Chairman of the Nigerian Bar Association, Gombe Branch, Benjamin Sati, speaks to CHIMA AZUBUIKE about the recent demolition of guest houses, and lodges alleged to be encouraging underage prostitution, among other issues
How did the branch hear about the demolition of guest houses and lodges in Gombe State?
The branch heard about the demolition of guest houses/lodges first from direct telephone calls. There were earlier meetings with some of the guest houses convened by the task force and for fear of issues that might arise, some owners of guest houses consulted me as a lawyer for advice. We advised them to go as a matter of obligation sequel to the said meeting, rumour started circulating that the task force was demolishing some guest houses/lodges and one of the proprietors placed a call across and confirmed that two guest houses were being demolished almost simultaneously. So, I moved to the one nearest to me and met only the vandals who got a free hand after the vandalisation to loot/steal because the area had become very uncontrollably rowdy.
How does the branch feel about it?
The branch feels bad for people whose property were destroyed, demolished, vandalised, and looted. We feel it is needless and an avoidable hazard inflicted on the owners of the said property.
In an earlier statement, the branch condemned the task force’s decision but commended the government for attempting to rescue the state from moral decadence, what’s the nexus?
Well, the primary function of the government by Chapter II of the Constitution of the Federal Republic of Nigeria 1999(as amended) is the protection of the lives and property of the citizenry. The task force was constituted by the government, and where good reasons exist, there may be demolition of property or property. Executive Order No. 006 which birthed the task force makes alternatives to demolition by way of sealing premises, investigation and prosecution, and other sanctions other than demolition. The premises might even be acquired and converted for public purposes; of course, subject to the constitutional provision of the right to acquire immovable property in any part of Nigeria with all the exceptions thereto.
The government that is saddled with the constitutional responsibility of securing lives and property should not be seen to violate the said duty through an agent with actual authority. Worse still, the owners of the property claimed to have valuables stored in those buildings that were not connected to the gala, clubbing, or any issue sought to be addressed by the task force.
Of course, the government supposedly has a social contract with the people; every citizen has surrendered his individual might to the government in consideration for the government’s protection of his rights from fundamental breach by mightier humans. The government is therefore responsible for the protection of the said rights. This practically is to avoid throwing the state into a state of confusion. This is commendable so long as there is adherence to a standard procedure as opposed to the absence of orderliness.
That is the very essence of government, and we applaud the state government for its efforts in guarding and moderating moral conduct so that in the exercise of the right of one citizen, he shall not be in breach of the right of another.
Critics have wondered whether task force activities were set to entrench Sharia. Do you think this is possible?
I do not think the task force that is headed by a Christian chairman and having both the representatives of the Christian Association of Nigeria and the Youth Wing of CAN will be pursuing the course of establishing a Sharia Legal System. Good morals are teachings not only required in Islam but also in Christianity. No government encourages conducts that are contra bonus mores i.e. contrary to the good morals. Only the state House of Assembly has the responsibility of law-making. So, if it is the Sharia legal system that is sought to be introduced, it’s the state House of Assembly, not a committee or worse still, not a task force that will be tasked to do that.
Do investors in the hospitality business have anything to fear going forward?
I do not think investors in the hospitality business have anything to fear, especially if the trend of demolition does not continue or appears to be a kind of victimisation or deliberate frustration of the hospitality sub-sector of the economy. Though the conduct of the task force is capable of creating apprehension in the mind of an existing or a prospective investor, I think the government should do more to engage stakeholders in the hospitality and entertainment sector in collaboration with security agencies to dispel wrong perceptions or alleged criminality likely cooked up using the hospitality sector of the economy. Crimes are done everywhere, and they are better tackled using intelligence as opposed to force.
You highlighted the need for the government to institute an inquiry to review the task force activities to ensure the appropriate compensation. How possible is this?
Yes, we, through our statement, called on the government to inaugurate a committee to review the actions of the task force in meting disproportionate sanctions on people or businesses who honestly believe they were not culpable, and the task force would have found out if proper administrative cum judicial processes have been employed. You do not expect that a ₦100m investment in a business being demolished in this harsh economy without any adequate compensation will bring harmony. That will not even be seen as justice. It will not be justice tempered with mercy.
Some have criticised Gombe NBA for not speaking out till Sunday since the demolition commenced on Wednesday. What can you say to this?
It is not true; there is no timeline within which a grievance shall be registered. Lawyers are not supposed to talk if they have no reason to or are not sure of the state of things. In any case, as much as the NBA is saddled with the responsibility of speaking on issues of public interest, failure and/or refusal to comment should not attract any complaint. In any case, the NBA appears to be the first, if not the only organisation or institution to issue a statement in respect of the demolition of 14/2/2024 and also condemn the demolitions. It (the NBA) should be applauded not criticised as there is no basis for such criticism.
Was the setting up of the task force on Gidan Galas and Joints necessary, or it’s a case of overstaying its usefulness?
Setting up a task force is necessary, if it is not done as a witch-hunt or if it is not ill-motivated. That is why we have the government. If religious activities are regulated, social activities should be regulated. More so, if the task force will operate with some modicum of civility in a civilized democratic society. If a business meets the minimum laid down criteria and it is a granted license to operate, why not? Gombe State hosts people from all the 36 states of the federation and the FCT, and also foreign nationals; it must therefore be seen to be less rigid on social issues or impose a pattern of living on its dwellers or residents.
How has the current NBA under your leadership tried to ensure the rule of law and enforcement of justice?
The NBA as a critical stakeholder in the justice sector particularly in Gombe State, has been up and doing. There have been a lot of human rights issues since we assumed office. The motor of the Nigerian Bar Association is ‘Promoting the Rule of Law’. That was why we had to issue a statement regarding the recent activities of the Gombe State Task Force on Gala Houses. We shall continue to engage stakeholders in upholding the rule of law and be the mouthpiece of the oppressed. That is why we exist.
Are there special packages or welfare that will distinguish lawyers in your dispensation and previous years?
Well, there is no distinct or special package provided by this administration. We, however, have promised and started delivering continuing legal education sessions. Building the capacity of lawyers is the best package and welfare. Once lawyers are in touch with modern reality, they shall thrive in their areas of practice. That does not mean, however, that we care less about lawyers’ welfare. In our little way, we reach out to the aged lawyers and also lawyers involved in one form of ceremony or the other morally and financially. This administration does it in a unique way.
Recently, you organised a Bar and Bench forum, after many years since it last held. What were the major takeaways for Gombe State lawyers?
The major takeaways from our Bar and Bench Forum are the messages of our joint stake in the justice sector, seeing lawyers and judges as brothers, and eschewing corruption and all reprehensible conduct in our practice in this modern-day 21st Century.
Nationally, hunger is biting hard owing to inflation. What is the way out of the quagmire?
Hunger is indeed biting hard nationwide owing to inflation. The government needs to be deliberately sincere if we must get out of it. Part of the causes of inflation is corruption occasioned by too much money in circulation and import dependence. Unless the government makes policies regulating patronage of foreign raw materials and finished goods that are imported using foreign currency, we shall be in hot soup.
What’s your perspective on the view in some quarters that lawyers are the cause of the problem in the country?
It is not true that lawyers are the cause of the problems in this country. It is far from being true. Our laws and policies are not enacted or made by lawyers; they are not implemented by lawyers. The only area lawyers exclusively participate in is interpretations of laws and policies in their literal and ordinary meanings. They have no right to change them. So, it’s a case of blind followership under the principle of separation of powers. To say lawyers are the problem of this country is, to say the least, an ignorant statement.
Nigeria had undertaken a parliamentary system in the past. The country has now embraced the presidential system of government. Which of the two systems of government do you think is the best for Nigerians?
Whatever the challenges are, the presidential system is still better. Cost-ineffective though, it gives room for arming the government for better participation and better results. Checks and balances in power separation is the hallmark of a presidential system.
The current National Assembly is tinkering with yet another constitutional amendment, leaving many to wonder how long the taxpayers’ resources will be channelled into this exercise instead of a new constitution. How best should the country go about this?
I believe the way forward is putting aside what we currently have as the 1999 Constitution and having a new draft of the said constitution which will reflect the spirit and true yearnings and aspirations of the generality of the people who make up what is known to us as Nigeria. This is because the current 1999 Constitution from independence to date is not a true reflection of the will of the people of Nigeria. After all, its content carries military colouration. The Constitution was drafted by people whose drive was military rule and not the absolute entrenchment of democracy. Constitutional amendment should not therefore be the ultimate goal but the drafting of an entirely new constitution which shall take into consideration the current realities.
