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Ganiyu Adams: Between politics and law By
I’m writing with the customary self-preservative warning about the limits of both author and topic. I am neither a lawyer, nor a legal academic in the strict sense. So I’ll define my terms, acknowledging that my thinking focuses more on the concept of peace, its components and security sector reforms. However and importantly, I am a pragmatist. Those I work for and with look to me to produce results- by analysing how systems work. Consequently, a lot of my concepts are formed guided by experience post research and analysis from demands and pressures placed upon me.
Of interest here to me is the recent capture of Nigeria’s most "wanted man"-Ganiyu Adams-the Odua People’s Congress- "OPC" leader. For intent and purpose I’ll here refer to him as Mr. Adam’s. Of interest to me is Mr. Adams declaration, "I am a freedom fighter" while appearing before the law courts in Lagos last week to face charges ranging form murder, armed robbery, to disturbing the peace and I’m later suspecting treason.
Interesting is his declaration as a "freedom fighter" for this declaration to a large extent widens the scope of context regarding his arrest, prosecution, the OPC and the rule of law. To a certain extent and in my rabid conception of law and inviolability of rights, I’m thinking with strategic planning and execution; Mr. Adam has a winnable case. Winnable in the sense that he won’t be sent to the gallows at least. I’m conscious that accusation aside, issues aren’t really defined. There are still so many legal gray areas, and authenticating evidence, accusations and issues from a legal and moral perspective will be challenging, thus my title " Mr. Adam’s: Between politics and law".
Successfully prosecuting Mr. Adams will be a daunting task and test to the Nigerian legal and socio-political system especially in democracy.
Today, in Nigeria as in most countries, "Rules and Systems" which I’ll define as laws and socio-ethno-political mechanism’s developed for earlier times and on simpler premises, are under enormous socio-political strain. Institutions like the law courts-albeit whole "justice system, part of what I’ll term the public safety equation-part of a triad of sort whose other elements include the police and penal (corrections) system, is becoming a crucible through which new power relations and understandings of society are being defined and forged. A crucible where contending values interactively strive for primacy and reconciliation.
In Mr. Adams case, having drawn much media attention during his period of "flight" from the law, the small decrepit courtrooms in Lagos Island where he might appear as an accused for trial assumes "holistic" importance even as our challenged legal system seeks to mitigate what I’ll term "proportionate justice"?
Interestingly, I perceive an attempt at speedy trial by prosecutors as against ongoing proceedings at the "Oputa commission" where some "defendants"-innocent till proven guilty as always (though non-applicable in Nigeria), appear above the law.
My fear is the type of justice Mr. Adams will obtain from the law courts with pressure being applied on the system to subvert due process and make Mr. Adams a scapegoat and deterrent. Ironically, as other societal components and systems fail, exhausted by burden. The law courts burdened and stretched between the devil and the deep "blue sea" once again has to deal with matters with huge political undertones. Once again the judicial system is cruelly exposed to the systems duplicity of interest in ethno-political matters I dare to say.
My thoughts are that to ensure justice and equity, Mr. Adams while being charged before the law courts, be allowed to also appear before "Oputa commission" because the undertones of his case is more political. My fears are that a trial in the law courts may result in "justice"; at this point, but the proportionality of the justice might escalate unforeseen sentiments leading to possible anarchy in Lagos.
Retrospectively, fortune as in timing is with Mr. Adams, under military rule; Mr. Adams would have been thrown before a tribunal or kangaroo court of sort for treason, found guilty without much ado about due process, and executed. But times have changed, and except he’s complaining about being chained to the floor even having informed the arresting authorities of his asthmatic condition. Due legal process appears followed.
A "catch 22" situation really for both parties. For Mr. Adams, many applicable articles especially under the Human Rights Charter and Humanitarian Law will facilitate his case especially on the premise of having declared himself a "freedom fighter"?
Even if Mr. Adams doesn’t win in the law courts, which I think he has a chance of. He may become a hero if his defense team develops a good strategy for his defense-by the way the notion of 10, 30 or 50 lawyers appearing on behalf of an accused aside being symbolic has no direct legal leverage, maybe political, but not legal.
In my opinion, by exploiting many peripheral circumstantial sentiments, I’m thinking it’s anyone’s victory. Mr. Adams has a good chance at least for a good fight even if the prosecutors secure the passage of a law, or the making of an order to facilitates their case. The question would be at what price? After all, Mr. Adam’s is the product of "our" valueless system.
"Anyways", It’s now evident, that even as citizens, we be aware of the values of system, society and polity and their inter-play. Especially in the societies in which we live and work. But also its expedient that facilitators of this system understand that citizenry makes society and without society there wouldn’t be a need for a system. So importantly the result of our labour should be infused with values justice and fair play. I personally have never seen law and politics as two separate entities, more so in Mr. Adams case. Perhaps this is because I work in what I’ll call an "edge habitat", a habitat where values and aspirations contend and collide, sometimes resulting in conflict of interest.
Case specific to Mr. Adams, before any misconception of intent, state that I simplistically see politics, as the art or science of government, dealing with the form, organisation and administration of a state or part of a state; so the legal system is part of the political system, and law and its making are part of politics.
In my opinion, the inter-play between determining the relation between the factors that make, elucidate, apply, enforce, or change law in my referred to "edge habitat" will to a large extent determine Mr. Adams fate. How sad? In a sense, Mr. Adams is everyone’s pawn. A goldfish or rallying point to some, and a rodent to others. Actors in this inter-play-Adams and prosecutors and both the legal and political systems have a lot at stake in determining who gets "justice" or equity and they will determine who does. How justice is achieved and what it is are other inquiries altogether.
Its so difficult because in a sense even uneducated Nigerians approach legal or political issues with ideas about what justice should be, often seeking "justice" as defined by their own self concept or by means of their case. Implying one doesn’t have to practice law to learn that individuals have widely variant ideas of justice, ranging from retribution to vindication to reparation to recognition, and beyond.
Our legal system has traditionally tried to deliver justice to individuals when non-compromised so in Mr. Adams I’m hoping the political angle is considered to make for equity in justice or at least to add up, perhaps, to some overall idea of justice.
In my view, as the inter-play between socio-ethno-political factors interactively search for "justice" either for state or Mr. Adams. It is imperative we all see the morality of the OPC issue and not allow Mr. Adams, a pawn, to bewasted as a deterrent.
NB, As per Governor. Tinubu’s attempted resort to the OPC, as an optional security mechanism for Lagos state-Note not law enforcement but "security". My take is, multi-track approaches applicable to other facets of life should be exploited in resolving challenges especially that caused by Nigeria’s numerous conflicts. Governor Tinubu’s idea was good. The disconnect being his non-proper communication to his constituency-the people as per the benefits of facilitating the OPC to assist with securing the peace.
The law enforcement mechanism in Nigeria is challenged and a multi-track option such as that offered by groups like the OPC should be considered even if their capacities are solely exploited to facilitate law enforcement agencies. September, 2001
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