Effective and Sustainable Legal Framework for Good Governance in Nigeria

(Being a Paper delivered by Chief (Mrs) Victoria Olufunmilayo Awomolo, SAN, FCIArb. at the 2^nd Public Lecture of the Faculty of Law, Ajayi Crowther University, Oyo, held on the 8^th day of May, 2018)

 Courtesies

I feel highly honoured to have been invited to deliver the prestigious Faculty of Law Public Lecture, the second in the series, closely after Chief Akin Olujimi, SAN, a legal giant and one of my mentors. Let me quickly congratulate the Vice Chancellor, Rt. Revd. Prof. Dapo Asaju and the Law Faculty of this great Institute for finding me worthy to present my views on the burning topic ‘Effective and Sustainable Legal Framework for Good Governance in Nigeria’. This requirement is very important as it forms the bedrock of a successful, transparent society. I also thank my sister Professor Alero Akeredolu for the immense ‘pressure’ on me to be here.

I also want to congratulate all the students for being lucky to be in this great University at a time like this and learning under God and God-fearing Lecturers because the foundation of this place is laid on the word of God.

 INTRODUCTION

It is crucial that for any society to thrive; the rules, responsibilities and policies that regulate the polity must be fair and enforced impartially. These are rules and regulations which can be referred to as the legal framework which forms the bedrock for good governance. Good governance cannot be attained without equality and inclusiveness, freedom with responsibility, transparency, objectivity, accountability and responsiveness; these elements are front burner issues to tackle, if there be hope for social, economic and political development.

By May 29^th 2018, Nigeria would have had 19 years of Unbroken Civilian/ Constitutional rule, nevertheless due to the idiosyncrasies of the country’s fragile political evolution and ethnic culture, Nigeria continues to suffer erratically, the problems of insecurity, impunity, marginalization, Institutional failures, unaccountable bureaucracy, highhandedness and corruption, which are some of the characteristics of poor governance.

The focus of this paper not only places a search light on components of good governance and how the law can been used as a veritable tool to achieve the desired egalitarian society but it goes further to suggest sustainable legal strategies needed for good governance, noting that unless the Rule of law is respected and sustained, and unless the legal framework are enforced by an impartial umpire for the protection of stakeholders i.e the people, reaping the fruits of democracy in Nigeria will only be a mirage.

CONCEPTUAL CLARIFICATION

Good Governance

It is noteworthy that the concept ‘Good Governance’ has no universally acceptable definition as it lacks a precise description and sometimes only best defined when considering a particular context. It is an extremely elusive concept because it means different things to different people or organisations. There have been attempts made by different scholars to define good governance but to begin with ‘governance’ in the Report of the Commission on Global Governance, could be defined as:

‘The sum of the many ways individuals and institutions, pubways individuals and institutions, public and private, manage their common affairs. It is a continuing process through which conflicting or diverse interests may be accommodated and co-operative action may be taken. It includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements that people and institutions either have agreed to or perceive to be in their interest[1]

The above definition is apt as it describes that governance involves individuals or institutions managing common affairs in order to satisfy their collective interest. Good governance on the other hand, goes a long way to infer that for governance to be good it must be effective. Good governance has been defined as an effective and responsible management of an organization, a country, which includes considering societal needs in making such decisions.[2]

Good governance involves directing the affairs of the citizenry with regards to the legal framework and enabling legislation of the polity. It encourages inclusion in all aspects and bridges the gap between the leaders and the led; it breaks the ‘Us’ and ‘Them’ dichotomy that has long characterised governance.[3]

The problem of not having an all-encompassing and translucent definition of good governance is very well compensated by identification of principles that strengthen good governance in any society. There are eight (8) major attributes of good governance; They are: It must be; participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the Rule of law.[4] These attributes are important because in a democratic society like Nigeria, governance to the citizenry is only good when they are enriched and well cared for hence the term democracy dividend, a term referred to when elected political office holders lay claim to provision of basic public utilities like water, electricity, road and health care facilities, construction of schools and supplies of books/stationeries to schools.[5]

Essentially, good governance involves a combination of democracy, social welfare and the Rule of law and because democracy is a government of the people, the people are the stakeholders who come up with the legal framework to regulate their conduct and as such elected representatives ought to ensure that from the collective effort of the people, their needs and basic welfare are provided. This will however, not be achieved if there are no strict observance to the Rule of law.

Rule of Law

The Rule of law is a constitutional concept which is sine qua non to good governance. It emphasises that anything and everything done in any democracy should be done in accordance with the legal framework in existence. Also that all persons whether the government or the governed must be regulated by the same law.  According to the Black’s Law Dictionary, Rule of law, is ‘the supremacy of regular law as opposed to arbitrary power’.[6]

The Rule of law gained universal recognition due to the definition preferred by Albert Venn Dicey when he postulated that the Rule of law connotes three (3) things:

Firstly it means absolute supremacy of regular laws as opposed to the influence of arbitrary power, meaning that laws existed that make up the framework of a society therefore man could not be punished other than by the violation of those laws already in place. This was captured adequately in the case of Aoko v Fagbemi[7].

Secondly, that the Rule of law means equality before the law, suggesting that no matter the person, the law is superior and above all. However, this submission by A.V Dicey amongst all have attracted a lot of criticism, In Nigeria one wonders how equal we all are when the law protects and creates exemption for all the arms of government; the Executive being protected by section 308 of the constitution of the Federal Republic of Nigeria 1999 (as amended) hereinafter referred to as the “Constitution” which provides immunity for the President, Vice President, Governor and the Deputy Governor. The Legislature is also protected by the Legislative House (Powers & Privileges) Act[8] giving the legislature immunity and privileges supposedly to regulate the conduct of members and for matters concerned therewith.[9]  Again judicial officers are exonerated from all civil liability whatsoever from anything done in their Judicial capacity.[10]

It should be noted however that regardless of these criticisms the law is still above all and perhaps the idea the draftsmen had when creating these exemptions and privileges was to ensure a smooth operation of government without a legion of court cases challenging acts done while acting in their official capacity.

Thirdly according to Dicey, Rule of law has to do with observance of constitutional rights.[11]

In the Locus classicus case of Governor of Lagos State v Ojukwu[12] (supra). The Supreme Court per Oputa JSC (of blessed memory) held that Rule of law presupposes:

1. That the State is subject to the law;
2. That Judiciary is a necessary agency of the Rule of law;
3. That government, should respect the right of the individual citizens under the Rule of law; and
4. That to the judiciary is assigned both by the rule and by our Constitution, the determination of all actions and proceedings relating to matters in dispute between persons or between government and or authority and any person in Nigeria.

The Nigerian constitution is founded on the Rule of law which means that everything must be done in accordance to law as noted by Per Obaseki JSC in Governor of Lagos State v Ojukwu[13] . According to the erudite Professor Ben Nwabueze, the Rule of law is a doctrine that requires that within the limits of the law making power allowed by the higher law of the Constitution, the law must circumscribe the discretion it grants to government in matters affecting the interest of the individual, so as to curtail as much as possible the scope of governmental arbitrariness.[14] With the Rule of law in place there is no room for discretionary power as the rule also envisages that government operates as a unit but with separate organs in which the judiciary must be autonomous.

There can be no good governance therefore when laws are made and enforced arbitrarily, arbitrariness leads of violation of rights.

Basic Hallmarks of Good Governance

Having clarified the concept of Good governance and the Rule of law, it is only apposite to state that certain hallmarks are to be considered in order to understand in full what it means for there to be good governance. The hallmarks of good governance include; (1) Citizen’s Participation (2) Consensus Orientation (3) Separation of Powers (4) Accountability and transparency, (5) Responsiveness (6) Effectiveness and efficiency, (7) Equitability and inclusiveness.[15]

• Citizen’s Participation: Good governance begins with participation, i.e. when members of the society can participate in the activities and the decisions making process of government. This participation could be directly or indirectly i.e through legitimate intermediate institutions or representatives.[16]  What is paramount here is that citizen’s participation in government ensures that decisions of government are in tune with their needs and they have the opportunity to legitimately select their representatives. Citizens must be allowed to participate in government, having the freedom of association, speech as well as having capacity to participate constructively which includes the protection of law in making fair comment. In the case of P.P v. Chike Obi[17]  it was held thus;

   ”…. A person has a right to discuss any grievance or criticize the act of Government and their policy. He may even do this with a view to effecting a change in the party in power or to call attention to the weakness of Government, so long as he keeps it within the limits of fair criticism… ”

Dr. Charles Omole, a Lawyer, leadership Consultant and Business man, speaking at ‘The Platform’; a discussion Programme of The Covenant Church on the 1^st of May 2018 on the topic ‘Get Involved’ said political activism is necessary for good governance and that active citizenry is the only rescue plan for Nigeria.

He suggested several ways in which citizens can get involved in governance. These are:-

• Be an informed Citizen
• Be registered to vote & vote
• Engage in political discourse & debate
• Become a political evangelist
• Become a political activist
• Become a mobile political advert
• Take on information dissemination
• Become a party donor
• Join a political party
• Become a political lobbyist
• Engage with Institutions
• Become an active follower
• Become a volunteer
• Become a political grassroots organiser
• Be strategic
• Become a constructive critic
• Understand INEC electoral process and laws
• Start your own election monitoring group & register it with INEC
• Make elected/appointed officials accountable
• Active citizenry is the only rescue plan for Nigeria.
• Boycott businesses that are not helping our democracy
• Create a Manifesto Monitoring Agency

We can be involved, We will be involved, We must be involved!!.

• Consensus Oriented: Good governance mediates differing interests to reach a broad consensus on what is in the best interest of the group and how this can be achieved.[18] In Nigeria sometimes there is a need to reach a consensus in the interest of the majority; however, this is most times bedevilled by lack of enforcement. Take for example it is over a year now that the President, Nigeria Labour Congress (NLC), Mr Ayuba Wabba, reported that the Federal Government and the organised Labour movement in the country had reached a consensus to review the National Minimum Wage. We recall that the labour unions had submitted a proposal to the government demanding for N56, 000 as minimum wage.[19] On November 27, 2017 the President Muhammadu Buhari inaugurated a tripartite National Minimum Wage Committee which was expected to complete its deliberations and submit its report and recommendations as soon as possible to enable other requisite machinery to be set in motion for implementation of a new National Minimum Wage. This was also the position of the President Nigeria Labour Congress via his New Year (2018) Message.[20]  The President of the United Labour Congress (ULC), had said he would ensure that the minimum wage review was concluded expeditiously to become law on or before February, 2018,[21] nevertheless this has not been done. This agreement resurfaced again at the last May day on the 1^st of May with the Vice President renewing the promise for wage increase.
• Separation of Powers: Separation of Powers was first articulated by Baron Montesquieu in his book “The Spirit of Laws”[22] He based his exposition on the British Constitution of the first part of the 18th Century as he understood it. His statement of the doctrine has thus been interpreted: “If the executive and the legislature are the same persons, there must be a danger of the legislature enacting oppressive laws which the executive will administer to attain its own ends”.[23] By the decision in the case of Inakoju v Adeleke[24] separation of powers under the 1999 constitution as between the arms of government[25] is meant to guarantee good governance and development and to prevent abuse of power.

If the doctrine of separation of powers is not followed then abuse of power is inevitable because a person or arm of government cannot be the maker of the law, the enforcer and judge at the same time. This is very well exemplified in the recent development of both Ibrahim El-Zakzaky and Sambo Dasuki cases. They had been arrested since December 2015. In fact On December 2^nd  2016, the Abuja Division of the Federal High Court ordered the release of El-Zakzaky and his wife from detention. The court also awarded them reparation of N50million and directed the Federal Government to provide a temporary accommodation for the couple since it was established that the Nigerian Army and the Kaduna state government had burnt and demolished their private residence located in Zaria. The government has however refused to comply with the order claiming that the couple were put under protective custody.[26] This is a major violation of the doctrine of Separation of Powers which stipulates that the Judiciary ought to be independent. Hence; it was a gloomy period and an attack on the independence of the Judiciary by a democratic government in Nigeria when on the authority of the Honourable Attorney General and Minister of Justice, Mr Abubakar Mallami SAN, the Department of State Security Operatives (DSS) and a large number of police men invaded the homes of Judicial Officers in Port Harcourt and Abuja in October 2016. According to the Learned Silk Asiwaju Adegboyega Awomolo (SAN), what the executive did was not fighting corruption but promoting recklessness and impunity. He added that;

“…Supreme Court Justices are not absconding criminals to be harassed, attacked and whisked away in the night. This is barbaric and unacceptable.”[27]

Separation of powers is perhaps the reason why the Legal icon and Elder statesman, Professor Ben Nwabueze, SAN picked holes in the Federal High Court Order made by Hon Justice Ahmed Mohammed [28] restraining the National Assembly from taking steps to veto President Muhammadu Buhari’s refusal to give assent to the Electoral Amendment Bill, 2018. The erudite Professor faulted the Court’s ex-parte Order restraining the National Assembly from further deliberation on the Bill, on the ground that the Bill was yet to become law; which invariably means that the judiciary lacked the power to interpret it or render any opinion on it.

The Electoral Amendment Bill, 2018 had proposed a new sequence of election; i.e A. National Assembly Election, B. Governorship and State Assembly Elections and C. Presidential Election as against that proposed by INEC. The matter has generated a needless controversy to the extent that little or no attention was paid to the other provisions of the Electoral Bill which have the capacity to promote internal democracy and enhance the credibility of the electoral process. In this controversy, INEC has announced its intention to approach the Supreme Court to test the constitutional validity of the Electoral Bill 2018 if it is eventually signed into law by the President.[29] Since there were indications that the President might withhold his assent in the circumstance, the National Assembly has also threatened to override the President’s veto. Relying on the decision of the Court of Appeal in the case of National Assembly v. PresidenT[30], the National Assembly has the power to veto the president if he refuses or withholds his assent to a Bill as long as due process is followed. Nevertheless whether the Bill will stand the test of time without revisiting the salient issues is another matter, even though the Federal High Court has finally ruled that the Bill was inconsistent with the provision of the Constitution of the Federal Republic of Nigeria.

• Accountability and Transparency: For clarity it is important to take these two components of good governance together because while Accountability is a concept deeply rooted in democracy and good governance, transparency is an instrument of accountability. In other words they are so closely connected and in fact intertwined; a government that is accountable is also a transparent one. Accountability is a key requirement for good governance; In fact, the first evidence of bad governance is the absence of accountability.

Government, the private sector, civil society organisations, non-governmental organisations, ought to be accountable to the public. Accountability is a process of taking responsibility for decisions made by the above mentioned units and also being able to manage public funds accordingly.

The real question is how citizens can demand for accountability in Government. In a democratic system of government the most effective tool  would be through the use of their votes to reward or sanction rulers at periodic elections; in the absence of fulfilling this pre-condition, accountability of the leaders is bound to fail or at best, would be of insignificant effect.[31]

There is hardly a case of accountability without transparency which means openness in the management of the affairs of the country from those entrusted with governance[32] Transparency is impossible or very difficult where freedom of access to public information is not guaranteed in law or statute.[33]

• Government Responsiveness: Good governance is also characterised by government responsiveness which requires that institutions and persons in government try to serve all stakeholders within a responsible time frame by responding to grievances, needs and aspirations of the citizens.[34] Amidst a lot of criticism of the current government particularly in the area of insecurity suffered throughout the country, the President was very well commended when he was responsive by ordering the Inspector General of Police (IGP), Ibrahim Idris, to immediately relocate to Benue State, following renewed killings of innocents persons in Guma and Logo Local Government Areas by suspected herdsmen.[35] The decimation of Boko Haram Insurgents is another example of government’s responsiveness to the cries of the people. However, the continued killings and attacks by herdsmen or foreign insurgents have become embarrassing, almost defying security agencies preparation and government efforts.

The approach of responsiveness is not only for the Executive; the Legislature and even the Judiciary must on their own part ensure quick dispensation of justice.[36] Speedy dispensation of Justice is not the responsibility of the court alone but also the responsibility of lawyers handling the cases; In the case of BANNA V TELEPOWER NIG LTD[37] The Supreme Court Per Mukhtar JSC (as he then was) had this to say:

“Besides no litigant should be allowed to take a court to ransom. It is the vogue for the public to attack courts on delays of cases in courts, when unknown to the generality of the public the fault does not lie in the courts alone. The litigants and lawyers also share in this snail pace of litigation. The instant case is a locus classicus and it behoves courts to discourage theses unwholesome behavior and frown on them.”

Again, a study of the score card of the legislature at various levels does not give a good picture of performance and responsive legislature.

(6) Effectiveness and Efficiency: Government must be effective and efficient in order for there to be good governance. This means that the machinery of government should produce results to meet the needs of the polity by the proper utilization of resources at the disposal of government. The Nigerian government since independence in 1960 till date has been generally characterised by poor governance, this, no doubt is due to the successive government’s poor utilization of resources. Nigeria is one of the countries regarded as suffering despite the oil boom after decades of its discovery. The humongous amount of money allegedly spent on electricity generation alone in the last decade is an example of lack of efficiency in governance.

(7) Equitable and Inclusive: Mahatma Ghandi said “A nation’s greatness is measured by how it treats its weakest members.”[38] To ensure good governance, members of the society ought to be treated fairly giving them opportunity to feel that they have got a stake or share in the National Cake (National wealth).[39] This Equitable and Inclusive attribute of good governance perhaps gave birth to the idea of the Federal Character which is captured by the constitution. Section 14, subsection 3 States that:

“The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic of other sectional groups in that government or in any of its agencies.”   

 

Legal FrameWork for good governance

In Nigeria, certain legal instruments exist and are formulated to engender good governance. Some of them include; the Constitution, the Economic and Financial Crimes Commission (EFCC) Act, Independent Corrupt Practices and other related offences Commission (ICPC) Act, Administration of Criminal Justice Act 2015, among others

1. The Constitution: The constitution of the Federal Republic of Nigeria 1999 (as amended) is the basic legal framework for good governance in Nigeria being that it is the supreme law of the land. The Supremacy of the constitution is declared by section 1 thereof which provides that

“the constitution is supreme and its provision shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”

In Ugba v Suswan[40]  Odili JSC stated that “The Constitution is supreme and what it has stipulated remain sacrosanct, immutable and nothing to do about it but to strictly comply”[41]

The supremacy of the constitution also substantiates the doctrine of the Rule of law. This doctrine must be enforced at all times hence the commendable attitude of the court in the recent case of JIM – JAJA V C.O.P[42]  where the Court of Appeal set aside the decision of the trial court noting that even the Nigerian Police Force is not above the law thus it was shameful that it was used as a tool to perpetrate the dastardly conduct of violation of section 35(1) of the constitution.[43] Abdullahi JCA in agreement with the lead judgement said “let me say at this stage that under the rule of law, which the country operates, it is the bouden duty of the police or detaining authority to justify their actions which infringe on the fundamental right of law abiding citizens. Arbitrary use of power is no longer the norm [44]

It is noteworthy that the provision for strict compliance of Fundamental Rights by the constitution is very essential for the sustenance of good governance. The enforcement of Fundamental Rights provisions in Chapter IV of the constitution should always be treated as priority so long as there is a real or genuinely apparent threat of actual breach or infringement of rights as stipulated in MACHIKA v KSHA[45]

A recent development in Nigeria is the operation and implementation of the Treasury Single Account (TSA) which by section 80 (1) of the Constitution is the latest public accounting scheme under which government revenue, receipt and income are all paid into a single account maintained by the Central Bank of Nigeria primarily to ensure accountability of government revenue and avoid misapplication of funds.

at this juncture it is safe to say that the constitution remains the most significant legal framework for good governance in Nigeria, however in order to ensure effectiveness and sustainability, there may be need to revisit and amend the constitution to make Chapter II – Fundamental Objective and Directive Principle of State Policy, justiciable.

2. Economic and Financial Crimes Commission (Establishment) Act[46]

It is the lack of accountability that leads to corruption hence the promulgation of the Economic and Financial Crime Commission (Establishment) Act, hereinafter referred as the ‘Act’. The Act came into force on the 14th December 2002 and provides for the creation of the Economic and Financial Crime Commission (hereinafter referred as “EFCC”)[47]. Apart from the periodic elections as earlier stated which is used as an apparatus to demand accountability of the government, it should be noted that the EFCC has contributed immensely in the area of demanding the accountability and prosecution of  public and even private citizens since its establishment.[48]

The EFCC has the power to investigate all crimes including advance fee fraud, money laundering, counterfeit, illegal charge transfer, futures market fraud, fraudulent encashment of negotiable instrument, computer credit card fraud, contract scam et cetera.[49] In the recent case of Danfulani v EFCC[50] the court held that the EFCC is not limited to crimes provided in section 14 to 18 but it also extends to all financial crimes in other laws and regulations in the country relating to economic and financial crimes thus in the instant case the EFCC could investigate contract scams under the Penal Code.

The promulgation of the Act is a huge contribution to the legal framework for good governance because it has helped to tackle corruption in Nigeria to an extent, as the EFCC is responsible also for identifying, tracing, freezing, confiscating or seizing proceeds and properties derived from all criminal activities including terrorist activities.[51]

Again to ensure effectiveness certain courts are designated in both State and Federal High Courts to try economic crimes and corruption cases. A most effective way is to amend the constitution to create special courts to try these offences. The duties of the EFCC and particularly its modus operandi have come under constant scrutiny and critism. Confirmation of the head of EFCC has remained a problem between the Executive and the Legislature.

3. The Corrupt Practices and Other Related Offences Act [52]

In 1999, Transparency International Corruption Perception Index rated Nigeria the second most corrupt nation in the world and although corruption is a global malaise, the extent of its reach in this country was and still remains tragically alarming as it pervades private and public institutions and overwhelms all levels of government.[53] The Corrupt Practices and other Related Offences Act herein after referred as the “ICPC ACT” was promulgated under the then President Chief Olusegun Obasanjo, GCFR on September 29^th 2000 to combat corruption, fraud, embezzlement, and forgery which had taken an ugly proportion in Nigeria, especially among public servants or within the public service.

The ICPC Act established its Commission and section 6 (a-f) sets out the duties of the Commission to include receiving and investigating complaints from members of the public on corruption matters, to instruct, advise and assist agency on ways to eliminate or minimise fraud , to enlist and foster public support in combating fraud among others. The offences and penalties sections run from section 12 to section 29 and are categorised into

1. Giving and Receiving of bribes to influence public duty
2. Fraudulent Acquisition and Receipt of Properties
3. Failure to Report Bribery Transactions
4. Concealment of Information and Frustration of Investigation

The promulgation of this legal instrument has helped in fostering better public service which has reduced corruption in the land. In FRN v SANI[54]  the court held that the purpose of the ICPC Act was to banish corruption in Nigeria or, at least reduce it to the lowest ebb.

The ICPC has of recent recovered a lot of money from some Federal Ministries, Universities, Colleges of Education in some States of the Federation and individuals. Much of the recoveries were done using the plea bargain method and conviction in the Courts. One Major challenge to the promulgation of the ICPC Act and activities of ICPC was laid out in the case of A.G Ondo State v A.G Federation [55] where Ondo State by an Originating Summons filed in the Supreme Court for adjudication in its original jurisdiction under Section 232(1) of the 1999 Constitution (as amended) challenged the powers of the ICPC and Attorney General of the Federation to initiate or authorise the initiation of Criminal proceedings in any court of law and any State in the Federation when these states have not adopted same as the law of the State. The Supreme Court held that by virtue of section 4 (2) of the Constitution the Senate and House of Representatives i.e the National Assembly can make laws for peace, order and good governance of the Federation or any part thereof with respect to matters included in the Exclusive Legislative List set out in Part1 of the second schedule of the Constitution.[56]

It follows that the National Assembly is empowered to legislate under item 60(a) of the Exclusive List for the purpose of establishing and regulating the ICPC which it did. The ICPC is by the said Item 60(a) to promote the observance of the Fundamental Objectives and Direct Principles of the State Policy as contained in Chapter two of the Constitution.

The Court further held:

“Section 6(a) of the Corrupt Practices and Other Related Offences Act, 2000 that reposes on the Independent Corrupt Practices Commission the power to receive, investigate and prosecute any person for offences under the Act is exercisable in any State of the Federation (in this case Ondo State) by virtue of Section 4(2) and 4(3) of the 1999 Constitution.”

It is important to note that the Supreme Court in this case further declared S.26(3) of the ICPC Act, 2000, which prescribes that prosecution of an offence be concluded and judgment delivered within 90 working days of commencement of the prosecution as “unconstitutional, null and void in that it infringes on the principles of separation of powers. It is a direct interference with the judiciary by the National Assembly as to when the court should conclude particular matters”

What the National Assembly did in this case by the promulgation of the ICPC Act was aimed at abolishing corruption and corrupt practices in all their facets throughout Nigeria which is in consonance with section 15(5) of the Constitution although not justiciable alone but backed by section 4 of the constitution and by item 60(a) and 68 of the Legislative list to which the National Assembly can legislate on under the Exclusive Legislative List.

4. Administration of Criminal Justice Act 2015 (ACJA)

The Administration of Criminal Justice Act 2015 (ACJA) was signed into law in May 2015. It is made up of 495-sections divided into 49 parts, providing for the administration of criminal justice and for related matters in the courts of the Federal Capital Territory and other Federal Courts in Nigeria.

Firstly, the enactment of this legislation was very well received in Nigeria because it unified the applicable laws for the Nigerian Justice System in all Federal courts and with respect to offences contained in Federal Legislations. The law repeals the Criminal Procedure Act (CPA) as applied in the South and the Criminal Procedure Code (CPC) which applied in the North and the Administration of Justice Commission Act.

It is difficult to have a discussion on good governance without admitting that the enactment of the ACJA is crucial because the Nigerian Justice System before ACJA had lost its capacity to respond quickly to the needs of the society, check the rising waves of crime, speedily bring criminals to book and protect the victims of crime.[57] Hence section 1 ACJA provides that the purpose of the Act is to promote the Administration of Criminal Justice by ensuring efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant, and the victim.[58]

Good governance maintains peace and order and punishes offenders; in doing so, it must not just concentrate on punishment of offenders but must also be restorative, paying attention to the needs of the society, the victims, the offender and human dignity generally. Human dignity is preserved as ACJA adopts the word defendant instead of accused. Under section 10 (1) CPA the police could arrest without warrant any person whose means were doubtful and could not give a good account. This provision was used to effect a lot of indiscriminate arrest but this has been deleted in ACJA. The era in which police dabble into civil matters or even simple contracts and use their power of arrest as a weapon to intimidate citizens has been made illegal by ACJA[59]

In Criminal Justice system, good governance will always consider the interest of the society, the victim and the defendant (Offender). ACJA ensures restorative justice and quick dispensation of Justice by providing for PLEA BARGAIN which allows the defendant work out with the Prosecutor, Punishment/Compensation having obtained the permission of the Victim.[60] This provision of the law helps in quick dispensation of justice and saves the time and resources that would have been wasted in the trial of the matter. Section 306 ACJA in promoting speedy trial also admonishes court to discard application for stay of proceedings. Also section 15 (4) ACJA in line with the provision of the Evidence Act 2011, now provides that a Confessional Statement may be made by means of an electronic recording in a retrievable video compact disc or such other audio-visual means as this will speed up trial and ensure justice.

 

The Role of the Judiciary

The Judiciary is an important actor in ensuring good governance in Nigeria. As the Custodian of the Constitution, it is responsible for interpreting the Constitution and the laws as well as adjudicating the constitutionality/legality of the exercise of governmental powers in Nigeria.

In a paper delivered by Asiwaju Adegboyega Solomon Awomolo, SAN at the Nigerian Institute of Advance Legal Studies, Fellows Lecture Series 2016, on the topic ‘Imperative of Judicial Reforms in Ensuring Good Governance’ he said:

“The Nigerian judiciary has enriched the jurisprudence of the electoral process in Nigeria to guarantee free and fair elections.  For instance, the courts, have ensured the impartiality and independence of the electoral body; INEC in order for the electoral body to remain an unbiased and impartial umpire.  The Court of Appeal held in DR. Ngige V Obi & Ors[61] that INEC is not expected to appeal the decision arising from an election dispute but should leave candidates to fight their own battle. The court went on to say that this is in the interest of the electoral process in election cases as the primary responsibility of the electoral body is to conduct free and fair elections regardless of who wins. INEC should remain as an unbiased and impartial umpire. The Supreme Court in Emeka v Okadigbo[62] also reiterated the duty of the INEC to remain neutral in issues of the domestic affair of a political party. Election petitions arising out of the last elections in this country further created an avenue for the courts to interpret certain provisions of the Electoral Act that were contentious. The issue of proof of over voting was resolved by the Supreme Court in Mahmud Aliyu Shinkafi v Y. Abdulazeez Abubakar Yari & 2 ors[63] where the honourable court clarified that the function of the card reader machine is to authenticate the owner of a voter’s card and to prevent multiple voting by a voter and also, that the Card Reader Machine has not replaced the voters register or taken the place of Statement of results. This decision was followed in many other cases to underscore the importance of voters register in election process.[64]

          The protection of freedom of expression and association as well as press freedom is sine qua non to good governance. The judiciary is tasked with ensuring that enacted laws do not infringe upon these fundamental rights unless as permitted under the 1999 Constitution.[65] The Freedom of Information Act of 2011 is a law which seeks to ensure accountability of public officers as public institutions are mandated to proactively disclose information about their activities, operations, personnel and businesses. Public institutions are also mandated to respond to requests for information by any person or body in Nigeria[66]. The Act operates to lift the restriction of access to public information placed by the Official Secrets Act as Section 1(1) of the Freedom of Information ascertains the right of any person to access or request information notwithstanding anything contained in any other Act, Law or Regulation. The judiciary has upheld the right of persons to information under the FOI Act in a number of cases. In LEDAP v Clerk of the National Assembly of Nigeria[67], the plaintiff requested for information on the details of the salary, emolument and allowances paid to the members of the National Assembly of the 6th and 7th Assembly. The plaintiff’s request was denied and the plaintiff sought a declaration that the denial by the defendant is an infraction of section 1(1) of the Freedom of Information Act 2011 as well as on the applicants’ right to such information under the said section. The court held per Hon. Justice Bilkisu Bello Aliyu that the Act clearly places public interest above all else including the personal interest of the individuals and where the interests of the public is in collision with the individual interest, in deserving cases, the collective interest must be held paramount. The court thereby granted the reliefs sought by the plaintiff.”

 

Challenges of Effective Good Governance in Nigeria

 

Despite certain legislations and legal framework in place to ensure good governance there exist challenges that have continued to militate against good governance in Nigeria and they are as follows:

 

1. Corruption: Corruption involves giving or taking bribe, committing fraud by deceiving someone to get money or lying for personal gain, favouring relatives and friends with jobs they are not qualified to do.[68] Another definition of corruption is that it is misuse of funds for a project, altering facts and figures on purpose and inducing others to commit a wrong.[69]

Corruption, is Nigeria’s biggest challenge that continues to cripple the economy and that is why a major factor in the fight against corruption is that of instilling the spirit of transparency in all aspects of governance. One of the reasons attributable to the practice of corruption in Nigeria is that of weak leadership and lack of accountability of both the private sector and public officials. To that effect, “Nigeria has lost over five billion US dollars in the last few years to corrupt practices.”[70] In 2017, Waziri Adio, the Executive Secretary of the Nigeria Extractive Industries Transparency Initiative (NEITI) said Nigeria earned a whopping $592 billion from the oil and gas sector from 1999 to 2014. The NEITI boss however lamented that despite the huge resources, Nigerians still live in abject poverty and want.[71]

The effect of corruption amongst others is that it breeds a high rate of indiscipline in the society, for example when public officials connive with contractors to inflate the value of Government contracts, the cost of governance and administration shoot up, with very little to show in terms of projects and programmes which impact on the average citizen’s well-being; When Government officials collect bribes to issue clean bills of health for poor quality jobs and services rendered to the government, this results in bad roads, weak public buildings, inefficient office equipments, lack of electricity.[72]

The anti-corruption agencies like the EFCC and ICPC continue to fight to emancipate and heal the country of this ‘cancer’ nevertheless for this problem to be eradicated or at least greatly reduced there is a need to have all hands on deck working to tackle corruption. Perhaps this was why President, Muhammadu Buhari flagged off the “change begins with me” Campaign on the 8^th September 2016, when he lamented that if we do not kill corruption, corruption will kill us.

President Muhammadu Buhari, GCFR, as part of government’s anti-corruption fight, constituted the Presidential Advisory Committee against Corruption (PACAC) in August 2015. It was the very first committee he set   up after he was sworn into office in May 2015. PACAC commenced work on August 10, 2015 with the mandate to, inter alia – “Promote the reform agenda of the government on the anti-corruption effort, to advise the present administration in the prosecution of the war against corruption and the implementation of required reforms in Nigeria’s criminal justice system”. Nevertheless on a daily basis, the Federal government continues to lose corruption cases; According to Femi Falana, SAN, the Federal government stands to lose more corruption cases unless the authorities are prepared to reorganise the anti-graft agencies and review the anti-corruption policy in line with the proposals designed by the Presidential Advisory Committee Against Corruption (PACAC) on the prosecution of politically exposed persons.[73] On the bright side, Prof. Bolaji Owasonoye, Executive Secretary of PACAC told the correspondence of the News Agency of Nigeria (NAN) in New York that the Whistle blower’s policy (a policy advised by PACAC) ,had succeeded resoundingly, that over 8,000 whistleblowers had been recorded in the previous year which has helped the government in its fight against corruption.[74]

A recent development that has generated a lot of controversy is the APC and PDP list of looters. Nigeria’s Information Minister, Lai Mohammed, released what was the government’s list of Nigerian (alleged) looters. In response, the PDP released a longer list which challenged the Minister to update his list, with a near-total exclusion of the APC members. The Minister, pronto, released another batch containing names of (alleged) looters that were again predominantly PDP members. Reno Omokri, an ex-aide to former President Goodluck Jonathan, in his reaction released his own list of (alleged) looters, a list that expectedly contained names of APC members, some of whom are serving aides of the President. It is terrible that what is at play here is not the contest on ideas and policies of government, or arguments as to how the almost total alienation in the polity can be addressed, nor how to address the serious insecurity problems in the country and champion economic growth. Rather what is at play, is leadership deficiency; ‘blame-game tactics’. The government’s style of constantly referring to the corrupt practices of the previous government is another issue instead of finding solution to the problems bedevilling the country.

Recovered loot

At the moment, the law is uncertain as several recovered funds are not accounted for. What we hear from government is that the funds have been recovered, kept and sometimes spent on government’s programmes on social interventions like the school feeding programme, Youth Empowerment programme and the like. We need transparency in the actual amounts recovered, how these are expended; what we have now is clearly unacceptable.

There should be a legislation that will spell out the control, administration and use of the recovered funds from corrupt persons.

 

2. Violation of the Rule of law: This is another problem limiting good governance in Nigeria. As noted earlier there can be no good governance without a strict observance to the Rule of law. At the New Delhi Conference in January 1959[75] it was opined that for there to be good governance there must also be Rule of law in that all governments should adhere to the principles of democracy and also that they should ensure the protection of  fundamental rights especially right to personal liberty entrenched in the constitution.[76] In Nigeria today, examples of total disrespect to the Rule of law, impunity, disobedience to court orders, insecurity, and lawlessness are real challenges we face every day.

 

3. Obsolete Laws and Regulations: Law is dynamic; it is the regular evaluation of the laws that makes them efficient. Any amendment must be such that it meets the needs of the majority.

 

4. Ethnic Pluralism and Cultural Diversity: This has been a major factor in African Countries; In Nigeria, ethnic favouritism, cultural and linguistic diversity, religious bigotry, nepotism have contributed negatively to good governance and nation building because they create diverse interests and mediocrity as opposed to merit; paying attention to one’s place of birth, religion, tribe and not focusing on ability, qualification and integrity is the bane of good governance and accountability.

 

5. Insecurity: This paper will not be complete without commenting on the insecurity challenges in Nigeria. The country cannot grow and will remain ungovernable if insecurity issues such like kidnapping, abduction, violent agitations, robbery, jungle justice, ritual killings, attack by terrorist groups or movements and lately Boko Haram insurgence and Fulani herdsmen attacks are not curbed or totally eradicated. The Fulani herdsmen attack on farm lands and innocent citizens; the abduction of young girls from their school in the North-East Nigerian town of Chibok in 2014 by the militant Islamist group Boko Haram still continues to cause heartache in the minds of Nigerians as Originally 276 were kidnapped, some were released, others escaped however 113 girls are still unaccounted for. It is believed that they are still being held by Boko Haram, although there are reports that some might have died.[77]

 

News of the release of 101 of the 110 abducted girls of the Government Girls’ Technical College, Dapchi in Yobe State by a Boko Haram faction and at large the Islamic State West Africa Provence (ISWAP) was a source of relief for Nigerians, perhaps a reason for jubilation as they spent only 26 days in captivity. A Christian girl (Leah Sharibu) is still being held by the captives because she refused to renounce her faith! Nevertheless the fact remains that Nigeria is bedevilled with insecurity challenges and there is an urgent need to curb this problem because of its devastating effects on the country. The cost of insecurity, loss of lives and property, psychological trauma, displaced persons are real effects of insecurity which obviously truncate established plans and legal framework to achieving good governance.

In Benue State, there are clear reports of attacks by unknown gunmen resulting in killing of innocent men and women. The recent attach in the Catholic Church and the killing of two Priests and Christian faithful among others during an early morning service is perhaps the worst signal of breakdown of law and order in Nigeria

6. Poor Followership: It is always easy to cast or blame the government for the lack of good governance but it must be noted that good leadership also depends on good followership. In order to take the country to the next level, the key issue of critical followership must be taken seriously,[78] Nigerians must begin to ask questions, there must be a reformation of the mind, patriotism must be imbibed, and active participation in governance must be allowed. Freedom of speech must be guaranteed and there should be no clogs put in the wheel of the active use of the Freedom of Information Act

RecommendationS

1. Respect for the Rule of law and the doctrine of Separation of powers as mentioned earlier are necessary for good governance.
2. Amendment of some of the provisions of the Constitution , for example making Chapter II of the Constitution on Fundamental Objective and Directive Principles of State Policy; justiciable because its provisions to a large extent cover principles of good governance and ideals of citizens economic rights.
3. There should be total overhaul of the security apparatus in the country, beginning from recruitment of more personnel, provision of more advanced facilities and tools to combat crime, consistent and vigorous training programme, increment of salary, and many more.
4. Specialized courts should be established to try economic crimes and corruption cases. This will reduce the burden on normal courts and ensure speedy trial of offenders.
5. Government must ensure the provision of basic amenities, infrastructure and employment to reduce poverty and increase the standard of living in the society.
6. The Judiciary remains the hope of the common man; hence there is need for total autonomy of this arm of government because until the judiciary is independent the man on the streets may never be satisfied that justice is attainable.
7. Transparency and Accountability must not only be encouraged in government but backed by requisite legislation.
8. The Administration of Criminal Justice Act, 2015 must be allowed to be effective for speedy criminal prosecution.
9. Citizen’s participation is a sine qua non for good governance
10. There must be understanding, cooperation and synergy among the three tiers of government

I thank you for listening.

References and FURTHER READING

1. Report of the Commission on Global Governance; Our Global Neighbourhood extracted from http://www.itcilo.it/english/actrav/telearn/global/ilo/globe/gove.htm
2. ‘Good Governance’ extracted from >https://dictionary.cambridge.org/dictionary/english/good-governance<
3. ‘Leadership and the Challenges of Good Governance’ Paper delivered by Farida Waziri at the Ambrose Ali Annual Lecture Award, 14^th October 2009
4. What is Governance ‘United Nations Economic and Social Commission for Asia and the Pacific’ extracted from URL: unescap.org/pdd
5. Good Governance, Rule of Law and Constitutionalism in Nigeria ‘ Dr Ifedayo T. Akomolede’ European Journal of Business and Social Sciences, Vol 1, no 6 pp 69-85 September 2012. extracted from URL: http:// ejbss.com/recent.aspx
6. A. Garner, The Black’s Law Dictionary, 7th Edition, West Group Publishing Co., St. Paul Minn, 1999, p. 1332.
7. O. Nwabueze, Constitutional Democracy in Africa, C. Hurst & Co. London, Vol. 3, p. 20.
8. What is Governance ‘United Nations Economic and Social Commission for Asia and the Pacific’ extracted from URL: unescap.org/pdd
9. Vanguard Newspaper on FEBRUARY 15, 2017 where FG, Labour agree to review minimum wage extracted from > https://www.vanguardngr.com/2017/02/fg-labour-agree-review-minimum-wage<
10. Vanguard News Paper on JANUARY 4, 2018 “Labour issues ultimatum on new minimum wage” extracted from .>https://www.vanguardngr.com/2018/01/labour-issues-ultimatum-new-minimum-wage<
11. MONTESQUIEU, J. (1762). The spirit of laws: translated from the French of de Secondat, Baron de Montesquieu: in two (2) volumes, Edinburgh, Printed by A. Donaldson and J. Reid, for Ebenezer Wilson.
12. Ikenga Oraegbunam “Separation of Powers and Nigerian Constitutional Democracy” extracted from https://www.dawodu.com/oraegbunam1.htm
13. Vanguard newspaper on November 13 2017 “El Zakzaky’s continued detention exposes Buhari’s regime to ridicule – Falana” extracted from < https://www.vanguardngr.com/2017/11/el-zakzakys-continued-detention-exposes-buharis-regime-ridicule-falana/ >
14. Law Pavilion “Administration of Criminal Justice Act 2015” < https://lawpavilion.com/blog/the-administration-of-criminal-justice-act-2015-acja/ > accessed 10^th April 2018
15. Dr Ifedayo Timothy Akomolede  “ Good Governance, Rule of Law and Constitutionalism in Nigeria” European Journal of Business and Social Science Vol.1 No6 pp 69-85
16. Chief (Mrs.) Farida Waziri AIG (RTD) ” The Role of Anti-Corruption Agencies” a Keynote Address by the Executive Chairman of the Economic and Financial Crimes Commission, at a Workshop on Transparency & Accountability in the Public Service, Kaduna, Kaduna State, Nigeria; September 28th 2009.
17. Dr Ifedayo Timothy Akomolede “ Good Governance, Rule of Law and Constitutionalism in Nigeria” European Journal of Business and Social Science Vol.1 No6 pp 69-85
18. The Sun newspaper on 9th January 2018 “Buhari orders IGP to relocate to Benue” extracted from <http://sunnewsonline.com/buhari-orders-igp-to-relocate-to-benue/>
19. Raimi L, Suara I. B, Fadipe A.O “Role of Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practice & Other Related Offenses Commission (ICPC) at Ensuring Accountability and Governance in Nigeria” Journal of Business Administration and Education” ISSN 2201 – 2958 volume 3, Number 2, 2013 105-122.
20. The Corrupt Practices and other Related Offences Act > extracted from http://logbaby.com/directory/independent-corrupt-_15366.html#.Wp9481SnG00
21. Victor Usifo “Effects of Corruption on Nigeria Economy and the Way Forward” >https://infoguidenigeria.com/effects-corruption-nigeria-economy/ < accessed 16^th April 2018
22. BBC NEWS “Nigerian Chibok Abduction: What We Know” < http://www.bbc.com/news/world-africa-32299943 > accessed 12th April 2018
23. Goddy Osa Igbaekemen; Maryam Tijjani Abbah; Maryam Malah Geidam (2014) Canadian Social Science, 10(6), 149-157. Available from: http://www.cscanada.net/index.php/css/article/view/5335 DOI: http://dx.doi.org/10.3968/5335
24. See generally “Declaration of Delhi”, Journal of International commission of Jurist 1959 Vol. II, pp. 7-54
25. Reaffirmed in the African Conference on the Rule of Law: A Report on the Proceedings of the Conference pg 11 cited in D.O Aihe “Selected Essays on Nigeria Constitutional Law, (Idodo Umeh Publishehrs Ltd, 1985)

[1] Report of the Commission on Global Governance; Our Global Neighbourhood http://www.itcilo.it/english/actrav/telearn/global/ilo/globe/gove.htm accessed on the 1st March 2018

[2] Good Governance >https://dictionary.cambridge.org/dictionary/english/good-governance< accessed on the 1^st March 2018

[3] ‘Leadership and the Challenges of Good Governance’ Paper delivered by Farida Waziri at the Ambrose Ali Annual Lecture Award, 14^th October 2009

[4] What is Governance ‘United Nations Economic and Social Commission for Asia and the Pacific’ URL: www.unescap.org/pdd accessed on the  2nd March 2018

[5] Good Governance, Rule of Law and Constitutionalism in Nigeria ‘ Dr Ifedayo T. Akomolede’ European Journal of Business and Social Sciences, Vol 1, no 6 pp 69-85 September 2012. URL: http:// www.ejbss.com/recent.aspx

[6] B. A. Garner, The Black’s Law Dictionary, 7th Edition, West Group Publishing Co., St. Paul Minn, 1999, p. 1332.

[7] (1961) All NLR 409; Shande vs The State (2004) All FWLR (Pt 223) 1955 at 1978

[8] Cap 208 LFN 1990 Act; Cap L12 LFN 2004

[9] See also El-Rufai vs. House of Representatives (2003) FWLR (Pt.173) 162

[10] S.B.M. Services (Nig) Ltd. Vs Okon (2004) All FWLR (Pt.230) 1115 at 1134

[11] For example Chapter IV of the constitution of the Federal Republic of Nigeria 1999 as amended which provides for the Fundamental Rights of all Nigerian Citizen.

[12] (1986) 1 NWLR(Pt 18), 621 at 647

[13] Supra

[14] B. O. Nwabueze, Constitutional Democracy in Africa, C. Hurst & Co. London, Vol. 3, p. 20.

[15] What is Governance ‘United Nations Economic and Social Commission for Asia and the Pacific’ URL: www.unescap.org/pdd accessed on the  3rd March 2018

[16] Ibid

[17]  (1961) 1 ANLR at Pg 194

[18] Leadership and the Challenges of Good Governance’ Paper delivered by Farida Waziri at the Ambrose Ali Annual Lecture Award, 14^th October 2009

[19] Vanguard Newspaper on FEBRUARY 15, 2017 where  FG, Labour agree to review minimum wage

Read more at:> https://www.vanguardngr.com/2017/02/fg-labour-agree-review-minimum-wage< accessed  3^rd of March 2018

[20] Ibid

[21]  Vanguard News Paper on JANUARY 4, 2018 “Labour issues ultimatum on new minimum wage”

Read more at :.>https://www.vanguardngr.com/2018/01/labour-issues-ultimatum-new-minimum-wage< accessed 3^rd March 2018

[22] MONTESQUIEU , J. (1762). The spirit of laws: translated from the French of M. de Secondat, Baron de Montesquieu : in two (2)volumes, Edinburgh, Printed by A. Donaldson and J. Reid, for Ebenezer Wilson.

[23] Ikenga Oraegbunam “Separation of Powers and Nigerian Constitutional Democracy” Read More: https://www.dawodu.com/oraegbunam1.htm accessed 5th March 2018

[24] (2007) All FWLR (Pt 353) 3 p. 14

[25] Relevant sections of the Constitution place each of the basic powers of government in a separate branch. Thus, while sections 4 and 5 deal with the legislative and executive powers respectively, section 6 is concerned with the judicial powers.

[26] Vanguard newspaper on November 13 2017 “El Zakzaky’s continued detention exposes Buhari’s regime to ridicule – Falana” Read More: < https://www.vanguardngr.com/2017/11/el-zakzakys-continued-detention-exposes-buharis-regime-ridicule-falana/ > accessed on the 6^th March 2018

[27] The Authority Daily “Legal Quotes” Wednesday, October 12, 2016.

[28] FHC/ABJ/CS/232/2018

[29] Read more at: https://www.vanguardngr.com/2018/02/national-assembly-lacks-power-fix-election-dates/

[30] (2003) 9 NWLR (PT 824) 104 at 143-144

[31]  Dr Ifedayo Timothy Akomolede “ Good Governance, Rule of Law and Constitutionalism in Nigeria” European Journal of Business and Social Science Vol.1 No6 pp 69-85

[32] Ibid

[33] Chief (Mrs.) Farida Waziri AIG (RTD) ” The Role of Anti-Corruption Agencies” a Keynote Address by the Executive Chairman of the Economic and Financial Crimes Commission, at a Workshop on Transparency & Accountability in the Public Service, Kaduna, Kaduna State, Nigeria; September 28th 2009.

[34] Dr Ifedayo Timothy Akomolede “ Good Governance, Rule of Law and Constitutionalism in Nigeria” European Journal of Business and Social Science Vol.1 No6 pp 69-85

[35] The Sun newspaper on 9th January 2018 “Buhari orders IGP to relocate to Benue” Read More <http://sunnewsonline.com/buhari-orders-igp-to-relocate-to-benue/> accessed 5^th March 2018

[36] Noting the old legal maxim which says “justice delayed is justice denied”

[37] (2006) 15 N.W.L.R (1001) PG 198 at 225 particularly Para E & F.

[38] This saying is acclaimed to be one of Mahatma Ghandi’s Famous quotes. Read More :< http://blogs.law.unc.edu/probono/2012/03/07/it-was-mahatma-ghandi-who-said-a-nations-greatness-is-measured-by-how-it-treats-its-weakest-members/ > accessed on the 6^th of March 2018

[39] A colloquial expression  that is synonymous with “National Wealth” of the country  nevertheless it has been said that “National Cake” is  the underlying principle of governance in Nigeria which is a cake owned by all but accessible by a few wealthy persons who have amass a great chunk for themselves alone

[40] (2014) 14 NWLR (pt 1427) 264 SC at page 345 particularly at para C-D

[41] See also Inakoju v Adeleke (2007) 4 NWLR (pt 1025) 423; A.G Ondo State v A.G Federation  (2002) 9 NWLR (772) 222 at 308

[42] (2011) NWLR (Pt 1231) 375 CA

[43] This decision was later upheld by the Supreme Court in JIM – JAJA V C.O.P (2013) 6 NWLR (pt 1350) 225

[44] See also Ubani v Director of SSC and Anor (1991) 11 NWLR (pt 625) 129 at page 143

[45] (2011) 3 NWLR (PT 1233) 15 CA

[46] Act 2002 (LFN 2004)

[47] Section 1 of the Economic and Financial Crimes Commission (Establishment) Act 2004

[48] According to Dr Mrs Farida Waziri in a paper presented to the Nigeria-British Chamber of Commerce on the 7^th May 2011 the EFCC had recovered over $11 billion since its inception in 2003. Now the amount would definitely be more considering the time in which the paper was delivered. Read more:< http://www.proshareng.com/news/Nigeria-Economy/The-Economic-and-Financial-Crimes-Commission’s-(Efcc’s)-Critical-Role-in-Growing-the-Economy-/14392  > assessed on the 6^th March 2018

[49] Section 6(b) and 7(2) of the Economic and Financial Crimes Commission (Establishment) Act 2004

[50] (2016) 1 NWLR (Pt.1493) 245-246

[51]  Raimi L, Suara I. B, Fadipe A.O “Role of Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practice & Other Related Offenses Commission (ICPC) at Ensuring Accountability and Governance in Nigeria” Journal of Business Administration and Education” ISSN 2201 – 2958 volume 3, Number 2, 2013 105-122.

[52] Cap C31, Laws of the Federation of Nigeria 2004

[53]  The Corrupt Practices and other Related Offences Act > http://logbaby.com/directory/independent-corrupt-_15366.html#.Wp9481SnG00 < assessed on the 7^th March 2018

[54] (2014) 16 NWLR (pt. 1433) 299 CA

[55] (2002) 9 NWLR (Pt 772) 222

[56] Note that item 60(a) of the Exclusive Legislative List read together with section 4(2) and 15(5) of the 1999 Constitution not only Imposes duty on the Federal Government to abolish all corrupt practices but also imposes a duty of making a law through National Assembly for that purpose.

[57] Law Pavilion “Administration of Criminal Justice Act 2015” < https://lawpavilion.com/blog/the-administration-of-criminal-justice-act-2015-acja/ > accessed 10^th April 2018

[58] Administration of Criminal Justice Act 2015

[59] Section 7 Administration of Criminal Justice Act, 2015

[60] Section 494 Administration of Criminal Justice Act, 2015

[61] (2006) LRECN 42 CA,

[62] (2012) 18 NWLR (PT. 1331) 55 SC

[63] Suite No. SC 907/2015 judgment delivered on 8^th January, 2016

[64] See Edward Okereke v Dave Umah SC.1004/2015 judgement delivered on 5^th February 2016 where the court clarified that the card reader cannot logically depose the voters’ register and it would be wrong for any petitioner to seek to rely solely on the report of the card reader. See also Wike Nyesom v Hon. Dr. Dakuku Peterside & ors SC 1002/2015 judgment delivered on 12^th February, 2016

[65] Section 45 of the 1999 Constitution . There are new laws which a section of the general public, especially the media perceives as violating the right to freedom of expression. One of such laws is the Cybercrimes (Prohibition, Prevention, etc) Act 2015.  It is therefore important that those laws be subjected to judicial scrutiny and judicial interpretation.

[66] Section 2 of the Act. By the section, public institutions are required to ensure that they record and keep information about all their activities, operations and businesses.

[67]Case No FHC/ABJ/CS/805/2011 decision of 25 June 2012

[68] Victor Usifo “Effects of Corruption on Nigeria Economy and the Way Forward” >https://infoguidenigeria.com/effects-corruption-nigeria-economy/ < accessed 16^th April 2018

[69] Ibid.

[70] THISDAY, 12 December 2003, pp.1-2

[71] PREMIUM TIME, < https://www.premiumtimesng.com/features-and-interviews/264285-satire-saturday-looters-list-and-the-tragedy-of-apc-pdp-reggae-blues.html > accessed April 16th 2018

[72] Goddy Osa Igbaekemen; Maryam Tijjani Abbah; Maryam Malah Geidam (2014). Canadian Social Science, 10(6), 149-157. Available from: http://www.cscanada.net/index.php/css/article/view/5335 DOI: http://dx.doi.org/10.3968/5335

[73] PREMIUM TIME https://opinion.premiumtimesng.com/2017/04/15/why-government-loses-corruption-cases-by-femi-falana/

[74] TheMetrolawyer “Nigeria Records 8,000 Whistleblower Tips in One Year” <www.themetrolawyer.com/nigeria-records-8000-whistleblower-tips-in-one-year/ > accessed 26^th April 2018

[75] See generally “Declaration of Delhi”, Journal of International commission of Jurist 1959 Vol. II, pp. 7-54

[76] Reaffirmed in the African Conference on the Rule of Law: A Report on the Proceedings of the Conference pg 11 cited in D.O Aihe “Selected Essays on Nigeria Constitutional Law, (Idodo Umeh Publishehrs Ltd, 1985)

[77] BBC NEWS “Nigerian Chibok Abduction: What We Know” < http://www.bbc.com/news/world-africa-32299943 > accessed 12th April 2018

[78] Gosdwin Okaneme “The Challenges of Leadership and Governance in Nigeria” Covenant University Journal of Politics & International Affairs Vol. 5 No. 1 June, 2017