Buhari’s One Year: APC Legal Adviser Says Party Must Stop ‘Undemocratic Practices’ [INTERVIEW]

The national legal adviser of the All Progressives Congress (APC), Dr. Muiz Banire, SAN has advised the party to desist from practices that portray the party as being against democracy.

In an interview with The Sun, Banire noted that undemocratic practices such as imposition and hand-picking of candidates are not only capable of portraying the party in bad light but can also affect the its electoral fortunes.

Below are the full excerpts of the interview:

Yourself and some profes­sionals and politicians re­cently floated an organiza­tion called United Action for Change, what is the group all about?

United Action for Change is a revo­lutionary group committed to change. We opposed tyranny, injustice and op­pression. We are committed to social reforms in all sectors.

For us at UAC, no problem is insur­mountable. We ensure that we carry other stakeholders along especially those that have bearing with particular issues we are focusing on at a particular time.

On the position being can­vassed by UAC that appoint­ment of a state chief judge be based on merit rather than se­niority, some people believe that this may precipitate cri­sis …?

Cuts in … You know, the National Judicial Council (NJC) is the last bus stop on issues relating to the judiciary. If our position is acceptable to the NJC fine, if not, NJC can reject it. NJC is part of the reforms UAC is canvass­ing in the judiciary. Although it is not compulsory that NJC should accept all UAC’s recommendations.

What is the option or op­tions your organization have if some of your recommenda­tions for reforms in the judi­ciary and other sectors like politics and judiciary are not accepted?

What we normally do at the end of UAC sessions is to send our recom­mendations to the relevant sectors or the agencies concerned. Thereaf­ter, if we discovered that necessary attention is not being given to our recommendations, we try to get the media involved in the crusade, and where it requires that we network with other civil groups, we do it in or­der to achieve our objectives. Again, where we need to do mass protests to achieve objectives, we also do it. The fact that we have to accept is that we need to reform our society to get rid of those vices which have been a stumbling block to societal develop­ment and growth. We also need to change the status quo to ensure that we live in a just society where some animals are not more equal than oth­ers.

We in UAC believe that every form of oppression, and acts of man’s injustice to fellow human being are challenged and eradicated for this cause, UAC realize that it may be on a collision course with some power­ful interests especially those who want the status quo to remain, but we remain undaunted.

How do you see the ongo­ing trial of the Senate Presi­dent, Bukola Saraki at the Code of Conduct Tribunal? Some are saying that it has become a national embar­rassment, and that the Sen­ate President should have resigned. Even your party, APC should have done something to save the Sen­ate from further ridicule?

I don’t see the issue from that point of view. I see it from the operation of the rule of the law, and that is the angle from which the party is seeing it. If somebody has a case to answer, let him go and answer it, and if at the end of the day, you are vindicated, so be it.

For us at APC, we believe in the rule of law regardless of whoever you are, you must go through the same process like a common man.

But what some people are saying is that it is embar­rassing having the nation’s number three citizen shut­tling between the National Assembly and the court ?

That doesn’t make any meaning to me. I don’t see anything unusual in it because Saraki is still presumed inno­cent until the final verdict is given. If members of the Senate are comfort­able with the present situation as it involves Saraki, then why should we have any issue with that?

Some people are saying that Saraki’s travais is part of the intra-party crisis in APC and that a political so­lution can still be found to the problem, what is your view on this?

We don’t treat this kind of matter as a family affair in APC. We are not like PDP where they will describe such case as a family affair.

There are many issues of public interest that you can’t treat as a fam­ily affair and Saraki’s case is one of such. For a government that is fight­ing corruption, it must not be seen to be compromising. Let due process be followed, and members of the public will be convinced that this govern­ment is truly committed to change, and that it is no longer business as usual. Saraki’s case is good for de­mocracy. It will help our democracy to thrive.

How will you assess the anti-corruption war of Presi­dent Muhammadu Buhari?

So far so good. It’s on the right track. However, what is being done substantially is loot recovery. Cor­ruption must be fought holistically. There are other aspects of tackling corruption that are yet to be touched which government must look into. For example, there is the urgent need to put surveillance mechanism in place to fight corruption.

Are you saying that in the last one year, that Buhari’s administration has only been scratching the surface in the fight against corrup­tion?

No, the president has done more than scratching because some people are already being tried for corrup­tion, and this has sent a strong mes­sage to other people, especially those whose hands are not clean, and that in itself has shown us that there is no impunity in our system again. Before, people believe you can get away with anything, that if you have money you can buy justice, or delay justice, but all these are fast disappearing from our system. This is a clear indication that we are progressing.

But some people are say­ing that the war against corruption is one-sided, and that you have only PDP members being put on trial …?

Cuts in … People saying that or making that allegation should direct their allegations to the EFCC. I be­lieve that we should leave the presi­dent out of this. We should allow the EFCC to do its job. EFCC should be allowed to do its job. Rather than accusing Buhari of waging a one-

sided war against corruption, such accusations should be directed at the EFCC. Buhari has nothing to do with arraignment of those being put on trial by the EFCC or are we now saying that Buhari should interfere? No. Let EFCC do its job. But again EFCC has said on several occasions that anybody that has information on anybody as far as corruption is con­cerned should come out with such information.

Why it appears as if the war against corruption is one-sided is that those being put on trial are involved in shar­ing security fund to further PDP’s cause during the last general election.

As for funds being recov­ered from looters, opinions are divided on how it should be utilised. In your view, how should the fund be spent?

Looters should be tried and if found guilty, they should be sent to jail.

But some people are say­ing that considerations should be given to elderly ones among the alleged looters because of their old age …?

Cuts in … Jail is no respecter of anybody. Once you are guilty you must be sent to jail. Age is not a bar­rier to being sent to prison. There is no law that says that because you are an old man that you must not be sent to prison.

For the recovered loot I believe that it should be used for massive in­frastructural development. We have a lot of infrastructural deficit in the country.

Speaking as a Nigerian and not as party man, how would you assess the last one year of APC-led federal government, because some people are saying that the pain and suffering is becom­ing unbearable, and that they voted for change and not for pain, what is your take on this?

Those people saying that must have voted for business as usual. Buhari’s government is a government of the unusual, but it is just a matter of time before Nigerians will start enjoying dividends of democracy under this government. Like the Vice President, Yemi Osinbajo recently said “What Nigerians are presently experiencing now is what you can likened to birth pain, like when a woman wants to deliver, but as the woman puts to bed a bouncing baby, shouts of joy will erupt.”

Nigerians must realize that positive change doesn’t come without some sacrifice, Nigerians should have pa­tience.

Other Nigerians are even claiming that the present pain they are experiencing would not have been this much if the President has been staying more at home rather than travelling abroad most of the time, that his be­ing at home would have af­forded him an opportunity to have first hand knowledge of the extent of hardship in the land, do you agree with this?

No, I don’t share that sentiment. The President’s foreign trips have been a source of tremendous benefits to the country. It has helped to change the wrong perception some world leaders have about Nigeria.

Buhari’s trips have really helped the country. His trips have economic and social benefits. Again by the vir­tue of technology today you can gov­ern from anywhere. The world has become a global village, and technol­ogy has made things easier.

On the issue of the recent fuel price increase, the Presi­dent has been criticized for being insensitive to the feel­ings of Nigerians who are already complaining about hardship and suffering they are passing through for now, and that even the former President Goodluck Jona­than didn’t have courage to do so when Nigerians kicked against his plan to do so?

But somebody must have the cour­age to do the proper thing. What is certain is that with time fuel price will crash. That is what deregulation is about. Nigerians should exercise pa­tience, gradually the price will come down.

But the organized labour, especially the NLC seemed not to have looked at it from that perspective …?

Cuts in … I’m surprised by their action. Going on strike was wrong. Government even invited them for talks on new wages for workers but they remained adamant until other eminent Nigerians including APC leadership intervened before they called off the strike. To me, the strike was uncalled for. It was even a dis­traction and that was why it even po­larized the NLC itself.

Having realized that the price hike will lead to astronomical increase in the prices of some commodities, that was why the Federal government in­vited labour for discussion. I believe NLC should have reciprocated gov­ernment gesture by sitting down with government officials to work out pal­liative measures to cushion the effects of the price hike.

PDP recently accused APC and Lagos government of being afraid to conduct council polls, because the APC knows that PDP will in­flict crushing defeat on it having defeated the ruling party in several local gov­ernment areas during the last general election, what is your view on that?

Politically, I will say that the PDP is not correct in its view. There is no way the PDP can defeat APC in La­gos State. But legally, I have always been an advocate of a democratized system. My understanding of the con­stitution is that some of those mea­sures like selecting or hand-picking candidates are not constitutional including having a caretaker com­mittees in place as we have in Lagos State councils today. What the consti­tution says is that local government areas should be run by democrati­cally elected people. That is why I’m advising Lagos State government to conduct election into the councils. It is not only undemocratic but also un­constitutional to have caretaker com­mittees in place.

PDP made some electoral gains in Lagos State dur­ing the general elections in 2015 with PDP members in the State House of Assembly and at the House of Repre­sentatives, what do you think is responsible for this?

It means that something is wrong with our party, APC. Certainly there is a disconnect somewhere, and we have been trying to address this.

Does that mean that all is not well within APC?

When I say that there is a discon­nect, that means that we need to re­form. Before, APC was not used to conducting primaries for contestants or aspirants, we were used to hand-picking candidates, but now we have started conducting primaries to pick candidates, and I believe that has helped to reduce rancor in the party, unlike before when we were hand­picking.

For those of you canvass­ing reforms within APC, don’t you fear you may be tagged rebels?

They have already tagged us reb­els but we are undaunted. If the APC leadership called it rebellion, we don’t mind. We see ourselves as re­formers. I always believe in the con­stitution.

Let’s follow the constitution and what the law says, this has always been my position. Some people in APC who believe in the status quo see me as a threat to entrenched in­terests. But I will continue to canvass equity, fairness and justice.

Don’t you see your posi­tion leading to a collision between you and some APC leaders like Asiwaju Bola Ahmed Tinubu?

Collision is part of life. My position is that honorable people must always stand for something. If you are con­vinced that this is the right position, you must stand by that position.

Rather than canvass your position openly, are there no other avenues to reach Ti­nubu and other APC leaders about the need for reforms in the party especially in La­gos State?

As far as I’m concerned, our cru­sade for reform is not about Tinubu, it is about the need to reform the sys­tem. It is a systemic problem. I don’t personalise issues. It is the party’s leadership that is concerned, and Ti­nubu is not part of the leadership exco in Lagos State or at the national level. It is the leadership at those two levels that must do something about these reforms.

But many people believe that there is hardly anything these people can do without Tinubu …?

Cuts in … Well, I don’t know any­thing about that. There is something called rule of law, and once you fail to abide with the rule of law, what you have is rule of man. And what is the rule of man? It means tyranny and op­pression.

Don’t you foresee the pos­sibility of being sanctioned or expelled by APC over your stand on the issue of reform?

You see, some of us are not crazy about position. We are in politics to add value, and if they make it difficult for you to add value to a particular system, you look for another plat­form. You can see that we even have a platform now to ventilate our posi­tion on any issue and that is United Action for Change. It is even a matter of time we exit from APC and con­centrate on this platform which we believe will add value to the system.

I prefer an independent manner of dealing with issues. I don’t believe in imposition, dictatorship and god-fatherism.