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1999 Constitution remains a fraud and should be revoked, says Nwakaeti Mr. Lawrence Nwakaeti is an Imo State based legal practitioner and human rights activist. He is former Chairman, Nigeria Bar Association (NBA), Owerri branch. He was also a member, National Executive Council and Human Rights Commission of the NBA. In this interview with COLLINS OSUJI, he speaks on Nigerian judicial system, the recent banning of the Special Anti-Robbery Squad, (SARS), among others. Nigeria just marked her 60th independence. In your opinion, what areas do you think need to be improved in our judicial system? He, who pays the piper, calls the tune. This particular aphorism is true when it comes to master – servant relationship. The master always issues directives, while the servant is there to carry out the directives. I wouldn’t want to say it applies to the relationship between the judiciary and the other arms of government, but in a way when the judiciary always move cap-in-hand asking for fund from the executive, there is that feeling of dependence in the psyche of an average judicial officer. For their vehicles to be changed, the executive must approve it. For them to get appointed, the executive must approve it. For them to have facilities to work effectively, the executive must approve it. Those are not good for the judiciary. I think it is high time we looked into the financial autonomy of the judiciary. At the end of any fiscal year, whatever is the need of the judicial arm of government should be articulated and forwarded to form part of the budget of the nation so that at the point of passage, once funds are released, these funds should be transferred as first line charge. That is what the Constitution says. And the moment they get this fund, they use it, as the needs arise instead of the executive keeping these funds as a father keeps the money belonging to his small child. The judiciary, which is an equal partner in the business of governance should be able to access its funds on time and use it as it deemed fit. What I am saying is that there is a very big gap or disparity in the way the executive, the legislature and the judiciary access their funds. The executive accesses funds, as it wants. The same applies to the legislature but it does not apply to the judiciary. So the moment that financial autonomy is practicalised, I think it will be better. And this is the right time to do that. Still on the 60th independence, what do you think is the way forward for Nigeria? We are still in infancy stage even though we are 60. The military did a lot of damage to Nigeria. It was military adventurism, which moved from one junta to the other. At a point, it became a fashion. And upon leaving office, they bequeathed on us a fraud called the 1999 Constitution. Why did I say it is a fraud? The opening line says, “we the people of Nigeria give unto ourselves the following constitution.” When did we meet to do that? Who are the we? When something is founded on fraud, it diminishes its benefit because you can’t place something on nothing and expect it to stand. A couple that derived the name from “Nigga Area”, meaning area occupied by Negros, derogatorily named the country. Some think it is “Niger Area”. Even at that, the name Niger relates to the same Nigga. And the people that made up the entity have nothing in common. They were forced together without their consent. None of their ancestors, none of their leadership ever signed the amalgamation document because I know that as at 1914 when Nigeria came to be, Zik was 10 years and Awolowo was five. Zik was born in 1904, while Awolowo was born in 1909. Sir Ahmadu Bello, the late Premier of the defunct Northern region was younger. So you now asked, who signed it for us? So Lord Lugard by fiat joined disparate people together. Now, when they realised the diverse nature of this country, they decided to adopt a system through several constitutional conferences. You have the 1942 Richard’s constitution; you have the Macpherson and so many others. I may not quote the dates offhand. Even the Willink’s commission that gave birth to Richards’ constitution looked into the rights of the minorities to assuage their fears, by proposing a regional system of government where each region will be autonomous. Then it came up with three regions, the North, the West and the East. The Midwestern region was carved out of the Western region in 1963. Now, each of these regions was autonomous. They had their own constitution, police, judicial service and civil service. They had everything except defence, currency, and few other duties that were prerogative of the national body. Every other duty devolved to the regions. And they were self-sustaining. You pay taxes to the Federal government, or the government at the centre. Now, each of them was competing with the other in a healthy relationship. |
IgweOfNnewi:The op is biased Aguiyi Ironsi destroYED NIGERIA FOR ABOLITION REGIONAL GOVT. |
udoji2021:Bring your junior sister or a relative to help out till she give birth. |
Regional government is a system of governmment where the regions are strong and the central government is weak .The regions will control their police,Customs,military,coastguard,judiciary ,taxes,resources,Projects,immigration,Laws,Tourism,Health and Education etc. During the regional govt era,regions were developing at his own pace until the regions were abolished by the military junta of Aguiyi Ironsi in 1966. Any views |
Bawal:There is nothing wrong with you.You are sexually attracted to your wife and you both have sexual compatibility. |
udoji2021:Pregnancy affects women in different ways.Try to bring in her younger sister to assist in the house chores. Some Pregnant women sleep alot due to tiredness.You impregnated, you just have to bear with her. As for the beating,talk to her you hate it and if she refuses report her to her elders. |
Every Igbo in Nigeria should get a gun, if you own a house in Northern side sell it and return home now before the boarder will be closed ~ Senator Enyinnaya Abaribe Ojukwu and Gowon agreed on restructuring at Aburi in Ghana, but Gowon came back and denied the agreement. That denial by Gowon led to civil war that claimed millions of Igbo lives with the help of British government. Today, majority of Nigerians are clamouring for the same restructuring they rejected. Believe it or not, Igbos have foresight! ~ Senator Enyinnaya Abaribe https://www.facebook.com/276389602812596/posts/1221707124947501/?d=n |
200 million mumus nothing go happen na 200 million mumu.Subsidy them ,subsidy them papa subsidy them mama too |
Valkan:You mean fulani army. |
LesbianBoy:If Apostle dey Bleep them,na man dey Bleep woman for nature,why didnt the male gender stand up for their own. The females are supporting their own so let it be |
habsydiamond:The man is a narcissist,he will do the same to other women |
edimalo:A friend spend only N10,000 for a 3bedroom in Osun state for 3 months. |
Fvckyouall:Every human is responsible for its own actions and consequences.Why dont animals blame the devil too? |
amuwo1980:Like your ancestor got encephalitis and penile cancer. |
BigShishi:Foolish baba ijesha blaming the devil.One thing about criminals is they never stop committing crimes until they are caught and severely punished. |
With the recent unrest in the North and East,Yoruba police and soldiers should redeploy to their ancestral home.They should be given priority for jobs in their ancestral home.Let Igbo officers man their space and Hausas do the same. |
YaribanzaMuslim:IPOb Criminal trying to cause division among Yorubas.You are an imposter.If Yoruba officers are killed in the East,Igbo officer have no business working in the South west because we need those slots for our Yoruba children in Yorubaland. Igbos destroyed Nigeria by scrapping regionnal govt out of greed and are paying the price for the greed for giving Fulanis power on a platter of gold. May Amadioha strike you and your family if you write anything about Yorubas again.Ise |
Nice |
Terorislam:Peter Obi is a drug addict and a murderer. |
NEWSREPORT:The Senator is talking rubbish,they should impeach the impeachables if they are not doing their jobs.Will clise down of NASS put food on poor man’s table. |
jaxxy:For deflection,some fulanis will be sacrificed too just like the Jews also do.The end justifies the means.Nothing must stand in the way for the greater good. |
bolaayenimo:He is Ebira from his father’s side,his mum is from Osun state confirmed.his nickname is Obuko Ebira. |
Amotolongbo:He should go and contest in Ebiraland,his ancestral home. |
Truth is bitter to the IPobians. |
9icest:They Are all fulani millitia operating under different brand names.They have the same mission to take Nigeria for fulanis.It has nothing to do with religion even though religion is used as their cover to deceive the gullible ones. |
funkekemi:Invite them to your house |
1.Nigeria is a country created by British and its allies as a vassal state with a puppet as the head. 2.The Western interests and its allies investments must be protected and they will all they can to protect it at the cost of African blood. 3.The Western countries with business and strategic interests in Nigeria are Britain,America,Italy,Denmark,Sweden,France,Israel etc.China is the money lender for projects.Different countries also have a stake in Nigeria. 4. The fulani leader is only a puppet who follows orders and dictate of his masters on the Western plantation of Nigeria.He is the house nigger while the rest are plantation slaves. 5.The North/Fulani cannot allow any part of the country to seceed unless her masters give a nod. 6.Yorubas,Igbos,Hausas,Igalas,Binis,Efiks etcare not the enemies because we are all victims of thos forced marriage to other nationalities we share no similarities with. 7.The secession agitators must negotiate with these western countries with stakes in the Nigeria first on how they can protect their interests and seek support for their goals. 8. There is need to talk about religious and ethnic diversities in the potential new republic like a debate. 9.For arms struggle,you need foreign allies to suceed and recognise your country. Share yours. |
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Arebesola is an Ijesha man