By Innocent Anaba

Chief Solo Akuma, Senior Advocate of Nigeria, is the former Attorney General and Commissioner for Justice Abia State. A recent recipient of the National Honour of Member of the Order of the Niger, MON, Chief Akuma in this interview,  spoke on the failure of the National Assembly to outlaw decampment of elected public officers to other political parties, saying that “defection is condemnable and does not encourage development of political parties in anyway.”

On how to ensure quick handling of election petitions, as the 2011 general elections approach, he said “where there are many election petitions, more tribunals should be appointed in that State in order to reduce the work load and make the disposal of election matters faster. Again, those appointed to serve in election tribunals should undergo  refresher course on the handling of election petition matters.”
Excerpt.

Some Nigerians have argued that we have the most expensive democracy in the world. What do you think can be done to cut the cost of governance in the country?

There is no doubt that the cost of governance in this country both at the state and federal level is very high. This is because there is no legislative frame work in place to guide the political office holders, namely the President, Governors, Senate President, Speaker House of Representatives and Speakers of the various Houses of Assembly in the states on the number of appointments to make as Ministers, Commissioners, Special Advisers, Assistant and other political appointees respectively.

Again, there is no law that stipulates the official expenditure limit for all the public office holders. When you see the intimidating convoy of these public office holders, you will weep for this country on how our money is being spent. I suggest that both the National Assembly and State Houses of Assembly should be courageous enough to pass legislation that will check this profligacy.

Chief Akuma, SAN

The National Assembly with the amendments done to the constitution failed to outlaw decampment, as it has been the case for desperate politicians to shop for party platform to get to office, only for them to switch to another party so as to retain their positions. What does this portend for the development of political parties in the country?

It is unfortunate that defection was not outlawed in the just concluded Constitutional Amendment by the National Assembly. It is immoral for one, after winning an election under the platform of a political party to defect to another political party with the mandate of the people who did not vote for that political party. This is a deprivation of the right of the people who voted for the candidate at the election.

The rampant defections we have witnessed in this country are adversely affecting the development of political parties in Nigeria. Elected members of political parties sustain the momentum in their respective political parties, they attract fellowship and fund political activities. Therefore, when those who are to sustain the party leave the party and defect to another party the fortunes of the party will fall and the party will be weakened. Defection is condemnable and does not encourage development of political parties in anyway.

Nigerians are of the opinion that we don’t have principled politicians, as they are lacking in ideology, in view of the fact that their belonging to the opposition  is just for them to get into the ruling party. How can this trend be checked, so that our democracy can really grow?

It is not lack of ideology that is responsible for our not having principled politicians in Nigeria. Over the year, we have not cultivated the culture of service and what our elected representatives do is to use their position to satisfy their selfish interest by amassing personal wealth at the detriment of the people they represent. Political ideology is developed over time and it can hardly take root where you have proliferation of political parties as we have in Nigeria today. For our democracy to grow and along ideological lines, we should not have more than two political parties and our politicians should discipline themselves and find accommodation within two political parties.

Is one man one vote feasible in Nigeria, in view of the fact that we have always had problem with our voters register every time election is held?

One man one vote is feasible in Nigeria. INEC as presently constituted has evinced intention to do things in the right way and the Presidency has been co_operating with them. As we were informed that funds have been released to INEC for its operations, I have no doubt that INEC will compile a credible votes register and conduct credible, free and fair elections in 2011. I call on Nigerians to repose confidence in the present INEC and give the Commission the required cooperation to enable it succeed in their statutory responsibilities.

Vanguard Law, recently published an article by Emeka Umeagbalasi of International Society for Civil Liberties and Rule of Law, in which it said that less than a year to elections, there are many cases still pending at the Court of Appeal from 2007 general elections. What does this portend for the country?

The election tribunals and Court of Appeal have tried to ensure that election matters are given expeditious hearing and determination. The few cases pending in the Court of Appeal may be from re_run elections. Our Courts should ensure that all outstanding elections matters are disposed of without delay as further delay of election matters does not augur well for the country.

The survey blamed the courts for the delay in the quick determination of election petitions. Do you agree and what is the way out?

I do not agree that the whole delay in the determination of election petitions should be on the Court. In the administration of justice, the litigants, their counsel and Court have their respective roles to play. Where the litigants and their counsel have not done all required of them by the rules of Court to make the matter ripe for hearing, there is little the Court can do about it.

As a way out, the government should between now and when next election petitions will commence,  fill in vacancies in our various Courts. Some Justices have retired from the Supreme Court and Court of Appeal. There should be immediate appointments to replace those who have retired. All the Divisions of the Court of Appeal, must have full compliments of their judicial officers.

The appointments must be done now to get them ready for the forthcoming elections petitions. In the same vein, all existing vacancies in various State High Courts should be filled because it is mostly from the State High Courts that members of the election tribunals will be drawn from. However, a free, fair and credible election will definitely reduce the number of person challenging any election and also the number of election petitions. Elections are challenged when contestants feel short changed.

In view of the fact that elections are close by, what practical measures can the head of the courts adopt to ensure that election matters are disposed off timeously?

Where there are many election petitions, more tribunal should be appointed in that State in order to reduce the work load and make the disposal of election matters faster. Again, the  election tribunals should undergo  refresher course on the handling of election petition matters. Those to be appointed to serve in election tribunals must be judicial officers who are physically strong, hardworking, healthy and intelligent.

Nigerians have argued that the present constitutional amendment was not far reaching enough. Do you agree?

I agree that the present Constitutional Amendment was not for reaching enough. Whatever area that require amendment may be taken up some other time. However, I commend the members of the National Assembly for their efforts in the Constitutional Amendment.

Do you share the view that the general elections should be staggered?

Yes. There is nothing wrong in staggering the general election in Nigeria. With the number of political parties we have in this country  and the level of education of the electorate, it will be difficult to conduct general election in one day. Therefore, staggering the elections is the only way out.

You were awarded a national honour recently. What is your reaction to the views that some Nigerians,  who do not deserve the awarded were also honoured with it?

I was privileged to be awarded with the National Honour of Member of the Order of the Niger, MON, by President Goodluck Jonathan on  July 22, 2010.

It is surprising to me that the Nigerian factor has crept into the Award of National Honours, to the extent that those who do not deserve the award were honoured. My humble suggestion is that the Presidency should set a parameter to be followed by the National Honours Award Committee so that only those who deserve the honour are awarded and those who do not deserve it will not be honoured.