The Attorney General of the federation and minister of justice, Lateef Fagbemi has canvassed for collaboration without compromise among the three tiers of government for the benefits of the system and generality of the people, saying that nowhere in the world is watertight separation of powers operational.
Further, he stressed the need for Nigerians to elect or appoint their leaders based on merit, explaining that “it is better to have bad laws administered by good men than to have good laws administered by bad men”.
The Minister spoke at the weekend while fielding questions from journalists under the aegis of National Association of Judicial Correspondents (NAJUC) during interactive session at the Federal Ministry of Justice, Abuja.
NAJUC has raised concerns about seeming aberrations in separation of powers among the three arms of government in the states as well as the near stifling of local governments’ operations by the state governors.
According to the Minister, “I’ve listened to some of the points you made. Let me say this, you mentioned something about separation of powers. I know that there is nowhere in the world where you have a watertight separation of powers. All you do is to maintain your jurisdiction to the benefit of the system, to the benefit of the citizenry, to the benefit of the generality of the people.
“Therefore, where you need to bend, you just have to without compromising. You don’t have to say that because you have taken a position, it must be you. You must bow when you get superior arguments like I said, it must always be in the interests and benefits of our people. So, that is one thing about separation of powers.”
Fagbemi stressed the need for the electorates and Nigerians to elect or appoint good leaders based on merit to administer the nation’s existing laws or event effect changes where necessary for the interest of the people.
On the issue of local governments in Nigeria which is almost in comatose, the Minister said: “Any system, including law, the efficiency, efficacy and usefulness or benefit of it, is determined by those who are called upon to operate it. If you make a law which has a thousand sections, it is not as good as having good men to drive it. So, it is better to have bad laws administered by good men than to have good laws administered by bad men.
“The starting point really is from those we elect. It is unfortunate that at times , we don’t consider merit. So, if you don’t consider merit, you have problem at the end of the day. But I want to assure you that efforts are on, it requires collaboration and consultations to effect certain changes. It is not by raising arms, I can assure you.“
He enjoined Nigerians to exercise patience and give President Bola Tinubu led administration more time, assuring that the benefits of the current hardship being experienced in the country would soon begin to manifest.
“I always say that it is better to have a leader, not in love with money but in love with justice; and a leader not in love with publicity but with humanity. These are some of the sterling qualities that President Bola Ahmed Tinubu has in more than sufficient qualities than most. He is a democrat, he has come to rescue, he has come to serve . If you observe since he came, there is hardly any month he would not travel. He is not going for medical as the main reason. Each time he jets out, it is either he wants to attract investments, he wants some people to give us money or he wants some people to give us grants.
“But one thing about us is that we want to take omelette without breaking egg. It is not possible. If you want to take omelette, you must be prepared to break egg. I will plead that you just give him a little more time, then you see the benefits of what he has been going to do outside. I know with time, we will reap the benefits”, Fagbemi assured.
He commended the press for helping to sustain democracy in Nigeria observing that “No government, even in dictatorship, can play or joke with the press. Any government that does so, could do so at its peril. You’re one of the cardinal pillars in democracy.”
Earlier in a presentation, the National Association of Judicial Correspondents raised concerns about the operation of separation of powers among the three tiers of government in the country.
Citing local government administration, the Association observed that the state governors have “killed and buried” local government in the country with the scrapping of functions previously performed by the Chairmen.
The Association observed that: “The Local governments that used to balance the anger between the rural areas and the urban areas, they are no longer there. Rules are no longer managed at the rural areas, the boys have moved in mass from the rural areas to the urban centers. And what are we having now? It is insecurity because the jobs are not here where they can be engaged on one or two things. There is no more live at the local government anymore in this country.
“Another one is the state houses of assembly. In any democracy, where there is no checks and balances, that democracy is doomed. At the states level we cannot say that there are checks and balances any longer. The governors will threaten that if you do like this, I will not give you second term. What do we see? Development is no longer there. The same thing goes at the state judiciary. The governor will just tell the judge if you don’t do like this, I know what to do. Just last month the Osun state government wake from a very wrong side and suspended the state Chief judge.
“What we have seen here is that the state houses of assembly, the state judiciary and the local governments need that autonomy now for Nigeria to make meaningful development. In any democracy where there is no checks and balances, that democracy is doomed, it will not flourish. What they call elections at the local government level is fallacy, there is no election at the Local government level. As a matter of fact, some have not even conducted election since 1999 Nigeria returned to democratic governance.
The high point of the interaction was a presentation of a plaque to the Attorney General and Minister of Justice by the association.
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