Jude Igbanoi and Kayode Ketefe
1 June 2009
Lagos — For 30 years the Nigerian Institute of Advanced legal Studies provided pristine training for lawyers and lawmakers in essential areas of law at advanced level. NIALS has kept faith with this mandate over these years and it has grown from a fledgling academic enclave to its present status equivalent to a post-graduate law training institution and a world class research institution.
Democracy Day 'Gift'
Events at the Institute last week were as intriguing as they were controversial. The crux of the controversy is the unceremonious removal of the erstwhile Director-General of the Institute, Professor Ameze Guobadia. Her removal which was linked to the lecture delivered by one of Nigeria's leading authorities on Constitutional Law, Professor Ben Nwabueze SAN, was seen by some as one of this administration's Democracy Day 'gifts' to the legal community.
In a swift reaction however, the Nigerian Bar Association has asked the Federal Government to immediately reinstate the sacked Director-General while describing her removal as a dent on the rule of law.
Guobadia was recently relieved of her job before the expiration of her term in office by the Attorney-General of the Federation and Minster of Justice, Mr. Mike Aondoakaa SAN.
The Federal Government had also announced the appointment of the Professor Epiphany Azinge, SAN in replacement of Guobadia who was appointed to the position in 2003.
She first joined the Institute in 1997 and then served as Director of Studies from 1997 to 2003 when she became the DG. Despite her removal she is however still in the NIALS as a researcher.
NBA's Response
In a swift response the NBA, in a statement titled 'Shenanigans of the Federal Attorney-General' written last Thursday by its President, Mr. Rotimi Akeredolu SAN and made available to LAWYER, said the removal of Guobadia was unacceptable.
The body said Guobadia was generally acknowledged to be a competent person who was doing an honest job at the Institute and therefore queried the rationale behind her removal.
It added that the removal of Guobadia smacked of this same hypocrisy and disrespect for the rule of law exhibited in the removal of the former National Executive Secretary of the National Human Rights Commission, Mrs. Kehinde Ajoni, from office.
The Association further stated that it was a dent on President Yar'Adua's trumpeted rule of law for a fit person like Guobadia to be removed while a 'hugely unpopular and incompetent' person like Professor Maurice Iwu was retained in office under the guise that his tenure had not expired.
It re-affirmed its commitment to the Communiqué issued at the end of its recent National Executive Council in Sokoto where the AGF, Aondoakaa, was roundly condemned for having 'continually undermined the sanctity of his high office through outright acts of gross incompetence and indefensible breaches of the rule of law'.
FG's Greek Gift
The NBA also called on Professor Azinge, whom it described as a respected academic and member of the Inner Bar, not to accept the offer of the office since it was a 'treacherous Greek gift'.
The statement read in part 'The NBA hereby reiterates its communiqué adopted by NEC at Sokoto in May this year to the effect that the Hon. Federal Attorney-General Mike Aondoakaa has continually undermined the sanctity of his high office through outright acts of gross incompetence and indefensible breaches of the Rule of Law.
'The NBA further observes that for the Federal Attorney-General to remove Prof. Guobadia before the expiration of her term while hiding behind the façade of an unexpired tenure to keep the hugely unpopular and incompetent Prof. Iwu in office as Chairman of the Independent National Electoral Commission reeks of double standard hypocrisy and willful shenanigan with the intelligence of Nigerians.
'The NBA thus categorically rejects Professor Guobadia's removal before the end of her tenure and subsequent replacement by Prof. Azinge SAN and demands reversal of these two actions as being inconsistent with government's claims of commitment to the rule of law'.
'Finally, the NBA calls on Prof. Azinge SAN, a respected academic and member of the inner Bar, who has been appointed Director-General in Prof. Guobadia's place to do the honourable thing by rejecting this treacherous Greek gift.
'And for this kind of impunity to take place in statutory bodies where there are legal practitioners, is not only unfortunate but propels the view that the Hon. Federal Attorney-General ought to know better.
'NBA regrets that Professor Guobadia under whom the Institute has just celebrated its anniversary and who is generally acknowledged to be doing an honest job should be removed from office before expiration of her tenure by a Federal Attorney-General who appears to defend mediocrity a la Prof. Iwu and punish excellence. Prof. Guobadia's removal is both regretted and rejected.'
Will Azinge Accept the 'Greek Gift'?
Speaking to LAWYER on his appointment Professor Azinge SAN, said he was ready to take over the reins of control even though he never expected it. He said 'I was pleasantly surprised by the appointment. I did not see it coming; I was not in the picture at all. But I wholly welcome it as a call to national service.
'I am prepared to guard my loins, take up the challenges and devote myself to it so that the vision of the founding fathers of the Institute would be fulfilled. I have since received my letter which indicated I will only spend a single term of five years. I am satisfied with that; it is just like a University Vice-Chancellor who spends a five year single term.
'The supervising minister and the government had what they saw before appointing me and I am prepared to do my best to make my tenure a success'
Like Anjoni, Like Guobadia, Like
In his own reaction on the development the First Vice Chairman of the NBA and the Chairman of the association's Human Rights Institute, Mr. Ikeazor Akaraiwe, also likened the removal of Guobadia to the sacking of Ajoni whose removal he deemed political.
Akaraiwe told LAWYER, 'I need to mention that the reason the Executive Secretary National Human Rights Commission was sacked less than two years into her tenure was over 'honesty.' She did an objective report about the state of human rights in Nigeria and presented to the United Nations.
'The removal of Guobadia was done in the same spirit, it is unacceptable and it is a breach of the rule of law not to talk of breach of contract. This reflects the practice of double standards by the AGF and the government he serves. They used the excuse of tenure to retain Iwu in office but remove Guobadia.
'Let Aondoakaa stop speaking with the both sides of his mouth. Beyond that, Guobadia has been doing a very good job. She is an asset to the government and people of Nigeria; her removal is a disservice to the country.
'NBA therefore demands her immediate reinstatement.'
The Nwabueze Link
Sources informed LAWYER that removal of Guobadia was not unconnected with the lecture delivered two weeks ago by foremost constitutional lawyer, Professor Ben Nwabueze SAN at the Institute.
In his keynote address at the 30th Anniversary Lecture of the Institute which held in Abuja, Nwabueze had scathing remarks for last December's judgment of the Supreme Court which affirmed Yar'Adua's electoral victory at the April 21, 2007 Presidential election by a majority of four to three.
Nwabueze had faulted the judgment of the apex court in the Buhari case against Yar'Adua on the ground that the principles of law relied on to give Yar'Adua victory were based on wrong premises.
He added that Yar'Adua should not have won the election if the justice had been done in the case. 'The Supreme Court erred to have affirmed Yar'Adua's victory', Nwabueze had concluded.
Nwabueze also blamed the current crisis in the Niger Delta region on the inability of the Supreme Court to be truly independent under former President Olusegun Obasanjo.
He condemned the current action by the military saying the declaration of war is not the best option towards resolving the crisis in the Niger Delta, stressing that such a measure would not be considered in a nation that truly practices the rule of law
Also speaking at the occasion Aondoakaa reiterated the Federal Government's determination to uphold the rule of law.
He stated that government was committed to tackle corruption and brigandage. He warned that the government would not fold its arms and watch
its military being attacked without any form of provocation.
The Controversial Comment
Our sources added, 'This lecture was apparently what actuated the Federal Government to sack Professor Guobadia. This, as you can see is unfair'.
Asked to comment on the controversial lecture delivered by Nwabueze at the Institute last week, Azinge said the person who delivered the keynote lecture, Professor Nwabueze is an expert on constitutional law and that the lecture was delivered in a public place. 'The lecture has been made into a book. It is in the public domain, anybody who wants the lecture can obtain it. What am I to comment on about the lecture?'
In her response, the President of the world umbrella body for female lawyers, Federacion Internationale De Abogadas (FIDA), Mrs. Stella Ugboma said, 'I am surprised to hear that Professor Guobadia has been removed before the expiration of her tenure.
'This progressive removal of women from position of authority is undesirable when the nation has not even got enough of them there. That is how Kehinde Ajoni of the National Human Rights Commission was removed and replaced with a man! I think if at all she should be removed, she should be replaced by a woman.
'On the insinuation that she was removed because of Professor Nwabueze's lecture, if that is true I think it is unfortunate. She should not be blamed for bringing in speakers that criticised government.
'What is she supposed to do? She has no authority to vet papers of keynote speakers invited to the Institute especially somebody like Professor Nwabueze. Government ought not to visit the 'sins' of somebody else on her.
'Well, it is pity because she is very brilliant, intelligent and hardworking woman who had been doing a great job at the Institute.
Efforts of LAWYER to get the reactions of Guobadia to this development was abortive as she was not answering her calls as at the time of filing this report.
Aondoakaa's Reaction
In a terse text message in response to LAWYER's enquiries, the AGF insisted that the Guobadia was removed because her tenure has expired.
The text of the message read, 'Her tenure has expired. I will explain later'.
He promised to call back to shed information on his computation of how Guobadia tenure 'has expired'. He indeed kept his promise and spoke with the LAWYER on phone at length on the issues surrounding Guobadia's removal.
In his reaction, Aondoakaa SAN, said, 'Professor Guobadia was removed simply because her term in office had expired. Let me tell you what the law says. Section 8 (1) of the NIALS Act states that the appointment into the office of the Director General is made for a period of four years that is renewable for another four years. Subsection (2) states that the condition and tenure that is applicable to the university should apply to the Institute. So the position of the Director-General of the Institute is like that of the University Vice-Chancellor under the NIALS Act.
'Later there was University Miscellaneous Act which introduced a single five year tenure for the office of the Vice-Chancellor and this of course is applicable to the Institute as well by virtue of Section 8 (2) of the NIALS Act.
'If you have been receiving the salary and enjoying the conditions of service of Vice-Chancellor under this Section 8 (2) and now that the law which regulates the university limits the tenure of the VC to five years, you cannot now say 'No we are different from the university'. When the law (MUA) came into effect, it means all those (Vice-Chancellors and the DG of NIALS) on the former four year renewable system were only entitled to another extra year in addition to the four. No more renewal.
'Actually her tenure expired last year, she had been occupying the office illegally. People began to write petitions about her illegal continuance in office in excess of statutory limit. It was then we looked at what the law says and came to the conclusion that she indeed was occupying the office illegally.
'As for the NBA's criticisms, what one would have expected a man of Akeredolu's standing to do was to walk into my office and we sit down together to arrive at what the law says. It would have saved him all these unnecessary controversies. If he had called me he would not be making a caricature of himself as he is doing at present. Akeredolu seems to have a personal vendetta against me. On the Halliburton issue for instance I wrote to him to explain issues, but he went ahead to Sokoto to at the NEC meeting to condemn me.
'On the insinuation that the removal has anything to do with the lecture given by Professor Nwabueze, nothing could be further from the truth. The administration is not that frivolous and would not descend so low. We are a respecter of the rule of law and people's freedoms and liberties. Freedom of expression is part of that rule of law. How can we say a professor should not speak in a university environment? People who are making that kind of insinuation do not know what this government stands for.
'As for the NBA invectives against me and this administration, it is unfortunate that the leadership of a noble body like the NBA has turned the organisation into a kind of opposition party against the government and it refuses to see anything good in what we are doing. I am promoting the rule of law but the NBA has gone political. As for me I am not bothered and remain focused, and would not be deterred by any criticisms, invectives or cheap blackmail from any quarters'.
Did the AGF Lie?
A source from the leadership of the NBA however said the AG's position is not correct. The source insisted that the tenure of Guobadia was truncated midstream.
Another angle to Guobadia's removal, LAWYER gathered from inside sources at the Institute, is in connection with her tenure as Director-General.
The former DG was said to have acquired the status of Vice-Chancellor accompanied with all the complements, emoluments and paraphernalia of office. The Institute, although accorded equal status with a university, her predecessor in office Professor Ignatius Ayua SAN was said to have subtly turned down the perks of office of Vice-Chancellor. That explained why he was able to stay two terms in that office. But Professor Guobadia was said to have assumed the status of VC and actually received all entitlements of the office including commensurate remunerations.
Government's position was therefore premised on this fact. That the office of VC is tenured for five years and Guobadia having spent six years in the office and received all complementary entitlements, it was only reasonable of her to vacate office, said LAWYER's source.
FG No Longer at Ease
The events at the 30th Anniversary Lecture of NIALS may have triggered the chain reactions that culminated in Guobadia's exit as DG but the underpinning issues were quite clear. The government was apparently not quite at ease with the content and purport of Professor Nwabueze's lecture. The erudite Professor and one of Nigeria's leading authorities on Constitutional Law, in the lecture made scathing remarks about the recent judgments of the Supreme Court in the election appeal involving Muhammadu Buhari and Umaru Yar 'Adua. Part of Nwabueze's lecture heavily criticised the judgments of their Lordships of the Supreme Court.
Lecture Drama
To some, Nwabueze's criticism is sacrilegious especially as the Justices were present at the lecture. Nwabueze particularly mentioned Justice Niki Tobi in relation to his lead judgment in the Buhari vYar 'Adua case. Indeed, a drama ensued when Professor Epiphany Azinge SAN quickly approached Nwabueze at the podium to remind him to be careful in denigrating their Lordships who were seated and listening. Nwabueze immediately retorted 'Professor Azinge is warning me to be careful!' This elicited laughter from the audience. But the apparently embarrassed Justices saw Nwabueze's remarks as a big slight.
While the melodrama was going on, messages were said to have been sent to Professor Guobadia to intervene at some point to say some words to diffuse the situation. She was reported to have said and maintained the stance that Professor Nwabueze as a Nigerian, a distinguished academic and a senior citizen was entitled to his opinion.
It took the Attorney-General of the Federation's request to be allowed to respond to Nwabueze's remarks in the lecture to at least douse the visibly tense atmosphere. It was at that point clear that a whole lot of damage had been done to the highest institution of justice in the land.
The view of those close to both the Supreme Court and NIALS is that Nwabueze's remarks were bad and ill intentioned for two reasons. For one, Nwabueze was counsel to Buhari in the appeal he was criticising. A few were even of the opinion that Nwabueze's comments easily constituted contempt ex facie curae.
The brouhaha that resulted in the musical chairs at the 30 year old Institute has left in its wake some fundamental changes that will likely remain permanent.
The Man, AZINGE
The new man in the saddle, Azinge is a 51 year old Professor of law from Delta State. He is an alumnus of the University of Lagos and holds a Ph.D in Comparative Constitutional Law from the London School of Economics.
He lectured at the University of Benin for over ten years before moving to NIALS in 1992. Called to the Bar in 1980, he has been Research Professor and Director of Studies at the Institute.
He was elevated to the rank of Senior Advocate of Nigeria in 2006.
Azinge who has over 30 publications in various areas of law to his credit is a Knight of St John (KSJ) and an avid golfer. He was appointed last year as the chair of NBA/SBL Committee of Sports.
He is also the Editor-in-Chief of the Nigerian Supreme Court Review.
What The Law Says
Laws of the Federation of Nigeria, 2004
NIGERIAN INSTITUTE OF ADVANCED LEGAL STUDIES ACT
Section 8
(1) The Director General shall hold office for four years in the first instance, renewable for a period of four years at a time thereafter, on such terms as to the emoluments of his office, and otherwise as may be specified in his letter of appointment.
(2) The remuneration, tenure and conditions of service of other employees of the Institute, including the Director General shall be as those applicable to staff in Nigerian Universities or otherwise as may be determined from time to time by the Federal Government.
UNIVERSITIES (MISCELLANEOUS PROVISIONS) (AMENDMENT) ACT, 2003
Section 3 ( c ) (8)
The Vice-Chancellor may be removed from office by the Visitor after due consultation with the Council and the Senate acting through the Minister of Education," with the following words-
The Vice-Chancellor may be removed from office by the Governing Council on grounds of gross misconduct or inability to discharge the functions of his office as a result of infirmity of the body or mind, at the initiative of the Council, Senate or the Congregation after due process.
Section 7
'For the avoidance of doubt, the provisions of subsection (6) of this section shall -
(a) only be applicable to those appointed to the office of Vice-Chancellor after the commencement of this Act;
(b) Not confer on a person serving a first term of office as Vice-Chancellor before the commencement of this Act, any right to the renewal of the appointment for a further term of four years.
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This Aodonkaa or I dont care fellow is a disgrace to the legal profession. As the NBA said he has exhibited gross incompetence bothering on outright stupidity on several occasions. Every time there is a news item about him he never disappoints by saying or doing something extremely nauseting. God, where does Yaradua get this clowns from. Unfortunately, PDP (People's Destruction Party) is filled with clowns ala the Deputy Chairman that recently berated the US.