NBA poll: I’m the candidate to beat – Gadzama
Chief Joe Kyari Gadzama is a Senior Advocate of Nigeria,
SAN contesting the Presidency of the Nigerian Bar Association, NBA
during the Bar election slated for 23rd and 24th of July. In this
interview with Correspondent EFE AGHALOKPE, he speaks on his ambition,
judiciary, corruption and the recent hike in the pump price of fuel
among other topical issues. Excerpts:
Can you tell us who Joe Kyari Gadzama (SAN) is?
I am a private legal practitioner and the Principal Partner and Founder of J-K Gadzama LLP with offices in Abuja, Lagos and Maiduguri, as well as affiliate offices in London, United Kingdom and South Florida, United States of America, USA. I hail from Lassa in Askira/Uba Local Government Area of Borno State but I was born in Mubi, Adamawa State on the 28th day of November, 1961. I graduated from the University of Maiduguri where I obtained the LL.B Degree in Law. I was called to the Nigerian Bar in 1986 and I have been an active member of the Nigerian Bar Association since then. By God’s grace, I was appointed a Notary Public in 1996, conferred with the prestigious rank of Senior Advocate of Nigeria (SAN) in 1998, appointed Honourary Bencher in 2007, admitted to the Lincoln’s Inn (UK) in 2008 and became a Life Bencher in 2015. I am a Fellow of the Chartered Institute of Arbitrators (UK) and a CEDR accredited Mediator. I am a Member of the General Council of the Bar (Nigeria), the NBA General Practice Committee, National Executive Committee of the NBA and Member of the Council of Legal Education (2002 to 2003). I have also successfully served the Nigerian Bar Association in various capacities, notable among which are Chairman of the Nigerian Bar Association (NBA), Abuja branch; Chairman of the 2005 NBA Annual General Conference Planning Committee, Jos; Chairman of the Organising Committee of the 2006 Maiden Conference of the NBA Section on Legal Practice (SLP); Vice Chairman of the NBA Section on Legal Practice (SLP) and Pioneer Chairman of the NBA Section on Public Interest and Development Law (SPIDEL) from 2006 to 2010.
How many years have you been into practice as a lawyer?
By the grace of God, I have been in private legal practice for 30 years now, having been called to the Nigerian Bar in 1986.
Recently, you were recommended by a senior member of the Bar for your outstanding performance in the forthcoming NBA election. What is the reason for the endorsement?
The endorsement was by Chief Adegboyega Solomon Awomolo, SAN who is a great man of many parts. He has a good reputation, a strong past and he is well respected. He is our leader and mentor and above all, a devout Christian. While some say he truly answers his name; Solomon as he has Solomonic wisdom, I call him “The Shonekan of NBA” because he chaired and led the entire NBA, alongside other Bar leaders when the Association became comatose and was in crisis for six years between 1992 and 1998. With all sense of humility and seriousness, I believe his endorsement reflects the opinion of majority of members of the Nigerian Bar Association (NBA). This is as a result of verifiable facts and objective assessment of my suitability for the office of the President of the NBA by her members, considering my competence and contributions to the development of law in Nigeria.
Recently, the fight against corruption was taken to the judiciary. Is it proper for this present administration to do such against the third arm of government?
I think there is a lot of misconception out there in the public about the fight against corruption. It has become an endemic problem which must be fought to a logical conclusion in the interest of the country at large and generations yet unborn. It must be noted that there is equality before the law and nobody is above the law. Just like in every sector, I admit that there are few bad eggs in the judiciary but I do not subscribe to the tagging of the entire judiciary as corrupt due to these few bad eggs. Corruption is a major problem of this country and the government must be supported in this fight and every citizen must play his role. The key point here is that the government must not intimidate the judiciary using the law enforcement agencies and the issue of corruption must be tackled in strict compliance with the rule of law.
One of the functions of the judiciary is administering justice to those who deserve it, but today the reverse is the case. They are used by the present administration to achieve certain objectives that violate human rights, what is your take in this? An instance is the court order that prevented the strike.
Just like I said before, there is a whole lot of misinformation and misconception about these sorts of issues in the public. The judiciary is the last hope of the common man in this country, just like in every other country. The role of the judiciary cannot be overemphasized and this explains why the independence of the judiciary must be guaranteed at all times. I admit that there might be a few bad eggs in the judiciary but I think the judiciary has also not fared too badly. The judiciary deserves commendation but there is still room for improvement. Some of these alleged human rights violations that you may be referring to have also been attributed to law enforcement agencies and as such, not necessarily from the judiciary. Human rights and the rule of law must at all times be respected and that should be sacrosanct. On the issue of the Court order granted by the National Industrial Court which you mentioned, although I do not have a copy of the application and the order itself, there may not be anything legally wrong with the order which restrained the Nigeria Labour Congress, NLC from embarking on the strike. I say so because the Court in its wisdom relying on the facts and law presented before it found merit in the application and granted the said order. What we must all frown at, is the attitude of selective obedience of Court orders only when it is favourable.
If the judiciary at this stage is weak in administering justice, then what is the hope of the common man?
I do not agree with you that the judiciary is weak in administering justice. The judiciary has improved over time but there is still room for improvement. There are actually factors responsible for the slow dispensation of justice and disposal of cases which has resulted in the perception that the judiciary is weak. The delay in disposal of cases in our courts is caused by a number of factors. Firstly, the system of recording proceedings in long hand by our Judges is time consuming and is actually archaic. Also, some of our Judges appear to be over-laboured as they have large number of cases pending in their courts. Another factor is the use of technicalities and some legal procedures like interlocutory applications, preliminary objections, unnecessary adjournments etc by our lawyers. These and other reasons must be tackled and resolved for us to have speedy resolution of matters in our Courts.
The oil sector is said to be very corrupt. Do you believe that President Muhammadu Buhari who is also the Minister of Petroleum is doing enough justice to fix this sector?
Corruption is a cankerworm that has eaten deep into the fabric of the nation. It pervades all sectors in the country and not only the oil sector. Quite encouraging is the commitment that the present administration has shown in the fight against corruption and I call on every Nigerian to support the Federal Government of Nigeria in this crusade. A cardinal point that must be borne in this fight against corruption is that human rights must be respected at all times and the rule of law must be strictly complied with. I encourage all Nigerians to support the present administration, criticize constructively and contribute our own quota to the growth and development of the country. I am optimistic that with collective efforts and sincerity of purpose, the fight against corruption will be won and the oil sector will be fixed and well positioned for the overall benefit of all Nigerians.
What is the reason for the recent increase in the pump price of fuel in a country blessed with crude oil?
Nigeria is blessed with oil amidst several other natural resources and one would expect that her citizens will not be paying this high for this commodity. The present administration has tried to explain that the difficulty experienced by the marketers to access foreign exchange for the importation of fuel is responsible for this increase. The government has also made it abundantly clear that the subsidy regime was no longer sustainable and that explains why it was not captured in the 2016 budget. We have also heard terminologies like liberalization, deregulation, modulation etc. I may not be in a good position to accurately and extensively explain the root cause of this price hike which has increased the sufferings of all of us. One can heave a sigh of relief in view of the promise by the government to fix the refineries in the not too distant future. I believe government should devise a sustainable means of ensuring that we refine and produce enough fuel for local consumption, as this will obviate the necessity of importation on the long run. In the short term, the Government should quickly put in place adequate machinery to ensure that Nigerians start enjoying the palliatives which it has promised to provide to cushion the effect of the fuel price increase.
Can you tell us who Joe Kyari Gadzama (SAN) is?
I am a private legal practitioner and the Principal Partner and Founder of J-K Gadzama LLP with offices in Abuja, Lagos and Maiduguri, as well as affiliate offices in London, United Kingdom and South Florida, United States of America, USA. I hail from Lassa in Askira/Uba Local Government Area of Borno State but I was born in Mubi, Adamawa State on the 28th day of November, 1961. I graduated from the University of Maiduguri where I obtained the LL.B Degree in Law. I was called to the Nigerian Bar in 1986 and I have been an active member of the Nigerian Bar Association since then. By God’s grace, I was appointed a Notary Public in 1996, conferred with the prestigious rank of Senior Advocate of Nigeria (SAN) in 1998, appointed Honourary Bencher in 2007, admitted to the Lincoln’s Inn (UK) in 2008 and became a Life Bencher in 2015. I am a Fellow of the Chartered Institute of Arbitrators (UK) and a CEDR accredited Mediator. I am a Member of the General Council of the Bar (Nigeria), the NBA General Practice Committee, National Executive Committee of the NBA and Member of the Council of Legal Education (2002 to 2003). I have also successfully served the Nigerian Bar Association in various capacities, notable among which are Chairman of the Nigerian Bar Association (NBA), Abuja branch; Chairman of the 2005 NBA Annual General Conference Planning Committee, Jos; Chairman of the Organising Committee of the 2006 Maiden Conference of the NBA Section on Legal Practice (SLP); Vice Chairman of the NBA Section on Legal Practice (SLP) and Pioneer Chairman of the NBA Section on Public Interest and Development Law (SPIDEL) from 2006 to 2010.
How many years have you been into practice as a lawyer?
By the grace of God, I have been in private legal practice for 30 years now, having been called to the Nigerian Bar in 1986.
Recently, you were recommended by a senior member of the Bar for your outstanding performance in the forthcoming NBA election. What is the reason for the endorsement?
The endorsement was by Chief Adegboyega Solomon Awomolo, SAN who is a great man of many parts. He has a good reputation, a strong past and he is well respected. He is our leader and mentor and above all, a devout Christian. While some say he truly answers his name; Solomon as he has Solomonic wisdom, I call him “The Shonekan of NBA” because he chaired and led the entire NBA, alongside other Bar leaders when the Association became comatose and was in crisis for six years between 1992 and 1998. With all sense of humility and seriousness, I believe his endorsement reflects the opinion of majority of members of the Nigerian Bar Association (NBA). This is as a result of verifiable facts and objective assessment of my suitability for the office of the President of the NBA by her members, considering my competence and contributions to the development of law in Nigeria.
Recently, the fight against corruption was taken to the judiciary. Is it proper for this present administration to do such against the third arm of government?
I think there is a lot of misconception out there in the public about the fight against corruption. It has become an endemic problem which must be fought to a logical conclusion in the interest of the country at large and generations yet unborn. It must be noted that there is equality before the law and nobody is above the law. Just like in every sector, I admit that there are few bad eggs in the judiciary but I do not subscribe to the tagging of the entire judiciary as corrupt due to these few bad eggs. Corruption is a major problem of this country and the government must be supported in this fight and every citizen must play his role. The key point here is that the government must not intimidate the judiciary using the law enforcement agencies and the issue of corruption must be tackled in strict compliance with the rule of law.
One of the functions of the judiciary is administering justice to those who deserve it, but today the reverse is the case. They are used by the present administration to achieve certain objectives that violate human rights, what is your take in this? An instance is the court order that prevented the strike.
Just like I said before, there is a whole lot of misinformation and misconception about these sorts of issues in the public. The judiciary is the last hope of the common man in this country, just like in every other country. The role of the judiciary cannot be overemphasized and this explains why the independence of the judiciary must be guaranteed at all times. I admit that there might be a few bad eggs in the judiciary but I think the judiciary has also not fared too badly. The judiciary deserves commendation but there is still room for improvement. Some of these alleged human rights violations that you may be referring to have also been attributed to law enforcement agencies and as such, not necessarily from the judiciary. Human rights and the rule of law must at all times be respected and that should be sacrosanct. On the issue of the Court order granted by the National Industrial Court which you mentioned, although I do not have a copy of the application and the order itself, there may not be anything legally wrong with the order which restrained the Nigeria Labour Congress, NLC from embarking on the strike. I say so because the Court in its wisdom relying on the facts and law presented before it found merit in the application and granted the said order. What we must all frown at, is the attitude of selective obedience of Court orders only when it is favourable.
If the judiciary at this stage is weak in administering justice, then what is the hope of the common man?
I do not agree with you that the judiciary is weak in administering justice. The judiciary has improved over time but there is still room for improvement. There are actually factors responsible for the slow dispensation of justice and disposal of cases which has resulted in the perception that the judiciary is weak. The delay in disposal of cases in our courts is caused by a number of factors. Firstly, the system of recording proceedings in long hand by our Judges is time consuming and is actually archaic. Also, some of our Judges appear to be over-laboured as they have large number of cases pending in their courts. Another factor is the use of technicalities and some legal procedures like interlocutory applications, preliminary objections, unnecessary adjournments etc by our lawyers. These and other reasons must be tackled and resolved for us to have speedy resolution of matters in our Courts.
The oil sector is said to be very corrupt. Do you believe that President Muhammadu Buhari who is also the Minister of Petroleum is doing enough justice to fix this sector?
Corruption is a cankerworm that has eaten deep into the fabric of the nation. It pervades all sectors in the country and not only the oil sector. Quite encouraging is the commitment that the present administration has shown in the fight against corruption and I call on every Nigerian to support the Federal Government of Nigeria in this crusade. A cardinal point that must be borne in this fight against corruption is that human rights must be respected at all times and the rule of law must be strictly complied with. I encourage all Nigerians to support the present administration, criticize constructively and contribute our own quota to the growth and development of the country. I am optimistic that with collective efforts and sincerity of purpose, the fight against corruption will be won and the oil sector will be fixed and well positioned for the overall benefit of all Nigerians.
What is the reason for the recent increase in the pump price of fuel in a country blessed with crude oil?
Nigeria is blessed with oil amidst several other natural resources and one would expect that her citizens will not be paying this high for this commodity. The present administration has tried to explain that the difficulty experienced by the marketers to access foreign exchange for the importation of fuel is responsible for this increase. The government has also made it abundantly clear that the subsidy regime was no longer sustainable and that explains why it was not captured in the 2016 budget. We have also heard terminologies like liberalization, deregulation, modulation etc. I may not be in a good position to accurately and extensively explain the root cause of this price hike which has increased the sufferings of all of us. One can heave a sigh of relief in view of the promise by the government to fix the refineries in the not too distant future. I believe government should devise a sustainable means of ensuring that we refine and produce enough fuel for local consumption, as this will obviate the necessity of importation on the long run. In the short term, the Government should quickly put in place adequate machinery to ensure that Nigerians start enjoying the palliatives which it has promised to provide to cushion the effect of the fuel price increase.
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