‘Remove immunity clause to prosecute governors who interfere with judiciary’  

A foremost lawyer and Senior Advocate of Nigeria (SAN) Mohammed Ndarani, in this exclusive interview with AMEH OCHOJILA, described the recent Supreme Court judgment on local government autonomy as a catalyst for rural areas’ revolution. Among other issues, he called for a constitutional overhaul amid rising corruption allegations, stating that the time for reform is now. 

It will afford the local government financial autonomy for councils. The verdict grants financial autonomy to local government councils, allowing them to deploy resources for the benefit of rural dwellers and stakeholders without interference or deduction from any quarter.
  
Local government councils are now at liberty to generate revenues, allocate resources and manage their finances without state governments’ interference. 
It will promote grassroots development and decentralisation of governance as the verdict will take charge of and prioritise projects and programmes that will benefit the local government based on the people’s needs and traditions.

What are your recommendations for judicial independence amid corruption allegations?
To enhance judicial independence and address corruption within the judiciary, I recommend constitutional amendments that guarantee financial autonomy, security of tenure, and administrative independence for judges. The appointment process should be free from political interference, with an Independent Judicial Advisory Committee responsible for selecting judges through a rigorous and transparent process. This committee would conduct background checks, solicit public feedback, and recommend only qualified candidates for appointment. Additionally, heavy penalties should be imposed on any attempts to interfere with judicial functions. Amendments to the immunity clause in the 1999 Constitution should allow for the prosecution of governors who interfere with the judiciary. Also, the judiciary should be supported in making bold decisions to safeguard the rule of law, and whistleblower protections should be strengthened to encourage reporting of judicial misconduct.

What legal reforms do you suggest to address human rights abuses by security agencies?
To tackle human rights abuses by security agencies, I recommend the establishment of independent oversight bodies. I also suggest reforms to address systemic issues and mandatory use of body cameras by security personnel. Training and capacity-building programmes should be implemented to ensure that security officers respect human rights and the rule of law. Whistleblower protections must be enhanced to prevent retaliation against those who report abuses. Additionally, international bodies should be involved in monitoring the human rights records of security agencies, and civilian oversight mechanisms should be introduced to ensure compliance with human rights standards.

Gender-based violence is also a serious issue in Nigeria. What legal framework do you think will address this?
Nigeria’s current legal framework for addressing gender-based violence (GBV) includes several laws and policies, such as the Violence Against Persons (Prohibition) Act (2015), the National Gender Policy (2006), and the Sexual Offences Bill (2019). Despite these measures, challenges such as limited enforcement, cultural barriers, inadequate support services, and stigmatisation persist. To improve the situation, I recommend strengthening legal frameworks, enhancing enforcement, and increasing awareness and education about GBV. There should also be a focus on rural areas, where cultural beliefs and practices often exacerbate gender-based violations.

Relatedly, how can we strengthen the anti-corruption laws and enforcement?
Nigeria’s anti-corruption laws are relatively effective, with agencies like the Independent Corrupt Practices Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) playing crucial roles. However, challenges remain, including limited enforcement, corruption within the agencies, lack of transparency, inadequate funding, and judicial interference. To strengthen anti-corruption efforts, I recommend ensuring the independence and autonomy of anti-corruption agencies, providing adequate funding, enhancing transparency, and improving judicial accountability. Anti-corruption laws should be broadened to cover new forms of corruption, and penalties for corruption offences should be increased. Asset recovery processes should be improved, and public financial management systems should be strengthened. Additionally, public engagement and education on anti-corruption should be promoted, and cultural norms that tolerate corruption must be challenged.

What are the defects in Nigeria’s Cybercrime legislation on digital privacy and freedom of expression?
Nigeria’s cybercrime laws have raised concerns about digital privacy and freedom of expression. The laws contain overly broad definitions, lack privacy safeguards, and impose restrictions on online speech that may stifle legitimate expression. Additionally, extraterritorial jurisdiction, disproportionate penalties, and insufficient protection for whistleblowers and journalists are problematic. To address these issues, the legislation should be revised to include clearer definitions, stronger privacy protections, and more proportionate penalties. There should also be greater transparency and accountability in the enforcement of these laws.

What are the challenges to the constitutional right to protest in Nigeria?
The constitutional right to protest in Nigeria is enshrined in the 1999 Constitution and the Police Act, which guarantee the right to peaceful assembly and require police to protect protesters.   However, several factors heighten challenges to this right, including political sensitivity, lack of clear regulations, and security concerns. When protests are perceived as a threat to government stability, they are often suppressed by security agencies. To address these challenges, it is essential to ensure clear guidelines for protests, prioritise dialogue between citizens and the government, and protect the constitutional rights of individuals to express their grievances peacefully.
   
Several factors are increasingly challenging the constitutional right of Nigerian citizens to engage in peaceful protests, especially as enforced by security agencies. Before addressing these challenges, it is essential to outline the legal provisions that support the right to peaceful protest in Nigeria.

Despite these provisions, several factors are heightening the challenges to the right to protest. One significant issue is the political sensitivity surrounding protests, especially when they target government policies or actions. In such cases, the government may perceive protests as a threat to its power or continuity, leading to suppression by security forces.
  
Another challenge is the lack of clear regulations governing protests. This ambiguity allows authorities to interpret the law in ways that may restrict or suppress protests. Additionally, the government often cites security concerns, such as the potential for political upheaval, violence, or instability, to justify the restriction of protests.
  
In conclusion, while the legal framework in Nigeria does provide for the right to peaceful protest, these rights are increasingly constrained by political, regulatory, and security-related factors. Both the government and citizens must prioritise dialogue to address issues before they escalate into protests.