Connect with us

Opinion

The Laxity In The Latitude Of Legal Advise

Published

on

 

 

By Bala Ibrahim.

Lawyers describe legal advice as the professional opinion regarding the substance or procedure of the law, in relation to a particular factual situation. It is therefore an advise given based on the analyses carried out on a set of facts, which would permit for a decision to be taken on a specific course of action, in compliance with the applicable law.

The person who gives such advise is called the legal adviser. The advised is called the advisee. Between the advised and the advisee, there is expected to be a high degree of trust, confidence and firm belief in the reliability of information.

The advisee gives the adviser the latitude out of the confidence that he or she would act in line with the truth, as sworn to in the oath of office. Anything done in the contrary, amounts to abuse of trust, which may arise, probably out of the need for exploitation, by selfishly taking advantage of the perceived laxity of the advisee.

NIGERIA AT 60: LET’S BLAME THE PRESIDENT

In Nigeria today, as the elected President of the country, President Muhammadu Buhari, who is the head of state and who exercises authority over the governance of the country, is largely dependent on the advise of selected and not elected advisers, amongst whom is a legal adviser.

Although he is not under any obligation to abide, or necessarily oblige the advise of any adviser, but when it comes to the advise of a legal adviser, it would be foolhardy for him to ignore, or become apathetic, because everything in governance rallies round the rule of law, which occupies a position of unlimited importance. This gives the Attorney generals or legal advisers a large level of latitude to leverage upon.

Since the return to democracy in 1999, Nigeria has had more than eight Attorneys general, including the present one, Mr. Abubakar Malami, SAN, of which the last three were seen to be the most powerful in terms of links, leeway, latitude and the leverage to give legal advise to the president. But the end became bad for them, because they were accused of the abuse of office, by misleading the Presidents through wrong, selfish or ill legal advises.

By virtue of the confidence and trust placed on them by the President, some of the Attorneys general or legal advisers are accused of acting at variance with propriety, by misleading the President to act in ways that are unfairly to their own selfish benefit. This makes some of them behave like mini Gods, in the course of which they create unnecessary enemies for themselves and the President, their principal.

Advert

The immediate past Attorney general, Mohammed Bello Adoke, is still facing charges in court, after surrendering himself from a self exile abroad. This goes to underscore the inevitability of nemesis, which is always there to support the law of Karma, that whatever happens to a person, happens because he or she caused it with through his or her actions.

In Nigeria’s situation today, unless Attorney general Abubakar Malami, SAN, works hard and fast, to disabuse the minds of the general public, through effective evaluation and control of the circulating cynicism, the country would continue to question his conscience, particularly as it affects the credibility of the legal advises he gives the President.

Malami may be doing justice to whatever assignment he is given, but as a lawyer, he knows better than me, that, justice is done only when it is seen to be done. Suspicion, accusations and misgivings would continue to trail Malami’s actions, whenever he gives advise to the President and the outcome of the President’s action tilts in favour of his considered interest.

PMB had acted on many occasions in manners that brought those actions to undue doubts and disrespect, by people that hitherto held the President in esteem. The general believe is that those actions were carried out on the legal advise of Malami, as the Attorney general of the Federation. Pursuant to such actions, the AGF lost respect for self, and by extension respect for the country.

For the first time in the history of the Nigeria Police, the office of the Inspector General of Police went to court with the Police Service Commission on matters of recruitment. That embarrassment was alleged to be on the advise of Malami, as Buhari’s legal adviser.

There are some silent actions that negatively rubbed off on the President, which were allegedly carried out on the legal advise of Malami, including the three months ridiculous extension given to IGP Adamu Mohammed. If extension of tenure is to be given, the reasonable mind would have thought it would be for a minimum of one year. For anything meaningful to be done during the extension, three months is simply unreasonable, absurd and perceived to be preposterous.

It is an open secret that Malami is eyeing the position of the Governor of Kebbi state, and in the pursuit of this endeavour, he can not claim to be unaware of what had happened to his predecessors, and the inevitability of collusion with the law of Karma.

There is a cliché that is indirectly accusing the President of laxity, and directly questioning the latitude given to Malami as the legal adviser, and currently circulating in the social media, accusing him of misleading the President in the appointment of the new substantive chairman of EFCC, young Abdulrasheed Bawa. Malami is accused of nepotism in picking Abdulrasheed, who is alleged to be his nephew.

The cliché is calling on the Senate to do the needful, and it reads:

ATTORNEY GENERAL MALAMI HAS MISLED THE PRESIDENT BY NOMINATING UNQUALIFIED EFCC CHAIRMAN

The 40 year old Abdulrasheed Bawa, a relation to the Attorney General and Minister for justice, Malami, is not qualified to be the Efcc Chairman:

– He was recruited into Efcc in 2004/5
– He spent ONLY 16 years in the Commission
– He is on grade level 13

According to Efcc Establishment Act, Section 2a (ii) the Chairman to be appointed should :

“be a serving or retired member of any security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent”

Such equivalence in the Efcc is Grade Level 15, and Bawa is on Gl 13 !!!

The Efcc Law is an Act of National Assembly hence Senate must not over rule itself by breaching a critical provision in the appointment of Efcc Chairman.

The Attorney General has violated the law and misled the President in sending an unqualified nomination to the Senate for confirmation in his bid to prepare ground to be the Governor of Kebbi State come 2023.

HELP SHARE UNTIL THE SENATORS ACT RESPONSIBLY.

Opinion

Kaduna State: A Phoenix Rising from the Ashes of Insecurity and Politics” By Zubair Abdurrauf Idris

Published

on

 

Despite the maelstrom of criticism and political backlash that has engulfed Kaduna state’s governance under Governor Uba Sani, the latest indices of easing business by the Nigerian Presidential Council PEBEC have catapulted the state to the pole position, nipping at the heels of Lagos state. This stunning revelation has sent shockwaves across the nation, with many wondering how Kaduna state managed to turn the corner and emerge as a beacon of hope in the region.

The “Ease of Doing Business” report has ranked Kaduna state a respectable second, with an impressive score of 65.1%, trailing only Lagos state, which boasts an enviable 85.6%. The other contenders, Oyo State, Federal Capital Territory (FCT), and Ogun State, have been relegated to third, fourth, and fifth positions, with scores of 62.7%, 61.0%, and 59.9%, respectively. This remarkable turnaround is a testament to the state’s resilience and determination to rise above the challenges that have held it back for so long.

This remarkable turnaround is a blessing in disguise, considering the dark days of insecurity that once shrouded Kaduna state like a pall. The state was previously ravaged by armed banditry and kidnappings, which had sent investors packing and crippled economic activity. However, thanks to the recent community-based peace deal, the frontline local government areas have been able to breathe a sigh of relief, and the state’s economic prospects are looking brighter than ever.

Advert

Kaduna state’s journey to this point has not been without its challenges. The state has been mired in political logjam and accusations, with the former administration casting a long shadow over the current government’s efforts. However, the “Ease of Doing Business” report is a vindication of Governor Uba Sani’s tireless efforts to woo foreign investors and create a conducive business environment. The governor’s recent trip to Kuwait, which resulted in a grant of $63 million for out-of-school children, teacher training, and rehabilitation of classrooms, is a case in point.

While some critics have dismissed the governor’s foreign trips as globe-trotting, the positive results are beginning to trickle in, and they are a testament to the governor’s unwavering commitment to improving the lives of Kaduna state residents. The improved security, coupled with the government’s focus on industrialization, economic development, and infrastructure, is expected to have a multiplier effect on the state’s economy, creating jobs, stimulating growth, and enhancing the overall quality of life for citizens.

As Kaduna state continues to navigate the complex web of challenges and opportunities, it is imperative that the government remains focused on consolidating the gains made so far. The state must continue to implore all its arsenal to maintain the fragile peace, ensure free movement, and create an enabling environment for businesses to thrive. If the current trajectory is anything to go by, Kaduna state is poised to become the next big thing in Nigeria’s economic landscape, a shining example of what can be achieved with vision, determination, and a commitment to progress.

 

(Zubair Abdurrauf Idris is a public affairs analyst, wrote from Birnin-Gwari)

Continue Reading

Opinion

Re:Replace Ribadu With Ex- military Officer As NSA,Senator Urges Tinubu

Published

on

 

Henry Bassey

As a concerned citizen of Nigeria and someone who desire a stable structure in tune with the modern dynamics which will invariably bring about security of lives and property, my attention was drawn to a statement credited to Senator representing Osun East, Distinguished Senator Francis Fadahunsi issued through his Special Adviser on Media, Sam Segun – Progress on Tuesday 2 December 2025 at Osogbo and published in Punch online and other social media platforms including Facebook, Instagram and X (formally Twitter) to mention a few.

In the statement, the lawmaker was urging President Tinubu “to further reorganize the nation’s security management team by appointing a retired military officer as the National Security Adviser. He also advised the President to “redeploy the current NSA Malam Nuhu Ribadu to another area of national service where his competence would be better utilised.”

The call by Senator Fadahunsi for President Bola Ahmed Tinubu to replace Mallam Nuhu Ribadu with a retired military officer as National Security Adviser reflects a narrow view of national security leadership, a dangerous direction of thought inconsistent with global best practices and Nigeria’s security needs, and a comment that should not go unanswered. Rather than distracting the nation with unnecessary politicization of security appointments, leaders should support efforts already succeeding to strengthen intelligence gathering, improve operational synergy, and pursue lasting peace across the country. What Nigeria needs is results, not recycled arguments rooted in outdated assumptions.

For a proper understanding, it should be noted that the broad dimensions of national security include physical, political, economic, social, food, energy and environmental aspects, which have expanded beyond traditional military concerns to encompass the gamut of modern threats. These dimensions are interconnected and involve protecting a nation’s citizens, infrastructure, and institutions from internal and external threats, such as cyberattacks, economic shocks, pandemics, and climate change, external aggression, etc. Military means is therefore one among many contributing factors to national security, not its essence. This understanding is fundamental to having the right national security strategy and architecture.

Advert

Senator Fadahunsi’s suggestion that the President should replace the NSA with a retired military officer exposes a shallow and outdated understanding of modern national security leadership. The policymakers and security specialists of the United States and other climes, whose style of democracy we practice, have always leveraged this for preserving their national security. Among the many who have held that office in the US in recent times is a civilian lawyer, Jake Sullivan, and his predecessor too was a political scientist-turned-lawyer. Regardless of the difference in context, the fact is that the role has successively been held across the globe by civilians with intellectual understanding of the complex realities that undermine national security. Even here on the African continent, in countries like Egypt, the appointment of non-military security insiders and analysts is a proven practice. Few Nigerians are aware that policemen had been in control of ONSA in the past, serving under both military regimes and civilian administrations. Both Gambo Jimeta, a former Inspector-General of Police, and Aliyu Isma’ila Gwarzo, a retired Assistant Inspector-General of Police (AIG) have served as NSA, and their performance was outstanding because of their recognition of the diverse range of challenges that undermined national security, and their understanding of the relationship between the civilian and military spheres.

What lies at the core of Nigeria’s complex and multifactorial security challenge? Nigerians are bedeviled by internal security collapses that require much more than tanks and other military hardware to combat, without diminishing the need for that. The nation desperately needs ideas and brains to identify the root causes of the conflicts and proffer solutions, hence the need for an NSA who possesses a combination of expertise in statecraft and public policy, mastery of engagement with civilian and military structures, dedication to the nation, as well as experience in internal security and law enforcement, to change the negative security narrative of the country – something that Mallam Ribadu has brought to the table.

Ribadu’s leadership is anchored in deep experience in intelligence, anti-corruption enforcement, inter-agency collaboration and counter-terrorism policy. The NSA is not a combatant position, the unique value they provide is the ability to analyze available information and intelligence to predict the state of security in the nation, hence the critical need for one with an understanding of the socio-cultural and political determinants of conflicts in a country like Nigeria undermined by internal security largely. Today’s security environment demands intelligence, intellectual capacity, integrity and strategic coordination of civilian and military structures, with unwavering patriotism, qualities which Mallam Nuhu Ribadu has demonstrated for decades. He is a square peg in a square hole as the NSA. The idea that only a soldier can manage national security is obsolete.

The notion that only government officials with military backgrounds could command the necessary respect within the armed forces is a dangerous idea to be promoted by anyone in a democracy, and is far from what modern military training delivers to the officers and men of the various services. The proper democratic structure which the military stands ready to uphold and defend, including proper regard for the command of any official appointed by the President and Commander-In-Chief, needs to be reinforced, not weakened as this suggestion by Senator Fadahunsi inadvertently achieves. The role of the NSA will remain suboptimized unless the nation moves away from excessive militarization of the office, particularly for a country where the military is overburdened with taking on responsibilities under the Nigeria Police Force and other internal security agencies.

National security is not all hinged upon and cannot be left to military power and coercion alone, it must enlist the other strengths of our nation to holistically address our challenges, and persuasively engage the world. As a nation we must strengthen the civilian security capabilities we have left to waste for so long. President Bola Ahmed is on track with the appointment of Mallam Nuhu Ribadu and the results that have been delivered so far, this needs only to be sustained for more results in the interest of all Nigerians, and not disrupted by a myopic few.

Henry Bassey,
Former Lagos State Chairman, Police Campaign Against Cultism and Other Vices.
Currently Head Community Engagement, Police Campaign Against Cultism and Other Vices, South West
Email: bassey.henry373@gmail.com

Continue Reading

Opinion

DSP Barau Jibril: A True Model of Progressive Politics

Published

on

 

By Dr Usman Sarki Madobi

In an era when public trust in political leadership often fluctuates, the example set by Deputy Senate President Barau Jibril stands out as a refreshing demonstration of what progressive politics entails. His approach to governance and representation reflects a blend of humility, inclusiveness, and unwavering dedication to the public good showcasing the qualities that have earned him admiration across party lines and among citizens who yearn for purposeful representation. Today, DSP Barau Jibril became a treasure in the political arena of Kano state and the country at large. His politics, representation and leadership style has made him a distinguished politian worth of supporting for every elective position both at state and national levels.

At the heart of Senator Barau Jibril’s political philosophy is selfless service. His actions consistently demonstrate a commitment to the welfare of his constituents and the nation above personal or political gain. This people-first mindset is a cornerstone of progressive leadership, where decisions are guided by the desire to improve lives, uplift communities, and strengthen democratic institutions. His reputation for placing public interest before personal ambition has made him a dependable figure in the political landscape of Kano and Nigeria as a whole.

Another hallmark of his leadership is his refusal to discriminate between party members and the opposition. In an environment where political divides sometimes hinder national development, Senator Barau Jibril proves that collaboration is possible and paramount. His inclusive style ensures that all voices, regardless of political alignment are respected and considered in the pursuit of common goals. This rare quality fosters unity, reduces partisanship, and encourages a healthier democratic process that facilitate human and Societal development.

Advert

DSP Barau Jibril also exemplifies a dignified brand of politics that rejects violence, intimidation, and thuggery. He further promotes peaceful engagement and issue-based politics that helps in strengthening Nigeria’s democratic culture. His stance sends a clear message stressing that political success should be achieved through ideas, integrity, and service to the people not coercion or unrest. This commitment to civility contributes to a safer and more respectful political environment.

As a member of the Senate, his dedication to purposeful representation is evident in the seriousness with which he approaches legislative responsibilities. His purposeful representation made him to understand the needs of his constituents and work relentlessly to address them through meaningful legislative action. He also champion the formulation of policies that support national growth, equity, and stability. DSP Barau Jibril’s commitment in this regard underscores his credibility and effectiveness as a true representative that can transform Kano within a limited time if given the chance.

Perhaps one of the most profound aspects of his political character is his consistent respect for his party leadership, fellow members, and for humanity as a whole. True progressiveness is grounded in humility and empathy, and Senator Barau Jibril embodies these values through his conduct. His respect for others fosters cooperation, reduces conflict, and reinforces moral leadership qualities essential for building strong political institutions.

In conclusion, DSP Barau Jibril stands today as a true model of progressive politics, not only because of the offices he holds but because of the values he upholds. His selfless service, inclusive leadership, insistence on peaceful politics, commitment to meaningful representation, and deep respect for people form a powerful blueprint for the kind of leadership Nigeria needs. In him, many see a compelling example of how politics can indeed be a noble instrument for societal transformation.

Dr. Usman Sarki Madobi

Continue Reading

Trending