Justice Nigeriana
By
TO most of our countrymen and women, democracy is only about organising and winning elections either by hook or crook, as happened in the election charade where those who won elections were denied victory in favour of the defeated. But as we all know, election is only one tiny aspect of democracy. Its equally important elements are respect for the rule of law and the due process, the equality of all citizens before the law, fairness and justice for all. These are some of the key elements of democracy as practised worldwide.
Very painfully, we lack these core elements of democracy. If we care to reflect very seriously and deeply, we have every reason to worry that our concept of justice is taking an ethnic dimension and many are bound to perceive it so. Since the past four years, or so, some prominent Nigerians have been in prison custody, some of them on allegations of attempted murder. In fact, the accusations border on the allegation of abetting and not actual participation in attempt murder. I am referring to the cases of the most serving political prisoners under this dispensation, General Bamaiyi, PC Danbaba, Major Hamza Al-Mustapha and four others. Months after their arrest and detention, the police declared Gani Adams, one of the leaders of the OPC terrorist group, wanted for allegedly master minding mass massacre of innocent persons in Lagos.
For almost one year, the hunt was on. When finally he was arrested, some Yoruba leaders urged their people to remain calm, as he will soon be released. True to this assurance, Adams never spent more than two months in detention before he was released and discharged. Justice Abutu, who tried the case, held that he had no alternative but to discharge him since government was no longer interested in prosecuting him. It is curious and baffling that the man on the police wanted list, for one year, got government to be uninterested in his case, which involved mass murder and genocide!
Judicial matter
It is also worthy to note here that this also applied to the case of Faseun who was also immediately released after his arrest for the same offence. Now, we are about witnessing another round of similar judicial matter. Former deputy of Osun State, Iyiola Omisore who is standing trial for alleged involvement in the murder of Chief Bola Ige, former attorney-general and minister for justice, under Obasanjo, may likely be released on bail soon and perhaps may be acquitted of the charges against him. Already, Omisore has "won" an election into the Senate while in detention, the first in our history. Recently, former Internal Affairs minister, Mr. Afolabi, reasoned that it was improper to prosecute those who allegedly murdered Bola Ige while nothing has been done to those others who murdered a House member from the same state.
But the point at issue here is that according to media reports, Omisore, due to Abuja connection, has been receiving kingly and VIP treatment while in detention with the added insinuations that pressures are being put to drop all the charges against him. Then there is the issue of not appreciating the immoral conduct in rigging an election in favour of someone facing murder charges, which may involve capital punishment. Curiously, nobody seems about raising issues out of this immoral conduct as everyone has lost his voice. The Yoruba Council of Elders has, in fact, given its tactic approval even, as it is the creation of the late Bola Ige. At best, Afenifere has been silent. The South West media, who saw Ige as the replica of their mentor, Awolowo, have since lost their voices except for the Tell magazine. There appears to be a conspiracy of absolute silence over this immoral development and one begins to feel for Bola Ige in his grave.
More in focus is that here is Omisore, facing murder charges, being accorded VIP treatment in detention such that he could win a Senatorial election while therein and about to be granted bail while those who served this country for years and are facing only attempted murder charges, or accusations of same have remained in detention for upwards of four years, with every conspiracy efforts made to deny them bail! Now, ask yourself, what make it right for Omisore to win election in detention and about to get bail and wrong for Bamaiyi and co to be treated likewise? Why are pressures being put to have charges of murder dropped against Omisore while nothing of the sort has been done to others? Which is worse, is it to face murder charges or attempt murder charges? We can see the ethnisation of our concept of justice and some of us do not see anything wrong in this! When justice becomes a commodity that could be purchased with the currency of ethnicism, society faces serious aberration of a dangerous dimension. To release Omisore, on bail, without doing same to Bamaiyi and co is a serious immoral conduct no matter from which angle one looks at it.
Meanwhile, I want to note the position of the Supreme Council for Islamic Affairs that the just concluded elections were free and fair with the police playing a noble role. It is premature for me to speak on this stand now until I get the full details and satisfy myself that such a highly respected religious body will sanction injustice and the wanton arrest of members of the opposition for resisting the committal crime. If it is true that the organisation actually said this, then the conclusion is that its members have they that the elections were free, fair and transparent? I believe most sincerely, that our traditional rulers cannot sell themselves cheap. None of them is capable of this. I do not know of any traditional ruler that see injustice and call same honest conduct. Nigerians have never had such eminent traditional rulers.
Is it not interesting that while Obasanjo was in Zimbabwe to reconcile President Mugabe with members of the opposition, he is busy here at home throwing his own members of the opposition into detention with his party chairman threatening to ‘crush them’ as dictators do. If Obasanjo cannot reconcile with his own opposition, if all he could do is to throw them into detention and if all his party members think is to ‘crush them’, what moral authority has he got to teach Mugabe how to manage the opposition? It is a lesson for African dictators to know that you cannot force yourself on a people through dubious anti-democratic practices and except people to be sheepish to the undermindment of their democratic rights and no amount of threats and the use of force could force them into submission. That I know.
May 2003