THE RULE OF LAW

For obvious reasons, events in Ekiti State cannot escape the socio-political radar. How often do we get to hear about an assault on a judge at a state High Court premises by thugs loyal to a governor-elect? Even those who are playing politics with the matter accept that Fayose’s supporters assaulted the judge in his presence. People like Senate President David Mark should understand that the Judiciary, our courts of law and judges are an institution – an arm of government, which interprets our laws and dispenses justice. Yet, when the Chief Judge of Ekiti submitted a petition to the National Judicial Council accusing Fayose and the police of complicity in the attack on and harassment of judges and court workers, all Mark could say, in spite of the unacceptable violent conduct, is that nobody could stop Fayose’s inauguration. Coming from the Number Three Citizen of the country who should be distancing himself from such behaviour, that is frightening.

Let us assume that the law does not know the person in question, with a case still pending with the Economic and Financial Crimes Commission (EFCC); should we forget that by supervising the beating of a judge he has broken the law?  Judges are principal officers of government mandated by the constitution to defend the laws of the land in conjunction with the law enforcement agencies, such as the Police. But when a judge is battered in the presence of the police, we truly have something to fear. Like many other Nigerians, I wonder why it is taking an eternity for the National Judicial Council to respond adequately to the petition it received on the matter.

For its own self-preservation and for the preservation of the rule of law, the NJC should treat the matter at hand with the expediency it deserves. I understand that judges are members of the bench not the bar, yet the Nigerian Bar Association (NBA) has a role to play in mounting pressure too. If this could happen to a judge, it is a strong signal to the body of benchers about how much the dispensation of justice can be subjugated by politicians. This is not an option for us. The NBA and the NJC should unite in rejecting this now and protect our democracy regardless of political affiliation. The judiciary must be apolitical. We are talking about the bedrock of our coexistence here, in that no society can survive without a set of principles, rules and regulations, as well as interpreters and enforcers of such regulations. 

If we need to fight to uphold the sanctity of the Judiciary the way the Nigerian Labour Congress and the people should stand up over the attempted abuse of workers’ rights, we should. NUPENG/PENGASSAN would shut down the country by refusing to lift petroleum products over grievances with the government. Nothing should be too much to ensure that the rule of law is protected at all times.

The first arms-for-cash saga had already dealt our reputation a heavy blow in the international community. Now we have another $5.7 million confiscated by the South African authorities. At this point, we don’t know what to call this: Illegal arms dealing or money laundering…or both. The American government has already denied the allegation that we sought the black market because they refused to sell to us. Our National Assembly has confirmed that they knew nothing of this until it boomeranged.  They have also been denied the right to debate the matter; it having been dubbed a security issue. Very convenient!

Furthermore, the lack of noise from Louis Edet House – our police headquarters – is deafening, apart from the congratulatory messages to our acting inspector general of Police, who received a national honour for a job well done, no doubt!

We cannot continue to allow our politicians to weaken our institutions and run roughshod over our rules and regulations. Nobody is above the law. Democracy is not about demi-gods and emperors; it is necessarily people-centred and must be driven by strong institutions. Democracy presents choices and alternative opinions.  A healthy opposition is one of the hallmarks of a healthy democratic society, together with the judiciary, law enforcement agencies and the media. All these are made up of our peers.  Without these institutions, we cannot protect the system from dictatorship.  We should be careful, lest we spiral back to that dictatorship and abuse of power that led us to clamour for democracy in the first place. The ruling party must be mature enough to protect the separation of powers and the opposition, as they are part of our construct. We all have a lawyer o! Let him or her know that we expect them to rise and say no and that we will stand by them. Get up, stand up, stand up for your rights.