FCT delays as govs okay state police, take final decision in January

Police

● Mismanage funds, face jail, impeachment, AGF warns council bosses, govs
● Ozekhome cautions judiciary against undue political influence
● Judiciary, press independence critical to free society, says Kekere-Ekun

The push for true federalism received a boost yesterday as most of the 36 state governors endorsed the creation of state police, while the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, warned Nigeria’s 774 local council chairmen against mismanaging public funds, cautioning that such actions would attract severe legal consequences.

Briefing journalists after a meeting of the National Economic Council (NEC), chaired by Vice President Kashim Shettima, Kaduna State Governor Uba Sani disclosed that all 36 states have submitted their recommendations, with most governors in favour of establishing state police.

However, the Federal Capital Territory Administration (FCTA), led by Minister Nyesom Wike, failed to submit its recommendations, marking a slight setback in the deliberations.

Speaking at the Presidential Villa, Abuja, Sani assured that a final decision on the matter is expected at the next NEC meeting scheduled for January 2025.

“Today, one of the discussions we had at the NEC meeting was the update on the creation of state police. As you are aware, there was a submission by states toward the establishment of state police,” Sani said.

He continued: “About 36 states have already made their submissions. From what is available, virtually most of the states are in agreement with the establishment of state police in Nigeria. However, the council decided to step down the discussion until the next meeting to allow for a comprehensive report from the secretariat.”

Sani noted that further stakeholder engagements would precede the final decision, adding that state police is widely seen as a solution to the unique security challenges faced by different states.

“Virtually every state has its peculiar security challenges. Given the large ungoverned spaces and deficits in security personnel across the country, most of us agreed that establishing state police is the way forward in addressing insecurity in Nigeria,” he added.

The discussion builds on a previous NEC meeting in November when Kwara, Kebbi, and Adamawa states had yet to submit their positions on state police.

The Kaduna governor highlighted that the lack of sufficient personnel in existing security agencies, including the police and military, underscores the urgency of creating state police to bridge the gap and enhance security.

The council’s deliberations signal a significant step towards implementing the policy, with expectations that January’s meeting will yield concrete resolutions.

For about an hour on Wednesday night, governors from the 36 states of the federation met under the Nigeria Governors Forum (NGF) but left without issuing a communique or engaging with journalists.

The meeting, held at the NGF headquarters in Abuja, began around 10:00 p.m. and ended at 11:00 p.m. without any disclosed agenda, despite persistent efforts by journalists to ascertain the purpose of the gathering.

Sources within the NGF revealed that the governors failed to reach an official agreement on the contentious tax reform bills presented by President Bola Tinubu to the National Assembly. This deadlock was reportedly the reason no communique was issued after the meeting.

In a departure from tradition, the governors also refrained from addressing the media. Typically, one of them would be assigned to brief journalists on the outcomes of such meetings.

ALSO, Attorney General of the Federation Lateef Fagbemi cautioned the 774 local council chairmen across Nigeria to avoid mismanaging public funds, warning of severe legal consequences for offenders.

Fagbemi, the guest speaker at the 2024 conference of the National Association of Judiciary Correspondents (NAJUC) in Abuja, stressed the importance of accountability and good governance, stating that tampering with local government funds could result in imprisonment .

The AGF further warned that governors who interfere with funds belonging to their state local government areas could be guilty of gross misconduct, an impeachable offence under the law.

Highlighting the vital role of local councils in fostering grassroots development, Fagbemi urged council chairmen to prioritise their constitutional duties. “Primary education must be accessible to every child. Pregnant women and infants must receive quality healthcare, and the vulnerable in our society must benefit from sustainable welfare programmes,” he said.

He noted that the autonomy granted to local councils by the Supreme Court was designed to empower them to effectively deliver on their responsibilities but expressed concern about the potential misuse of this freedom for personal gain.

“If they choose to tamper with public funds and fail to deliver on their constitutional mandates, they risk going to jail. The trust placed in them must not be betrayed,” he warned.

Fagbemi also criticised actions by some state governments aimed at undermining local council autonomy, referencing Supreme Court rulings that mandate financial and administrative independence for local governments. He condemned attempts to bypass these rulings through questionable legislation.

“Any debt incurred by local councils must align with their constitutional functions. Projects like building airports, which are outside their scope, will not be tolerated,” he stated.

Commending President Bola Ahmed Tinubu’s administration for its commitment to strengthening governance structures, the AGF called on local council officials to embrace transparency and warned that the era of impunity was over.

He also appealed to the media to ensure accurate and responsible reporting on governance and judicial matters.

“Good governance is a collaborative effort, and every tier of government must be held accountable,” he added.

In a keynote address, legal luminary Prof Mike Ozekhome (SAN) underscored the profession’s importance in maintaining societal stability. He urged the judiciary to ensure that its judgments reflect justice and not merely technicalities or rigid interpretations of the law.

Speaking on the Role of the Court in Enforcement of Judgments, Ozekhome advised judges to allow lawyers to argue their cases freely rather than forcing them to adopt processes without engaging in dialogue.

He also cautioned judges against overt interactions with politically exposed individuals and stressed the need for judicial officers to steadfastly avoid corruption.

Ozekhome encouraged judges to address unfounded allegations against them in appropriate ways, even suggesting the formation of an association to collectively defend their integrity and uphold public trust.

For her part, Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, highlighted the critical roles played by the media and the judiciary in societal development, describing their independence as key pillars of democracy.

Speaking through Abdullaziz Olumo, the Secretary of the National Judicial Institute (NJI), Justice Kekere-Ekun called on journalists to adhere to ethical standards, emphasising the importance of truthful, fair, and objective reporting.

She described the media as a vital partner to the judiciary in advancing democracy, noting that while the judiciary safeguards justice, equity, and the rule of law, the media serves as society’s conscience, shaping public opinion and promoting accountability.

Quoting former U.S. Supreme Court Justice Felix Frankfurter, she stated: “A free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”

The CJN expressed concerns about sensationalism in news reporting, which she said distorts facts and erodes public trust in the judiciary. She cited the 2016 headline, “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” as an example of how skewed narratives can harm the judiciary’s reputation.

Justice Kekere-Ekun also warned against “trial by media,” where premature conclusions in news reports prejudge cases and infringe on constitutional rights. She referenced the landmark U.S. case of Sheppard v. Maxwell (1954), where excessive media interference resulted in the overturning of a conviction due to the denial of a fair trial.

To address these challenges, she called for structured collaboration between the judiciary and the media, proposing the creation of a comprehensive media guide tailored to Nigeria’s judicial system. She pointed to global examples, such as the Supreme Court of Dakota’s media guide and the United Kingdom’s Media Guidance document, as models for fostering responsible and informed court reporting.

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