Dafe Akpedeye, a chartered arbitrator, university lecturer and Senior Advocate of Nigeria, is a member of the Amnesty Drafting Committee, a presidential panel put in place by the Federal Government to work out modalities on how to grant reprieve to repentant Niger Delta militants. Akpedeye is also the Delta State Attorney - General and Commissioner of Justice. In a chanced meeting recently, LAW EDITOR Adam Adedimeji took him up on his new assignment and how he has been able to cope with his job as Chief Law Officer of Delta State. Excerpts:
You are a member of the Amnesty Drafting Committee. Can the proposed amnesty to the militants guarantee peace in the troubled Niger Delta region?
I think the proposed amnesty would go a very long way in guaranteeing peace in the region. The amnesty involves pardon, demilitarisation, disarmament, rehabilitation and re-integration of those militants, who would take advantage of the Presidential reprieve. As a member of the Presidential Amnesty Panel, I can assure you that Mr. President and the State Governors are very serious with the matter and are willing to see the process through. As you may be aware, a good number of high-ranking militants have already indicated their willingness surrender under the proposed amnesty. I see the initiative succeeding in bringing the much desired peace to the Niger Delta region.
Aside the issue of amnesty, what other things do you consider should be done to guarantee peace in the Niger Delta?
While exploring the amnesty initiative, I also think that to fully harness the gains of the initiative, Governments at all levels need to step up the process of rapid sustainable development of the region in order to avoid giving any likely future violent struggle the opportunity to thrive on. The early forms of violent struggles in the region anchored on drawing attention to the acknowledged unacceptable neglect of the region, although we must agree that the neglect is not a product of this regime. Indeed, we must appreciate the efforts of the Yar' Adua administration in setting up the Ministry of Niger Delta for the rapid development of the region. While there may be misgivings arising from the failures of past administrations, we need to give this administration the benefit of the doubt. To do so, we must create an enabling environment for government's programmes to be executed. In Delta State, the Dr. Emmanuel Eweta Uduaghan administration has made remarkable strides in seeing to the sustenance of peace in the State. Peace is one of the major planks of the 3 - point agenda of this administration and the response of the State Government to the recent crisis is a vivid testimony to the sincerity of the State Governor in the pursuit of the 3 - point agenda. This administration also takes very seriously the issue of infrastructure and human capital development. DESOPADEC was set up to attend mainly to the needs of the oil and gas bearing communities in the State and the efforts of the Commission are helping to deliver the gains of democracy to the people concerned.
As an insider, can you let us into some of the ingredients of the proposed amnesty?
As I have earlier stated, the amnesty includes pardon, demilitarisation, disarmament, rehabilitation and re-integration of those militants who would take advantage of the Presidential reprieve. The repentant militants must be willing to lay down their arms and be rehabilitated by way of a variegated form of training for their human development through skill acquisition, specialised education and other training packages depending on the area of interest of the surrendering militant. After the training period, there are programmes for the re-integration of the ex-militants back fully into society to enable them lead normal lives again. Government is willing to fully support the process of redirecting the energies of these able-bodied young men and women into the process of sustainable development of the region in every ramification. It is one opportunity we cannot afford to miss.
Can you share some of your experience as a member of the drafting committee with us?
The experience was challenging as it was herculean. Immediately the panel was set up, we had a number of pre-inaugural meetings, extending much into the night, from where we broke into sub-committees in line with the terms of reference of the panel. We saw it as an urgent national assignment on which we must deliver. Knowing the composition of the Panel, you could see the seriousness with which the Federal and State Governments considered the work. I am glad the Panel did not disappoint Mr. President and the nation.
In your personal opinion, do you feel that Mr. President may alter some of the recommendations in your committee proposed amnesty?
It is a matter of discretion for Mr. President, but I can assure you that Mr. President will act in the overall interest of the nation as a whole.
Are there factors you feel that can rubbish the truce as it concerns with amnesty offer to militants?
Mr. President has demonstrated enough commitment to show that he is committed to the matter. The initials concerns raised by stakeholders have been addressed. I can say that the process will succeed. We must bear in mind that criminality under whatever guise is punishable under our laws. This initiative is a magnanimous one. I urge the militants to see it that way and co-operate with the relevant agencies to see it through. After the expiration of the period appointed for the militants to repent, what we refer to in Law as locus penitentiae, the unrepentant militants will be treated thereafter in accordance with the provisions of our penal laws.
As Delta State Attorney - General and Commissioner of Justice, how can you assess the justice system in Delta State in the past two years?
It has been quite satisfactory. We have made appreciable progress. For example, opinions on case files sent in by the Police are now treated within 48 hours, unlike in the past when it took several months to get legal opinion ready. I insist on timelines for every task in the Ministry of Justice and notwithstanding the initial hiccups, a new culture of service delivery is gradually evolving in the Delta State Ministry of Justice.
This Government has immense regard for the rule of law and that is why we respect court orders and comply with court decisions timeously.
Are there areas you will like it changed in Justice System in the State?
We are working on decongesting prisons and reducing the awaiting trial time. We have argued for the introduction of the Office of the Divisional Attorney when the Bill for the amendment of the Police Act was debated at the National Assembly. We are still working on the idea to see what we can do about it as a State. Much of the delay n criminal justice is due to the delay by the Police in forwarding the casefile. We believe that where there is a Lawyer acting as the Divisional Attorney in each of the Police Divisions in the State, our system of criminal justice administration will leapfrog into more virile and response one with reduced instances of complaints of human rights violations.
We are also trying to see that our new Civil Procedure Rules come out on time so as to reduce the lifespan of cases in the Court. The enactment of the new Rules has suffered some technical hitches but I believe it will be ready for use soon. Once the front-loading and pre-trial conference methods are introduced here, our system of civil justice will be greatly enhanced.
You blazed the trail in Annotated Laws. How would you rate this innovation initiated by you in Delta State?
Excellent! The interest indicated by the public is stupendous. We are grappling to meet the demands for the Annotated Laws. Being the first State to achieve the feat, a number of my colleagues in other States have been consulting on how to replicate it in their States.
Has it achieved the expected purpose?
It was launched only recently. I hear that many Courts now insist on its use. It will definitely help to advance our jurisprudence in this part of the world.
There must be challenges. What are these challenges you face as the Attorney - General of Delta State and Commissioner of Justice?
Trying to adjust to the bottlenecks in public service is a major challenge. The challenge is however ameliorated by my boss, who I consider to be the most listening Governor in Nigeria. The State Governor has always endeavoured to create an enabling environment for the entire workforce to excel. There is also the challenge of limited resources to execute the initiatives I have in mind.
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