Just Human

August 20, 2011

Six-Year Single Term: Jonathan misunderstood – Senator Osunbor

Six-Year Single Term: Jonathan misunderstood – Senator Osunbor

* Senator Oserheimen Osunbor

By Emman Ovuakporie

Former Governor of Edo State, Senator Oserheimen  Osunbor,  Professor of Law and  member of the Nigerian Law Reform Commission, recently had a chat with Sunday Vanguard on burning issues in the country among which are the six-year single term proposal, Islamic banking,  President Jonathan’s transformation agenda and the Edo PDP imbroglio.
For a man who has been out of public glare since that infamous loss of his gubernatorial seat in 2008 – yes infamous, according to Peoples Democratic Party, PDP, leaders who saw the loss as a function of the fight in the ranks of the leaders.
But Osunbor has kept his studied silence. Therefore, it was not too easy to convince him to speak.  But after much persuasion, this quiet intellectual opened up.
On the issue of six-year single term tenure, Prof. Osunbor says there are good arguments on both sides.  But he was quick to note that four-year double tenure does not in any way solve any problem, particularly with the example of his Edo State under a particular governor. Hear Osunbor:  “If you elect a bad person who will not want to do anything, he will manipulate his way to ensure that he is there for two terms and he will do nothing for the two terms”.
On the war between retiring Chief Justice of Nigeria, Justice Aloysius  Katsina-Alu  and now suspended President of the Court of Appeal, Justice Isa Ayo Salami, Osunbor says the laws of the land are clear in handling all matters.

Excerpts:
As a professor of law, if the tango between Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, and now suspended President of the Court of Appeal, Justice Isa Ayo Salami, were to be between simple citizens, refusing to be served court papers, what does that say and how should it be handled?

* Senator Oserheimen Osunbor

Nobody is above the law.If a court process or writ cannot be served because the defendant cannot be reached or is evading service, the plaintiff may again apply to the court seeking an order for substituted service.  An example is by pasting it in his last known address or publishing it in a widely-circulated newspaper.  When so advertised, that will be taken as sufficient service on the defendant.

The law and the rules of the court anticipate this and have accordingly made provision for an order for “substituted service”.

The case against Justice Isa Ayo Salami by the National Judicial Commission, NJC, is that he lied under oath.  If established, should a mere apology be the necessary sanction, that is if it is true that NJC is correct in saying that Salami lied under oath?

….

Read Prof. Osunbor’s response to the above questions and the full interview in tomorrow’s edition of Sunday Vanguard.