Laws amended by Sokoto state govt were done in good faith – Binji

Nasiru Mohammed Binji is the Sokoto State Attorney General and Commissioner for Justice. He was appointed in 2023 by Governor Ahmad Aliyu Sokoto. Before joining the Sokoto State government as State Counsel in 2005, he was Deputy Head of Chambers at Nagarta Law Chambers Sokoto. He has worked as a Legal Officer with the Sokoto State Independent Electoral Commission as well as Secretary/Legal Adviser to the Sokoto State Board of Internal Revenue. In this interview with ADAMU ABUH, Binji spoke about the challenges and the achievements of his ministry.

You certainly have been an activist, Attorney General, and you have most often eloquently expressed your position on constitutional issues in words and actions. What is your opinion about the place of law in good governance?
About the role of law in good governance, I don’t think there can be good governance if there is no law, because law is the foundation of any civilised society. No society, no law. So, law is the foundation. So, if we are talking about good governance, we must have the necessary law to guide us. So, they both go hand in hand. And I must also stress that adherence to the rule of law is important for good governance. The importance of the rule of law is to keep government in check, within their legal boundaries. Good governance is essentially about what is in the best interest of the people.

So you are of the firm position that law is critical for good governance?
  Of course, because laws are the foundation of civilised existence.

Do you agree with those who say that weak enforcement, not laws, is Nigeria’s challenge?
  There is absolutely no doubt that Nigeria has very good laws and her laws can compete favourably with laws in other countries or other jurisdictions, particularly in the Commonwealth. The problem is the lack of enforcement. It’s a significant problem due to several factors – impunity, delay in court proceedings and all these contribute to the challenges of law enforcement.

If enforcement is the issue, what is the way forward?
  Allow me to shock you; Nigerians are not that lawless.

Do you mean this from the bottom of your heart?
  Yes, we are not lawless; there might be instances of lawlessness, like the banditry in the North West, the insurgency in the North East and other forms of crisis in the South South and elsewhere in Nigeria. But these instances are not overwhelming, because Nigerians are governed by laws. We are not lawless, as some people would think. To the contrary, we are very law-abiding citizens.

Can you confirm this with statistics?
  I can’t give you the statistics for the whole country, but based on statistics from my own jurisdiction, Sokoto State, a state of over seven million people, I can confidently insist that we are not lawless people.

Are you saying that the population of Sokoto State is seven million people by the census?
  As you know, Nigeria unfortunately hasn’t been able to conduct a national census since 2006, so we have no choice but to resort to estimation. Back to the question, in Sokoto State, maybe we have about 400 criminal cases in our high courts and other courts.  So, for a state of about seven million people with just about 400 cases, you will certainly agree with me that we are not lawless.

But compared to Lagos?
  I don’t know. I definitely won’t comment about Lagos State, because I don’t know the number of cases they have. But remember that Lagos State has a population of about 30 million, so going by their population they are likely to have more cases in their High Courts. Again, I insist that Nigeria is not a lawless society and that people have high regards for laws.

By your assertion it seems that judges in Sokoto state are not being overworked?
  I want to agree with you that they are not overworked, not just because our people are law abiding, but because we have 24 judges in Sokoto State High Court. The number has helped to ensure that the judges are not overwhelmed with cases.

How many divisions?
  There are five divisions. We also have about 40 magistrates and many Judges of the Sharia Courts; so our judiciary is vibrant.

Will it be right to say that law is constantly evolving, which explains the need for reforms and amendments?
  The main responsibility of the National Assembly and various State Houses of Assembly is to make laws for good governance in Nigeria and this function includes amendment, repeal and enactment of laws. There are also Law Reform Commissions at both the federal and state levels, which have the responsibility to review and reform archaic laws. So laws are constantly changing because society is changing too.
 
For instance, when you look at the developments in social media, in cases where there were no laws we have a responsibility to enact laws to guide its use and where the laws are outdated we have a duty to amend them to bring them into conformity with the realities of the day. There are several other examples that I can cite why amendments are necessary.

What reforms are you working on in Sokoto State in terms of your laws?
  If you recollect I began by saying that society is constantly evolving, and that there’s the need for laws to be amended, repealed, and reviewed, to bring them into conformity with the realities of the day. So, we are dispassionately looking at our laws to see the ones that we need to subject to an amendment. And you know that an amendment can be just the change of a word. If we want to change the name of Sokoto North Local Government Area for instance, that would be a constitutional amendment and that must be approved by the National Assembly and at least 24 States Houses of Assembly. Amendments are not something you engage in for fun.

But something that’s constantly ongoing?
  It’s constantly ongoing. Last year, we got the Sokoto State House of Assembly to amend some laws and even now we are working on more laws that we think need to be amended. You must acknowledge my governor as a firm believer in the rule of law and in constitutionalism.

Would they be as controversial as some of the last amendments, which we would definitely talk about?
  We only carried out our legitimate duties by proposing amendments to some laws and the State House of Assembly agreed with us and duly effected the amendments after engagement with critical stakeholders. It is only some mischievous people that tried to tag them as controversial. There was nothing controversial about the laws, rather they were to advance good governance.

Let’s talk about the laws that attracted attention to Sokoto State. Last year Governor Ahmad Aliyu Sokoto pushed through the House of Assembly some consequential amendments to some laws – the amendment to the Sokoto State Discrimination against Persons with Disability Commission Law of 2021, the Sokoto State Local Government Law 2009, which unfortunately generated controversy. Others were the Tenancy Control Safety of Persons Law, Zakat and Endowment
Commission Law, etc. Were the amendments absolutely necessary?
 
Let me begin by talking about the three laws – the Discrimination against Persons with Disability Commission’s Law, the Zakat and Endowment Commission’s Law, the Tenancy Control and Safety of Persons Commission Law. These three laws were styled by the immediate past administration of Aminu Tambuwal as commissions, whereas by their functions they can only function as agencies of government. By designating them as commissions, the law created a problem for them because commissions are typically independent and autonomous, not under the supervision of any ministry. So, we thought that for efficiency and accountability, we should appropriately designate them as agencies of government under the supervision of certain ministries.
 
Going by the provision of Section 197 of the 1999 Constitution as amended, there are only three statutory commissions for each state of the federation. And had it been the intention of the makers of the constitution, if they had wanted all agencies of state to be commissions, they would have expressly stated so without any ambiguity. Under the 1999 Constitution as amended, Section 197 provides for only the following statutory commissions – the State Independent Electoral Commission, the State Civil Service Commission and the Judicial Service Commission, which are styled as commissions. They are independent by the nature of their work. You must agree with me that the State Independent Electoral Commission must be independent of the supervision of any ministry for it to function effectively, for the opposition party to have faith in its impartiality.

The talk both in Sokoto State and in some sections of the media was that the amendment of the Local Government Law 2009 was a deliberate mischief that was targeted at certain quarters…
 
(Cuts in) Absolutely no mischief was intended. Governor Ahmad Aliyu Sokoto – may Allah bless him – is a good man and as his Attorney General I can tell whoever cares to listen that his actions are always determined by public good. He is the last person whose official conduct would be informed by mischief. For the record, there was no mischief intended, and the amendment was proposed in good faith. There were about four or five amendments made to the law. The first was in respect of Section 13 of the law that changed the tenure of elected chairmen and councillors.
 
The first amendment was to change the tenure of the Chairmen and Councillors from two to three years. You may wish to recall that the governor ran the 2023 governorship election on local government autonomy. It’s one of his Nine-Point Smart Agenda. And as someone with good knowledge about the local government system, he has always believed that the councils can deliver the goods if given the necessary support. And the question is what can an elected chairman achieve in two years? So, the governor in his wisdom deemed it fit to increase their tenure to enable them initiate and execute projects. Again, the governor thought that it would be the best thing to align the Sokoto State law with what obtains in the FCT where they have a tenure of four years. It would interest you to know that before now the tenure was three years; it was changed to two years in 2016 by the immediate past administration. The governor is a fair minded person. His argument, which can’t be faulted, is if truly the local government is a third tier of government why won’t its elected officials enjoy a reasonable tenure?

The president, governors and members of the state Houses of Assembly and the National Assembly all have a four-year tenure. So why subject the councils to a two-year tenure? So, he thought the best thing to do was to revert to the accepted three years.

So it is now three years?
  Yes, for chairmen and councillors. The amendment was in respect of Section 13. The amendment to Section 14 was in respect of the amount of money for a purchase of nomination form for the chairmanship position, and councillors. Before the amendment, the nomination form for chairman was N50,000 and N25,000 for councillors, amounts that were definitely outdated because it  was made in 2002. So, the governor thought this amount was not realistic considering the cost of conducting the election. So, again the governor thought it would be better to give the State Independent Electoral Commission the power to determine the amount to be paid for nomination forms. So, this would guide against any government in future having to push for the amendment of this particular section.
 
The next amendment was in respect of Section 76 of the Local Government Law as it relates to the functions of the Sultanate Council in the appointment of district and village heads. For lack of a better word, I would call the problem of this section a drafting error, because in the previous provision, the Sultanate Council was given the power to appoint village and district heads. But under the Nigerian constitution, executive powers under Section 5(2) of the constitution are vested in the governor. It is only the governor that can appoint, while the Sultanate Council recommends. The government took a good look at it because the law was unconstitutional. The government looked at it critically and concluded that appointment is an executive function.

We are talking about the power of appointment?
  Yes, executive powers belong to the governor exclusively. The power to appoint is an executive power. Executive powers of the state are solely vested in the governor by the provisions of the constitution, which he exercises by himself or through the deputy governor or members of the State Executive Council. The constitution did not specify any other person that he can exercise the power through.
 
As I said earlier, it was a drafting error and the error was a consequential one. The interesting thing is that even though that error was contained in the provision, it was never practiced. The practice, which is common knowledge, is that the Sultanate Council recommends to the governor people that are deemed qualified and eligible for appointment as village and district heads. That has been the practice; so we thought it was better to amend this provision, to regularise it and to correct the error I talked about earlier. This was simply what we did but somehow it was misunderstood by those who wanted to cause chaos and who thought they had found an issue to use for their political purposes.

Now, if you have any reason to amend any other law you would definitely be extra careful. Considering your experience, would you still want to amend any other law?
  Of course! If there are sufficient grounds we won’t be deterred by the mischief makers from doing what is best for the state. Governor Ahmad Aliyu Sokoto will never succumb to mobs and I think this statement was made and has been understood. Amendment to laws, as I said earlier, is a constant fact of life. So, the law can still be subjected to further amendments, because after the amendments by the Sokoto State House of Assembly, the Supreme Court made its decision in respect of local government administration. Again, the judgment showed my governor as someone ahead of his time. His firm belief in the local government system shows that his local government autonomy agenda was well thought out.

Are you saying that the governor is far ahead of his time with local government autonomy as one of his Nine-Point Smart Agenda?
  Governor Ahmad Aliyu Sokoto is a visionary leader. In 2022 when the governor emerged as the flag bearer of the All Progressives Congress (APC) and issued his manifesto, it didn’t resonate with many people who didn’t understand that local government administration is an issue. So, the Sokoto State government was not caught off guard by the Supreme Court judgment, because we were already practicing it. We were ready for it, and already implementing it. So, for us, it was only a matter of dotting the “I”s and crossing the “T”s.

How has it been as the Attorney-General and Commissioner for Justice? Has there been a transition as a lawyer working in a political environment and did the politics of the amendments show you the other side of your office?
  The attorney general is a lawyer. The office is manned and managed by a lawyer. I worked in this ministry for 20 years before I became the attorney general. I still go to court; I still have so many cases that I am prosecuting at the courts. Nothing has changed because I am still professional in all that I do. Yes, I am operating in a political environment, but I can’t afford to become partisan.

Any political pressure?
  From what quarter? If you are referring to the governor the answer is an emphatic no. There is no interference whatsoever from him in respect of my assignment. And I think this has to do with the fact that he is also a professional and again because he wants to succeed. So, at every point, he wants the best advice from me as his lawyer.

In an address you delivered during the 2024 Law Week of the NBA Sokoto branch, you declared the commitment of the administration to the independence of the judiciary. Would you say that the governor kept fate with his vow?
  Yes, of course. I’ll always say that Governor Ahmed Aliyu Sokoto is a very good friend of the legal profession; though not a lawyer, he has done more for the profession than some lawyers who became governors. And this is a statement of fact.

Are you calling out Aminu Tambuwal?
  Before going into that, there was never a time in Sokoto State, since it was created from the North- Western State, when seven judges of the High Court and seven Kadis of the Sharia Court of Appeal were appointed and sworn in a single exercise. But that happened last month under Governor Ahmad Aliyu Sokoto. And he has also done the needful in terms of their welfare.

In other words, he is funding the judiciary well?
  The governor has shown that he fully understands the principles of separation of powers, and that the three arms need to function effectively, that they need to cooperate. The governor has fundamentally addressed these problems that he met as governor. For instance, the immediate past administration appointed some judges in 2022 and made no provisions for their official vehicles. Governor Ahmad Aliyu Sokoto has since purchased vehicles for them and for all the new judges that he appointed. They didn’t have to come and beg for tools to carry out their duties. He has demonstrated respect for the House of Assembly and the Judiciary; the other critical arms of government. And this is why he is a toast of the lawyers. For about 50 years since the High Court Complex was constructed, this is the first time a new and additional High Court Complex is being constructed. Just as the Sharia Court of Appeal complex is undergoing remodeling.

The Justice Mua’azu Abdulkadir Pindiga Commission of inquiry was set up to investigate and seek clarification into certain gray areas of the immediate past administration of Aminu Tambuwal. What did the governor set out to achieve with that commission?
  I think the constitution of the Commission of Inquiry was the best thing that happened to Sokoto State and one of the best decisions of the Governor Ahmad Aliyu administration. You know we opposed the Aminu Tambuwal regime, eventually Allah gave us victory. Before and after the inauguration of this administration there were allegations of wrongdoing by officials of the Aminu Tambuwal administration. The agitation was such that the government had no choice but to institute an inquiry, which was in the best interest of the former administration. And you may wish to recall that there was no proper handing over to the incumbent governor. So, what the governor has done through the commission is to ask questions, as opposed to an investigation which is usually by the police or other law enforcement agencies.

Fourteen months after, what has happened?
  Memoranda were requested from interested persons who felt that there were certain things that were done in the past that the government needed to beam its search light on. They were submitted and adopted; witnesses were summoned and they testified in respect of every memorandum that was before the commission. 
 
So, are you waiting for the report?
  That’s what we are waiting for. The commission has concluded its public hearing. They will now write their report.
Former governor Tambuwal was scheduled to testify on the memos that were presented to the commission by individuals and groups. Though he didn’t appear before the commission he was represented by his counsel throughout the procedures. Will Tambuwal’s refusal to appear affect the objective of setting up the commission?

Lastly, let’s talk about your achievements based on the core mandate of your ministry, even if they are abstract?
  The first responsibility that we are saddled with is that of giving the government legal advice. We are the chief legal consultant to the government. Everything the government does must be vetted by the Ministry of Justice. I mean contracts, agreements, MoUs, and what have you. We also receive reports of investigation from law enforcement agencies, particularly the police, civil defence, DSS, and we do avail them with our legal opinion. It’s our responsibility to determine whether there is sufficient evidence to warrant further actions and to go to court. We have so many cases at the High Court, the Magistrate Courts, Shariah Courts of Appeal, the Court of Appeal and the Supreme Court.

Do you have cases of breach of contracts from the last administration?
  I cannot say that such cases haven’t come up. There will always be such disputes. And Governor Ahmad Aliyu Sokoto, as a reasonable person, understands this fact and acts in the best interest of the government and the contractors. What we do when such cases are referred to us is to take a good look at the contracts and advise the government appropriately.