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The Trials of a Chief Justice: Justice And Buhari’s Aberration of Due Process

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By. Pelumi Olajengbesi Esq.

On Monday, January 7, 2019 a petition by one of President Buhari’s pally was filed against the Chief Justice of Nigeria. Two days after, said petition had made its way to the Code of Conduct Bureau (CCB) Chairman’s desk. In uncharacteristic manner, the petition was expedited with charges dated the 10th of January 2019, filing and service of charges were effected on the Chief Justice on the 11th of January, 2019. Effective legal system? Think again.

Trial was hurriedly fixed for the 15th of the same month in what must be the nation’s fastest legal system process in living and late memory. It won’t be surprising to see the kangaroo tribunal produce a ruling or judgement still within January. Everything absurd is possible under this government.

Of course one may make the mistake of applauding the process while failing to discern that the pace is not so much from a quest for justice but a rush to score a political advantage over perceived non-loyalists of the APC-led government. So desperate was the set-up that its facilitators, as usual of them, failed to properly follow or respect laid down principles at law in such cases.

Mr. President’s legal advisers are regrettably slow, inadequate or simply pressured by their principal’s desperation to cut corners in due process where it serves their shallow whims. They’ve demonstrated such woeful interpretation and awareness of the laws of Nigeria to indict their relevance to the country. For the avoidance of doubt, the Chief Justice Walter Onnoghen may only be tried by a Tribunal if (and after) the National Judicial Commission through its own constituted investigative committee finds him culpable of any offence and sanctions him. The above due process/principle was emphatically laid down in the decided case of Nganjiwan v. Federal Republic of Nigeria.

The decision to try the country’s Chief Justice at the Code of Conduct Tribunal without due process on charges of false declaration of assets brings once more to the front-burner the question of the real intent of executive rascality on the judiciary. Is it truly a case of justice in operation or oppression?

I would happily concede, of course, that no one is above the law and that the Chief Justice does have a duty at law and morally to clear himself of the allegations levied against him. What, however, offends my sensibility as a concerned citizen is threefold; firstly, the apparent readiness of this government to prosecute non-party members of the APC while sleeping on their responsibility where the accused are members of the APC, secondly the opportune timing is much too convenient to not be suspicious given the elections are but a few weeks away and elections tribunals are anticipated by products of said selection. Thirdly, and perhaps more instructive, is the identity of the leveler of the claims against the Chief Justice.

Is it truly the case that APC members are beyond reproach? Is it truly the case that the APC would readily pardon conformist party-members for gross allegations while sounding the war-drum where the accused is from opposition parties, or simply non-loyalists of the APC. Babachir Lawal presents an ever perturbing insight into the working of the minds of the Buhari government who, till date, refuses to prosecute or try Mr. Babachir in court for his involvement in swindling the government of at least N250 Million naira to cut grass. Let’s not forget that Mr. Babachir continues to play a prominent role in the APC even after his resignation (rather than outright sack) from office.

Abba Kyari has severally been indicted by substantiated claims of using his position to defraud unsuspecting individuals while pocketing kickbacks from government contractors. The APC National Legal Adviser was indicted for paying questionable sums of money to a judge to influence a decision but that is a matter that has long grown cold. Okoi-Oblat continues to seat as a Presidential Adviser on persons to prosecute while himself indicted for forging his certificate and by implication bereft of the qualifications he claims as a lawyer.

There is of course Senator Omisore who has long since had his traveling documents returned to him and his EFCC case ‘forgiven’ given his role in helping steal the people’s gubernatorial mandate in Osun state. Lest I forget, there is of course Chief Uzor KANU wanted ( and declared wanted by the EFCC) but publicly galvanising at APC rallies without reproach. I could go on but I believe my point is made. I leave Nigerians to consider if these individuals become saints once their loyalty shifts to the APC.

With the elections in view, it has been suggested that the harassment of the Chief Justice may be strategic given Buhari’s reservations about a Chief Justice from the south. Should the Chief Justice be successfully driven from office, the next in line from the apex post is a Northerner, a convenience that must greatly please Mr. President with his demonstrated strain of nepotism.

But more than that, the identity of the individual who made the claims against the Chief Justice lends greater credence to the suspicion that removing him is a strategic play by the APC. Hiding under a fictitious organization, Mr. Dennis Agher, a former aide of President Muhammadu Buhari wrote the petition against the Chief Justice. The accelerated preparation for the trial of the Chief Justice only goes to confirm that justice in this country is selective and politically strategic. Mr. Dennis is but a pawn employed to destabilize the judiciary to perhaps pave the way for the executive to exert themselves on the judiciary. To believe the contrary would be to exhibit an unforgivable naivety that may very well empower the gradual dismantling of the non-negotiable features of a democracy; rule of law and separation of power.

Only recently, the APC unveiled it’s campaign logo and slogan, NextLevel and retracted it when it was made public that both the logo and slogan were plagiarized. It wasn’t the first time this government would be caught stealing other’s ideas from a lack of originality on their part, neither was it the last. Just last week, their Website put up a copied speech promising to ‘make America great again’ !

This aren’t things to be trivialized as these are pointers to the general cluelessness of this government. If they’ve spent their time copying speeches and slogans, their ruthlessness as an oppressive government is actually inherent in the personality of their principal head- President Buhari, a one time military head who abrogated the constitution and disregarded the judiciary.

This is Buhari 202. Let’s hope we never experience Buhari 303. To Get Nigeria Working Again, Buhari simply has to go.

Pelumi Olajengbesi Esq., is the Principal Partner at Pelumi Olajengbesi & Co. Law Corridor.

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COLUMNISTS

Saraki and the Tragedy of Victory

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By Jude Ndukwe

Since the National Assembly elections ended in Kwara on March 9, and the current Senate President, Dr Bukola Saraki, lost at the polls, those who have lived in mortal fear of one of Nigeria’s finest Senate Presidents ever in history, have not relented in their infantile attacks against a man, who against all odds, wrestled official tyranny to the ground and eventually became one through whom God has preserved what is now our fragile democracy from being turned into a full blown dictatorship.

They have unleashed all manner of media attacks against the one popularly called “Oloye” by his fans, using pliable men who are obviously satisfied with being slaves, even though they are and should be living as freeborn, as long as crumbs fall for them from their slave master’s table.

To prove that Saraki was nothing but only a victim of his own rightful ambition, those who are bitterly persecuting him today under one concocted anti-corruption guise or the other, are merely doing so because they could not stand the audacity of his ambition to be Senate President against the overbearing wishes of the “Bullion Van Hawker of Bourdillon” and his coconspirators in the seat of power.

O, they wailed, they wept, they convulsed in extreme anger and could not believe that Saraki, (who used to be) a member of their party, who also had the legitimate right to be SP, beat them to the game as a master and battle-hardened politician that he is.

From then on, they marked him for destruction but he conquered them all to their dismay. Every trap set against him was neutralised with his soft speaking nature and deft political moves. He navigated their mines expertly, handling the affairs of the National Assembly with so much class that no weapon fashioned against him in the last four years thereabout prospered.

Despite being distracted with spurious court cases, phantom corruption allegations, none of which could be proven in court till tomorrow, official harassment, intimidation and desecration extending to the national assembly as an institution just to weaken and humiliate him, Saraki still kept the senate together, and will be stepping down in great glory as the “Senate President no one could remove”.

No matter what anybody says, the fact remains that Saraki will be leaving the senate as Senate President on his own terms.

The ignominy which his traducers tried their best to rub him in did not work. He was one Senate President who walked through the valleys of the shadow of death and feared no evil, for, indeed, God was and is obviously still with him.

He was professional in his approach to duty that not even for once did he allow his persecution by the executive negatively affect his sense of patriotism in the discharge of his duties.

When passage of budgets has been delayed, it was because the executive either padded the budget with mind boggling figures or that the ministries and MDAs were nowhere to be found to defend their estimates. Because they have a leader who is either bereft of ideas of how the legislature works or he still sees himself as a military dictator who must not be subjected to another institution as president, they expect the national assembly to just pass the budget “as is”. Saraki frustrated their plans to turn the national assembly to just another appendage of the executive arm, or, into a mere rubber stamp.

The Senate under him have enacted laws and passed Bills that have far reaching positive effects on our polity.

Saraki might not have won his last election, he is a victor anyway. No man passes through what Saraki was subjected to by members of the executive, survives and still see himself as a loser!

Sadly, the real losers are those who won elections in Kwara at Saraki’s expense but lost their soul and beholden to tyranny in the process.

With the incessant killings, rise in terrorism, hardship, continued displacement of communities by criminal bands, extra judicial killings by security forces, perpetually rising inflation, job losses in millions, Nigeria becoming the poverty capital of the world etc, to the extent that even the wife of the president had to, in order to exonerate her husband from the mess our nation has become under Buhari, confess that it was no longer her husband that was in charge but about three others, these hack writers see nothing in any of the nation’s misfortunes to address but their headache is a Saraki they love to hate because he beat them to their own game and that of their masters to become the Senate President.

This is where victory is tragic, for those who celebrate the ephemeral triumph of gross incompetence, ineptitude and the embarrassment our nation has become since 2015, by chasing shadows and leaving substance behind just because, to them, the country may collapse as long as they keep getting peanuts for attacking Saraki, it is most unfortunate and the misfortunes of a degraded nation is their lot!

As for Saraki, he has fought the good fight of faith. Yes, faith, because faith demands that we must stand up to tyranny even if just to prick the conscience of the tyrant and constantly remind him and his foot soldiers that all faiths abhor the vindictive imprisonment of citizens for their political and or religious beliefs as we currently have today. He can go home with pride knowing full well that when our nation was at its lowest ebb, post civil war era, he stood up to be counted among the few who used their status and political office to engage tyranny and dictatorship in a head on collision and left the senate unscathed. He is, by all standards, a fulfilled man, a winner!

jrndukwe@yahoo.co.uk; @stjudendukwe

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Spectrum: Tragedy of too many lives

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By Anikulapo Macmillan

Sometime, death comes like a puritanical to us when we hear the news of our beloved passage. It is painful to lose family in a bizarre. And it is a bad feeling when the shock of such an untimely death comes to us as misfortune. So, an English poet, Robert Frost, wrote vividly in his poetry: ‘’ and be one traveller/ long I stood/and looked down one as far as I could/ to where it bent in the undergrowth’’
It was an event of grief when the world mourned the ill-fated airplane victims in Ethiopia. I was perplexed about the lives of those victims. And it was later in the evening a friend dropped; what I called a parcel of sadden news on my Whatapp. When I saw what he wrote; I was devastated. It was like a joke not until I saw the news spreading like a fume on twitter. That one of our columnist cum essayist had gone too soon.
Indeed the tragic news was the Ethiopian Airlines Boeing 737 Max 8 crashed six minute after take-off from Addis Ababa to Nairobi, killing all aboard, who were 157 people and Prof. Pius Adesanmi was visited by death. It is saddened to the world that we don’t pay attention to death than to giving priorities to imperfectness because this particular Boeing 737 Max 8 has once crashed six month ago.
So, unfortunate, that we lost two Nigerians, we lost two Irokos; one as an academia and the other one as a diplomat. I met Prof Adesanmi at the AKE Art Book Festival in 2015. His intelligence was overwhelming. He spoke with too much tenacity. Since then I have been following his writing and wanting to read his collection of essays title: Naija no dey carry last.
Well, death has made March to become significant. It has made the month to become a symphony to T.S Eliot’s poem, the wasteland. That March is now the cruellest month, breeding death out of land like what happened in Christchurch, New Zealand when unknown gunman killed 50 Muslims in their mosques.
When I heard this particular news on Friday and I saw the footage, I thought, it was scripted like grand theft auto game. Hence, I didn’t believe at first; and later I began to see trending news on twitter. This shows that our world is molested by racial people. Those who believe that killing is the best way to live a good life are mistakenly wrong. They have forgotten that it is not humanity.
However, let me say, that any kind of incessant killings like this or the one that happens in Kaduna over the weekend needs to be addressed not only by the government but by the whole world.
It is pertinent; that by now, the perpetrators of the New Zealand massacre have not been arrested. Are we saying no CCTV cameras in those mosques? Are they not human beings or do they come with a mask? Thank God for the Nigerian Iman, Lateef Alabi who made us to believe that the news was indeed truth.
Therefore, it is probably a theory of ignorance, when the police by now can’t identify the culprits. Yet, the world is still not finding ways to stop all kind of carnage; that is also an albatross to security policies. Well, this is not the fight of New Zealand alone because those who were killed have families. And the trauma could cause fratricidal or matricidal.
Maybe what an Italian philosopher, Antonio Gramsci said: ‘’ to tell the truth is revolutionary’’ which means, the United Nation needs to watch out for killings like this. It is awful. That people life does not mean anything anymore.
Well, in this same part of the world, it is still disparagingly wrong, that after our general election, what we should have next is what I called: blood relative in my poetry. Kaduna has become a death trap in our society. It has become a place where we mourn of envy and religion catastrophe.
Death even came like tidal wave with a tremulous wailing from residents and onlookers when a building collapsed in, Ita Faji area of Lagos Island. School pupils are mostly victims of the collapsed building. While some die, and few that survived where at the state hospital. Hence, it is so painstaking that the Lagos government and the ministry of housing are ignorantly not performing their functions. This was horrific event as many dead bodies were recovered.
So, the federal government needs to understand that causalities like this are not expected to happen in a society like Lagos. However, those pupils now have trauma of such a malign that bestow them. And the Lagos state government responsibility is to start a policy on building because the lives of those who reside in those buildings are part of the electorate.
In this vein, such a death replenished the atmosphere in the eastern Zimbabwe, killing at least 24 people. When I saw this news, I began to wonder why these tragedies come in March. Is it that the affected nations do not control their societal values? Meanwhile, the case of cyclone, In Zimbabwe and Mozambique, is that the two countries have not properly fund their weather science appropriately.
Perhaps, death that comes in March is a tragedy to humanity. It is also a worry to country like ours that we don’t know how to control our citizens and their heritage. Because I know, if our airlines are good enough, Prof. Adesanmi would have flown ours or if our country is good enough, Iman. Lateef Alabi would have stayed back than to face the gossamer of death in New Zealand.
We need to bring the country we want together and to make conversation because it is paramount to have a good system than to have death toil every month when citizens die like prey. Apparently, I think it is time we needed to provide security for our individualism— not to witness scourge.
A nation that refuses to understand the people’s welfare is already in precipice and it is a disgrace for Nigeria to fail even though her politicians are into the epiphany of misconception and all sort of imperial modulation. Still like theme of Jack London’s short story, ‘’to build a fire’’. We need not to build a fire but we need to build a monument for our country.

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COLUMNISTS

Spectrum: Tragedy of too many lives

Published

on

 

Anikulapo Macmillan

Sometime, death comes like a puritanical to us when we hear the news of our beloved passage. It is painful to lose family in a bizarre. And it is a bad feeling when the shock of such an untimely death comes to us as misfortune.  So, an English poet, Robert Frost, wrote vividly in his poetry: ‘’ and be one traveller/ long I stood/and looked down one as far as I could/ to where it bent in the undergrowth’’

It was an event of grief when the world mourned the ill-fated airplane victims in Ethiopia. I was perplexed about the lives of those victims. And it was later in the evening a friend dropped; what I called a parcel of sadden news on my Whatapp. When I saw what he wrote; I was devastated. It was like a joke not until I saw the news spreading like a fume on twitter. That one of our columnist cum essayist had gone too soon.

Indeed the tragic news was the Ethiopian Airlines Boeing 737 Max 8 crashed six minute after take-off from Addis Ababa to Nairobi, killing all aboard, who were 157 people and Prof. Pius Adesanmi was visited by death. It is saddened to the world that we don’t pay attention to death than to giving priorities to imperfectness because this particular Boeing 737 Max 8 has once crashed six month ago.

So, unfortunate, that we lost two Nigerians, we lost two Irokos; one as an academia and the other one as a diplomat. I met Prof Adesanmi at the AKE Art Book Festival in 2015. His intelligence was overwhelming. He spoke with too much tenacity. Since then I have been following his writing and wanting to read his collection of essays title: Naija no dey carry last.

Well, death has made March to become significant. It has made the month to become a symphony to T.S Eliot’s poem, the wasteland. That March is now the cruellest month, breeding death out of land like what happened in Christchurch, New Zealand when unknown gunman killed 50 Muslims in their mosques.

When I heard this particular news on Friday and I saw the footage, I thought, it was scripted like grand theft auto game. Hence, I didn’t believe at first; and later I began to see trending news on twitter. This shows that our world is molested by racial people. Those who believe that killing is the best way to live a good life are mistakenly wrong. They have forgotten that it is not humanity.

However, let me say, that any kind of incessant killings like this or the one that happens in Kaduna over the weekend needs to be addressed not only by the government but by the whole world.

It is pertinent; that by now, the perpetrators of the New Zealand massacre have not been arrested. Are we saying no CCTV cameras in those mosques?  Are they not human beings or do they come with a mask?  Thank God for the Nigerian Iman, Lateef Alabi who made us to believe that the news was indeed truth.

Therefore, it is probably a theory of ignorance, when the police by now can’t identify the culprits. Yet, the world is still not finding ways to stop all kind of carnage; that is also an albatross to security policies. Well, this is not the fight of New Zealand alone because those who were killed have families. And the trauma could cause fratricidal or matricidal.

Maybe what an Italian philosopher, Antonio Gramsci said: ‘’ to tell the truth is revolutionary’’ which means, the United Nation needs to watch out for killings like this. It is awful. That people life does not mean anything anymore.

Well, in this same part of the world, it is still disparagingly wrong, that after our general election, what we should have next is what I called: blood relative in my poetry. Kaduna has become a death trap in our society. It has become a place where we mourn of envy and religion catastrophe.

Death even came like tidal wave with a tremulous wailing from residents and onlookers when a building collapsed in, Ita Faji area of Lagos Island. School pupils are mostly victims of the collapsed building. While some die, and few that survived where at the state hospital. Hence, it is so painstaking that the Lagos government and the ministry of housing are ignorantly not performing their functions. This was horrific event as many dead bodies were recovered.

So, the federal government needs to understand that causalities like this are not expected to happen in a society like Lagos. However, those pupils now have trauma of such a malign that bestow them. And the Lagos state government responsibility is to start a policy on building because the lives of those who reside in those buildings are part of the electorate.

In this vein, such a death replenished the atmosphere in the eastern Zimbabwe, killing at least 24 people. When I saw this news, I began to wonder why these tragedies come in March. Is it that the affected nations do not control their societal values? Meanwhile, the case of cyclone, In Zimbabwe and Mozambique, is that the two countries have not properly fund their weather science appropriately.

Perhaps, death that comes in March is a tragedy to humanity. It is also a worry to country like ours that we don’t know how to control our citizens and their heritage. Because I know, if our airlines are good enough, Prof. Adesanmi would have flown ours or if our country is good enough, Iman. Lateef Alabi would have stayed back than to face the gossamer of death in New Zealand.

We need to bring the country we want together and to make conversation because it is paramount to have a good system than to have death toil every month when citizens die like prey. Apparently, I think it is time we needed to provide security for our individualism— not to witness scourge.

A nation that refuses to understand the people’s welfare is already in precipice and it is a disgrace for Nigeria to fail even though her politicians are into the epiphany of misconception and all sort of imperial modulation. Still like theme of Jack London’s short story, ‘’to build a fire’’. We need not to build a fire but we need to build a monument for our country.

 

@Babatunde_Mac

+2348076926109 or +2348090917041

 

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