth in
official circle his government considered one of the most corrupt
in history is celibate, compared to the recklessness in power
corridor today. You want to shout, you Gbada (shortened Gbadamosi),
but everywhere is quiet.

Though governors contribute majorly to the rot around, you can’t
deny a prodigal his share, once legitimate. Most of the items on
the Exclusive List today were admirably administered by regions of
old. Add to the fact the fact they are being poorly handled today,
and the argument becomes stronger that the legacy states of the
defunct regions should have back their inheritance. Since the
governors haven’t proved themselves better than the prodigal son,
constitutional checks should accompany the handover of the fortune
to disallow squander-mania and the states becoming destitute
again.

When waves are within your length, you ride high and fast.
Governors recognise the momentum and are trying to sail
unassailably.

In the Senate, Kaduna gadfly, Nasir el-Rufai, is leading a
legislative effort aimed at giving governors absolute control over
the judiciary in their states. Ideal definition of separation of
powers should ordinarily make the attempt amoral. But, when placed
side by side true federalism, the recrimination, may be slightly
subjective. Birthed under Section 153(1), National Judicial Council
is one of the federal executive bodies created by the operative
1999 Constitution. Serving as the umbrella-institution for the arm
of government, the Council is constitutionally-responsible for the
appointment, promotion and discipline of all judicial officers.
With the president and governors as appointing authorities at
federal and states respectively, what the constitution has done is
to ensure that neither the executive arm nor NJC has absolute
control of the Bench, whose words are laws!

That looks a fair deal, dealing in checks and balances. NJC
recommends after conducting due process, governors approve. When
disagreements arise both parties are to keep shifting ground until
understanding is found. Ideally so.

But it has never been easy in practice as it sounds. Governors,
obviously, don’t like being impeded in Abuja, since no one can dare
in their states. When some of them, attempted to circumvent the
constitution, they met a solid brick-wall.

The first female Chief Justice in history, as the chairperson of
the Council, Aloma Mukhtar, went to war with disagreeable
governors, especially on the vexed issue of appointment of Chief
Judges. From Rauf  Aregbesola who wanted an outsider, Olubunmi
Oyewole from Lagos Division as Osun CJ, to Rotimi Amaechi, who
wanted a certain Peter Agumagu instead of most senior, Justice
Daisy Okocha and a Northern governor who didn’t want a Christian
female CJ from South married to a SAN from the North, Aloma stood
eyeball to eyeball with them. When Amaechi would not back off, she
smashed Agumagu’s head, sending him home early. Oyewole crawled
back to Lagos.

(To be continued).