Taofeeq Olateju Esq. works with Yusuf Olaolu Ali (SAN) of Ghalib Chambers, located in Ilorin, the Kwara State chapter. In this interview, he speaks with our JUDICIARY CORRESPONDENT, KAYODE ADEOTI on the need to find lasting solution to the prevailing Boko Haram killings in Kaduna and other parts of the country among other issues. Excerpts:
Refer to the ongoing trial of the Chief Justice of Nigeria (CJN), Samuel Walter Onnoghen, the Federal Government has ordered security operatives to conduct a search on his farm. The development has attracted lots of condemnation on the basis that the executive is going too far. What is your take?
In my own opinion, the executive, under the law is not going too far because the law enforcement agencies that are saddled with the responsibility of taking to court anyone reasonably suspected to have committed a crime, is in-charge. In a proceed that is in connection to crime, government can do all what is needed to be done within the purview of the law to fish it out. Searching the farm or any other place they suspected the proceed of crime may have been moved to, I don’t think government is over-streching its power or going above limit.
Do you think his (CJN) suspension from office and arraignment does not have political undertone?
His suspension and prosecution may have some political undertones, but in the real sense, it is not, if one is alleged to have done something, there is an iota of truth that the person committed the crime he’s accused of. If one is alleged to have any offence, it is wrong to start saying it’s because of where one belongs to politically that is facilitating the allegation. At the end, court can find such person alleged of the crime innocent. There is no need for anyone to give political colouration to the trial of the CJN.
The INEC has refused Atiku access to inspect the election materials as ordered by the Tribunal, there seems to be a kind of missing link in that wise, can you put record straight?
The order of the court is not priviledge, that is the extant provision of the law. Anyone involve in that order are to comply. As a practitioner, directing someone to carry out any act, it is incumbent on us to apply for that order and write a covering letter and send it to the person concerned as the case may be. It is when the body concerned is aware of the order and fail to comply, that is when we can allege flouting the order of the court. But if certain steps have not been taken, they may deny Atiku access. Infact, they may claim they came about it through the mass media. The appropriate thing is for the order to be served on them. The lawyer should serve INEC.
Do you think INEC needs restructuring following the postponement, violence and rigging that allegedly marred the last general elections in some parts of the country?
There are lots to restructure in the electoral umpire, the election was free and fair in some areas, it was marred by malpractices in some areas too. But I don’t think putting laws into place will address the situation; but following the procedure of laws which are already in place will guide us. That is why, prior to the election, election tribunal was inaugurated and we have our courts functioning. If there are pre-election issues, you can approach the court and if there are post election problem,s one can approach the Tribunal.
Since the beginning of the year, there seems to be lot of killings in Kaduna State…?
If there are killings and government has set up committee to look into it and the committee has submitted report according to their findings, why will government abandon such committee and their reports? Government can get solution from what the committee has proffer as way out in their reports. We need to know that when a committee is set up, they will look indepth to finding lasting solution to the crisis. Kaduna is a volatile state and it’s because of the variance of people in the region. We have people who are predominantly Christians and Muslims. If you look at surrounding circumstance of the killings in Kaduna, it is always connected with religious killings. Government should implement the committee reports. The issue of crisis should not be managed solely by the police, they should involve other security agencies, it is only when we take holistic approach; then, we will involve religious bodies, private security agencies and traditional rulers, our family settings must be vigilant. We must involve all stakeholders.
