Tuesday, September 4, 2012
Why National Assembly should not resist court order on members’ salaries
By Obo Effanga
According to The Punch newspaper of Wednesday August 29, 2012, the Nigerian National Assembly is taking steps to reverse the recent order of the Federal High Court for it to disclose the earnings of its members.
The report says the National Assembly (NASS), acting through its Clerk (the highest ranking civil servant and administrator of the federal legislature), Mr. Salisu Maikasuwa, is by a motion on notice dated June 29, asking for stay of execution of the judgment on the grounds that he has filed a “valid notice of appeal” challenging it.
Recall that on June 25 2012, Justice Balkisu Aliyu had delivered judgment in a suit filed by a civil society organisation, Legal Defence and Assistant Project (LEDAP), ordering the Clerk of the National Assembly “to give detailed information of salary, emolument and allowances paid” to all the federal lawmakers from June 2007 to May 2011.
That judgment was well received and celebrated by citizens. Among other things, it would help put paid to controversies surrounding the actual, official and legitimate earnings of our legislators and thus help in our quest for accountability. The salaries and allowances of these state officials after all are paid from the common wealth of Nigerians and we deserve to know what it costs us to maintain our public officers.
What is more, it is a practical application of the intendment of the Freedom of Information Act earlier passed by the same National Assembly, whom Mr. Maikasuwa is attempting to shield from scrutiny.
The questions to ask include: “whose interest is Mr Maikasuwa attempting to protect anyway?” What injury does he or the (former) members of the National Assembly stand to suffer if this information as to their salaries and allowances are made public?”
While we are aware that the law recognises the right of any party in a legal proceeding to appeal any decision, we are also aware that public officers, whose offices and activities are paid for by public resources should at all times act in the best interest of the public. Spending public resources in appealing this judgment and resisting the quest for the disclosure of public information cannot by any stretch of imagination be said to accord to that standard.
Our country cannot progress with the attitude of public officers as represented by the clerk of the National Assembly who continue to regard the salaries and emoluments of public officers as private and secret information.
One view reportedly canvassed by the NASS Clerk is that the Freedom of Information Act, 2011 and any other law did not have retrospective effect. This apparently suggests that because the Act was passed in 2011, it cannot be used as basis for demanding information that existed prior to that time.
That certainly cannot be a proper interpretation of the law. Section 1(1) of the Act refers to “information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution...” Thus, we believe that information about the salaries, allowances and emoluments paid to members of the National Assembly of Nigeria from 1999 to date, being within the custody of the NASS Clerk, clearly full within the above provision.
Our position therefore is for the Clerk and indeed the leadership of the National Assembly to discontinue forthwith this appeal in the best interest of Nigeria and to speedily release the requested information as ordered by a court of competent jurisdiction.
Wednesday, September 14, 2011
An idiot's guide to fighting corruption in Nigeria
Nigeria, like every other country - India, UK, US, Iran, Ghana etc, has its share of corrupt public officers who steal from the common wealth of all for their personal interests. However, it is how the state responds to corruption that makes a huge difference. I have over the years observed the typical pattern of how we fight corruption in Nigeria and have come up with this script, played out in 10 scenes:
1. EFCC or Police nab high-profile suspects; issues press release which the media gullibly goes to town with.
2. Supporters of suspects allege witch-hunt.
3. Suspects are arraigned in court and media again splashes photos and video footages.
4. Ordinary Nigerians celebrate, abuse the suspects in commentaries, at pubs, and at newspaper "free readers' club" stands.
5. Suspects apply for bail and are initially denied.
6. Suspects again apply for bail citing medical reasons and court eventually grants bail with conditions that seem difficult to meet.
7. Bail condition is met and suspects leave custody.
8. Case drags for a while, suffering adjournments upon adjournments.
9. Public forgets about the case and looks forward to another high-profile, celebrated arraignment.
10. Suspects meanwhile are fully integrated into the society and carry on with their endeavours as usual, (Orji Uzor Kalu, Jolly Nyame etc) including holding high offices as 'Senator of the Federal Republic of Nigeria' (Saminu Turaki, Chimaroke Nnamani etc.).
And the beat goes on...
Thursday, July 7, 2011
Of Special Advisers and Ministers
Of Special Advisers and Ministers
I recently asked the rhetorical question, “What does any country need 40 ministers and 20 special advisers to the presidency for”? Now, with the announcement of the specific titles of the 20 special advisers, I am the more worried how many of those positions are really necessary. Perhaps those more conversant with the workings of government should first tell us what the difference in the roles of a minister/or state commissioner and those of special advisers and special assistants are. We have even seen a situation under Obasanjo where some ministers in his first term in office returned in the second term as Special Advisers.
To be sure here are some special adviser positions that I am struggling to understand. There is a Special Adviser to the President on Energy. Does that mean there would be no minister for energy? There is also a Special Adviser to the President on Social Development. Is the department of social development going to be pulled out from where it is currently? It is just as I am wondering what the Special Adviser to the President on Niger Delta Affairs will do, that cannot be done by the minister in that ministry. And then there is a Special Adviser to the President on International Relations. Really? What happens to the foreign affairs minister?
I am sure many Nigerians have often wondered what amounts to ‘Special Duties’ that we sometimes have a special adviser and maybe a minister for? I remember that Abacha had three different ministers of Special Duties, the most popular or notorious being Wada Nas. Those duties must be so special that they cannot be identified under any specific head. Maybe that is where ‘miscellaneous’ expenses we see in budgets get spent.
Now there is a “Special Adviser to the President for Special Duties (Office of the Vice President)”. Let’s reason for a moment that when that office holder then gets a ‘special assistant’ (PA), that one will bear the very lengthy designation of “PA to the SA to the President for Special Duties (office of the VP)”. I would love to see that fellow’s business card.
Now, all these titles and designations look too complicated and technical to understand that I am thinking of suggesting that we need a Special Adviser on Special Advisory Coordination. Never mind, my suggestion is late because there is a ‘Special Adviser to the President on Technical Matters’. Could that be the person for the job?
Sunday, June 5, 2011
Seventh National Assembly: The making of our 7th mega-millionaire politicians’ club?
Typically, the polity has been heated with the politicking and horse-trading as to who should be elected presiding officers of the legislative houses and why. But just last night, the speaker of the just ended House of Representatives (Dimeji Bankole) was arrested by the Economic and Financial Crimes Commission (EFCC), allegedly for a loan collected by the House of Representatives under his watch to the tune of N10bn. The details and purport of the loan had become a source of embarrassment in the twilights of the 6th Session of NASS.
The recent happenings must set the tone for today’s pomp in Nigeria’s capital city, Abuja. The members to be sworn in, in both chambers must have a thought as to how to or how not to conduct business as usual, if they want to make a difference. But that may be asking for too much.
It seems, from the reports in the media, that from January 2010, the Reps of the now extinct 6th Session approved/accepted an increase of their quarterly 'allowance' for 'running cost' from N22m to N42m for each 'ordinary' member. This was made to at least close the yawning gap between what they collected and what their principal officers got, which was much more and a source of discontent by majority of the members.
In a manner of speaking, the 'genesis' that led to this 'revelation' was the enhanced allowance approved by the Reps for themselves. Rep Tambuwal reportedly told the House in one of its now notorious 'Executive' Sessions of the “restiveness of members and the possible crisis that may erupt in the House because of the issue of enhanced allowances that members have been clamoring for”. As I said a few weeks ago, it was this effort to sustain ambrosia for our Reps that led to this burst bubble.
That enhanced allowance is still running as new members are sworn in today and will continue to run. I don't see these new members, as beneficiaries' voting to reverse this quarterly windfall. In fact, if they have their way, they would love to sweeten the honey or money pot, as their predecessors did, unless they are a new breed of Nigerians with a different thinking.
I daresay that some of these new members were drawn to the National Assembly in the first place by the evidence of stupendous transformation in the personal circumstances of their predecessors by merely attaining the position of 'honourable' members and 'distinguished' senators. If in doubt, ask those who failed to retain their seats and find out why some of them are so bitter at their losses.
In plain words, are we merely inaugurating the 7th Session of Nigeria’s National Assembly or this is the making of our 7th mega-millionaire politicians’ club?
Saturday, June 4, 2011
Enter motor forget wetin them write for the bodi
There's a streetwise advice in Nigeria, rendered in as funny a manner as any street grammar can possibly be, urging people to focus on the utility of something, not the packaging. In Nigerian pidgin, it is said, "make you enter motor forget wetin them write for the bodi". It probably comes from the days when owners of (long distance) buses and trucks would write religious and philosophical expressions on the vehicles. Some of those expressions were controversial or likely to be misunderstood, like "man die go", "God punish dem all" or "life is war". I must not forget one of the most popular ones that says, "To be a man is not a day's job". In practice it was written "a day job".
It was possible therefore that some prospective commuters would have, out of courage of conviction, opted not to get on some of those vehicles. But given that there were often too few of the vehicles and the few often had (potentially) controversial words of wisdom, the streetwise person knew it was better to hop on the next available bus than be worried about what message the bus was carrying.
I was recently confronted with that choice here in Brighton as I bought packaged fresh pumpkin leaves to prepare a meal. The product was branded in three languages that I could identify as or suspect to be Efik, Igbo and English (in that order). It was called "okong-bong" (apparently it was "ikong-ubong" in Efik); "ogu" (that must be "ugwu" or "ugu" in Igbo) and wait for this, "ponki leaves" (pumpkin leaves in English).
But hey, I wasn't buying the name was I? I was buying ikong-ubong or ugwu/ugu or pumpkin leaves, by whatever name it was called. Like a rose by whatever name, you would say.
Okay, this is NOT about what I cooked and how, so don't think I am going to talk about that. The proof of the pudding is in the eating right, so invite yourself over.
Wednesday, June 1, 2011
Primitive persons In Government or (PIG).
In the last one week or so, I have posted on facebook and commented on the report of the alleged wife-battery by Nigeria's High commissioner to Kenya, Dr. Chijioke Wigwe who has recently been recalled and may be investigated at home. Yesterday, a friend asked me 'how' such a 'primitive' man was appointed in the first place. I here attempt to answer that.
This is how it works. The president nominates someone (please read my yesterday's facebook analysis of reasons for nominations/appointments to political offices). Before then, the security folks supposedly conduct a background check (now let's not talk about the quality of that). The name is then sent to the Senate for confirmation. It is a notorious fact how our Senate typically conducts its screening and approval of nominees and boom, you have a misfit like Wigwe as high commissioner/ambassador.
On March 21, I shared on facebook, the report of how the Senate cleared one Mrs. Bristol, described as a career diplomat, to become an ambassador even though she performed abysmally at the Senate screening. I wrote then: "Mrs Bristol was asked to explain the Vienna and Geneva Conventions. All she could say was: “I am confused. I am confused.” Senate President David Mark asked that the Senate should “temper justice with mercy…her case is a case of what we call poor pass.”" I referred to this media report: http://thewillnigeria.com/opinion/7924-THE-AMBASSADOR-WHO-FAILED-ANTHEM-TEST.html. In deed, our Senate had no qualms approving the appointment of a mediocre to represent the country in a foreign land.
I equally shared on facebook, the report in an April 7 newspaper (see http://www.vanguardngr.com/2011/03/libya-nigerian-envoy-flees/) that in the height of the crisis in Libya and the attempt to rescue Nigerians there, our ambassador to Libya, Isa Mohammed Aliyu, fled with his family and abandoned the compatriots he was expected to protect. Until now, no sanction has been made and I have heard no official response to that report.
It is now another season of nominations, by the president, of persons for appointment as ministers and ambassadors etc. One prays that all the agencies would live up to their responsibilities. If the security agencies did their jobs well, they would probably have identified Wigwe as a violent husband. But it is also possible that such finding was indeed submitted but the appointing authority still overlooked it. And this happens everywhere with grave consequences, much like the IMF overlooked the known weaknesses of its boss only to find itself in the current international mess.
But by far the most ridiculous process by a state institution in this matter of political appointment in Nigeria is that of Senate screening. Our Senate has since come up with the very insulting practice/convention of asking certain persons who appear before it for confirmation to merely 'take a bow' before it and go. They do this whenever a former federal legislator appears before it for screening. So, if the legislator was a 'legislooter' (now please don't drag me into the controversy of whom among the other, confirming legislators has the audacity to cast the first stone) or even a paedophile (like the one who married a 14-year-old girl) he would be asked to take a bow and be certified good to go.
I hope the above answers the question of how we end up with such Primitive persons In Government or (PIG).