National Confused Human Rights Commission?

By Eze Eluchie

In a country where:

i. over 90% of the  prison population  is comprised of persons awaiting trial (not convicts), several of whom have spent over a decade in this most unfortunate situation;

ii. where several episodes of mass executions (such as the Ezu River massacres and the 'Apo-6' killings and countless others), have remained un-addressed;

iii. where State authorities, and at times individuals associated with 'power', routinely seize and or destroy private properties of the citizenry with impunity without any efforts or attempts at compensating the victims; and numerous extreme human right issues,

It is astonishing to observe the Human Right Commission seemingly obsessed, ready to close shop and devote its entire resources and staff, inclusive of its Chairman and Executive Secretary, towards what is ostensibly inquiry into matrimonial and domestic relationship of a couple, revolving on care for a medically challenged spouse and into political melodramas, correspondences and publicity stunts.

In other countries where the populations had suffered human right abuses and deprivations similar to what we have and are experiencing in Nigeria, such as Chile, El Salvador, and Cambodia, the interventions of their respective Human Right Commissions have  led to life changing, far reaching positive changes in human right environment, inclusive of bringing perpetrators of mass atrocities to justice and ensuring closure for their populations - ours seem to revel in politically influenced soap-opera's.

From the moment when the Board of the Human Right Commission gave, as its excuse for a lengthy period of inactivity, the fact that they had not been 'officially inaugurated', to the despicable and treasonable 'interim report' (they have never bothered to work on or issue any other report on the issue ever since) in which they sought to lampoon our heroic military forces for their routing of terrorists elements in Baga, Bornu State, I knew Nigeria had terribly been short-changed with the composition of the leadership of its Human Rights Commission.

How did we get to this sorry state we find ourselves in most sectors of human endeavor?

How is it that State agencies which ordinarily serve the needs of populations in other lands fail our people?

Is the fault is our stars or are we merely putting our worst foots forward?

Nigeria deserves a responsible and proactive Human Right Commission!

media report on HRC's overzealous response to a domestic issue:  
https://www.premiumtimesng.com/news/149342-compromise-enugu-governors-wife-human-rights-commission-says.html

Picture: Logo of National Human Rights Commission

Shameful Advocate of Nigeria (S.A.N)?

by Eze Eluchie

The unprofessional antics and clownishness of some characters who parade themselves as representing the ideal of the Legal Profession in Nigeria, is daily bringing our profession to disrepute and public ridicule. Without doubt, the integrity and rationale of the rank of Senior Advocate of Nigeria (SAN) has long been challenged and questioned by many in the profession, and Nigerians generally, who have experienced conduct unbecoming of gentlemen from some characters who have had that title bestowed upon them.

From instances of persons who subscribe to the rank of SAN struggling, and descending into shouting bouts amongst themselves, in open court, before a sitting Judge, in a desperate bid to claim ‘ownership’ of particularly Client; to others who hide behind the aprons of Nurses and health facilities, feigning ill-health, in order to avoid due processes of the law and arrests; from some who disingenuously institute actions in jurisdictions where, even the ordinary folks and commonsense know jurisdictions do not lie, with the knowledge that they will get desired ‘judicial pronouncements’ ; to some who are currently enmeshed, as defendants, in criminal and corruption trials; it is clear to all that the time has come when the need for the award of the title of Senior Advocate of Nigeria, as a mark of distinction and expertise in the law profession, must be rethought.

Any doubt of the foregoing fact is certainly erased by the recent most unfortunate and desperate conduct of a particularly loquacious character that thrives in and is a product of hyped media, who recently joined the rank of SAN, Mr. Femi Falana, over the ‘status’ of the wife of one of Nigeria’s State Governors, Sullivan Chime of Enugu State.

Without ever apparently seeking access to the lady in question (presuming any man ever had the right of access to the wife of another man), in his usual boisterous manner, rushed to the press, through his usual rag-tag online media outlet, to announce the commencement of legal action to secure ‘release’ from ‘forced detention’ and a petition to the Inspector General of Police to ‘set her free without delay’, on behalf of a ‘client’ who not only had never briefed nor met with him. As a most unfortunate fallout of this indiscretion, Governor Chime has had to go public with the personal/very private medical situation of his spouse, a revelation which no doubt need not have been of concern to or consumption for the public.

The opportunism and rascality displayed in the despicable interloper acts concerning the private affairs of the first family of Enugu State is utterly reprehensible. Those familiar with the role played by this present character in frustrating efforts by the late legal sage, Gani Fawehinmi in ensuring a former Lagos State Governor was brought to justice for forgery, would appreciate a clear trend at feigned populism and pedestrian tricks.

In any sane clime, the level of impudence displayed by some professionals masquerading as ‘senior members of the bar’ in Nigeria would have been curtailed by stiff disciplinary actions. 

Would necessary actions be taken? Considering the penchant of the victim of the present episode of champarty (Governor Chime) to avoid unwarranted publicity, it is most likely the victim would not be willing to take further necessary steps. The Bar must however strive to restore its integrity and image and bring similar posturing and scandalization of the profession to an immediate halt.

Without doubt, there are thousands of legal practitioners, some of whom are of the rank of Senior Advocate of Nigeria (SAN), who are a source of evergreen pride to the legal profession in Nigeria. The stench and odium being caused by the actions of some, particularly those who take cover under the title of SAN, now increasingly make the ordinary folks wonder if indeed the real meaning of the SAN title is 'Shameful Advocate of Nigeria'. And we know this cannot, and should not, be.

It is high time we discontinued with this ‘chieftaincy title’ in the legal profession, and allow true intellect and professional expertise to flourish.

Picture: law

Is Transparency International's Corruption Perception Index (TI-CPI) flawed?

by Eze Eluchie

One form of art which has successfully, over the years, masqueraded itself as a science, is the analysis of societal and economic data.  Without doubt, the collection and collation of such data, when done in a methodological manner, tritely qualifies to be titled as science. The magic and artistry however comes into play in the interpretation and use to which scientifically sourced data is put.

In the hands of the masters of the art, social and economic data can virtually be transformed into whatsoever the entity paying the bill wants the data transformed into. Crafty Statisticians will usually ask their bosses: 'what do you want us to make of this data'? Developments in the areas of presentation skills, audio-visual equipments and technologies and information dissemination protocols have conveniently placed entire humanity at the behest of this art form. Listening to smart statisticians describe dire social and economic situations in superlative lexicon, one may feel an urge to throw caution to the winds in wild ecstasy, only to be brought back to reality when you depart the venues of such presentations and are faced with palpable lack and rot in the surrounding society and population.

States routinely rely on analysis of data on social and economic issues to formulate national policies on such diverse matters as international investments, bilateral trade and even military strategies; at the individual level, our everyday decisions and actions have been, consciously or otherwise, infiltrated and teleguided by 'expert' opinions preferred by these analysts.

One group of internationally renowned socio-economic data analysts who have for long excited my intellect is the group which has a quite grandiose name: Transparency International (TI). TI has for over a decade established itself as an international authority on corruption and transparency in governance issues and with its immense outreach across the globe, facilitated by the presence of diverse affiliate organizations in several countries, amassed access to empirical social and economic data on different climes.

As stated earlier, the data collection is, in most cases, scientific. It will take some discernment to appreciate the inherent artistry:

TI's flagship contribution to international discourse is its annual Corruption Perception Index (CPI). Often times, the ‘P’ ('perception') is conveniently omitted in the mindset of users of the index, thus creating the impression that the said CPI is ordinarily viewed as the worlds Corruption Index (CI) - revealing the standing of countries in a global corruption hierarchy. TI's CPI has attained the level of a global reference point and is often cited by the United Nations and its agencies, regional multinational institutions (AU, ASEAN, EU, OAS and so on), domestic State authorities, opposition elements and civil society organizations variously to buttress the level of corruption in the States which fare poorly in the index.

Are the countries which rank poorly in TI's CPI really the most corrupt in the world? Or could the reverse the case?

Corruption is always a two-way traffic. There is usually the giver and taker (in the case of bribes); the deprived and the depository/recipient (in the case of expropriated loot); the victim and the thief and several other permutations which captures the harm posed by corrupt practices.

The armada of data collected by TI towards arriving at its CPI is simply overwhelming. The countries which rank poorly in the CPI are usually the victim-States of corrupt practices, the territories whose rulers loot with unrivaled frenzy, the States where bribery and corruption seem to be woven into the societal fabric and where the citizenry live, breath and die under the pangs of corrupt practices. But are these countries really the most corrupt or do they simply suffer most from corruption and corrupt practices? Are the States which fare well in TI's CPI merely insulated from the pangs of corruption by virtue of the fact that they only serve as beneficiaries of the corruption and corrupt practices of other countries?

Are there other facts which could be inferred from the data available to TI? A closer look at TI's social and economic data base will divulge interesting revelations usually not announced by the CPI annual reports. Where do proceeds of corruptly sourced funds disappear into? Which States or territories benefit most from global corrupt practices? Does benefitting from corruption/corrupt practices not make a State corrupt? Would the ranking of countries in TI's CPI be reversed or revolutionized if the quantum of loot each State receives is factored into the compilation and evaluation process? Would States/territories like Switzerland, Luxemburg, Cayman Islands, The Isles of Man and other havens for global loot suddenly have a reversal of positions with States/territories like Afghanistan, Haiti, Nigeria and several others, mostly belonging to the Low and Middle Income Country category, whose rulers endlessly cart out entire budgets to foreign bank vaults?

TI's CPI, it must be emphatically stated, has done quite a lot to bring awareness of corruption to the global arena. Global abhorrence for and efforts at tackling corruption will no doubt be enhanced if a real corruption index was extrapolated from the mountain of data available to TI and the several other entities interested in tackling corruption and not merely the 'perception' being disseminated. Tackling the corruption cancer requires efforts of both the victims and the beneficiaries; both the givers and takers; both the deprived and depositories of loot.

When the receiver-State declines to receive, declines to allow their banking facilities to serve as depositories for loot, large-scale corruption will become near extinct.

It can be done.

Picture: © Transparency International's Corruption Perception Index 2012