By Oamen Areguamen
Norrison Quakers SAN, is a constitutional lawyer. He is also  Secretary, National Working Committee on the Review of Nigeria Law of Evidence, and a member of National Committee on Reform of Administration of Criminal Justice in Nigeria.

He is also serving as a member of Negotiation and Conflict Management Group, Member Chartered Institute of Arbitrators. Consultant, Abolition of Death penalty in Nigeria, Reform of the rules of Court and Court Martial proceedings in Nigeria. In this Interview, he spoke on judicial reform, Sovereign National Conference and the way forward for the country’s judiciary amid the crises that is rocking it and the society in general.

Excerpts:

Do you think that the existing law is adequate enough to tackle the current insecurity challenges in the country?

My answer is yes. The problems with us as a country is not the laws, rules or regulations. We have more than enough laws. Terrorism as we now understand it today, though a new development is also under our laws, it might not necessarily be refered to as terrorism but act of violence.

Our problem as a country is our attitude and you cannot legislate on attitude and the way people feel and behave. To a large extent the insecurity problem in this country is the failure of the society itself and the people in government .

What would be your recommendation to the National Assembly as it is planning to amend the anti-terrorism act?

It is  a good thing to amend the law on terrorism.  There is need to understand why we have act of terrorism , security challenges and  issues that we have presently. There is need to investigate and conduct  research. It is not a question of law, we have laws that promote death penalty.

One would have expected that death penalty and its execution would serve as a deterrent, but it has not solved the problems. I think under Idiagbon and Major General Mohammadu Buhari,  if you are arrested for trafficking a narcotic drug you will be executed but did that in any way address drug trafficking? The  same thing is applicable to armed robbery. So, the question is not just the amendment, but thorough investigations as to know why  we have act of terrorism.

*Norrison Quakers SAN ....The insecurity problem in this country is the failure of the society itself

The 29 man committee set up by the CJN recommended that former president of the Court of Appeal be reinstated, but it appears that CJN is not well disposed to the idea. What is your take on this?

I wouldn’t say that the CJN is not well disposed in re-instating Justice Ayo Salami. A committee was set up and made its  recommendations.  I have always said that the Chief Justice of  Nigeria does not conduct the affairs of the Judiciary in isolation.

He was appointed by a constitutional process and the powers he exercises are conferred on him by the constitution as he executes the function of his office as administrative officer  and as the CJN as well as  the  head of the supreme court.

He is the Chairman of  the  Federal Judicial Service Commission , The National Judicial Council, and  also a member of the Council of State. Now, in relation to judiciary he is the chairman of the National Judicial Council in terms of discipline. It will not be proper for any one to blame the CJN both the past, present, or the future for exercising enormous power; it is our failure to understand the constitutional breakdown that has now led to it.

The judiciary has been seen to be the hope of the common man and some Nigerians are beginning to have doubt over some judgments emanting from the courts. What is your take on this?

I wouldn’t say the judiciary has abdicated his responsibility neither  has it lost its posture and position as the hope of the common man. The courts are there to address the issues brought before it by any party or individual seeking redress.

So, to  that extent the judiciary still becomes the hope of the common man. But then you could have a certain number of judgments which  for some reasons one can doubt because such judgments are not  out to uphold Justice, fairness and equity.

That notwithstanding, the judiciary of the country is empowered by the constitution . There are also constitutional gaps. Justice Oputa said Judges are human beings and they can make errors. When you err there is an appeal court to review  your case , even if the judgment has been induced by monetary consideration or by corruption, that not withstanding, the judgment can also be upturned.

Are you satisfied with the standard of legal practice in the country?

Let me say that there is room for improvement, as to whether I am satisfied I can say I am, but it is a learning process. One can’t stand and say it is good, or we are there, we are not there yet. When I got into the legal profession it was because of the  role model we saw then.

And this inspired us to want to practice law not just as solicitor but as an advocate. The quality of law and practice then cannot not be compared to what is obtained now.  There are numbers of factors that could have affected standard of  legal practice. For us to enjoy the legal profession and to take the legal practice to the next level there is need for all stakeholders to seat and then discuss  on the way forward and the problems must be identified.

There has been lot of concerns over the issue of corruption in our polity how do you think this menace can be tackled?

We have a lot of laws addressing the issue of corruption, so many laws. I am aware some lawyers have been De-barred  over  allegation of poor professional conduct . Now if lawyers as a body discipline their members it must cut across and let us be bold enough to address this issues so that the society will be better for it.

I was told about a particular country, every organ of government in that country is questionable and corrupt but one of the institutions that can not afford to be polluted and corrupted is the judiciary because it is the watch dog of the two organs of government .and so, the watch dog of the judicial  institution are the people themselves.

when a legislator has done something or has fault the law, and he is brought to the court,  the society is watching  and if it is compromised the judiciary is attacked. Corruption is an English word , it is not an African word and it is not a Nigerian word . you  are aware when Obama became president, the governor of his state was going to sell his sen
atorial seat , so corruption is every where. It  is just that in their  own system if you are caught in the act of corruption you are shown the way out and you will be prosecuted but it  is not the same  here. No governor has been convicted for corruption .

Sometimes, it seems as if the law is made for the poor and not for the rich considering how punishments are meted out in our criminal justice system

I do not think so, let me give you an example of what you are referring to. It is the result of the plea bargain that we have now embraced as a country into our criminal justice system. Before now, there was no plea bargain, once you are arrested you are tried and convicted and you are sent to prison.

Mind you, the issue of the criminal sanction  is also at the discretion of   the judge. It is either he gives you the full punishment required by law or uses his discretion  after putting some factors into consideration. And now because of the plea bargain, you can say we have a protracted trial.

There have been calls for Sovereign National Conference, even as the South-South are calling for true federalism and the northern governors clamouring for increase in revenue allocation. Do you think these calls are necessary?

This is the first time I will stand by what the then Senate president  Mr. Ken Nnamani  said that the agitation of the sovereign national conference is unconstitutional  in the sense that  you have a legislature in place , you have legislators that have been voted for as representatives of the people.

If you must advocate the need for Nigerians to talk on the way foreword , if you must address problems plaguing the country in terms of political inequality and other variables , the only organ of government saddled with the responsibility to do that discussion  on behalf of the people is the National Assembly .

If you have a group of political thinkers and leaders of thought who come together to discuss sovereign National Conference, to what extent will it impact on the Nigeria people. Is the government of the day bound by whatever communiqué that may come out of such discussions,  the answer is no, because they are not the elected representative of the people .

The constitution says it is supreme and has a binding authority on all persons and authorities, I think we should give life to the constitution. If a legislator fails to yield to the demand of the people, there is an alternative of  recall.

We need to explore the provision of our laws, and ignorance of these laws is not an excuse, what the people lack now is enlightenment.  People should start speaking to their various community, their  constituency, and  start sensitizing  their people.

What your advice to the people?

We are people who do not believe in order, who do not believe in rules and regulations, what I think we should do is to be conscious   of our rules , to have an orderly society , to have respect and feelings for one another.

I think Nigerians must be forth right, we must be upright, we must have integrity, we must have respect for our rules and regulations. The difference between the developed and the developing society is in our attitudinal behaviours, conduct and  internalized laws.