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Friday 20 March 2015

All the allegations against Buhari are completely senseless -BANIRE

MUIZ ADEYEMI BANIRE, a Notary Public and erudite legal scholar, has a doctorate degree in Property Law from the University of Lagos. He was a Senior Lecturer at the Department of Private and Properly Law, University of Lagos, and has also been in active legal practice for years. He is a prolific writer on different areas of law, has a robust public service experience as a Commissioner in Lagos State, and has proved his mettle by performing excellently in all of his public assignments.
In this interview with THEODORA KIO-LAWSON, Banire, who was recently appointed national legal adviser of the All Progressives Congress (APC), speaks about leadership, the APC, party dynamics, and the 2015 elections.
I followed your notes on twitter not too long ago, and you did state somewhere that; “Nigerians have made a lot of progress as a people but still, a lot more work lies ahead of us undone.” What do you think about Leadership in Nigeria today and what is this work you spoke about in your tweet?
Thank you very much. It is an acknowledged point internationally that the way we run our system in Nigeria is below general expectations. There is a lot of work for us to do. Look at the state of our economy. It is in a debilitating state as our currency on a daily basis is sinking. Our polity is in crisis. Security-wise we are not in a comfortable state. Our educational institutions and the health sector are always on strike. These are just few out of the crises confronting us. We have a lot to do.
Having served as a commissioner, leading a number of ministries (in Lagos State) at different times, tell us about your leadership style and the well-defined changes you made while in service?
My policy is “don’t delay till tomorrow what can be done today”. I also do not accept failure as an excuse and I know that the best way to achieve is to be dedicated to your goals. I ran both Ministries of Transportation and Environment in a manner disagreeable to indolence but well disposed to positive reforms. My colleagues in the Ministries knew that they must deliver on their assignments and that was the secret of our success in those hectic but interesting days in office. Passion equally played a vital role in the process.
The elections are around the corner and everyday we follow developing issues and unfolding spectacles in the political arena. Only recently, Ekiti State governor, Ayodele Fayose, challenged the APC to take him to court over his alleged use of the military to rig the June 21, 2014 election. Is it likely that the APC will take him up on this challenge?
Definitely, yes. We shall take him up on this issue. It smirks of gross lawlessness and contempt of court for a governor who is supposed to set precedent for obedience to court decisions to disparage the Justices of the Court of Appeal in the case of Fayemi v. Fayose just delivered few days ago in such a manner as he did. The Court of Appeal and the Supreme Court have always maintained the position that soldiers should not be used in the conduct of elections as it is never done. See the case of Buhari v. Obasanjo where the apex court decried the atrocities perpetrated by soldiers during the 2007 elections and yet, in this age, a governor is flagrantly confronting the wisdom of the Court of Appeal on the disgraceful use of the military to rig elections. You must remember that Sahara Reporters recently exposed what the same Fayose did during the June 21, 2014 governorship election in Ekiti when he and his friends manipulated the electoral process using one army general to perpetrate all manners of atrocities. It is a shame!

MUIZ ADEYEMI BANIRE
MUIZ ADEYEMI BANIRE
We do understand that intra party democracy thrives on an efficient legal and regulatory framework. How inclusive is the APC in its structure, decision-making process and deliberations with members in selections?
You must be aware of certain agitations that preceded the primary elections of our party towards the tail end of 2014. Our leaders are responsive to the yearnings of the people and we did the most credible primary elections in Nigeria. Look at the process by which our candidates emerged. It was transparent and a lot of credit must go to our leaders on this. The process has enabled us to produce most popular candidates which shows that we run an inclusive system in the decision-making process with members in selections. In fact, the neglible percentage of pre election cases we have attest to this.
One of the key issues in intra-party democracy is the parties’ nomination process (e.g. who decides and how and which citizens are entitled to run as candidates). There are views expressed in certain circles that you have been sidelined and short-changed a few times by Party stalwart and leader, Bola Ahmed Tinubu – First, with the selection of Babatunde Raji Fashola and now with Akinwunmi Ambode. Does the APC indeed have a culture of imposition of candidates as you have suggested in earlier interviews?
As I said earlier, we run an inclusive system in APC. By short-changing I do not understand?
I have never for once shown interest in any elective position and as such, sidelining is out of the question. As you have witnessed recently, we had a transparent and credible primary.  That contradicts imposition.  I can tell you authoritatively that we do not nurse impositions of candidates in APC. We savour and treasure internal democracy.
In November 2014 it was reported that you had some concerns about APC winning the gubernatorial elections in Lagos. Is this correct? If so, do you still hold this view and is it due to challenges with the party’s internal democracy?
Yes, you are correct. I had the fear as I did not want my party for which I had labored so much to lose relevance and the speed of progress we have recorded so far. Do not forget that I was Commissioner in Lagos State for 12  years. I doubt if there is anybody who would like to see a reversal of 12 years of achievement which is what would happen if we allow people without knowledge of and dedication to selfless leadership emerge. But right now, I can tell you that we are coasting home to victory. We have put in place all legitimate means in place to ensure that we win the election and God willing, we shall be returned as the winner of the election come April 11, 2015.
Do you your party is a ‘model’ party; operating at its optimum or is there a lot it still needs to do in the way of improvement?
It is only a dead man that is not open to further development. As a political party, though we receive commendations all over for performing well, I believe that there is room for improvement as the dynamics of human society are not static but always evolving. New demands and challenges come up everyday and we need to continue sharpening our skills to meet the yearnings of the masses to whom we owe allegiance.
Moving forward, are there any legal implications when a party falls short of fulfilling its manifesto? Can citizens bring legal action against a party?
If a party falls short of fulfilling its manifesto, the citizens can bring legal action if such failings actually have statutory or constitutional obligations, which have been infringed. You would see that a number of human rights activists like Chief Gani Fawehinmi of blessed memory, Femi Falana and others have exposed us to our legal rights in holding a party to its promises.
However, the greatest weapon in the hands of the masses is to reject such a political party through the ballot. If we keep electing or allowing failing politicians to rig us out and return to power, not many litigations can produce as much effect as ensuring that such parties do not have the feel of power again by which they can keep riding roughshod over us.
The opposition has gone to court over Buhari’s certificate – why is the APC seemingly silent over it? Do you agree Buhari committed perjury by claiming his certificate was with the military, and the school he claimed not being able to attest for him?
It is all mere political shenanigan on the part of PDP. All the allegations made against Buhari are completely senseless but the leadership of PDP is only jittery and clawing to straws in the bid not to be out of power. Buhari committed no perjury and we are waiting for PDP to prove its allegations. No more as the matter is subjudice presently.
With a doctorate degree in Property Law from the University of Lagos, you are recognised in legal circles as an erudite scholar, what is your greatest desire for the legal sector in Nigeria?
My training as a lawyer has taught me that the only way out for us is to be law-abiding, whether as leaders or citizens. We must follow the rule of law to the letter. It is the only way by which we can be ranked among civilized nations.
As a former Senior Lecturer at the Department of Private and Properly Law, University of Lagos, and author of several legal works, do you think the Nigeria legal education system does enough to prepare students for the practical and commercial side of the law?
I have said it recently that it is necessary to improve on our legal education system as many of our younger colleagues labour to learn whereas the system needs a lot of improvement to make us all more impactful. We need to be more practice-oriented. Well, the problem with the legal system is not separable from the general malaise afflicting this nation as the general rot in education is affecting the legal education system as lawyers have their educational foundation in the same educational system available to all. There is much to be done. We still have a long way to go.

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