UNDER BUHARI, NIGERIA FOR THE FIRST TIME HAS HAUSA/MULSLIM LEADERSHIP OF ALL ARMS OF GOVERNMENT
- PDP LEGAL ADVISER
Barr Emmanuel Enoidem is the PDP Legal Adviser. In this explosive interview, he takes a swipe at the NFIUās directive on local government financial autonomy, and also how the current leadership structure in the country has negated the constitution. Excerpts:
LETāS GO TO THE LOCAL GOVERNMENT SYSTEM IN NIGERIA. THE NATIONAL FINANCIAL INTELLIGENCE UNIT HAS SET OUT ON AUTONOMY FOR LOCAL GOVERNMENTS IN NIGERIA AND YET THE GOVERNORS OF THE THIRTY SIX STATES IN NIGERIA ROSE UP AGAINST THIS. DO YOU THINK THEIR REASONS ARE JUSTIFIABLE?
Well let me tell you that what is guaranteed for the local government system in Nigeria is a democratically elected local government system. Iām not aware of any law that talks about the financial autonomy of local government because Nigeria is not running a fiscal federation we are running a unitary federation. So the federal government cannot be talking about autonomy for local government because we donāt have autonomy for the state. If we are talking about true autonomy, it will mean that the resources of each state should be owned and managed by each state. Any federal system that does not give full account and recognition of fiscal federation is a contradiction in terms. So the federal government cannot be blowing hot and cold at the same time. They cannot be talking about financial autonomy of local governments without talking about the state autonomy in terms of financial dealing. And as I speak, I am not sure that there is any law in Nigeria apart from the state joint account which is recognized by the constitution so there is no other law in Nigeria that says that local government must have financial autonomy. All I am saying is that let Nigeria as a federation have a full blown federal system which gives account of physical federation because that is the hallmark of every federal system and in that event, it will mean that the local government will be autonomous, independent, and the state and federal government will be independent and will stand alone and unless we have a true fiscal federation in Nigeria, Nigeria cannot develop economically. So I support independence autonomy of the different arms of government when true federalism is implemented in Nigeria but not thinking and choosing what you want to do. Like I said, let us have a law and amend the constitution that state joint account should not exist again because as long as the state joint account still exists, the federal government cannot talk otherwise.
AS SOMEONE WHO HAS BEEN A LOCAL GOVERNMENT CHAIRMAN, WHAT DO YOU THINK THE CHAIRMEN STAND TO LOSE OF THIS DIRECTIVE BY NIGERIAN FINANCIAL INTELLIGENT UNIT IS IMPLEMENTED BECAUSE THEY THEMSELVES DONāT WANT IT?
Like I said, if we have local government autonomy, it will be good for the local government system but as a lawyer, I am telling you that there is nothing that warrants the federal government to insist that there should be local government autonomy. As we speak, there is no law and when we are talking about a system, every system must be bound by law. It is not by somebody making pronouncements or wishes, it is what the law wants and what the position of the law is in the matter and I donāt want to talk outside the law.
WHAT IS YOUR REACTION TO THE NATIONAL ASSEMBLY AND WHAT IS PLAYING OUT?
Let me tell you the problem I have with this Buhariās second term, this is the first time in the history of Nigeria that we are going to have all the heads of Government coming from one region of the country.
The President is a Hausa/Fulani, he has already nominated a Hausa /Fulani as the CJN in place of Onnoghen, and a Hausa Fulani as the head of the legislature and of course they are also making a Muslim to be the Number Four citizen of Nigeria. This is the first time we have Hausa/ Fulani or a Muslim occupying all the headship of the arms of government. This is very insensitive to the provision of the Constitution and Nigerians cannot sleep over this. This is someone setting out to destroy the federal character that is entrenched in our constitution, the law is very clear that Nigeria is a circular country.
DOES IT REALLY MATTER WHERE THEY COME FROM?
It matters a whole lot, especially when you have a President who told the world bank that the development impact of Nigeria must be in the North, we have to educate Nigerians that this is not how leadership should be done, it is critical to continuous wellness of the federation.
IS THAT NOT THE MESSAGE YOU SHOULD HAVE PREACHED TO NIGERIANS TO ENSURE THAT YOUR PARTY RECAPTURES POWER, BEFORE NOW?
I don’t know what you are talking about we are not in charge of the Federal Government, the point Iām trying to make is that whether in a civilian or military Government, this is the first in the history of Nigeria , it is unreasonable and unconstitution to say the President is coming from the North, the Senate President is coming from the North, the Chief Justice of Nigeria is coming from the north.
AT THE MOMENT THE PRESIDENCY HAS MOVED CELEBRATIONS TO JUNE 12 WHICH IS THE ACTUAL DAY FOR DEMOCRACY AND BECAUSE OF THAT EVERY OTHER CELEBRATION WHERE MOVED TO THAT DAY. DO YOU ALSO AGREE WITH THIS?
Well I donāt know about June 12 Democracy day thatās what they want and you see the President is the President of Nigeria he can choose to do what he wants to do and also when he wants to celebrate the Democracy day but as far as Iām concerned, there is a difference between June 12 and May 29. The 29th of May is a beginning of a new tenure and new government in the political calendar and there is nothing that anybody can do about it. The constitution will need to be changed before 29th of May can be cancelled. So there is no way they can postpone the 29th of May if they want to declare June 12 as a Democracy day, it is a different ball game entirely but the issues concerning 29th of May cannot be postponed because these are two different calendar dates in the political history of Nigeria so if the president wants to declare June 12, it has nothing to do with 29th of May that has come to stay constitutionally. So we need to put things in perspective and understand that June 12 day is different from 29th of May which is the inauguration of government.
DONāT YOU THINK THAT THIS IS AN INDIRECT WAY TO GRADUALLY MOVE 29TH MAY TO JUNE 12 AS AN OFFICIAL DATE OF SWEARING IN?
There will be constitutional crisis because what you are trying to say is that there will be a time the government will shift inauguration that is supposed to take place on the 29th of May which is constitutionally recognized will now take place on June 12 in other words between 29th of May to June 12 there will be no government or they have to amend the law to show that one government will come into place and then extend their tenure from 29th day May to June 12 and if that happens that will be constitutional crisis. The point I am making is that the sanctity of the 29th day of May has come to stay and there is nothing anybody can do about it. My candid opinion about June 12 it like somebody is trying to play back politics. We can still remember the fact that we had a free and fair election which I was a part of the election supporting M.K.O Abiola as he were, a lot of people that were part of that process betrayed that election. An example was Ambassador Babagana Kingibeā, who was Abiolaās running mate yet abandoned the mandate before the cock crew but yet he was honoured. For me, that was a major dent on whatever intention the government had about June 12. I am not a fan of June 12 celebration anymore, especially under the guise of the present administration because this is one government that has not been very sincere to Nigerians.
SOME OTHER COMMENTS COMING FROM THE PRESIDENCY ESPECIALLY, THE WIFE OF THE PRESIDENT OF RECENT HAS NOT BEEN VERY PALATABLE ON THE ISSUES OF SECURITY, WHERE HE SAID IF SECURITY ISSUES ARE NOT TACKLED, EVERYBODY WOULD BE KILLED?
Sheās not just talking about in insecurity, she has an active conscience. For me that woman is the conscience of the government of President Buhari because at every point in time she couldnāt bear the pains that the country is passing through, she couldnāt bear the insincerity the government is demonstrating , she couldnāt bear the destruction in the system. Sheās not just talking about the insecurities, she is also talking about the corruption in the present sector and also the cabal running the government. She is also very much alive to the short comings of the government and has tried to speak openly against this government and the limitations in this particular government. As for me I see her as someone that is very sincere to Nigerians, sincere to her husband, and to the government but they will not listen because sincerity is not part of the government.
ARE YOU NOT ALSO SURPRISED THAT THE AREAS WHERE THIS INSECURITIES ARE RECORDED IN HIGH SCALE, LIKE KASTINA STATE, ZAMFARA STATE, YOMBE STATE AND BURNO STATE ARE EVEN THE AREAS MR. PRESIDENT HAD BASKET FULL OF VOTES?
That shows, that there was actually no election. For instance, in Zamfara State, there is no way you would go to the state on the day of election and expect the people of Zamfara to vote for the APC. In Yobe, bombs were being dropped to the extent that even their state governor could not vote. In Borno, the headquarters of insecurity, not less than eighty percent votes were given to the APc. This is very inconsistent with reality.
BUT YOU WERE NOT THERE?
Even though I was not there, we had statistics and intelligence from those areas. We saw pictures of what happened, a lady was voting for thousands of people in Yobe state. Donāt forget that the world is a global village on account of technology so we have all these details. The insecurity is not just about the elections, take a look at the concentration of security being practiced in the North this is the first time in the history of Nigeria whether civilian or military government that one person is appointing more than eighty seven percent of the security chiefs from one section of the country and as God will have it this is the only section in the country today that is enveloped by insecurities of monumental dimensions to the extent that even the village of the President is now under serious trait. So it shows that God is not a man because otherwise it would have been the south that would have experience this level of insecurity. Also, the appointment of security chiefs in Nigeria is not credible, the right people are not appointed to mount the security apparatus in the country.
ARE YOU SAYING THAT WHERE SOMEBODY COMES FROM HAS A ROLE TO PLAY IN HOW HE TACKLES INSECURITY?
If you cannot protect your home then you have no business talking about security.
LETāS TALK ABOUT THE VICTORY OF YOUR PARTY IN ZAMFARA STATE THROUGH THE INSTRUMENTATION OF THE JUDICIARY ARM OF GOVERNMENT
Well it is good but you see what happened in Zamfara state is victory for Democracy and also trial for internal running of government. It a big lesson for politicians not just of the APC but even to other political party including my own party {PDP}. We have tried as a current leadership of PDP in the country to ensure that we do not take internal Democracy management lightly. We had tried to be as fair as possible in the running of our primaries during the last elections, but what happened in Zamfara state and in Rivers state came to the peak bringing a big lesson to some politicians and managers of some political parties. When you are dealing with Democracy it begins from the internal management of the nomination process which is called pre-elections or primaries of political party. It is very important that the election of the political party officers must be rooted in internal democratic processes that will ensure fairness, credibility and transparency in the process. So what happened on the 24th of May at the Supreme Court of Nigeria is a major victory for democracy in Nigeria and I thank God that it happened.
YOU ARE EXTOLLING THE JUDICIARY IN THESE CASE AND YOU ARE ALSO IN COURT CONCERNING THE JUST CONCLUDED PRESIDENTIAL ELECTIONS. IF THE DECISION OF THE JUDICIARY ALSO GOES AGAINST YOUR PARTY, WILL YOU ALSO EULOGISE THE JUDICIARY?
If you have a judgement against you and you see the reasoning of the court, and itās in line with the internal principles of law on those issues then of course you wonāt have any problem as a lawyer and I will take it in good fate but when you have a judgement that is confronting the legal principles that have been established over the years then you will say that these judgement was not fair and anybody can say this. So it is not about me, it is about what justice was served. These are the legal parameters that every judgement must be examined but I donāt want to be too personal on this so when we get to the bridge we will cross the river. But so far so good I want to commend the courage of the judiciary for standing by the law and then promoting democratic principles and tenets in Nigeria and I am hoping that it will continue like that.
