Thursday, August 9, 2012

A Law and Order State!

I attended a “thank you” dinner hosted by Lagos State Governor, Babatunde Raji Fashola (SAN) for donors to the Lagos State Security Trust Fund on Saturday July 7, 2012 at a restaurant in Victoria-Island, Lagos. The dinner was underwritten by First Bank, one of the bigger donors (financially and by “donating” its CEO to serve as a fund trustee. The event was not designed to raise funds, but to thank organisations and individuals who had contributed to the cost of securing Lagos State. Those donors were being appreciated for their civic citizenship and for endorsing the new paradigm in which rather than wealthy individuals and businesses trying (in vain) to secure themselves only, they contribute towards a bigger fund which can leverage scale and synergy, and thus be more effective in securing society as a whole. I am a big admirer of the idea behind the establishment of the trust fund idea (cynics would say “why wouldn’t you since you were appointed a trustee in 2011! But I could disappoint them!!! The role is unpaid; attracts a sitting allowance of only N50,000; and imposes a heavy responsibility since one has in effect accepted the obligation to account, jointly with other trustees and fund management, to very enlightened business, professional and individual donors) since BRF introduced it in 2007. It’s a unique public-private partnership between the state, which has the responsibility for security, and its corporate and private citizens who recognise themselves as stakeholders in the enterprise of creating a conducive environment for business, living and leisure and who are ready for put their money where the mouths lie! It is not supposed to be the ideal-the state should ordinarily have the capacity-constitutionally, financially and operationally, to create its own police and to fund it through its revenues and citizens’ taxes, but Nigeria continues to insist on the dysfunctional irrationality of a federal monopoly on policing while law and order breaks down all over the country! But rather than helplessly wringing his arms, the Lagos State Government created this intervention to bridge the massive funding gap which had rendered the Nigerian police basically impotent in the face of a rising crime wave, now compounded by new phenomenon of fundamentalist terrorism, kidnapping and our old nemesis-corruption and financial crime. Until the fund was created, Lagos was taken over by daily armed robberies on the roads and in our homes (as I can personally testify) and daily fatalities, and even though crime has not been banished from our state, the contrast with the pre-2007 period and with other states, including neighbouring ones is stark! But back to the dinner! With the tension of being asked to make further contributions (in the very short term!!!) removed, it was a relaxed and amiable evening, with Gbenga Adeyinka 1st making the evening a very entertaining one as well-until BRF announced a major change in policy direction in Lagos State! The Governor declared a new emphasis on zero tolerance for unlawful behaviour in the state. There was pin-drop silence as the lawyer-governor cited examples-fraudulent and back-dated documents to support applications for land title perfection, non-tax compliance, gross traffic infractions, building and planning violations etc. Many may have perhaps shifted uncomfortably in their seats, and when Fashola asked the distinguished audience for a voice vote in support of the new direction, the response did not appear to be overwhelmingly enthusiastic! But I think we should support the Governor. If we want development, we must be willing to pay the price! Why should we be happy to visit and/or live in Europe, USA, Singapore, China and other nations and cities who have built successful societies on the back of strict rule of law and refuse to accept the imperative of doing so in our own country? Why should our compatriots be willing to pay taxes in the UK or USA while they join in not paying taxes back at home? Why should we flagrantly breach traffic and urban planning regulations in Nigeria, while admiring the progress other societies which act otherwise are making? I ask these questions not out of self-righteousness; but can’t we all accept the need to change? Of course these changes will also have implications for the ruling classes-if you insist on tax compliance for instance, you will have to be accountable to the tax payer on how the money is spent; if you insist on strict law enforcement, then the leaders will be carefully watched on how they (and their family and friends) relate to the law. But hasn’t BRF earned the right to make higher demands on the citizens? I think he has! And isn’t it in our enlightened self-interest? I think it is!!! That is why I support the new Lagos State Road Traffic Law 2012 recently enacted by the state legislature and signed into law by the Governor. Compliance will involve a culture change by all citizens, but change we must. The government has also enacted a Land Use Act Title Document Regulations 2012 which may also signify a new and stricter regime in respect of land titles. I suspect others may follow. I would personally like to see a law that mandates registration of all domestic staff-drivers, housemaids, cooks, security men, washermen and women; prohibits employment or demands notice of illegal immigrants in household employment and makes employers liable for non-compliance.

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