‘We Need an In-Depth Review of Judicial Salaries’

The nation’s forthcoming general elections is one that many have said is a make or mar one, given the complexities in the polity and the urgent need to reengineer the entire architecture of governance for the nation. As more Presidential aspirants expressed interest last week, one of the nation’s leading intellectuals in governance declared his interest to succeed President Muhammadu Buhari in 2023. Thoroughbred and internationally recognised development Economist with a doctorate in War Studies, Ekiti State Governor and Chairman of Nigeria Governors’ Forum, Dr Kayode Fayemi made his declaration to run for the office of the President of Nigeria in the upcoming elections at a ceremony in Abuja last Wednesday, May 4, 2023. Onikepo Braithwaite and Jude Igbanoi engaged the Presidential aspirant in a conversation and discussed many issues ranging from why he desires to succeed Buhari as President at this critical time in  Nigeria’s history where the country seems to be at one of its lowest ebbs, to his achievements in Justice Sector Reform in Ekiti State and his plans to expatiate on these achievements  across our nation should he be elected as President, to the strides made in his time as Chairman of the Governors’ Forum

Your Excellency, at a public event last week Wednesday you announced your intention to run for the office of the President of the Federal Republic of Nigeria. How did you reach this decision and why do you want the job, especially at this time, with all the socio-economic challenges facing our country?

I should immediately admit to how humbled I am, to accept that my name be put forward for consideration by the APC leadership and membership as the party’s flag bearer in the upcoming contest for a successor to His Excellency, President Muhammadu Buhari. This is not a decision which I have taken lightly. Indeed, to arrive at this point, I traversed the length and breadth of our country to consult and explore with our esteemed elder statesmen and women, traditional rulers, a cross-section of party leaders and rank and file members, and various non-partisan leaders of thought and opinion. I am entering the race fully convinced that based on what I have experienced, heard, and seen about the demands of the times and the aspirations of our people, the agenda that I am proposing for our country is one which will find favour with APC members and win resounding traction with the generality of Nigerians.

But, we are sure that you would have observed first hand in the course of your consultations that the generality of Nigerians are worried about the state of the nation. There is an air of despondency all around. Issues of insecurity and the state of the economy are valid concerns. If elected as President, what would be your administration’s focus areas?

My message in all the places I have visited, is that we should work on the basis of hope rather than despair. Trying times such as we are facing as a nation, and which we are witnessing on a global scale can, if properly managed, be converted into transformatory moments that allow both for the achievement of a fundamental national reset and a major leap forward in our affairs. If elected President of Nigeria, I will be leading the implementation of a holistic and integrated response to the multifaceted security crises confronting us. In my declaration speech, I did say that the adoption of broad socio-economic measures that enhance our capacity to fight insecurity must be done at the same time as investments in reinforcing the deterrent capacity of the State through its armed forces, security agencies, and policing authorities. I believe that authority, legitimacy, deterrence and rapid response go hand in hand, just as we must better interface economic policies with broad social objectives and goals of political inclusivity towards a well-defined outcome, namely, the sustained peace, stability, and progress of our country. The retooling of our armed forces, intelligence agencies, and border guards will be pursued in tandem with an overhaul of our policing system, and the phasing-in of bold universal social policies that would enable us decisively tackle poverty and upgrade human capital and security. In this perspective, the deliberate expansion of employment opportunities, youth entrepreneurship, skills development, and innovation, support for the weak and vulnerable such as we have done in Ekiti State for the elderly, and women’s socio-economic empowerment, will be treated as just one dimension of our comprehensive response to the costly security crises that has destabilised us, as will the pursuit of broad welfare policies that are embedded into a new State-society bargain and the empowerment of citizens.

Your Excellency, can we focus on the issue of security for a moment? You spoke about overhauling our Police system. There has been a lot of talk about Police reforms in Nigeria from as far back as 1999. Yet, it would appear that there is little to show for all the talk. Experts in this field have argued that we need a change of approach from ad hoc interventions to a holistic review of Police and policing in Nigeria. Do you agree?

I agree that we have come a long way, but still have some distance to go before we achieve the Police service that we desire. One of the lessons of the #EndSARS protests, is that we need to deal with the issue of public perception. Public perception of corruption, impunity, absence of accountability, incompetence, and failure to control the law and order situation plague the Police Force. I am pleased that the Inspector- General of Police has identified this challenge, and has placed emphasis on transforming the Nigeria Police into a true public servant capable of elevating the sense of security of Nigerians. There has also been some progress in reforming the system of inquiring into complaints against the Police. Investigation of Police officers by their own authority is widely regarded as unjust, and does not inspire public confidence. No Police accountability mechanism can be considered fair, if it fails to inspire public confidence. The trend all over the world is to set up complaint mechanisms under law by establishing accountability structures, which work transparently, efficiently, effectively, and impartially, and invest the requisite resources and authority to guarantee independent and fair investigations into public complaints against the Police. 

So, I do not agree that it has been all talk. There is no doubt that the reform of the Nigeria Police would require a wide range of reforms interventions, including replacing the out-dated Police Act 1968 with a new legislation that entails a wholesale review and redefinition of the role, function as well as organisational restructuring of the Police. The new Police Act assented to by President Buhari in 2021, is aimed at making the Police less militaristic, institutionally accountable, and service-oriented. I also believe that the key resource available to the Police to fulfil its mandate, is the human resources at its disposal. 

In my view, achieving effective policing in Nigeria will require a combination of more boots on the ground and technology. There are simply too few Police officers policing Nigeria. We need to remove bureaucratic obstacles, that are currently affecting recruitment of qualified persons in to the Force. 

Corruption is also an issue of concern. The Buhari administration has commenced a holistic review of the conditions of service of Police officers, to undercut the incentive for corrupt behaviour. Strong accountability mechanisms and attractive compensation policies are essential elements of a corruption-free system. I will focus on enabling a strong system of public finance management, that ensures that the funds budgeted and released to the Police are utilised for the intended purposes and that sufficient transparency allows for public verification. High standards of financial stewardship should be the norm throughout all levels of the Police Force, thereby reducing the opportunities and incentives for corrupt behaviour.

You have been quoted as saying that you are running largely based on your track record in Ekiti State. We want to get some things on record. What have you done in the area of Administration of Justice? What is your track record in the area of Justice Sector Reforms in Ekiti State?

Our administration of justice agenda, is an important part of the good governance pillar of my administration. Ekiti State is one of the few States with a clear State policy on justice sector reforms, setting out the official vision of our reform objectives, and committing Government to specific reforms necessary to realise that vision. The overall objective of our justice sector reform interventions, is to build a justice system which is affordable, efficient, independent, transparent, professional and accountable to all that live in Ekiti State. We envisage a justice system that ensures the rule of law, observes human rights and contributes to reclaiming the trust of our people in the Justice system. 

In practical terms we have focused on enabling access to justice for all with focus on the poor, vulnerable and marginalised groups. This we have done, by strengthening the Ministry of Justice and its departments that relate directly with the poor and the indigent. The Office of the Public Defender and that of citizens’ rights are important vehicles in this regard. We have also responded to concerns of our citizens about physical access to our justice institutions, by establishing a first Citizens Complaints Centre in our main market in Ado Ekiti. The Centre gives professional legal advice and support, to the needy. I should also mention that even before the #EndSARS protests, we have strived to link human rights with security. Our reform process emphasises the positive duties of Police, prosecutors and courts to protect the rights of victims. 

To ensure the sustainability of these interventions, we commenced and concluded an aggressive review of our laws, specifically those that affect our people on a daily basis. We have concluded a holistic review of our criminal law. We have enacted novel laws, like the Victims of Crime Law to provide additional protection for victims of crime. I believe we are the only State in Nigeria, with an Administration of Civil Justice law. This was enacted, with a view to achieving efficiency in the administration of civil justice. It is one of our legal interventions, aimed at removing obstacles to doing business in Ekiti State. 

I am not saying that we have got it all right, or done all we have to do. Achieving our desired justice system will be a process, not an event. Every aspect of the infrastructure of our justice system requires continuous rethinking to keep up with current realities. Our approaches to policing, adjudication, bail, sentencing, imprisonment needs constant review in significant ways. We have enabled a process of monitoring our various legal, policy and administrative interventions for managing the transformation of our justice system and the institutions that deliver criminal justice.

Ekiti State has received national and international recognition for its aggressive and progressive stance on all forms of gender-based violence. What is Ekiti State doing differently from other States?

I am particularly proud of the progress we have made in Ekiti State, in achieving gender equality and empowerment of women and girls. I cannot take full credit for this, and I must acknowledge important role of the office of the wife of the Governor. We have largely focused on strengthening the capacity of the justice system to protect women and girls from discrimination and violence, including domestic abuse and sexual violence. Our starting point was the publication of policy statements, as an important part of a citizens’ awareness strategy. It is important for our people to be aware of Government’s zero tolerance for all forms of gender-based violence. We introduced a name and shame policy for sex offenders. We were the first State to open a register of sex offenders, where details of convicted sex offenders are written. 

We subsequently backed up our policy framework with appropriate laws. We have by far the most progressive laws on gender-based violence. Our Gender-Based Violence (Prohibition) Law, is possibly the most progressive in the country. We have also responded to emerging concerns on sexual violence against minors, by enacting the Sexual Violence Against Children (Compulsory Treatment and Care) Law. I said before that we undertook a holistic review of our criminal law, including provisions that enable efficiency in the prosecution of sex offenders, while at the same time protecting survivors. Convicted Sex Offenders in Ekiti State, do not benefit from my powers of prerogative of mercy. We have also enabled access to medical treatment, for survivors of sexual violence. This we have done by establishing a sexual assault and referral centre. Ultimately, our approach is not only about laws and policies. We have shown a high level of political will, with my office leading from the front. 

Providing measures to protect women from violence is commendable, but, there is now wide appreciation of the need to empower women in the making of decisions that affect their lives. The issue of under-representation of women in decision making, has been identified as a concern. What is the place of women in elective and appointive offices in Ekiti State?

I agree that the under-representation in power and politics means that women have fewer opportunities to shape the discussion and to effect changes in policy, or to adopt measures to combat gender-based violence and support equality. Our approach in Ekiti State, is multi-pronged. Economic empowerment, is as important as political participation. We have developed several programmes, that focus on the economic empowerment of women. Economic independence enables our women participate in the economic development of Ekiti State. We have implemented programmes aimed at increasing the number of women and enhancing their career progression within the State Civil Service. We have a fair representation of women, in the State Executive Council. We have made progress in encouraging women to participate in the political process and indeed, contest for elective offices particularly in the National and State House of Assembly. I will admit that, we still have some work to do in this area. I recently signed into law, the Political Office (Gender Composition) Law. This law basically seeks to achieve more representation of women, in appointive positions in Ekiti State.

Last year, JUSUN went on strike to push for the better funding of the Judiciary. The strike was called off after signing of an agreement between the Governors forum, the Federal Government and JUSUN. You have been quoted as advocating for the improvement of service conditions of judicial officers. Will you agree that better funding of the Judiciary, including improvement of salaries, are not only necessary but fundamental to the independence of the Judiciary?

Yes, I agree. You may recall that at the time of the strike action, the Nigerian Governors’ Forum was very clear that we had nothing against judicial financial autonomy. We said that judicial independence is not a favour done to the Judiciary, or our judicial officers. All the Governors agreed that the sustainability of our democracy and strengthening the rule of law, depends largely on a virile and assertive Judiciary. Speaking for myself, I thought it was an opportunity to have a national conversation and action plan on the future of Judiciary in Nigeria. While I agree that funding court infrastructure is necessary for the effective functioning of our courts, no less important is the need to ensure that conditions of service of our judicial officers across board, are commensurate with current economic conditions.

I read the report of the Technical Committee on the Review of Judicial Salaries and Allowances, otherwise called the Dayo Apata Committee. The Committee observed that the Federal Government of Nigeria reviewed the salaries and allowances of Public Servants and Political office holders on at least four occasions; however, the salaries of judicial officers were only reviewed twice during the given period. As a result, judicial officers have been on the same salary structure for more than a decade. We need to undertake an in-depth review of judicial salaries. At the very least, they must be set at a comparatively high public-service level, in order to remove both the temptation to corruption, and public contemplation of the possibility of such temptation.

As a follow up question, you mentioned the issue of corruption. Corruption within the justice system. Can you expatiate on this, and share your thoughts on causes and effects of corruption in our Administration of Justice? What would you do differently?

Well, first I think it is important to establish the effects of corruption in our justice system. Few will disagree that it erodes the rule of law, and undermines faith in the justice system. I will add from a broader perspective that it hampers economic growth. In my view, corruption within the justice system is multi-faceted and multi-layered. I strongly believe that we must have committed leadership at each level of the justice institution, if corruption is to be effectively combatted. 

In the broader context of the national fight against corruption this is fundamental; until corruption within the justice sector is severely controlled or eradicated, most legal and programmatic mechanisms put forth to reduce corruption in other sectors of society will be significantly undermined. In my previous life as a member of the governing board of Open Society Justice Initiative, I have had cause to research and debate this issue at different national and international fora. The causes of corruption within the justice sector are largely the same, especially in Africa. There is the issue of limited, or inadequate professional benefits. When the remuneration package, including wages and other employment benefits, retirement and working condition’s of those within the justice system is meagre, and does not adequately correspond to the functions of the office nor allow for an acceptable standard of living, those working within the sector may be forced to pursue self-serving rather than public-serving ends. A justice system replete with individuals who are underpaid and overworked, is a well-tested recipe for corruption. We must also pay special attention to the process of appointment, promotion and dismissal of those who work within the sector. Efforts must be made to reduce nepotism and political patronage within the employment process. In all this, there is the important role of the Bar Association. I have been very impressed, with the leadership of the President of the Nigerian Bar Association. He appreciates the frequently overlooked responsibility of the Bar, to expose and reduce corruption within the justice system.

In response to what I will do differently, again let me state that there are a lot of ongoing interventions in this area. As a starting point, I think it is important to undertake an independent assessment of corruption involving all stakeholders in the justice sector. Evidence of corruption, and not just suspicions or popular belief is required, in order to effectively assess corruption and develop a framework of anti-corruption policies. We need to continue to enforce merit-based employments and appointments across the institutions in the justice sector, and create appropriate legal and institutional frameworks to increase job security and stability, and to enhance the personal will to avoid all forms of extraneous pressure. We should continue to review salaries and enhance working conditions across the justice sector, to eliminate the necessity to supplement incomes with bribes. The enforcement of assets declaration across the justice sector and codes of ethical conduct, will also strengthen the transparency and accountability of all who are involved in the justice system.

Talking about politics, will it be fair to say that your party appears to be in a state of confusion in identifying suitable persons to contest the Presidential elections? At the last count there were over 20 persons reported to be in the contest. Some say the numbers will increase. Even if the issue of finding a suitable candidate is resolved, there is also the uncertainty about zoning of the presidential ticket. While some say the office is zoned to the South, some say it should be zoned to the South-East specifically. Is this state of confusion not a clear and present danger to the harmonious existence of the APC, and to your chances in the primary election?

Not at all. You see confusion, I see healthy competition. The fact that you have quite a number of competent people competing for the highest office in the land in our party, and a similar number in the mainstream opposition party is one: a function of the fact that the incumbent is on his way out and there’s a vacancy; and, two: an indication of the enormity of the challenges ahead and the need for ordinary Nigerians, particularly party members to be spoilt for choice. When I ran for Governor here in 2018, there were 33 of us in the race at the end of the day, and the transparent primary process produced me. And that’s just Ekiti. 

Clearly, it would be a good opportunity for examining competing visions of working towards a better country that is responsive to the yearnings of the citizens. I hope the media and the voters in the election, will take time out to subject all of us to critical scrutiny on our agenda for Nigeria. That’s why I agreed to this interview. 

On your question regarding zoning, my own humble opinion is that rotation, zoning, positive discrimination or whatever name you choose to give it is understandable within the context of divided societies that are multi-cultural, multi ethnic and multi religious. This becomes necessary, in managing diversity and difference. At the same time, there is no doubt that you have competent Nigerians from all parts of Nigeria who are ready to step into the Nigerian presidency with capacity and compassion, regardless of their religion or ethnicity. As long as it does not privilege zoning over competence and capacity, I don’t have a problem. However, we must also be wary of the tyranny of meritocracy or competence. In other words, we need to balance our need for national cohesion and stability, with our search for capacity and competence.

Some have said that your position has Chairman Nigerian Governors’ Forum has placed you in a unique position to appreciate all the struggles States are experiencing in delivering the proverbial dividends of democracy to Nigerians. What has been your experience thus far, and how have you been able to achieve unity among your brother Governors, despite diverging views on critical matters like open grazing, insecurity, independence of the Judiciary, local government autonomy, etc.?

It has really been a great honour and privilege, to lead my brother Governors in the Nigeria Governors’ Forum. The job of the Chairman of the Forum is not that of a school principal, it’s more the job of a coordinator, a first among equals task. So, it rests more on cooperation and collaboration, based on peer learning. And the task is to promote, defend and protect members of the Forum, whilst equally promoting improved relations between the central government and the sub-nationals. One has tried to do this reasonably well, in spite of political party differences in the Forum. You hardly hear of any divergent views on the pertinent issues of the day, including all the ones you’ve just mentioned – open grazing, local government autonomy, independent Judiciary and Insecurity. Whilst there will always be local peculiarities, the Forum’s position has been largely united on all these issues. Take the most contentious issue of open grazing, all members of the Forum, North and South believe that open grazing is outdated and should be done away with. The sticky point was timing and financial burden of transitioning from open grazing to say, for example, ranching or what some call rural grazing areas. In the National Livestock Transformation Programme to which virtually all States subscribed, the agreed suggestion is for States to benefit from support similar to commercial agricultural credit scheme currently enjoyed by cash and food crops farmers in the Anchor Borrowers Scheme. Other States like Ekiti, Kaduna, Niger are adopting public-private partnership with commercial businesses, such as we entered into with Promasidor to revive our Ikun Dairy Farm in Ekiti which now produces roughly 80,000 litres of milk on a monthly basis. So, I have enjoyed a great deal of trust, confidence and cooperation from my brother Governors regardless of their party because they know I make their problems mine and I provide leadership in the collective search for solutions at all times. I have also garnered in the process a great deal of experience on the nuances and idiosyncrasies of different parts of the country, and there’s hardly any part of this country that I haven’t been in the past three years on behalf of the Forum and I have made friends from all over. So, the Forum is a great resource for managing diversity and difference, reducing tension and promoting peace. It also promotes better relations, amongst brother Governors. Indeed, one of the issues I have had to work on since I came on board, was creating better understanding between former Governors and their successors. In the past, this was a problem in many States. 

Another important issue we have collectively taken on, is the work on the sore topic of sexual and gender-based violence. Between June 2020 when we declared a state of emergency on this issue and now, we have seen a significant rise in the number of States that have signed up to the main law, Violence Against Persons Prohibition (VAPP) Act from 14 to 30 States. This is borne out of political will on the part of my colleagues to stem the tide of violence, particularly rape, defilement and female genital mutilation. 

On security, we have had a stabilising influence working with Federal authorities on policing and national security. If you also consider the fact that the bulk of my time in office has been dominated by a public health emergency with the outbreak of the Covid-19 pandemic, the Forum has had to play a frontline role in coordinating the national response to this public health emergency and strengthening our health systems preparedness in the process. You can also add to this rebranding process, the work we have been doing on strengthening transparency and accountability mechanisms in States through open governance systems, establishing more open and timely budgetary, audit and procurement systems in all our States and providing for more effective legislative and civil society oversight responsibilities. In short, the Forum has been an effective vehicle for strengthening Nigeria’s federalism as well as addressing its shortcomings, and our States and the nation are the better for it.

Thank you Your Excellency.