Advocate of Nigeria. In this interview, he spoke on the recent
accident involving the convoy of the Kogi State governor,
which claimed the life of Professor Festus Iyayi. He also
fielded questions on the aviation minister's saga, national
conference and the inconclusive Anambra governorship
election and other national issues. Excerpts:
Does the family of late Prof. Festus Iyayi have any cause of
action against the Kogi State government?
Surely, the family of Late Professor Festus Iyayi has a cause
of action against the Kogi State Government for the executive
recklessness that led to the untimely and gruesome death of
the don.
The media reported the circumstances of the tragic death of
Professor Iyayi. It is undoubtedly clear that it was the
negligence of a driver of a vehicle in the governor's convoy
that hit the vehicle conveying Professor Iyayi, the impact was
so much that he was killed instantly. To that extent the Kogi
State government is vicariously liable while the driver who
caused the accident is criminally liable in the circumstance.
Does the Kogi State government have any civil or criminal
responsibility considering the fact that the governor's convoy
was responsible for the late professor's death?
Unlike Governor Idris Wada who enjoys immunity from
criminal liability, his drivers are not immune from
prosecution. So all the drivers indicted in the three road
accidents involving the governor in the last few months are
liable to be prosecuted for violating traffic laws. This is a
clear case of manslaughter. In each of the cases the Kogi State
government is obligated by law to pay compensation to the
families of the four people who were killed in the three
accidents.
Can the driver of the killer vehicle be proceeded against
personally or is it a case of vicarious liability ?
Altogether there are five accidents involving the governor, the
deputy governor and Speaker of the House of Assembly of
Kogi State in the last two years. This is not surprising in view
of the revelation by the Federal Road Safety Commission boss
that Governor Wada did not allow the drivers in his convoy to
be trained by the FRSC like the other 700 government drivers
across the country. The statement is a very serious indictment
which may aggravate the damages payable to the families of
those who were recklessly killed by the governor's convoy.
The latest accident was the third involving the governor's
convoy this year alone. How do you react to this?
The Iyayi's family and the ASUU are going to take advantage
of the killing of Professor Iyayi to prevent further carnage and
loss of precious lives on our roads through executive
lawlessness. The use of siren is going to be reviewed. In the
countries where siren is manufactured its use is restricted. It is
not for harassing road users but for making way for fire
fighting vehicles, ambulances and the police in case of
emergencies. With all the congestion or traffic jam on Lagos
roads, Governor Babatunde Raji Fashola, SAN does not use
siren or chase people out of the road. Why then should the
governor of any other state intimidate road users to the extent
of killing them? Such executive impunity has to stop.
The Senate has referred the aviation minister's issue to its
committee on aviation, instead of her appearing before the
Senate as earlier reported. Do you think anything will come
out of it?
It is a desperate attempt to shield the Aviation Minister,Ms
Stella Oduah from prosecution. But neither the Presidency nor
the Senate can exculpate her from the allegations of grave
economic and financial crimes which have been leveled
against her. More so, that the Bureau of Public Procurement
and the House of Representatives Committee have indicted
her. Both the ICPC and EFCC are also probing her while the
Presidential probe Panel on the matter has submitted its
report. There is no hiding place for her.
What is your take on US categorizing Boko Haram as foreign
terrorist organisation?
That is the internal affair of the United States. Since the
Federal Government has proscribed the terrorist body it has no
business applauding the decision of the United States. After
all, the Federal Government earlier kicked against the
stigmatization of the Boko Haram sect as a terrorist society.
Do you think the Federal Government is sincere with the
planned National Conference?
The Federal Government has been sincere about it. In fact,
President Jonathan has announced that the resolution of the
planned Conference will be sent to the National Assembly for
consideration in the ongoing review of the Constitution. This
in effect means that the national dialogue or conference is an
expanded town hall meeting to collate the views of Nigerians
with respect to the amendment of the Constitution. Since the
resolutions of the Conference are not sovereign or binding on
the Government including the National Assembly it is likely
to be a complete sham.
Would you like to put the record straight on Governor
Chime's wife issue?
There isn't much to put on record as far as Mrs. Clara
Chime's case is concerned. Although I do not require the
permission or written authorization of a victim of human
rights abuse to intervene I was instructed by Mrs. Chime to
take up her case. She never disowned me. What she said at
the nocturnal press briefing by Governor Sullivan Chime was
that she did not contact me directly but that a friend might
have done so on her behalf. That statement cannot be faulted.
Mrs. Chime sent an e-mail to one of our friends and directed
her to contact me.
The e-mail was forwarded to me. Her mother, Mrs. Patience
Igwe also sent me an SOS to free her daughter from detention.
I took up the brief without charging professional fees. In
actual fact, I took pity on Mrs. Chime and requested the
Inspector-General of Police to free her from illegal detention.
It is interesting to note that Governor Chime confirmed the
allegation that he had detained his wife. In a desperate bid to
justify the illegal detention he said he did it in
her own interest. As if that was not enough the governor said
his wife was mentally challenged. For goodness sake there
was no basis for such defamatory statement. To the best of my
knowledge, Mrs. Clara Chime is not suffering from mental
disability. She is logical and sensible in her reasoning.
Happily, we have succeeded in liberating her and she is now
enjoying her freedom.
What's your assessment of the Anambra governorship
election which PDP and APC and Labour Party, LP,
candidates called for its cancellation?
The Anambra governorship election has confirmed that INEC
requires a total reorganisation. It is not sufficient to accuse
some officials of having sabotaged the election. Professor
Attahiru Jega must accept responsibility for the gross
mismanagement of the election and move speedily to identify
all such saboteurs in the INEC and relieve them of their
positions. Under Professor Maurice Iwu, the INEC was a
machinery for fixing results of elections and for all kinds of
electoral manipulations. Apart from the removal of Professor
Iwu and the appointment of Professor Jega nothing has
changed in INEC. In other words the rigging machinery has
remained intact.
Hence, INEC has continued to conduct terribly bad elections
with lack of materials, lateness of materials, late arrival of
materials, non-payment of electoral officers etc. Unless the
INEC is re-organized and restructured it is going to bundle the
2015 general elections. If the INEC cannot successfully
conduct the gubernatorial election in one state, where is the
assurance that it is prepared to handle the presidential,
legislative and governorship elections in other parts of the
country, in one day? Was the 2011 general election not
postponed midway due to insufficiency of electoral materials?
I can assure that those who sabotaged the Anambra
governorship will smile to the bank. They won't be
sanctioned. Owing to official impurity the manipulation of the
electoral process is not going to stop so soon. Nigerians
should brace up for further abolition of another electoral
process.
Via: Vanguard
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