…‘Why state probe panels won’t result in police reform’
President of African Bar Association, AFBA, Mr. Hannibal Uwaifo, in this interview, speaks on conditions that could warrant the involvement of international bodies like the International Criminal Court, ICC, in getting justice for victims of Lekki shooting. He also looks at ongoing panels of inquiry across the states, saying they would not result in police reforms.
There are so many inconsistencies in the Lekki shooting narrative. With the varying accounts, would you have reasonable evidence to pursue the matter internationally?
The inconsistencies should be expected in this kind of situation, especially in Nigeria where truth is very scarce when public officers are accused of abuses. Having seen the horrible incident and the national and international outrage trailing it, the inconsistencies in the narratives of actors shouldn’t be a surprise. What is important now is that the entire episode is in the public domain, and even international domain.
If at the end of it all, government is unable to establish the truth, bodies like the Nigerian Bar Association, NBA, African Bar Association, and Amnesty International would establish the truth. Government needs to understand that this is a very serious matter that should not be taken the way issues concerning Nigerians and their welfare have been treated with laxity over the years. If you look at the way the protests were managed, you would realize that we are in a very big problem. How will a government allow protests to go on for nearly two weeks without any sign of abating and without having security knowledge that it could take a different dimension?
How can a government fail to know that the protests could be hijacked by a fifth columnist, politicians and hoodlums? It is unimaginable that they sat down and allowed the whole thing to go awry. In any part of the world, a protest that lasts that long is bound to be hijacked by vested interests. It is very clear to everyone that #EndSARS protesters were not responsible for the destruction that followed the Lekki shootings. Government is going to shoot itself in the foot if it does not come out with the truth. Protesters have the right to protest whether for 10 days or 20 days. It is the responsibility of government to provide security when such is happening.
If eventually it is officially established that soldiers actually shot at protesters, how does it constitute violations of rights that could give the international courts the jurisdiction to be involved in the matter?
The International Criminal Court, ICC, can come into a matter of this nature because shooting directly at armless people is a crime of unimaginable proportion. Such a crime is within the parameters of the ICC. The group of soldiers and those who authorized them violated the rights of the protesters. If soldiers are sent to quell a peaceful protest and, in the process, they kill protesters, it is assumed that you sent soldiers to kill people.
Saying that you didn’t tell soldiers to kill won’t be acceptable. Like I said you are said to intend the natural consequence which flows from the act. And that natural consequence of shooting at peaceful protesters is death. Before the ICC can come in, it must have been established that the federal government does not have the capacity to investigate the crime, or even if it has the capacity it must be established that it is unwilling and failed to investigate and bring culprits to book.
That is when the ICC’s jurisdiction can now be properly activated. I am not talking about formal complaints which we are making. I am talking about taking over, carrying out a proper investigation, and issuing an international warrant of arrest for those concerned. If that would happen, it is going to affect the top hierarchy of the military and all those responsible for the dastardly act.
What if government does its investigation and still insists that nothing happened…
If there is overwhelming evidence put together that these crimes were committed and actually suppressed by the state, the ICC can still have jurisdiction. People shouldn’t forget that we have local courts in Nigeria, we have regional courts and we also have the continental court. The federal high courts are there to deal with issues relating to this type of criminal case. We also have the ECOWAS Court and the African Court for Human and Peoples Rights. They are available to deal with issues like this because the issue is about human rights, rights to dignity, right to life and right to peaceful assembly among others.
Don’t you think the growing calls for an international inquiry make a mockery of the Nigerian justice system?
International inquiry is something that can be carried out by different bodies. The African Bar Association, for instance, is seeking to establish an international inquiry. It is more or less a fact-finding body that ultimately would provide facts and submit a report to the authorities internationally and locally. Don’t forget that countries have their sovereignty. Nigeria is a sovereign nation with different arms of government with the capacity of undertaking this task. Even if an international inquiry is carried out, the report has to go to the federal government by a way of advising. If the findings go to international bodies like the ICC, it is to see if the body can go after individuals who have committed the crime.
At the level of the African Bar Association, is an independent investigation into the matter going on?
Like every other responsible organisation, particularly in a matter that you were not physically present, we don’t jump to conclusion. For instance, we may know of 12 deaths and it eventually turns out to be 20. We may know of six deaths and it turns out to be only two. The best thing to do at this time is to investigate the issue through many means.
The panel of inquiry has commenced sitting. I can tell you that we are adequately represented there because the Chairman, AFBA Access to Justice and Judiciary Commission, Ebunoluwa Adegboruwa, is a member of that panel. He is not there on behalf of the African Bar Association. He is there on behalf of the Nigerian people. The panel headed by Justice Okwuobi would come to a conclusion that would be beneficial to all investigations. The report we are expecting from the federal government, our field officers and even the reports of Amnesty International would be put together to form an opinion of the African Bar Association.
We have already issued a statement condemning it because we were very certain that protesters were attacked at the Lekki Toll Gate. And that was the live ammunition given to vandals and hoodlums to unleash mayhem all over the country.
READ ALSO: ENDSARS Protests: Couple narrates to Panel how they lost two pregnancies after 22 days SARS torture
Before the Lekki incident, the protest was very peaceful. Even if protests in other places weren’t peaceful, the Lekki protesters were very peaceful. They were what we could describe as the command centre of the #EndSars protests. Before the firing at protesters at the Lekki Toll Gate, there was no violence of any sort. The consequence of firing at the protesters, which were clearly seen in various videos, armed vandals to go about desecrating our common heritage, looting and maiming individuals for no just cause.
Irrespective of what looks like seriousness on the part of state governments, especially Lagos State, about panels of inquiry, there are doubts that the end may not satisfy yearnings for justice. The Nigerian culture of not implementing outcomes of probe panels informed this…
It won’t go the Nigerian way anymore because things have dramatically changed in the country. For the first time, we are seeing the speedy inauguration of panels of inquiry, who are also mandated to pay compensations to victims of police brutality. Of course, we have also seen governments pledging to support those affected by the activities of vandals and looters. I would say that things won’t end up the way they had ended up in the past.
The NBA, just like the African Bar Association, is involved. Don’t forget that this whole activity is within Nigeria and the NBA is largely involved in what is going on. The AFBA is a continental body with headquarters in Nigeria. We have a role to play and we are playing it while we are giving room for the local bar and local authorities to play the major roles. It would be out of place to have the African Bar Association with an opinion that is contrary to that of the NBA. I am saying that we have to work together on the matter particularly when the NBA has local jurisdiction over the matter.
Given the setting up of panels of inquiry, can you shed light on the argument that state governors do not have powers to investigate the police?
Every state has Panel of Inquiry Law just the way the federal government has its act. For everything that happens within the jurisdiction of a state, the state government has the right to inquire. That is why we find states prosecuting cases against those who committed offences in their domains. The states have the authority and right to probe anything, except the reformation of the police. The state has the right to make an inquiry into what happened and make appropriate recommendations.
The states do not have the power to discipline erring police officers and make recommendations. The Attorney-General of a state even has the right to prosecute and jail the police. States lack the power to institute reforms in the police. The panels of inquiry are in order but it is not within their powers to make whatever reforms. Unfortunately, the reforms would lead to nowhere. The reason is that Nigeria’s deficient administrative structures are largely responsible for the corruption in the police and criminal neglect of the institution. The items on the Exclusive List of the federal government are too numerous.
And it is becoming very difficult for government alone to perform all the functions in the Exclusive List. Coming up with community policing and all sorts of funny names they are bringing will not work. At the level of federalism which Nigeria professes to practice, every tier of government is supposed to have its police force. All the stories about the likelihood of state governments abusing state police are baseless. They are just stories that are meant to continue holding Nigeria and Nigerians by the jugular by political jobbers who have no business being in government.
NASS
I am shocked that the National Assembly, NASS, as bad as the situation is, has still not acted decisively. The power to amend the constitution rests with the NASS. It doesn’t have to be a bill from the executive. They can even have a private member bill. The Constitution Review Committee of NASS is also there to amend the Constitution.
What are they waiting for? The abuse of the police is not restricted to state governments alone. We know how the federal government misuses the police. The SARS that we are dealing with now, was it not under the federal government? Have they not abused Nigerians? How can a policeman take a citizen of this country to an ATM to withdraw money in the middle of the night? How can a policeman chain a citizen to an object for days and months? How can a policeman arrest someone and summarily execute that person?
How long are we going to continue like this? The only police reform that will work is decentralization of the police. The Nigeria Police should be on the Concurrent List. This time, we should have local police. It is unimaginable that in 2020, we are still controlling the police from one quarter. States should be given powers to have their police. The local government should also have its police. With such an arrangement, the police would be much closer to the people they are meant to protect.
The real reform that should be done now is to remove the police from the Exclusive List so that policemen who are being recruited can be verified by those they are trained to police. There is no doubt at all that corruption would not be totally wiped out in the police, but it can be reduced. When aspiring policemen are recruited with knowledge of their background, the ills in the system would be reduced. I do not understand why the federal government would still want to control the police under the prevailing circumstances. I do not understand why the NASS would keep quiet and pretend as if all is well. Nigeria needs restructuring at this time.
We need to remove a lot of things from the Exclusive List. How can we be talking about the federal government distributing palliatives? Even the palliatives ended up in private hands. Are we going to probe that? Until the federal government gets its hands off so many things, we cannot make progress. The President of Nigeria has sweeping powers.
That is why there is corruption everywhere. Why is the federal government still controlling the police? Therefore, the fears that we are not ripe for state police should not arise. From what we have seen in the #EndSars protest the people are ready to hold their states accountable. Who are they going to hold accountable at the federal level?
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2021 budget: El Rufai presents N237.52bn to Kaduna Assembly
9'
Nasir el-Rufai
Home » News » Our state police proposal ignored since 2018 – El-Rufai
Our state police proposal ignored since 2018 – El-Rufai
ON NOVEMBER 1, 20205:16 AMIN NEWS
…‘We should move fast to remove structural bottlenecks that hobble our country’
…Says APC committee proposed significant devolution of powers between federal, state govts
By Ibrahim Hassan-Wuyo, Kaduna
Governor Nasir Ahmed El-Rufai of Kaduna State says state police is among the key recommendations the All Progressives Congress (APC) Committee on True Federalism, led by him, made in its report to the ruling party at the federal level as far back as 2018.
“It is a matter for regret that for some reasons the consequential action by the APC leadership to adopt and implement the report has not happened since it was submitted in January 2018”, El-Rufai said, yesterday, at the public lecture to commemorate the 50th anniversary of Arewa House, held in Kaduna.
In his remarks titled, ‘Restructuring is a unique nation-building opportunity”, he added: “The urgency of our challenges dictates that we should move fast with a sense of purpose to remove the bottlenecks that hobble our country”.
The governor spoke amid the #EndSARS protests against a unit of the police which dovetailed into civil disturbances and the call for state police and restructuring of the country.
Among others, El-Rufai said: “The APC Committee on Federalism recommended that the federation be balanced with more powers and responsibilities devolved to the states. The committee also clarified that the federation is a relationship solely between the states and the Federal Government, and that each state should be allowed to operate the system of local government that suits its circumstances, culture and diversity”.
He listed items the committee wanted transferred from the Exclusive to the Concurrent List to include police, oil and gas, mines and minerals, railways and minimum wage.
READ ALSO: Constitution Review: Nigeria battling to survive — Gbajabiamila
The governor called on federal legislators and the National Assembly Ad-Hoc Committee on Constitutional Review to take advantage of “our report and initiate the constitutional and legislative amendments in either a piece-meal or comprehensive manner without further delay”.
Full text of remarks:
I am delighted to welcome you all to Kaduna to this event that marks the 50th anniversary of the founding of Arewa House. On this day, I pay tribute to the vision of the six governors of the northern states who decided in 1970 to establish this centre that has gone on to become a research centre of international repute. They chose to honour the memory and service of the only Premier of the Northern Region, Sir Ahmadu Bello, Sardauna of Sokoto, by locating this centre on the grounds of his official residence. Out of the ashes of the tragic events of 1966, our illustrious predecessors have built a centre that continues to make significant contributions to nation- building and peaceful coexistence.
The astuteness of Arewa House is demonstrated again in its choice of commemorative events for its 50th Anniversary. The theme of today’s lecture Unfinished Greatness: Towards a More Perfect Union in Nigeria speaks to an urgent national issue. I have no doubt that the guest lecturer, my brother, His Excellency, Dr. Kayode Fayemi, the Governor of Ekiti State, will do great justice to this important topic. It is a matter that is surely on the mind of every patriot, more so in these challenging times.
I will not hesitate to admit that I am passionate about what constitutional framework will best enable the promise of this country to manifest. I had the privilege of chairing the APC Committee on True Federalism with membership across the political and demographic spectrum to lay out our party’s roadmap for our nation’s greatness. In its report, that committee defined the values that, in its opinion, promote and connote True Federalism and proposed a clear roadmap for implementing the recommendations.
As its report show, the APC Committee on True Federalism produced clear recommendations to strengthen federalism and achieve national cohesion and healthy subnational competition. The committee also made efforts to accelerate the implementation of its recommendations by producing draft bills that incorporate the recommendations either as proposed amendments to our Constitution or our national laws.
It is a matter for regret that for some reasons, the consequential action by the APC leadership to adopt and implement the report has not happened since it was submitted in January 2018. The urgency of our challenges dictates that we should move fast with a sense of purpose to remove the structural bottlenecks that hobble our country. There is very little time left to secure and begin to implement the necessary constitutional amendments. While the report of our committee was well-received, some people complained that it was coming too close to the 2019 elections, that for a report submitted in January 2018. The point here is that our electioneering calendar presents only a narrow window for significant and consequential action to reform the political and structural framework to enable the rapid, peaceful and inclusive development of our country.
Main recommendations
Mr. Chairman, distinguished guests, permit to refresh our memories with the main recommendations our committee made. The APC Committee on Federalism recommended that the federation be rebalanced, with more powers and responsibilities devolved to the states. The committee also clarified that the federation is a relationship solely between the states and the Federal Government, and that each state should be allowed to operate the system of local government that best suits its circumstances, culture and diversity. It was the committee’s considered opinion that in a country as diverse as ours, one size or structure of local governance does not fit all.
The Committee’s recommendations also cover how the states can generate the resources that will fund their envisaged expanded burdens, responsibilities and authority. This includes a holistic review of the share of federation revenues accruing to the states and federal government. Our report also upheld the derivation principle as a primary component of fiscal federalism and recommended that control of mineral resources be vested in the states who will then pay applicable royalties and taxes to the Federation Account for distribution between all tiers of government. To make this work, we proposed and drafted the amendments of extant laws such as the Petroleum Act, the Nigerian Mining and Minerals Act, the Land Use Act and the Petroleum Profits Tax Act. Our report regarded derivation as being applicable as well to hydro- power, solar, wind and other forms of renewable power generation.
The APC Committee on True Federalism proposed significant devolution of powers between the national government and the 36 States, and recommended further devolution of responsibilities between the States and Local Governments depending on local circumstances, culture, capacity and capability.
9.We therefore recommended that the following items be transferred from the Exclusive, to the Concurrent List and therefore fall under the policy oversight and legislative control of both the states and federal government:
Police – thereby enabling the establishment of State police, and clear demarcation of their responsibilities vis-à-vis the Federal (Nigerian) Police;
Oil and Gas (other than offshore resources in the Continental Shelf and Extended Economic Zone) protected by our Nigerian Navy;
Mines and Minerals (other than offshore minerals in the Continental Shelf and Extended Economic Zone) as above;
Railways;
Prisons and Correctional Facilities;
Fingerprint and criminal identification records with statewide and federal linkages to share data;
Stamp Duties;
Registration of Business Names;
Food, Drugs and Poisons (other than Narcotics);
Minimum wage to enable governments set what is affordable as a living wage in their respective jurisdictions;
Our Committee also suggested a remedy for the anomaly of a federation that has a more or less unitary judiciary. Our recommendation is that State Judicial Councils should be established, while the National Judicial Council’s remit should be limited to the federal and appellate courts. And should majority opinions in certain states decide that a voluntary merger of like minded states would enhance their development prospects, we propose a mechanism for achieving such mergers.
I am firmly convinced that restructuring our current constitutional and statutory framework on the lines proposed by our committee is a unique nation-building opportunity. I am not aware of any significant constituency that is against the idea that states should exercise consequential powers, assume more responsibilities and control resources to enable them deliver better outcomes for those they govern. This will empower State Governments to cease passing the buck to the President and the Federal Government when most of the problems our citizens face daily as a nation are, and can be solved by improved and focused governance at the states’ levels! It is time to make this sort of well-defined restructuring work, for the benefit of the peoples of this country.
In the last 20-25 years, Nigerian citizens and political groupings have used different registers to convey their demands for a loosening of the centralised arrangements that have increasingly prevailed since the military disrupted our parliamentary democratic
4 order in 1966. They have consistently asked for devolution of powers to the states, and see subnational competition as the path to rapid progress. We are all witnesses to the regional competition in the 1950s and 1960s that gave us universities like ABU, Radio and TV stations, stadiums, generous scholarships and affordable yet quality public education.
The report of our APC True Federalism Committee puts in one place the recommendations, and the legislative amendments to give life to a restructured polity. I therefore call on our federal legislators and the National Assembly Ad-Hoc Committee on Constitutional Review to take advantage of our report and initiate the constitutional and legislative amendments in either a piece-meal or comprehensive manner without further delay. Our report and draft bills are all available online. Just google APC True Federalism Report and download it today.
We therefore have no excuse not to seize this moment and do the heavy lifting for our country and our people. It is in our hands to make the structures, laws and constitutional arrangements in our country conducive to modern governance that will ensure our nation thrives in the 21st century. We must move from a century of being ‘a nation of great potentials’ to summoning a determined national effort to achieving near-developed country status. Singapore, South Korea and China did it in a generation. Rwanda, Botswana and Ethiopia in Africa are well on the way. Why can’t we do the same? Our progress is in our hands.
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Protests in Rome against government coronavirus policies turn violent
2'
Home » Foreign » Protests in Rome against government coronavirus policies turn violent
Protests in Rome against government coronavirus policies turn violent
ON NOVEMBER 1, 20205:28 AMIN FOREIGN
Protests against the Italian government’s coronavirus policies turned violent on Saturday, with clashes breaking out between police and demonstrators in the nation’s capital, Rome.
According to media reports, several hundred people gathered in central Campo de’ Fiori to protest against a possible renewed lockdown. Videos showed bottles and fireworks being thrown at police.
According to the Ansa news agency, the demonstration, organized in part by radical right-wing forces, was continued in other parts of the city. Another rally organized by left-wing groups also took place on Saturday to shed light on social problems caused by the pandemic.
People also took to the streets in other cities across Italy, as they have in previous days. In Milan, government critics placed empty plates in front of the stock exchange and demanded financial help to get through the crisis. The government promised to support the many people affected by cinema and theatre closures with cash injections.
A survey published on Saturday showed that Italian Prime Minister Giuseppe Conte and his government have lost popularity in parallel to a second wave of novel coronavirus infections.
Approval for the head of the centre-left government in Rome fell by 7 percentage points in October compared to the previous month to reach 58 points, according to a study by Ipsos published in the newspaper Corriere della Sera.
The general popularity of the government, led by the Five-Star Movement and the Social Democrats, sank from 62 to 55 points, according to the study.
The data was based on a survey of around 1,000 participants.
The number of virus cases in Italy has been rising quickly since October. Conte’s government has repeatedly tightened restrictions, including closing down cinemas and theatres and forcing restaurants to close at 6 pm (1700 GMT).
READ ALSO: Diaspora Nigerians write President Buhari over EndSARS protest
During the first wave and the summer, as numbers were down, Conte had managed to gain strong trust from the public.
The country with a population of 60 million registered over 31,758 new coronavirus infections within 24 hours on Saturday and a steep rise in the death toll.
Officials reported nearly 300 deaths due to the coronavirus for the past 24 hours.
Since the start of the outbreak, there have been some 680,000 cases in Italy, and more than 38,600 related deaths.
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