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“I’ ve No HandS In The Rivers Judiciary Crisis” – O. C. J. Okocha SAN

 OKOCHA (SAN)Question:- There are calls for the privatisation of the Nigerian Law School to allow reputable law firms train lawyers while the school plays a regulatory and oversight functions, what is your reaction to this?

Answer:-The Nigerian Law School is a public institution, established pursuant to the provisions of the Legal Education Act. The Act also created the Council of Legal Education. In my humble understanding of the topical issue you have raised, the clamour has been to review what is presently the sole responsibility of the Law School in the matter of training persons to be admitted into the legal profession in Nigeria. Yes, some of the suggestions include allowing private institutions, not law firms, to train such persons; Law Firms provide facilities for Law Office Attachment. Anyhow, the Council of Legal Education is looking at the various suggestions and will in due course make its position on the matter known.

Question:- The Nigerian Law School recently celebrated its 50th anniversary. What were the highlights of the occasion and in which areas do you think the institution needs improvement?

Answer:- “The highlights of the occasion included the conferment of Honorary Fellowships of the Nigerian Law School on some distinguished Nigerians, including Gen. Theophilus Danjuma, Chief Richard Akinjide, (SAN) and the Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar (CJN). Other highlights of the occasion were the commissioning of some projects at the Bwari Campus; the launching of an Endowment Fund by various Call-Sets of the Law School, for the development of structures at various campuses of the Law School; and then there was the 50th Anniversary Dinner. Areas of improvement are still with regard to infrastructure, teaching staff and teaching methods.

Question:- The appointment of a substantive Chief Judge for Rivers State has been generating dusts for some time now, what is really the problem?

Answer:- I am baffled by that matter, just as you are. It may interest your readers to know that on the same day when a judge was recommended by the National Judicial Council (NJC) for appointment as Chief Judge of Rivers State, four other judges were also recommended for appointment as Chief Judges of some other states and the Federal Capital Territory. All the other four have been duly appointed, confirmed and sworn-in as Chief Judges. Why that of Rivers State has become rather intractable, and is now the subject-matter of some pending litigations and appeals, baffles me. I honestly believe that politics has found its way into an ordinarily simple and straight forward matter.

Question:- You have been fingered as one of the causes of the crises in Rivers Judiciary because you want to make your sister the Chief Judge of that state, what is your reaction to this?

Answer:-That is totally false and untrue. As an individual, I have absolutely no power to make my sister the Chief Judge of Rivers State. For the record, however, it is necessary to state that it was the Judicial Service Commission of Rivers State that forwarded the name of Justice Daisy W. Okocha to the NJC for recommendation, not me.

Question:- It was also argued that you used your position as a member of the National Judicial Council (NJC) to influence the body to suspend the former Acting Chief Judge of the state, what really happened?

Answer:-That is another false and untrue allegation. I am just one member of the NJC, which has a membership of 24, namely the Chief Justice of Nigeria, who is the Chairman; the next most senior Justice of the Supreme Court, who is the Deputy Chairman; the President of the Court of Appeal; five retired Justices of the Supreme Court and Court of Appeal; the Chief Judge of the Federal High Court; five Chief Judges of states; the President of the National Industrial Court; one President of the Customary Court of Appeal of a state; one Grand Kadi of a state; five legal practitioners nominated by the Nigerian Bar Association and two lay persons. How my position could have been used to influence the NJC to suspend a judicial officer also baffles me.

You should perhaps, ask the person or persons who made that baseless allegation to say how it really happened. It may also interest your readers to know that the person you refer to as the former Acting Chief Judge of Rivers State is also my brother and kinsman and that I will not gain anything by his suspension as a judicial officer.

Question:- What are your expectations from the ongoing national confab? Which problems of Nigeria would you like them to find solutions to?

Answer:- “The National Conference appears to be motivated by the perceived desire of Nigerians to chart a viable way forward for our country. It seems to me that most Nigerians, including myself, would like the conferees to focus on issues such as the structure of the Federation; the structure and system of government; the rights and duties of the federating units; resource control and revenue allocation; citizenship; indigeneship and the rights of individual citizens; the security of the country and the maintenance of law and order and the economic prosperity of the country and that of its citizens. All these and the resolutions that are likely to emerge there from, should also be geared towards the making of a truly peoples constitution for our beloved country.

Question:- Electoral crimes and resolution of electoral disputes have remained some of the greatest challenges facing our electoral system, what is your take on this?

Answer:- The problem with our electoral system is the same problem we have with Nigeria, which is lack of political will to enforce our own laws. Electoral crimes and electoral disputes are just a small percentage of the problems of administration of justice and maintenance and enforcement of law and order. As I have always maintained, give Nigeria credible, effective and efficient machinery for the administration of justice and we will have a peaceful and prosperous country that we all and our succeeding generations will enjoy, to the glory of God.

Question:- What minimum penalty do you recommend for those found guilty of electoral offences?

Answer:-The question I ask is whether we have categorized electoral offences? Electoral of- fences, just like other criminal offences, need to be properly codified and the appropriate penalties imposed accordingly. There cannot be one penalty for all electoral offences. Fines and terms of imprisonment should be analysed and imposed accordingly.

Question:- For some years now, judicial budget has consistently been on the decline. How do you think it will affect the performance of the judiciary in the pre and post 2015 general elections?

Answer:-That is a totally deplorable situation and I condemn it without any reservation whatsoever. Law and order, as a principle of governance, is priceless and invaluable. No price is too much to pay to secure law and order, and the due administration of justice. Unless we get it right, we will still continue to have difficulties and the performance of the judiciary will continue to be unsatisfactory.

May I therefore, most humbly urge the legislators, throughout Nigeria, to always have that principle in focus when they are in the process of allocating funds to the judicial arm of government.

Question:- There has been a persistent call for specialization in law practice. How do you react to this?

Answer:- Specialization in the practice of law is in evolution in Nigeria and as the nation’s economy grows, and new areas of law practice evolve, specialization will ultimately follow. Presently, it is a matter of choice, depending on how much legal business exists in any legal practitioner’s place of practice. I am a litigator in Port Harcourt and I believe that there will always be courtroom business for those of us who like the thrill of courtroom advocacy. ###

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Allow Me To work, Jonathan Tells Opposition, PDP President Goodluck Ebele Jonathan has told opposition members and members of the Peoples Democratic Party, PDP splinter group to allow him concentrate and work for the people of Nigeria. He noted that the current political impasse are deliberately orchestrated to distract the administration’s ongoing transformation agenda in the critical sectors of the economy. President Jonathan also gave a veiled insight into his second term ambition stressing that the Nigerian Constitution provides a two term of eight years only for anyone elected as president. Nigerian Constitution Mandates Me To Run For Two Terms Says President Jonathan. Speaking at a lunch with Nigerian Professionals in New York, United States (US), Mr. Jonathan urged those fanning the ember of disintegration in the country to refrain from doing so as the interests of Nigeria is greater than that of any individual. According to him “already we have a constitution that makes provision for maximum of eight years for anyone who wants to become a president or a governor. There is no president or governor that all citizens vote for but at the end of the election if somebody emerges you must allow the person to work. If you love your country you would want your country to work. That does not mean that you will not vote against the person if you don’t like the way he works but you must allow him to work”. Mr. Jonathan urged the political class in the country to drop the do or die approach to politics urging them to allow him concentrate on his core mandate of governance. In an apparent reference to the political crisis in the Peoples Democratic Party (PDP) and the tantrum been thrown around by the opposition parties in the country, the president said political leaders in the country must be mindful of what they say or do in order not to undermine the sovereignty of Nigeria. According to Mr.Jonathan “we appeal to our colleagues politicians that no matter how you feel about the political situation consider the interest of your country first before yourself”. He added “if you are struggling to enter a house you must not put dynamite to destroy the house. By the time you get there there will be no house for you to stay. So first and foremost we must collectively build our country. Don’t bother about who is there now because power is transient, very very temporary”. On whether his administration was doing enough to tackle the issue of corruption in Nigeria, the president said “so many people are saying we are not doing well in fighting corruption and before you say that, there must be a parameter for judging us. What are the yardsticks they are using to judge us?” Justifying the efforts of his government in addressing the problem of corruption Mr. Jonathan said before the advent of his government, the Federal Government was spending a whopping N25 billion on fertiliser with only a 11 percent reach to the farmers stressing that since the coming on board of his administration, “government now spends between N5-6 Billion on fertiliser and we are getting 80 per cent reach. If we wanted to continue to steal money or look for money for election, we could have continued”. In the area of privatisation of power sector, he said the government conducted the over $3 billion exercise in the most transparent manner. “Yes we have not yet reached where we want to reach but we are making progress,” he said. Mr. Jonathan told the august gathering that his administration has made significant progress in the area revival of rail transportation, aviation, road construction and other infrastructure. “The team that I am working with we are doing our best to make sure that our country works”.

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