Jude Igbanoi and Kayode Ketefe
1 June 2009
(Page 2 of 3)
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.
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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.