Weep for Nigeria and its democratic experiment. I hope every judicial officer will learn from the CJN ‘s travails and strive to be upright in the discharge of their duties by dispensing justice without fear or favour.
When Saraki was undergoing trial at the CCT, I said it repeatedly on this platform that quorum was not formed, as such Saraki’s objection on that ground should be upheld. The matter went up to the Supreme court and our justices looked the other way and ruled against Saraki, insisting the CCT with just two members at the time was properly constituted.
Again, Saraki’s legal team equally raised the point that the CCT was not empowered under our laws to try criminal matters. Like it ruled in the first instance, our justices again looked the other way and ruled against Saraki. I pointed out then that the rulings were not based on any sound legal opinion but purely on sentiment. I was almost skinned alive for taking such a position. Today, some of those rulings are being lined up against the CJN.
Also, when Ekweremadu and Saraki were charged for an offence that only existed in the minds of the petitioners, nobody bothered because it was Ekweremadu and Saraki.
And Ekweremadu warned then that ” Let us make no mistake about this: it is not Senator Ike Ekweremadu or Senator Bukola Saraki or the other accused persons that are on trial; rather the hallowed democratic principles of separation of powers, rule of law, the legislature, and indeed democracy itself are on a ridiculous trial. Mere anarchy is unleashed upon the land, but our courage must not fall apart. No condition is permanent and nothing lasts forever.”Are we not seeing the effect today?
Make no mistake, while not saying it serves the CJN right, I believe that if the judiciary had stood to be counted at those critical moments, those trying to arrest the country’s constitution today may perhaps not have contemplated it.
Regardless, I am not in support of the current attempt to subvert our constitution. I also appeal to all lovers of democracy to rise up and be counted.
Onnoghen should face his trial, but it must be done the proper way. If he must be sacked too, the government should follow due process. Buhari may have good intentions. But any intention, no matter how good that is at variance with our laws and constitution must not be allowed to stand.
Note: This piece was first published January 26, 2019.
