‘Not Every Igbo Believes in IPOB’s Agitation’

Hitting the age of 60 in a country where the life expectancy is 54.33 years, is a privilege that may not easily be available to many. The Chairman, Council of Legal Education, Chief Emeka Ngige, SAN turned 60 on Sunday, July 11, 2021, and in a chat with Onikepo Braithwaite and Jude Igbanoi, he defended his unflinching faith in the Nigerian nation, and why he doesn’t believe in IPOB’s agitation for self-determination, but rather a country based on equitable distribution of resources, appointments and projects. He also makes a case for Devolution of Powers and State Police

Congratulations on your 60th birthday, Learned Silk. We wish you many more happy, useful, and prosperous years. As you have just turned 60, do you still have faith in the Nigeri-an nation, given the present insecurity, eco-nomic and ethnic challenges?

Thank you so much, for your best wishes and prayers. I must also use this opportunity, to thank you for the giant strides your team in This Day Lawyer has been recording over the years. You have done a lot in improving legal education and awareness among legal practi-tioners, judicial officers and law students. Your law pages every Tuesday are a ‘must-read’ for many of us in legal practice. Any Tuesday with-out your law page. is not complete for me. Please, keep it up.

Specifically as to your question on whether I still have faith in this country given the insecurity, economic and ethnic challenges facing us, my answer is a straight ‘Yes.’ My faith and belief in the oneness of this country, has never been shaken for a second. All the challenges you mentioned, constitute a passing phase in our journey to nationhood. Insecurity is a global challenge. There is hardly any part of the world, that does not have its own share of security challenges. Even in America – the ho-mestead of democracy – we read reports of violent shootings every now and then. The epidemic of gun violence in that country, has not made Americans question the oneness of their nation. The menace has even become accepted as a way of life, leaving the hapless citizens to the mercy of God. You just pray not to be at the wrong place at the wrong time. In the West African sub-region, the insecurity challenges we face are not restricted to Nigeria; they are also prevalent in Ghana, Niger, Bur-kina Faso, Chad, Sierra Leone and some parts of Cameroun. Just Google ‘insecurity in Africa’, and you will discover that the challenge is not restricted to Nigeria. The other day, there were public demonstrations against rising insecurity in Ghana. Same also took place in Burkina Faso. So, there is no basis for anyone to question the oneness of the nation simply because we have security challenges.

Similarly, the economic challenge we face is al-so global. No country in the world – in the af-termath of the coronavirus pandemic – is free from economic crisis. It is also a passing phase.

On ethnicity and its challenges, it has been with us since independence, but we shall surely overcome it. The young generation of Nigerians we are breeding today, are more urbane and cosmopolitan than our own generation. With inter-tribal marriages that have risen signifi-cantly in the country, the challenge of ethnicity will pale into insignificance with time.

As a leader of thought in Igboland, what are your thoughts on the recent re-arrest of Mazi Nnamdi Kanu of the proscribed IPOB, and its implications for the self-determination strug-gle of the Igbos vis-à-vis the larger Nigerian polity?

Because everything concerning the arrest, re-arrest and re-arraignment of Nnamdi Kanu is now before a court of law, I believe it is more honourable for me to refrain from commenting on it. The only thing I wish to state is that, in line with the provisions of our Constitution, he’s presumed innocent and is entitled to fair trial. I will urge the prosecuting authorities to ensure that he gets a fair trial, in line with in-ternational best practice. Not every Igbo be-lieves in IPOB’s self-determination agitation. However, I believe that nearly every Igbo is in-terested in the equitable distribution of re-sources, appointments and projects in the country. It will serve us better living in a united and progressive Nigeria, anchored on equity and fairness.

What are your views on the clamour for re-structuring of Nigeria? Do you support it? Should there be the drawing of a brand new Constitution or amendments to the existing one are enough to take care of the changes that may be required? What does restructur-ing mean to you?

I wholeheartedly support the clamour for the restructuring of the country. With the experi-ment we have had so far with the parliamen-tary and presidential systems of government, it’s not in doubt that we should be able to fashion out a made-in-Nigeria system of gov-ernment, that will suit our peculiar purpose. We have seen the good and bad aspects of the two systems of government. We should be able to extract the good aspects and jettison the bad aspects. And that is where the concept of restructuring becomes relevant. Devolution of powers is also part of restructuring. We should embrace it, in order to make the country grow. The Federal Government controls so much at the expense of the State and Local govern-ments. The security challenges we currently face, have thrown up for our consideration the concept of State Police, despite some of its few obvious drawbacks. To curtail crime and crimi-nality in the country, State Policing is a sine qua non.

It may not be possible for the nation to get a brand new Constitution, unless there is some-thing like a revolution – which is very unlikely. So, we have to key into the various constitu-tional reviews being organised by the National Assembly and State Houses of Assembly. We may not get everything in one day, but as time goes on, the restructuring we clamour for may become a reality.

After so many twists and turns, the much-awaited Petroleum Industry Bill has finally been passed into law. Given the many set-backs the Bill suffered, what is your percep-tion about some of its obvious provisions, the highlights, so to speak? For example, only giv-ing the host communities 3% share instead of the 10% the South South Legislators demand-ed for?

Firstly, I must commend the leadership of both chambers of the National Assembly for taking the bull by the horn by passing the Bill, subject to harmonisation of differences between the two chambers. If you recall, since 2008 the Na-tional Assembly has been making futile at-tempts in passing the Bill. I recall that in 2015, during the tenure of Senator Bukola Saraki as Senate President, the Bill was broken into four parts in order to ensure a smooth passage; yet, he did not succeed. If I recall correctly, the four PIBs that were introduced in 2015 were Petro-leum Industry Governance Bill (PIGB); Petrole-um Industry Administration Bill (PIAB); Petrole-um Industry Host Community Bill (PIHCB), and Petroleum Industry Fiscal Bill (PIFB). This time, a new comprehensive Bill – reflecting a kind of synergy between the stakeholders including the executive arm, the legislature, the oil majors, the representatives of oil producing communities and NNPC – had succeeded in presenting a legislation that will promote growth in the oil and gas industry, modernise fiscal systems, and enhance global competitiveness.

From what I have read in the media, the new legislation – if assented to by Mr. President af-ter harmonisation – is expected to provide a framework to boost oil and gas output, while enhancing the sector’s attractiveness to inter-national investors, thereby increasing foreign direct investment. It will also catalyse reforms in governance, administration, host community and fiscal matters.

I support many of the provisions in the Bill such as the establishment of the Nigerian Upstream Petroleum Regulatory Commission, Nigerian Midstream and Downstream Petroleum Regulatory Authority, the incorporation of the Nigerian National Petroleum Company Limited under the provisions of CAMA after 6 months of the commencement of the law, the abolition of gas flaring in accordance with international best practice, deregulation of the downstream sector to ensure market related pricing, and the creation of Petroleum Host Communities Fund to provide direct social and economic benefits from petroleum operations to host and impact-ed communities. I support the proposal that in-stead of allocating 3% oil companies’ profit to host communities, it should be increased to a minimum of 5%, provided that there is a strong transparency and accountability framework for the utilisation of the funds. However, I do not support the clamour for 10% being championed by some groups. Furthermore, the issue of definition of ‘host communities’ or ‘oil-producing communities’ needs to looked into during the harmonisation. I believe that ‘oil-producing communities’ should not be where pipelines are laid, but where oil is produced, otherwise the whole Nigeria would be classified as ‘oil producing community.’ All said, I commend Mr. President for fulfilling his election promise, by breaking the PIB jinx in coming up with this historical legislation. I urge that the Bill should be assented to, as soon as the harmonisation is worked out.

Last week, the Body of Senior Advocates of Nigeria (BOSAN) proposed to the Chief Justice of Nigeria to suspend the award of the rank of SAN for a few years, saying that too many awards were made in the last exercise. Do you subscribe to this view, which some have described as self-serving?

Actually, the BOSAN letter you referred to was written as far back as September last year, and not last week as erroneously reported by some social media blogs. Personally, I do not subscribe to the idea that the award should be suspended, on account of the number of successful applicants conferred with the rank last year. The number can however, be reduced in this year’s exercise, and in subsequent years. I believe that every human endeavour is a work in progress. No process can be perfect at all times. As time goes on, some identified loopholes or weaknesses in a process are cured through reforms.

BOSAN in the said letter – correctly, in my personal opinion – identified some areas that require urgent reforms and immediate action. The LPPC in its meeting, has agreed to look into these areas. This shows that the Chief Justice of Nigeria, as the Chairman of LPPC, has a listening ear and is very open to suggestions on how to improve on the process. Very soon, I expect that there will be a call for memoranda from various stakeholders in the legal profession on how to further reform the process which, if you recall, was last reviewed in 2018 during the tenure of former Chief Justice of Nigeria, Hon. Justice Walter Onnoghen.

The Council of Legal Education which you presently chair, is saddled with the responsibility of producing Lawyers for Nigeria, has in recent times been tasked on improving the quality of Lawyers being admitted into the Nigerian Bar. What are your plans to ensure that this mandate is given effect?

Like I stated earlier, no human endeavour is perfect. It is usually a work in progress. The call for the improvement in the quality of Lawyers being called to the Nigerian Bar, did not start today. It has always been there with us since 1962, when the Nigerian Law School was established. It is a work in progress. The Council of Legal Education has from time to time, been reviewing the curriculum of the Nigeria Law School. The last time the curriculum was reviewed was in 2019, shortly before I came on board. There had earlier been a comprehensive overhaul of the curriculum during the tenure of late Hon. Justice M. O. Onalaja (JCA) as Chairman, and Dr. Tahir Mamman as Director-General. That was in 2008. I must also say that the task of training a law student to become a good Lawyer, is the responsibility of all stakeholders in the administration of justice regime. Right from secondary school, the foundation has to be properly laid. If there is a faulty foundation, no matter what you teach at the University and Law School levels, the product will not be good. The Council is in touch with the National Universities Commission, which is currently reviewing the curriculum of subjects being taught at the universities in Nigeria. Hopefully, in the near future, some adjustments will be made in the curriculum. In addition, we are also sourcing for government and private sector intervention in the infrastructural development of the Nigerian Law School. The infrastructural decay in the school, is very troubling. The environment in which the students are being taught, is nothing to be happy about.

New Law school campuses are being approved. The most recent one is that of Port Harcourt. What is the essence of this further decentralisation, when some of the activities of the Law School like the Bar Part 1 – which some have argued should be an online course – are still concentrated in Bwari?

Let me say that only one campus was approved in principle, about three weeks ago. You will agree with me that as Nigeria’s population continues to grow, the number of those aspiring to become Lawyers will also increase proportionally. Currently, the Nigerian Law School cannot admit all the applicants seeking to be admitted for Bar Part 2. Annually, the Law School receives applications from nearly 10,000 students, whereas, the sitting capacity in the six campuses combined is roughly about 6,000. Therefore, the need to build more structures in the existing campuses, in order to accommodate the excess 4000 need not be over-emphasised. The offer by the Rivers State Government to build a brand new, state-of-the-art campus for Nigerian Law School was unanimously accepted by the Council of Legal Education with the concurrence of the Hon. Attorney-General of the Federation, in order to help in expanding the capacity of the institution to admit law graduates. I think the gesture by Rivers State Government should be applauded. Just recently, the National Universities Commission issued licenses to about 22 private universities, and each of them was authorised to open Faculties of Law, subject to Council of Legal Education’s accreditation. We must therefore, be proactive in planning ahead for the consequential increase in the number of applicants seeking to be admitted to the Nigerian Law School.

On the issue of Bar Part 1 being an online course, the issue has not been tabled before the Council, and so, I would not like to pre-empt any discussion on the subject. However, like I did say at the beginning of this interview, no condition is permanent. The only thing that is permanent is change. We shall continue to adapt to changes brought about by technology or otherwise, as they occur. I won’t be surprised if in the near future, the agitation for online programme at the Nigerian Law School is extended from Bar Part 1 to Bar Part 2. Bwari as the headquarters of Nigeria Law School, has the capacity to admit all the Bar Part 1 students with a population of about 300 to 400 students. It does not require spreading the students to all campuses outside Abuja, as being clamoured for in some quarters.

Recently, there were concerns about the security of students in the Bwari campus, especially as Bwari is somewhat isolated. What are the plans of the Council of Legal Education to secure Bwari law students going forward, in the face of the incessant kidnapping of students in the North? The claim that security has been beefed up in Bwari is far from the truth, as our teams visited Bwari at least three times with no evidence of any security. Should the authorities be so nonchalant about the safety of students, encouraging them to risk their lives by going to school with no security, and then turn around and refuse to pay ransoms demanded?

First of all, I must restate that the issue of insecurity is a global affair. No part of the world is absolutely secure these days. Is Lagos safer than Bwari? Were students not kidnapped along with their principals at a Model College in Igbonla, Epe, in 2017? Similar incident also took place in 2016. Were students not abducted at Junior Seminary School, Ikorodu, Lagos, and were released after payment of ransom? In 2007, were students, staff and teachers not kidnapped at an international college in Isheri, Ogun State, very close to Lagos? I use these instances to illustrate the point that attempting to single out the Bwari campus of Nigerian Law School as an unsafe location, is unhelpful. We all live at the mercy of God Almighty. If some criminals hatch a plan and decide to unleash their devilish thoughts via kidnapping or abduction, it can be executed anywhere and at any time. See what is happening in Kaduna State. It can happen anywhere. The management of the Nigerian Law School prior to the frequency of kidnappings in Kaduna State, proactively liaised with security agencies for the provision of security at the six campuses of the school. You stated that your team visited Bwari three times, and could not see the presence of any security. It is to be noted that security operations could be visible or covert. These days security agencies prefer covert operations, so as to catch the deviants unawares.

As far as I know, following the intervention of the Hon. Attorney-General of the Federation, security was beefed up and is still beefed up at the Bwari Campus of Nigeria Law School. Remember that we also have other educational institutions like Dorben Polytechnic, Veritas University, Catherina International Academy and so many other secondary schools operating in Bwari. We also have JAMB Office there. They are all still in session, and open to the public. I think the less we discuss about security matters in the open, the better for the safety of our children. I thank God that despite all the scary things being posted on the social media, the Bar Part 1 students sat for their examinations without any incident.

How do you think judicial autonomy can be achieved in Nigeria? Do you think there were any gains achieved by the two-month JUSUN Strike action?

Judicial autonomy can be achieved, when all State Governors decide to make it happen. At the moment, many State Governors are not interested and will not like to hear anything about judicial autonomy. For those of them who embraced the principle and have gone further to enact the relevant laws, we commend them. The Hon. Attorney-General of the Federation who took the bull by the horn by issuing Executive Order 10 signed by Mr. President, despite its perceived imperfections, should also be commended. In effect, no matter the laws you enact or many constitutional amendments you make to provide for the autonomy of the judiciary and legislature, if the will power is lacking among the State Governors, all the efforts will be futile.

On the recent strike action by JUSUN, my view is that while the motive behind the strike action is altruistic and therefore, commendable, the timing was wrong. For me, the strike would not have lasted that long, if it was timed to take place during the season of political party primaries, in which many of the State Governors would have one interest or the other. Be that as it may, I must commend all those who brought the Governors and JUSUN executives to the roundtable, for the negotiation and signing of the memorandum of understanding on the 20th of May, 2021. It is my hope that all parties to the agreement, will keep to the bargain.

Thank you, Learned Silk.