For Dr (Mrs) Valerie Azinge, SAN, the climb to the top was steady. With a chain of academic feats, Dr Azinge has served the country in various capacities, including being Secretary to the epochal 2014 National Conference. Called to the Bar 1981, she obtained an LL.M from the London School of Economics and Political Science in 1984 and a Ph.D from the Ambrose Alli University, Ekpoma in 1990. She is the author of the ‘Jurisprudence of Failed Banks Tribunal’ and the ‘Law of Broking in Nigeria’. She spoke with Onikepo Braithwaite and Jude Igbanoi on a wide range of issues including gender affirmative action, the ongoing controversy over the collection of Value Added Tax, and her optimism that one day the Report of the National Conference would see the light of day
Despite the United Nations Gender Affirmative Action, Nigeria still has the lowest female representatives in all levels of Government, whereas other African countries like Rwanda have actually surpassed the UN 35% compliance. How can this anomaly be addressed?
Statistics have revealed that out of the 109 senators in the National Assembly, only nine are women, while only 27 out of the 360 members of the House of Representatives are women. Out of the 990 members of the State Houses of Assembly, only 54 are women.
The current trend depicts a low participation by women in governance. The story is the same at the local level, where only a few women function as chairpersons or councillors in local government councils. This development tends to validate widespread concerns that women are grossly under-represented in the legislative and executive arms of Government across the country; same with political appointments.
Having said that, I think the women themselves should aspire more for public offices. The policy directive for 35% women participation in politics and governance is loud enough, all they need to do is take advantage of the already existing platform. I also think, various right groups and women organisations, particularly the Ministry of Women Affairs, are to engage in vigorous awareness campaigns and sensitisation, to encourage women participation in governance.
Additionally, the Government should adopt special measures and mechanisms for achieving minimum standards for women’s participation in political parties and in government, one of which political parties have imbibed by reducing the heavy amount attached to party forms.
Another way is to push for legislative framework, to make the 35% affirmative action a law for Government at all levels to comply, otherwise not much will be achieved by way of enforcement or recognition by policy makers.
You were the first Special Rapporteur on Summary, Arbitrary and Extra-judicial Executions in Nigeria.
Today, extrajudicial execution is still the order of the day by security agencies, and this formed one of major reasons for the Youths holding the #EndSARS Protest in October, 2020. Reports are rife in the Eastern and Western parts of the country, of the heinous acts perpetrated by law enforcement. How can this negative trend be stemmed?
The #EndSARS protest that took place sometime in October, 2020 is still a source of worry and concern, especially with the report and outcome of some of the Panel of enquiries in different States, especially Lagos State. The memory is still very fresh in the minds of Nigerians, because so many lost their loved ones in the process. More worrisome, is the fact that Nigeria has now become a hub of extra-judicial killings by armed and uniform men.
The security agencies that have featured prominently in cases of extra- judicial killings in Nigeria are the Nigeria Police, the Military, Department of State Security Services. Others are the Nigerian Customs Service, and the Nigerian Security and Civil Defence Corp.
Now if you ask, are there laws against extra-judicial killings, the answer is a capital YES. In fact, there are plethora of them, both international and local laws/instruments, that deal on the issue of extra-judicial killings.
For example, we have; the Universal Declaration of Human Rights (UDHR), the African Charter on Human and People’s Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR), Basic /Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF), United Nations Code of Conduct for Law Enforcement Officials (CLEO), Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, UN Model Protocol for a Legal Investigation of Extra-Legal, Arbitrary and Summary Execution. Some of the abovementioned international instruments, have been domesticated in Nigeria.
In Nigeria, we have; the 1999 Constitution; the Criminal Code and the Criminal Procedure Act (both applicable in the Southern States in Nigeria); the Penal Code and the Criminal Procedure Code (both applicable in the Northern States in Nigeria); the Administration of Criminal Justice Act 2015 (ACJA) and Administration of Criminal Justice Law (ACJL) in States that have domesticated the ACJA; the Nigeria Police Act and Police Force Order 237.
For instance, the Nigeria Police Force (NPF) has revised its Force Order 237. which contains a Police Policy Manual that sets out guidelines on the use of firearms and lethal force. The Manual aggregates international and national laws applicable in Nigeria, on the use of firearms and lethal force. The revised Manual prescribes instances where the use of firearms is authorised, and instances where the use of firearms is not authorised. It also prescribes individual responsibility, for unauthorised use of firearms or lethal force. Other security agencies in Nigeria can benefit from the Revised Police Force Order 237, including the Armed Forces when called upon to aid civil authorities to restore order.
If some of these laws are effectively implemented, it will significantly reduce incidents of extra-judicial killings. But, the reasons why some of these laws are not being effectively implemented, have been well articulated in the 2009 Amnesty International Report “Killing at Will: Extra-Judicial Executions and Other Unlawful Killings by the Nigeria Police”. The Government needs to have the political will and be more meticulous in the recruitment, training, funding and welfare of officers and security personnel. Most importantly, there should be prosecution of offenders to serve as a deterrent to those who may be like minded.
Share with us your experience as Secretary of the 2014 National Conference, the outcome of which Nigerians looked forward to with so much hope and optimism. Would you say that that optimism was dashed, with the report of the Conference not being implemented? How does it make you feel?
It was a novel and daunting experience, but, largely rewarding as officers of the Conference and the Delegates from every part of the country, tribe, religion, sector and municipality attempted to chart the course of the future of the country. A lot of resolutions were reached, which were intended for the overall development of a better Nigeria. Sadly, the 2014 National Conference Report has been kept in the cooler, while some of the issues dissected and arrived at a resolution, to wit, political restructuring, fiscal Federalism, State Police and cattle ranching are raging and tearing this county apart.
My optimism might have waned a little, but I am hopeful that with the multiple agitations from different parts of the country, someday, the report will see the light of day.
Kindly, share some of the main resolutions of the Conference vis-a-vis some of the issues that have occupied the front burner in the National debate about Restructuring, Federalism, State creation, State Police etc
Critical resolutions were reached on a couple of thematic issues, but, notable were the resolutions on the justifiability of socio-economic rights this entails the merger of Chapter II and IV of the 1999 Constitution; social security for the unemployed, disabled, senior citizens and children. It was also the resolution of the National Conference, that Police as an item under the exclusive legislative list should be moved to the concurrent list. In other words, the Federal Police was to be decentralised in such a way as to involve participation by States, Local Governments and communities.
On State creation, it was agreed that there shall be an additional State for the South East, and other requests for State creation should be considered on merit having regard to economic viability, cultural and historical affinity and a minimum population of one million people. On Local Governments, it was agreed that by virtue of Section 7 of the 1999 Constitution, that the system of Local Government would be by a democratically elected Local Government Council, and the number, structure, form and administration of Local Governments shall be determined by the States. The list of Local Government areas contained in the first schedule of the 1999 Constitution as amended be removed and transferred to the States, be covered by a law of the State House of Assembly. It was also agreed that the Joint State/Local Government Account be scrapped, and in its place, the establishment of a State Revenue Mobilisation, Allocation and Fiscal Commission(SRMAFC) with representatives of Local Governments and Chairman nominated by the Governor.
On the present impasse of cattle grazing, cattle routes and grazing reserves were to be phased out, with cattle ranching as the preferable means of cattle rearing.
Since 1974 when the exalted rank of Senior Advocate of Nigeria was instituted, only a paltry number of female Lawyers have had the privilege of being conferred with the rank. Yourself and just a handful of about 20 females or thereabouts are members of the Inner Bar which comprises of over 400. What are the obstacles hindering women from attaining that rank? Are they perceived or real? How easy are they to surmount?
Lawyers have a choice to either be in active litigation, or sit on the Bench also. I would like to correct you, by stating also that we have a whole lot of extremely sound female Judges. To become a Senior Advocate in Nigeria is a privilege, and not a right.
The obstacles can be thus, described as real and a question of perception. Real because there are cultural, social, religious and institutional barriers that seek to prevent women in their quest to be at the zenith of the profession. It is also a question of perception, which is a thing of the mind, because with hard work, dedication and industry, any woman can get to the zenith of her profession.
What are your views on the vexed issue of conflicting judgements that trail the courts, for which the CJN recently summoned six State Chief Judges? What does it portend for justice delivery, especially in a democracy?
The issue of conflicting judgements of courts of coordinate jurisdiction is worrisome, as it directly attacks the doctrine of stare decisis and the integrity of the courts which is the last hope of the common man. It is a welcome development that the Chief Justice has intervened, and we hope that there will be a strict adherence to judicial precedence to ensure that justice is done to all and sundry.
Kindly, share your views on the issue of the collection of VAT by the FIRS, as opposed to the States being in control of this responsibility. Is it lawful for the FIRS to collect VAT?
The only way for FIRS to collect VAT, is through an amendment of the Constitution to include it in the Exclusive list of the Constitution. Presently, there is no constitutional basis for the FIRS to demand and collect VAT-the constitutional powers and competence of the Federal Government is limited to taxation of incomes, profits and capital gains, which does not include VAT or any other species of sales or levy, other than those specifically mentioned in Items 58 and 59 of the Exclusive Legislative List of the Constitution.
Do you think that the 3% equity allocated to the oil producing States in the newly enacted Petroleum Industry Act, is fair and adequate?
The 3% equity allocated to the oil producing communities in the Petroleum Industry Act, is inequitable. These communities have suffered neglect, environmental degradation, exploitation and destruction of their traditional sources of livelihood. They need something significant by way of reparation, to cushion the devastating effects of oil exploration.
The security situation in the country deteriorated to the point where in places like Kaduna, the State Government decided or was constrained to close schools to forestall what had become the incessant kidnapping of students in the State. Do you think this was the right step to take? What are your views on ransom payments to secure the freedom of kidnap victims? Do you agree with the call by people like Sheik Gumi and Governor Zulum for amnesty for bandits and insurgents, like was done for the Militants?
Closure of the schools momentarily is a good decision, but it should not be indefinite. There is the need for the Government to be proactive in dealing with security issues and threats, through modern methods of intelligence gathering, intelligence sharing, training, logistics, motivation, and deploying advanced technology in managing security challenges.
Ransom payment which has become the norm is unacceptable; it is criminal in its entirety and should not be encouraged, as it portends great dangers for the citizenry.
Amnesty for bandits defeats the purpose of the criminal justice system, as it effectively means that a murderer can kill a large number of persons and go scot free, and be reintegrated into society. It will send a dangerous signal, and the retributive and punitive aspect of the law will be weakened, thereby leading to a classic Hobbesian age.
What are your views on open grazing? Are the Governors whose States have enacted anti-open grazing laws, on the right side of the law? Or do you think that a better compromise can be reached to settle the Herdsmen/Farmers’ crisis?
Open grazing is antiquated and anachronistic, and in our clime it is generating a lot of tension due to herders and farmer clashes on account of destruction of livelihood. One of the key resolutions at the National Conference on the agricultural sector, is on the adoption of cattle ranching as opposed to open grazing. Exiting cattle routes and grazing reserves, were to be phased out in the course of time.
Many States have promulgated anti-open grazing laws to protect their citizens and economic interest; it is a step in the right direction. According to the Land Use Act, by virtue of Section 1, all land in a State is held by the Governor in trust for the people. He should decide what should be done with it, while acting judiciously and following laid down requirements. So, the State Governors are well within their rights to allow or ban open grazing, within their respective States.
Thank you Learned Silk.
