In this interview with Ise-Oluwa Ige, Law teacher and EFCC prosecutor, Dr Wahab Kunle Shittu, SAN gave conditions to be met if the present growing negative perception of the judiciary must be reversed. He also spoke on the fresh call by former Senate Leader, Ali Ndume for withdrawal of the controversial tax reform bill, recent stampedes in different geo-political zones of the country resulting in avoidable deaths and the moves by state governors to subvert subsisting judgments of the Supreme Court on local government autonomy.
The CJN at the 2024 Annual Conference of Justices of the Appeal Court lamented growing negative perception of the judiciary, urging all stakeholders to stem the tide. How did we get here and what do you think should be done to arrest this trend?
At the 2024 Annual Conference, the Chief Justice of Nigeria (CJN) expressed deep concern over the judiciary’s tarnished reputation, pointing to a growing wave of public mistrust. This perception, she noted, stems from allegations of corruption, delays in dispensing justice, conflicting judgments, and a seeming disconnect between judicial outcomes and societal expectations.
How did we arrive at this juncture? Years of systemic neglect, a lack of transparency, and the failure of key stakeholders to enforce accountability within the judiciary have played significant roles. Additionally, unethical practices by a few judicial officers have cast a shadow over the entire institution, further eroding public confidence.
To reverse this trend, decisive steps must be taken. First, the judiciary must prioritize internal reforms, including strengthening disciplinary measures against erring judicial officers. Second, enhanced transparency and digitization of court processes can restore faith in the system. Third, fostering continuous legal education and promoting ethics among judges and lawyers will ensure higher standards of professionalism. Finally, collaborative engagement between the judiciary, civil society, and the public is essential to rebuild trust and reaffirm the judiciary’s role as the cornerstone of justice in Nigeria.
Edo State Governor on December 17, 2024 placed 18 local government chairmen on suspension for not submitting their statement of finances to him. Comment on the legality of this decision?
The suspension of the 18 local government chairmen in Edo State for failing to submit their statements of finances raises serious legal and constitutional questions, especially when considered in light of the Supreme Court’s judgments on local government autonomy in Nigeria. Local governments in Nigeria derive their existence and functions from Section 7(1) of the 1999 Constitution (as amended), which guarantees their democratically elected status. The constitution also provides for their autonomy, particularly in the administration of finances, to ensure they operate independently of state governments.
The Supreme Court of Nigeria has consistently affirmed the autonomy of local governments in several landmark cases, particularly emphasizing that state governments cannot exercise undue control over their operations. For example, in Attorney General of Lagos State v. Attorney General of the Federation (2004) 18 NWLR (Pt. 904) 1, the apex court underscored the independence of local governments and invalidated any attempt by state governments to interfere arbitrarily with their affairs. Also, in Attorney General of the Federation v. Attorney General of Abia State &35 others (2024) 17 NWLR (Pt. 1966) 1, the Supreme Court upheld the autonomy of the local government.
The power to suspend or remove local government chairmen must be exercised strictly within the confines of the law. Under the Nigerian Constitution, local government officials can only be removed or suspended through legal processes, typically involving the legislative council of the local government area, and not unilaterally by the governor.
While financial accountability is essential, the failure to submit financial statements does not automatically confer the governor with the authority to suspend elected local government chairmen. Such actions must align with constitutional provisions, state laws, or any applicable disciplinary mechanisms. Arbitrary suspensions undermine the democratic mandate of the officials and violate the principle of local government autonomy.
The governor’s action, if not backed by due process, infringes upon the separation of powers doctrine, as it allows the executive to usurp the functions of local government legislative councils, which are constitutionally empowered to oversee local government administration.
The AGF at an event in Abuja warned state govts enacting legislations to frustrate the S’Court judgment on local govt autonomy in order to interfere with local govt finances. What is your perspective on this development, sir?
The Attorney-General’s stance is not only timely but also necessary to safeguard the independence of local governments, as enshrined in Section 7(1) of the 1999 Constitution (as amended). His assertion reaffirms the Supreme Court’s decisions, which have repeatedly emphasized the need for local government councils to operate without undue interference from state governments. These judgments have clarified that local governments must be allowed to manage their own affairs, particularly their finances, to fulfill their mandate of delivering grassroots development effectively.
By openly addressing the persistent attempts by some state governments to circumvent the law through questionable legislative enactments, the AGF has demonstrated a commendable commitment to preserving Nigeria’s federal structure and ensuring that the third tier of government remains functional and autonomous.
To reinforce the AGF’s position and protect local government autonomy, the Federal Government should ensure that Supreme Court judgments on local government autonomy are enforced rigorously, leaving no room for state-level legislative maneuvers to dilute their effect.
It is imperative that all stakeholders including the judiciary, civil society, and citizens rally behind efforts to uphold local government autonomy. Only by respecting the rule of law can Nigeria’s democracy flourish, ensuring that the benefits of governance reach every citizen, particularly those at the grassroots.
Former Senate leader, Ali Ndume, on Sunday called for withdrawal of the controversial tax reform bill to pave way for more consultations. How do you react to this, sir?
While I am in total support of the tax reforms, I believe that there may be areas within the tax reform bill that require some adjustments, and it’s important to listen to everyone voicing concerns. Their feedback matters, and it’s essential to address those concerns directly. At the same time, we must explain the content of the tax reform clearly and ensure people understand its purpose and impact.
This is not about targeting any particular group or region. A universal tax system, by design, aims to reduce the financial burden for everyone. What’s needed is to break the concepts down into simpler terms so that everyone can see the benefits.
Tax professionals like Mr. Taiwo Oyedele have been working hard to do just that—explaining the reforms in ways that make them easier to understand. If we focus on creating more awareness and fostering dialogue, it will become clearer that this reform is something we can all support for the good of the country.
Tax matters are inherently complex, and for reforms to succeed, it is imperative to simplify the narrative for the general populace. Mr. Taiwo Oyedele’s efforts in explaining the policy directions have been commendable, but more targeted outreach to less economically and tax-informed demographics is essential. This will help demystify technical concepts, like the phased VAT increase or consolidation of tax codes.
How do you react to the recent stampedes in Abuja, Ibadan, Anambra, leading to deaths of children?
Stampedes in Nigeria have sadly become a recurring tragedy, with over 12 major incidents reported since 2013, resulting in approximately 200 fatalities. These events, from religious gatherings to recruitment drives, often highlight systemic issues in event management and public behavior.
Fast forward to 2024, several incidents have further underscored the severity of the problem. The customs rice rush stampede left 7 dead, and the tragedy at Aliyu Wamakko’s residence in Sokoto saw 9 lives lost. Another heartbreaking event occurred at a children’s funfair in Ibadan, where 40 people, including children, perished in a stampede. Each of these cases shares common causes: inadequate security, poor crowd control, and impatience among attendees.
The responsibility largely lies with event organizers who fail to implement effective crowd management strategies. In the Ibadan funfair incident, for example, a large turnout was expected, yet there were no visible measures to regulate the influx of attendees or control access points. Similarly, at the Port Harcourt church stampede in 2022, the absence of proper protocols resulted in chaos when people rushed to collect food items.
However, attendees also bear some blame. The lack of patience and unwillingness to queue in an orderly manner often escalate these situations. Human behavior, especially in high-pressure environments where essential goods or services are at stake, plays a critical role in such tragedies. For instance, the Nasarawa University palliative stampede in 2024, which led to 3 deaths, occurred because of a rush to access relief materials, reflecting the deep social and economic desperation faced by many Nigerians.
Solutions to Prevent Stampedes include enhanced event planning and security protocols, crowd control training for security personnel and an efficient emergency response system.
Stampedes are preventable tragedies that highlight a combination of systemic failures and societal challenges. By holding event organizers accountable and fostering a culture of patience and cooperation among the public, these heartbreaking incidents can be significantly reduced. Recent events like the Ibadan funfair and the Nasarawa palliative stampede should serve as wake-up calls for both authorities and citizens to prioritize safety and orderliness in all communal activities.
