Mr. George Etomi

George Etomi, Principal Partner of George Etomi & Partners (GE&P), was called to the Bar 29 years ago. He read Law at the University of Ife, now Obafemi Awolowo University, OAU. Mr. Etomi has a Masters Degree in Law from the London School of Economics and Political Science, University of London and is a fellow of the Centre for International Legal Studies, and the Chairman, Section on Business Law, Nigerian Bar Association (NBA). A member of the International Bar Association (IBA), his practice areas span Oil & Gas, Aviation Law, and Alternate Dispute Resolution amongst others.

In this interview with ADENIKE ADEBAYO, he speaks on the 2007 general elections, the Niger Delta crisis, the extension of Inspector General's tenure, the judiciary and
Sundry matters.

Q: In view of the botched third term agenda, the question being asked is whether it is desirable for President Olusegun Obasanjo to stay on and oversee the conduct of elections that will usher in his successor given his high stake on succession?

A: The situation is that he would have to be present when the election is being conducted. After all, he doesn't conduct elections. But, what we must keep in mind is that we must base on the obvious success of people's power to make sure that the institutions which guarantee us true democracy get their independence. INEC is one of them, so, the next thing the civil societies should be looking at now is to make sure that INEC is free of any sign of interference, so that we can get free and fair elections. Until we succeed to build such institutions, we wouldn't go too far with democracy. What we should now begin to do is to go out to empower those institutions that will enhance democracy.

INEC should rise up, thereafter, the judiciary because at the end of the day, anybody who wants redress must go to the judiciary. So, the next thing is to put people's power behind the judiciary, so that some judges who today have succumbed to pressures can begin to come out and prove their mettle. As we know, nobody whether we are North, South, East or West, will be opposed to an independent electoral body, will be opposed to an independent judiciary. The judiciary should be encouraged. In fact, they have tried their best. As we can see some of the landmark decisions that have been taken on all these issues-the Ngige problem and all that show that our judiciary, properly encouraged, would stand up for justice, that's what we require. There is a lesson for everyone of us and the judiciary should pick its own part of the lesson, and know that people yearn for positive changes. The judiciary should stand up to be counted like the National Assembly had done.

The legislature has lived up to the expectation of the people, so the judiciary should stand up to be counted. If those are fine, the executive would fall in line. The next round of the executive, the legislature and others should be of higher quality than what we have now.

Q: Worried by the level of financial recklessness allegedly perpetrated and promoted by the now rested third term agenda, people believe that Nigeria would once again take the first position in the next Corruption Index of the Transparency International. What are your views?

A: In every society, there will always be those who would allow themselves to be corrupted. But let's not underestimate those who stood up. Not everybody succumbed and it is not going to go unnoticed. The fact that eventually the proponents of what is right won meant that perhaps, majority did not succumb to the alleged bribery thing. We heard somebody offered bribe. If it is true, some collected. But it was noted that many did not take consequent upon which the agenda failed. So, why should Nigerians be worried about our reputation? The records are there. I'm not worried about whatever assessment is made.

Q: Lawyers have canvassed the enforcement of a Statutory Economic Sabotage Decree In the judicial system to stop sporadic pipeline vandalisation. Do you subscribe to this?

A: A lot of these vandalisation are consequences of a system that has failed to address the primary issues. Nobody wants to go and vandalise pipelines if what has pushed them is not the need to survive. Yes, put laws in place and punish those who cross the line, but address social problems that make people take such high risks. Afterall it is not the first time it has happened. People are being given hard choices. If it is not for them to perhaps eke out a living, nobody wants to undertake such dangerous pursuits.

However, the pressure on our rulers is to ensure that we invest the money we waste so much on many things, on ventures that could create jobs for the youths so that they won't be susceptible to temptations. I blame vandals. Nobody should celebrate vandalisation. A good society and an effective one must work continuously to ensure that they rebuild those things that link the people living outside of the law because an average Nigerian is law abiding, so, if you create the atmosphere that keeps everyone generally happy, then you'll find that 99% of our population would stay within the law. Basically, Nigerians are law abiding people. So, what the government should be aiming for is that narrow band of habitual law breakers. So if the crime Portfolio is narrowed down there wouldn't be the need to push. That's why I said, we must come up with economic, social, political programmes to cater for the large majority. Then, let us look at the greedy ones, but now when the basic necessities of life are not there, people will succumb to all kinds of temptations.

Q: The case for fiscal autonomy for the legislative arm was made recently, with the call to the National Assembly to include revenue meant for the arm in the consolidated revenue fund. What's your stand?

A: To protect democracy, some institutions have to be independent of manipulations not only the National Assembly, even the Judiciary and the Independent National Electoral Commission (INEC). There should be a revenue sharing formula. It should not depend on the whims and caprices of the incumbent government otherwise, they are not running a democracy, and that will create tin gods out of the executives. That's why there is the argument that Local Governments should be free. When that is done, there would be a higher caliber of people in government. Then not everybody will want to be governors, senators and all that because the local government is the genuine grassroot.

So, if a lot of our high caliber people are assured that the revenue going to the Local Government will go straight to them and not though the State Governments which in turn will keep it and be waiting for good boys before disbursing the allocation. Then, there will be many of such people that will accept to run for the Local Government posts. That is when true development would come. But, the present structure allows mediocres to be in the government.

Q: The National Union of Electricity Employees (NUEE) has warned against the privatisation of PHCN. It believes that plans to hand over national electricity issues to private entrepreneurs, under the liberalisation scheme; would not be in the interest of the government. How do you see this?

A: We tend to think privatisation is the cure for every problem that we have. That is not generally true. At the same time, the government has not lived up to the expectation of the people. That power is not working up till now is a tragedy. Yet the Minster is saying that it is until 2056 before we can become hopeful of a stable power supply. That is why people canvass for privatisation because they are fed up. Ghana, our next door neighbour celebrated four years of uninterrupted power supply. Why is it not possible in the case of Nigeria? Is it that we don't generate enough power? We have enough gas today to fire turbines that will keep electricity going.

The problem with the PHCN is that all power is given to them. Distribution and collection are in their hands. So, they can't function, nothing in the government works that way. What needs be done is to encourage independent power plants all over the country and break up the company into manageable units. We can't do it at the national level. Look at what disaster NITEL was when everything was given to it on telephones. When we look back, you wonder how we survived it. But today, one telephone company alone has over six million subscribers. Then, you ask how did we do it?However, the monopoly was broken later. So it would be good for power also to work.

People should not be unduly sentimental. I know their worry is job loss. But, they must know that privatisation, initially will lead to job losses because they are breaking up an unruly horn, but it is a temporary phenomenon. Immediately, the sector becomes robust, it would employ more. Let's take telecommunication as an example, when we compare the strength of NITEL staff to others, then you know no union or anyone will complain with the status, same thing with the aviation sector.

All the union should be concerned about is how to structure it in such a way that it will lead to genuine expansion of the sector. Afterall, it is the same set that would be hired by the new entrants, though they may require higher standard but they will get more and train them.

Q: What is the legal implication for the extension of the Inspector General of Police' retirement?

A: It wouldn't appear to be right because I think the Inspector General is in confrontation with the National Assembly and if for any reason it's going to be extended after the law has been passed, then there should be some sort of amendment to that law. It is not right, it is like extending the Chief Judge's tenure without amending the law. Well, it doesn't happen in the judiciary. So, what makes the Inspector General different? These are some of the abuses we must all stand up to guide against.

Q: The Incessant hostage taking in the Niger Delta has been adduced to the failure of the government to implement the 50% derivation formula. What's your stand?

A: Beyond who succeeds in 2007 is the problem of the Niger Delta. If we don't prioritise the problem in the Niger Delta, we will be threatening the very essence of the country. Nigerians should not play up the state over the Niger Delta. The way we have all risen up for what is right and just over third term, we should do same for the Niger Delta,

They have been short-changed as people from whose land the golden egg comes out. Nigerians should stand up for a genuine solution to the problem of the Niger Delta. We are not addressing the real issue. Even internationally, they are beginning to realise that if the problem of the Niger Delta is not solved, we may not have a country. Many people opposed third term for various reasons. It was by a coincidence there was an agreement. So, the problems of the Niger Delta should be highlighted. The inhumane manner with which that region has been neglected and devastated, only because they have oil there.
Slave trade came to an end when there were no blacks in any parliament any where in the world. Yet, it took only a few good white men to stand up and abolish slave trade. The blacks didn't have the power, nor did they have a say then, but it took a few to whip up the conscience of the majority. So, Nigerians should not do as if it is only the Niger Delta people that should stand up, it is the right of everyone to stand up and solve this problem once and for all to have one indivisible country.

Nobody who is genuinely concerned about the problems of the Niger Delta should support the wastefulness of some of their governors. Nobody should hide under that. That is no excuse. Think of the majority because that treatment meted out to anybody is wrong. Afterall, they were living like any respectable society before oil was found. They had sound pedigree, but, when oil was discovered, suddenly their lives changed for the worse. For almost 50 years to feed an ungrateful nation, and each time they cry you take their people, you take their leaders, if you don't kill them you'll jail them, right from the days of Isaac Adaka Boro, who stood up for this injustice. They never said they wanted all the oil. All they demand is a fair access, a constructive access. Why should the government always take 60 per cent of all the Joint Ventures with the multinationals, yet cannot have 15% among states so they can become part owners. If that has been pursued as a policy those areas will not only be stable, but will be developed. What we lose today in terms of revenue because of the unrest in the region can't be compared to what it could have cost us to fix the place up. What about the minds of the people, the societal dislocation. Such things, will take much longer time to heal. Now, the people are shooting, taking hostages. Suddenly, you are discussing it. Is that the way it should have gone at all? But because they don't trust anymore that's why they are carrying arms, it is not too late, more important than 2007 elections, it should be on the front burner.