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Judex Okoro, Calabar
In this interview, the former Senate Leader, Victor Ndoma-Egba, SAN, x-rays some national issues ranging from President Muhammadu Buhari’s administration as Nigeria marks 6oth anniversary, his anti-corruption fight, security challenges, and the legal implications of Cross River not having a substantive Chief Judge for almost ten months running. Ndoma-Egba, who was also the Board Chairman of NDDC, insists that Buhari’s administration is fighting hard to change Nigeria’s narrative.
Nigeria just clocked 60. How can you assess the nation’s growth?
I was born four years before Nigeria. I have seen colonial rule; saw the fight for independence; saw the excitement of elections before independence, especially when Awolowo came to Ikom on helicopter with election materials. I saw elders discussing the future with so much hope. Then 1966, gboaaah!!! Coup! We got to 1967, civil war for three years. I have had cocktail of experiences. However, we actually have two achievements. Firstly, we survived the civil war and secondly we are still one country. Now, to assess ourselves, we need to go back to our peers as at 1960, talking about Brazil, Indonesia, Malaysia, Singapore and India.
Brazil and Indonesia had worst forms of military rule that we ever experienced. When we were setting up defence industry in Kaduna, it was the same time Brazil was setting up the equivalent. Today, those ones have gone beyond producing arms to producing aeroplanes and rockets. We are still struggling, so it is not military rule that has placed its hook on our neck. In 1960, Nigeria had three regions. 1963 saw the creation of Midwest making it four regions. In 1967, we had 12 states and we went on to 19 states; from there to 21 and by 1996, we had 36 states. That is in 36 years, we were creating an average of one federating unit every year. India still has the same number of states or provinces as they call them. Brazil created one additional state. All other countries maintained the same number of federating units as they had in 1960. The implication is that this is multiplication of cost heads and increase in the ratio of recurrent. Corruption is a consequence of inefficiency. This multiplication has created inefficiency and the consequence is corruption that we are crying about. In a nutshell, the structure where we moved from three regions to 36 states cannot deliver the progress that we can see.
Secondly, the political will and the vision. My consolation is when we look at the new emerging states, it means that it can be done. Sad as our history is, there is still hope. In any case, President Muhammadu Buhari’s administration is however fighting hard to change the narrative. To assess Buhari’s administration, you will need to recall the depths we were in, that we need to get to the surface before we can build up. For the past five years, President Buhari’s administration has done much to take us to the top especially fighting hard to check corruption in the country because if corruption is reduced considerably, Nigeria will go a long way.
One of the planks that APC and President Buhari campaigned on in 2015 was security. Can you say the security challenges have been overcome so far?
Security is still a challenge but not at the level it was before with a substantial portion of territory occupied by the terrorists, hosting flags and with their own government. Bombs dropped indiscriminately everywhere then including the Police Headquarters, the United Nations building, Churches, Mosques and markets with rapidity and audacity. Schools were often invaded with children kidnapped. But the Buhari’s administration has put an end to all these and the battle to finally eliminate Boko Haram and bandits are high. Furthermore, there has been remarkable delivery on infrastructure especially the Onitsha and lkom bridges, roads, rail, upgrade of airports etc. We, however, expect much more given our severe infrastructure deficit. The infamous oil subsidy has been removed. The Treasury Single Account is being effectively implemented. What we require is patience. Certainly, President Buhari’s government will deliver.
Presently, Cross River State has refused to swear in Justice Akon Ikpem as substantive Chief Judge because of irreconcilable differences. What do you think should be done in this instance?
The legal profession is all about seniority. Justice Udo Udoma was Chief Justice of Uganda, Akiodu Aguda was Chief Justice of Botswana, and Omo Agege, father of the Senate Leader, was Chief Justice in Gambia. Even our own Okoi Ikpi Itam was Chief Justice of Gambia. Akomaye Agim, who is now going to the Supreme Court, was Chief Justice of Gambia. So, we follow seniority. Besides, in our clime, a woman can choose either the husband’s place or her place of birth, but you have to be consistent. You cannot say today I am from Akwa Ibom and tomorrow from Cross River. That’s how Okonjo-Iweala, who is from Delta and married a man from Abia, was minister representing Abia because from her records she has been an Abia person. Remember the case of Justice Jombo Ofor, whose husband was from Abia by birth, she was from Enugu. She was appointed court of Appeal justice to represent Abia and Abia people said they don’t want and I had to make that foremost speech reminding the Igbo that once upon a time, there was a Justice Kalu Anya, who was Chief Justice of North East. Today, you can’t accept your own fellow Igbo woman. Therefore, even if Justice Akon Ikpeme was one hundred percent Ibibio, by marriage, she is Cross River. And if we could accept South-Westerner as chief justice, accept an Igbo as Solicitor-General, accept Ghanaian as DPP, how come we can’t accept someone whose husband is Efik? And the constitution is very clear, “the next most senior judge if there is a vacancy.”
But have you spoken with Gov Ben Ayade on this matter as a Senior Advocate and what was his reaction?
Yes, I and the Governor had spoken on this issue. When Justice Akon Ikpeme was to be sworn in as Acting Chief Judge, I was abroad and the governor called me. We were on phone for almost one hour and he didn’t want to swear her in. I gave him all the reasons why he must swear in this lady. I am sure that Kanu Agabi, Paul Erokoro (all SAN)and everybody who has a say in this have spoken in the same way I did. So, I begin to wonder why he shouldn’t heed. I even said swear her in, let her Curriculum Vitae show that she was one time a chief judge, then fight so she can be promoted to Court of Appeal, then Justice Maurice Eneji moves in and everybody will be happy. The constitution says the NJC recommends, you appoint. You cannot appoint without the NJC recommendations and I have the opportunity of saying to him that the NJC will not concede an inch of its constitutional territory to you.
What do think are the implications of not having a substantive Chief Judge in a state?
I can tell you that the non-appointment of a Chief Judge for the state has far reaching implications for the litigants. For example, if your landlord wants to throw you out from his house and you have your receipts showing you paid your rents, he told you that by October 5, he will throw you out; you will be helpless because it is only the Chief Judge that can assign the case to a judge. Again, Police has wrongly detained an innocent citizen, and I rush to court on his behalf. Of course, you will remain in the police station because only the Chief Judge can assign the case.
Moreover, those who want to apply for Senior Advocate of Nigeria, SAN, it equally affects them. So, in another four or five years, you will not see any Cross Riverian rising to the position of SAN. If cases are not being assigned, what cases will you do? Today, when you are asked to apply to become a judge, you attach all judgements you personally handled. So, if cases are not being assigned or cases are not being done, how do you get a judge? Governor Ben Ayade, by virtue of his position, swore to an oath to protect and defend the constitution. All we are saying is abide by the constitution and do the correct thing. You cannot make or get people suffer because you have a personal preference. You are also endangering Justice Maurice Eneji. The legal profession will be dead if this continues. So if I don’t speak out, it will be wrong.
