Ayodele Kusamotu, is the chairman of Kusamotu & Kusamotu, a China practice law firm. In this exclusive interview with INIOBONG IWOK to mark Nigeria’s 64 independence anniversary, he said the country should focus on making the current constitution more effective by improving on its provisions and cutting down the cost of governance. He also assessesd the state of the judiciary among several other issues. Excerpts:
Nigeria is 64; what is your take on the progress the country has made?
If you compare us with China and United Arab Emirates and look at what they have achieved in the same period then it should be a wakeup call for us because these countries are now dominating in different spheres of human endeavour in the world. China is even lending money to us. We could have done better given all the resources that our country is endowed with and what we have earned from oil over the years.
Many Nigerians say that successive government have not delivered on the promise of good governance; things are even worse now than it was before. What do you think is the problem?
If we keep doing things the same way, we will keep getting the same results. We need a complete paradigm shift in governance. At the end of the day, we are getting what we deserve in terms of governance. It is only when we talk to ourselves and vote for people who will put us first that this problem will go away. But as long as the system of selecting and electing is flawed then we won’t get out of the rot.
Many Nigerians have called for a new constitution and for a return to parliamentary system of government as part of the solution to Nigeria’s problems. What is your take?
I don’t agree that a return to a parliamentary system will solve the problems. However, amendments can be made to the Constitution as are being made from time to time.
We should focus on making the current constitution more effective by improving on its provisions and cutting down the cost of governance. We should make essential institutions more independent and put in adequate checks and balances.
What is your assessment of the Bola Tinubu’s administration so far?
It is still early in the day so they need more time for a fair assessment. However, on the face of it , it has not done well with regard to the economy in curbing inflation, creating an enabling environment for investment and businesses to thrive.
I believe that Nigerians had high expectations from the administration in terms of the economy but people are crying that they are hungry. Inflation has taken another dimension and prices of basic food is beyond the reach of the majority of Nigerians, the list is endless. Government has a lot of work to do.
They need to consult widely and run an inclusive government. The Government should bring in skilled people where necessary and reshuffle its team if need be.
The administration has carried out a lot of reforms since assuming office, what is your assessment amid the current criticism?
I am sure that you are thinking about the subsidy removal and floating of the exchange rate. The President was in a hurry to get things moving. But it has been counterproductive because removing subsidy and floating the exchange rate was too much for Nigerians to absorb all at the same time. A lot damage has been done to businesses with many closing down and some leaving the country.
Socially the youth are running away from Nigeria like it is diseased and the ones here are on life support. I don’t think the reforms are yielding the required results for now; rather they are causing social unrest.
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Tinubu has also initiated reforms in the mining sector, as a stakeholder what is your take on the reforms?
The current reforms will kill the mining industry and drive indigenous mining companies out of business. I don’t even see any reforms save for unreasonable and unjustified tariff increases which looks more like expropriation. In some cases, licence fees have been increased by 13 times. This has allowed for a lot of negative speculation and suspicion.
The EFCC too isn’t helping matters by harassing licenced mining companies and leaving the bandits in the bush to carry on their businesses unhinged. The businesses that have invested their resources in the mining sector are being hounded by the system but the bandits are reigning free.
This is a real paradox. It has gotten to the point that even people in the mining industry will advice you not to invest in mining but rather use your money to trade. It is a pity and I pray that somehow the President understands the damage being done to the mining industry by the reforms of the current minister.
Nobody is talking but just wait and see how this era in the mining sector will be viewed in some years to come. I pray that we will all be alive then.
We saw the hardship protest in August and many people were killed and others arrested and charged with treason. Are you satisfied with the way government handled things?
How can people violate the law by protesting if done in an orderly and peaceful manner? Clearly if people were killed, then that is out rightly unlawful. Even though the action of arresting and charging protesters is within the powers of the State, rule of law must be followed and abuses avoided.
In a democracy, government must be tolerant of dissent and allow the other voice. In reality, I think it is a repression of the fundamental human freedoms of speech and association. Now that the cases are in court, we have been warned by the Chief Justice of Nigeria not to comment or analyse ongoing cases so I can’t talk about them.
My views are based on what I have read in the papers and my own opinion as a Nigerian. It is a paradox that this repression is going on under a President who was known for his activism with NADECO and has experienced what it means to be hounded by an authoritarian regime. We also know how Nigerians hate repression.
What is your take on the Edo State gubernatorial election?
I have heard that the civil societies have expressed dissatisfaction about the conduct of the election and identified a number of irregularities. I have not had the privilege of reading the reports nor do I know people who are resident there. I can’t speak about it.
The judiciary has come under knock in recent years over questionable rulings and several allegations on judges. What is your assessment of the situation and the way forward?
President Bola Tinubu has to be commended for increasing the salary of judges. This is very encouraging. The newly appointed Chief Justice of Nigeria said that she would use technology to curb the problem of conflicting judgments and that she will not tolerate the abuse of ex parte orders.
That implies that she recognises that these are issues and problems that need to be tackled. She will have a number of years on the seat so the jury is out; let us see what will happen.
However, in terms of my own constituency that is the legal profession, we are facing an existential threat because of the negative perception people have about justice or the lack of it through the courts. I believe that the Nigerian Bar Association has a big role to play in this situation.
