…warns against lack of respect for rule of law
Benjamin Sati, Chairman, Nigerian Bar Association Gombe State Branch, in a chat with PERISCOPE NIGERIA, analyses the issues surrounding recent demolition of guest houses, lodges which task force allegedly claimed encourage underage sexual activities, and other sundry matters.
How did the branch hear about the demolition of guest houses, lodges?
The branch heard about the demolition of guest houses/lodges first from direct telephone calls. There were earlier meetings with some of the guest houses convened by the Taskforce and for fear of issues that may arise some owners of guest houses consulted me as a lawyer for advise. We advised them to go as a matter of obligation sequel to the said meeting, rumour started circulating that Taskforce was demolishing some guest houses/lodges and one of the proprietors placed a call across and confirmed that two guest houses were being demolished almost simultaneously so I moved to the one nearest to me and met only the vandals who got a freehand after the vandalisation to loot/steal because the area had become very uncontrollably rowdy.
How does the branch feel about it?
The branch feels bad for people whose property were destroyed, demolished, vandalised and looted. We feel it is needless and avoidable hazard inflicted on the owners of the said properties.
In an earlier statement the Branch condemned the task force’s decision but commended the government for attempting to rescue the state from moral decadence, what’s the nexus?
Well, the primary function of the Government by Chapter II of the Constitution of the Federal Republic of Nigeria 1999(as amended) is protection of lives and property of the citizenry. The Taskforce was constituted by the government, where good reasons exists, there may be demolition of property or property. The executive order No. 006 that birthed the taskforce makes alternatives to demolition by way of sealing a premises, investigation and prosecution, and other sanctions other than demolition. The premises might even be acquired and converted for public purposes, of course subject to the constitutional provision of right to acquire immoveable property in any part of Nigeria with all the exceptions thereto.
The very government that is saddled with the constitutional responsibility of securing lives and property should not be seen to be in violation of the said duty through an agent with actual authority. Worse still, the owners of those property claimed to have valuables stored in those buildings that were not connected to gala, clubbing or any issues sought to be addressed by the Taskforce.
Of course, the government supposedly has a social contract with the people, every citizen has surrendered his individual might to the government in consideration for the government’s protection of his rights from fundamental breach by mightier humans. The government is therefore responsible for the protection of the said rights. This practically is to avoid throwing the state into a state of confusion and phantasmagoria. This is commendable so long as there is adherence to a standard procedure as opposed to the order lessness.
That is the very essence of government and we applaud the state government for its efforts in guarding and moderating moral conducts so that in the exercise of the right of one citizen he shall not be in breach of the right another.
Critics have wondered if task force activities were set to entrench Sharia, how possible?
I do not think the Taskforce that is headed by a Christian chairman and having both the representatives of Christian Association of Nigeria (CAN) and Youth Wing of CAN will be pursuing the course of establishing Shariah Legal System.
Good morals are teachings not only required in Islam but also in Christianity. No government encourages conducts that are contra bonus mores i.e. contrary to the good morals. Only the state house of assembly has the responsibility of law making so, if it is shariah legal system that is sought to be introduced, it’s the State Assembly not a committee or worse still not a Taskforce that will be tasked to do that.
Does investors in hospitality business have anything to fear going forward?
I do not think investors in hospitality businesses have anything to fear, especially if the trends of demolition do not continue or appear to be kind of victimisation of deliberate frustration of the hospitality subsector of the economy. Though the conduct of the taskforce is capable of creating apprehension in the mind of an existing or a prospective investor, I think the government should do more in engaging stakeholders in the hospitality and entertainment sector in collaboration with security agencies to dispel whatever perceived or alleged criminality is likely cooked using the hospitality sector of the economy. Crimes are done everywhere and they are better tackled using intelligence as opposed to Force.
You highlighted the need for government to institute an inquiry to review the task force activities in order to ensure the appropriate compensation, how possible?
Yes, we through our statement called on the government to inaugurate a committee to review the actions of the taskforce in meting disproportionate sanctions even to people or businesses who honestly believe they were not culpable and the taskforce would have found that so if proper administrative cum judicial processes have been employed. You do not expect that a ₦100,000,000 investment of a business being demolished in this hard cum harsh economy without any adequate compensation will bring harmony. That would not be even handed justice, in fact it would not be justice tempered with mercy.
Some have criticised Gombe NBA for not speaking out till Sunday, since the demolition commenced on Wednesday, how true?
It is not true, there is actually no timeline within which a grievance shall be registered. Lawyers are not supposed to talk if they have no reason to or are not sure of the state of things. In any case, as much as NBA is saddled with the responsibility of speaking on issues of public interest, failure and/or refusal to comment should not attract any complaint. In any case, NBA appears to be the first, if not the only organisation or institution to issue a statement in respect of the demolition of 14/2/2024 and also condemned the demolitions. It should be applauded not criticised as there is no basis.
Was setting up of the task force on gidan galas and joints necessary, or it’s a case of overstaying it usefulness?
Setting up a Taskforce is necessary, if it is not done to witch-hunt or ill-motivated. That is why we have government. If religious activities are regulated, social activities should be regulated. More so, if the task Force will operate with some modicum of civility in a civilise democratic society. If a business meets up the minimum laid down criteria and it is a granted license to operate, why not. Gombe State hosts people from all the 36 states of the Federation and the FCT, and also foreign nationals, it must therefore be seen to be less rigid on social issues or impose a pattern of living on its dwellers or residents.
How has the current NBA under your leadership tried to ensure rule of law, enforcement of justice?
NBA as a critical stakeholder in the justice sector particularly in Gombe State has been up and doing. There have been a lot of human right issues since our assumption of office. The motor of the Nigerian Bar Association is promoting the rule of law, that was why we had to issue a statement regarding the recent activities of the Gombe State Taskforce on Gala Houses. We shall continue to engage stakeholders in upholding the rule of law and be the mouth piece of the oppressed. That is why we exist.
Are there special packages, welfare, that will distinct lawyers in your dispensation and previous years?
Well, there are not distinct or special packages provided by this administration. We, however, have promised and started delivering continuing legal education sessions. Building the capacity of lawyers is the best package and welfare. Once lawyers are in touch with modern reality they shall thrive in their areas off practice. That does not mean however, that we care less about lawyers’ welfare. In our little way we reach out to the aged lawyers and also lawyers involved in one form of ceremony or the other morally and financially. This administration does it in a more unique way.
Recently, you organised Bar and Bench Forum, after many years since it last held, what were the major takeaways for Gombe lawyers?
The major takeaways from our Bar and Bench Forum are the messages of our joint stake in the justice sector, see Lawyers and Judges as brothers and to eschew corruption and all reprehensible conducts in our practice in this modern day of 21st Century.
Nationally, Hunger is biting hard owing to inflation what is the way out of the quagmire?
It is true that hunger is biting hard nationwide owing to inflation. The government needs to be deliberately sincere if we must get out of it. part of the causes of inflation is corruption occasioned by too much money in circulation and import dependence. Unless the government makes policies regulating patronage of foreign raw materials and finished goods that are imported using foreign currency, we shall be in hot soup.
What’s your perspective to the view that lawyers are the cause of the problem in the country, how true?
It is not true that lawyers are the cause of the problems in this country. It is far from being true. Our laws and policies are not enacted or made by lawyers; they are not implemented by lawyers. The only area lawyers exclusively participate is interpretations of laws and policies in their literal and ordinary meanings. They have no right to change them, so it’s a case of blind followership under the principle of separation of powers. To say lawyers are the problem of this country is to say the least an ignorant statement.
Nigeria had undertaken parliamentary system in the past, right now it’s presidential, in your view what is the best system?
Whatever the challenges are, presidential system is still better. Cost ineffective though, but gives room for the tiering and arming the government for better participation and better result. Checks and balances in power separation is the hallmark of a presidential system.
The current assembly is tinkering with yet another constitutional amendment, many are wondering for how long should tax payers resources be channelled into this instead of a new constitution, what’s the best way to go?
I believe the way forward is putting aside what we currently have as the 1999 Constitution and having an absolutely new draft of the said Constitution which will reflect the spirit and true yearnings and aspirations of the generality of the people who make up what is known to us as Nigeria. This is owing to the fact that the current 1999 Constitution from independence to date is not a true reflection of the will of the people of Nigeria because its contents carry Military colouration. The Constitution was drafted by people whose drive was military rule and not the absolute entrenchment of democracy. Constitutional amendment should not therefore be the ultimate goal but the drafting of an entirely new Constitution which shall take into consideration the current realities.
