In his play, “The Tragedy of Hamlet”, William Shakespeare wrote, “God has given you one face, and also you make your self one other”.
Shakespeare highlights the duplicity of pretenders, as famous within the quote above. Equally, Aristotle, one in every of historical past’s biggest thinkers, addressed the character of pretenders in his moral writings, stating, “The least deviation from reality shall be multiplied later.” He emphasised the significance of authenticity, warning that pretence can result in vital penalties. This idea resonates in Nigeria, the place the elites seem caught in duplicity. On the similar time, peculiar individuals undergo from poverty, subjugation, and a lack of know-how concerning their rights. Many are unaware of their elementary rights as residents, additional exacerbating their sufferings.
Nigerians in any respect ranges are very egocentric, self-centred individuals. Disgrace on our Nigerian Police, DSS, Army and different Safety businesses, and even the Legal professionals, whether or not from Public or Personal Bar, for our complicity within the problems with turning a blind eye to the plight of peculiar males in Nigerian society. The present thorny subject issues the so-called Treason Expenses in opposition to minors earlier than the Federal Excessive Court docket Abuja. The Judges within the Federal Excessive Court docket, Politicians, Legal professionals, Police, DSS, Correctional Service Centres, Clerics, Governors, President and different Stakeholders have the eyes and the conscience to detect proper from incorrect when minors from their respective constituencies have been arrested by the police and different safety businesses and handed them over to the Police Headquarters Abuja for no matter purpose recognized to them.
Within the eyes of Nigerian elites, self-preservation comes first, and we’re all complicit and never able to see and act in truth with braveness and concern of God. It’s not throughout the author’s contemplation that individuals who commit crimes mustn’t face justice, No! removed from that, however there shall be decorum, decency, equity, and equality between residents, and no discrimination between white-collar crimes and different crimes when it comes to therapy. There ought to be no disparity or preferential therapy between crimes dedicated by individuals in society.
The Nigerian Authorities remains to be unable to successfully battle and defeat corruption and bribery, banditry within the North-West, and the Biafra Mondays sit-at-home in South-Jap Nigeria, in addition to different kidnappings and felony actions within the South-West and South-South areas of Nigeria.
There may be solely lip service paid to addressing nationwide points and challenges. The Buhari authorities and now the Tinubu authorities might faux to be combating these menaces, but all terrorist actions and felony acts stay unabated. We dare to arrest, detain, and “prosecute” (to solely God is aware of how lengthy) Nigerian protesters, even when they’re adults. Nonetheless, the Nigerian navy can not defeat ragtag bandits and different criminals in Nigeria.
The earlier we realise and settle for our collective failures, the higher.
We might argue in regards to the legality and the remainder of the purported Expenses of Treason attracting the demise penalty in opposition to these minors and even the majors amongst them. Sure! The demise penalty, you heard me proper. Nonetheless, the very fact stays that these people and the youngsters are sons of no one, which is why the politicians, legal professionals, judiciary, police, and Nigerian correctional companies centre (if detained of their services) officers have all the time remained adamant about these sorts of injustices. Though I need to admit, one will typically discover a semblance of sympathy from the correctional companies officers, way more so than from the police. Nevertheless, that is additionally with out prejudice to the entrenched corruption and the denial of applicable meals to inmates. Whether or not it’s the fault of the Authorities or the correctional companies officers, the duo know finest. However simply think about if my son or yours (as elites) have been both delinquent or occurred to be within the incorrect place on the incorrect time, together with the son of the police prosecutor who shamelessly addressed the press, asserting that he’s prosecuting treasonable offences for an try and topple a democratically elected Authorities of Nigeria. Would we be arguing from the identical perspective and making an attempt to put issues into the so-called authorized perspective on the legality or propriety of arresting and detaining minors over the so-called hoisting of Part 37(2) of the Legal Code, which is punishable below the South a part of Nigerian Regulation and Sections 410 – 413 of the penal code; Chapter P3 of the Penal Code (Northern States) Federal Provisions, which is relevant in 19 Northern States of the Federation; the Russian flag or every other international locations? One factor is evident: the elites lack empathy and compassion for peculiar Nigerians. These are usually not simply values however the basis of a simply society. We’re slowly drifting right into a failed nation, but we’re nonetheless deceiving ourselves with falsity and impudence. It’s obvious, as expressed by revered authorized luminaries comparable to Chief J.B. Daudu, SAN, who expressed concern in regards to the chance that the offences alleged may have been mere offences comparable to breaches of public peace, illegal meeting, and customary offences of theft, and so on., below the penal codes of the respective states the place the offences have been alleged to have been dedicated. Nevertheless, due to the same old impunity of the Nigerian police and different safety businesses, the defendants have been moved and detained within the FCT, Abuja, below the guise of treasonable offences throughout the jurisdiction and competence of the Federal Excessive Court docket. Additionally, Mr J.B. Daudu, SAN, submitted that the Legal professional Basic of the Federation has no locus to cost the minors and the defendants for offences dedicated inside their respective states. This shall be an argument for one more time. Nevertheless, the million-dollar query is, “Why have been they (minors & Co.) not charged earlier than the Federal Excessive Court docket within the respective states the place they have been alleged to have dedicated the offences, comparable to Kaduna and Kano, the place there are two (2) and three (3) resident Federal Excessive Court docket judges, respectively?” In my humble opinion, the minors have been faraway from Kano and Zaria and detained in Abuja as a part of a troubling sample amongst Nigerian safety businesses. This apply seems to be aimed toward oppressing, intimidating, and dehumanising these people whereas additionally serving the pursuits of the safety businesses to create a beneficial impression on the Tinubu Authorities. Such actions appear to try to masks these businesses’ vital shortcomings in efficient intelligence gathering and utilisation.
Nigeria is a rustic of charlatan elites: legal professionals, judges, politicians, so-called elders of the nation, human rights activists, and non secular clerics. Some got here out to oppose the Finish Dangerous Governance protests based mostly on the rise in petrol pump costs and the excessive value of dwelling, calling on individuals to be lawabiding followers, however they later deserted them once they have been arrested and detained. It’s a professional expectation for individuals to demand accountability and empathy from their leaders and authorities. As we all know, the so-called elders and the clerics have all the time been imploring residents to be affected person and understanding and overlook shortcomings and harsh Governmental insurance policies. Nonetheless, none did the identical in calling the Tinubu Authorities to forgive and overlook the wrongs of those so-called EndBad-Governance protesters. Why so? I can not perceive! It was solely when it grew to become a Nationwide and Worldwide embarrassment to the Nigerian Authorities that President Tinubu rapidly requested the Legal professional Basic of the Federation to terminate the phantom Treason expenses in opposition to the minors after being detained for over 2 months. Due to this fact, It’s excessive time for the leaders and the elites in Nigeria to cease these pretences and begin being real and trustworthy in taking within the plight of peculiar Nigerians. Nigerian establishments, leaders, and most clerics all the time concern themselves with guaranteeing they don’t provoke the anger of the self-aggrandised and serving pursuits of state governors and the president, versus justice, honest play, and nationwide curiosity, as a result of these two units of individuals maintain individuals’s assets of their fingers. However there’ll come a time once we pays dearly for our silence and complicity. Nevertheless, there should still be time for us to alter this narrative.
The judges and legal professionals able to do what the State Governors and the President need in any respect prices will need to have a rethink for the Nation’s future and our peaceable dwelling in Nigeria. Nigeria is a rustic the place courts resolve political circumstances with all seriousness and pace and determine to disregard the rights of peculiar Nigerians to be tried pretty and with dispatch. A rustic whose system and the judiciary give choice and a spotlight to political and election-related circumstances over and above the elemental human rights of individuals to be tried pretty, with dignity and all of the swiftness required is heading to doom.
Surprisingly, the prosecutor of the purported Treason expenses in opposition to the Finish-Dangerous-Governance minors had the audacity on Nationwide TV to say that the defendants weren’t minors however have been adults who didn’t need democracy to thrive in Nigeria, and so they needed to finish the democratic authorities in Nigeria! So what? What has democracy performed to Nigeria? Other than squalor, hardship, corruption, and chauvinism and so on.? It’s a elementary proper to precise oneself, “I don’t just like the Nigerian sort of Western liberal democracy”, and “I stress and affirm that Western liberal democracy shouldn’t be and has not yielded any constructive end result for Nigeria and Nigerians” from 1979 – 2024. However it solely serves the curiosity of the egocentric demagogic politicians who add no worth to the nation however corruptly and unjustly drain its assets; the Western liberal democracy has woefully failed in Africa. I problem anyone to contradict me that the Chinese language or Russian sort of democracy has not performed higher for his or her nationwide improvement than what liberal democracy does to the nationwide improvement of virtually all African international locations, significantly Nigeria. Be that as it could, the order for the discharge of the minors by President Tinubu is a direct slap to the pathological and shameless lies of the police prosecutor who publicly, with out conscience and concern of God, got here out to argue that the defendants they charged to courtroom for the purported offence of treason weren’t minors. What a humiliation to the police prosecutor, amounting to a transparent breach of the rule {of professional} ethics for all legal professionals.
We might recall, whether or not we prefer it or not, the Borno State’s Boko Haram insurgency and its multiplier results on the entire Nation for nearly 5 years have been ignited first by injustice and the taking of the regulation into the fingers of some policemen in Borno State Command when in July 2009, they extrajudicially killed Mohammad Yusuf (Ex-leader of Boko Haram Terrorists) after the Nigerian navy captured and handed him over to the Nigerian police for interrogation and doable prosecution in regulation courtroom; up until now, there was no authorized account or repercussion for the failure of the police to comply with due course of within the execution of the chief of Boko Haram. If care shouldn’t be taken, that is what may also occur to the arrest, detention and arraignment of those dehumanised and malnourished minors over a phantom cost of Treason. I consider what aggravated the ordeal of those minors is that they’re of Northern extraction, whose politicians are cowards and can’t communicate out for his or her individuals in opposition to injustice so as to not be accused of opposing the Federal Authorities or be refused juicy positions within the Senate, Nationwide Meeting and the Tinubu Authorities. Alas! Aside from Senator Ali Ndume!
It’s time for the Nigerian judiciary to be extra responsive, rise to its duties, and guarantee it curtails the excesses of the Nigerian safety businesses and the Nigerian police particularly. The rule of regulation and equality earlier than the regulation ought to be the watchword of the Nigerian judiciary, not simply to please Governments in energy, whether or not Federal or State. I stand to be contradicted; not one of the state’s judiciaries have the center to present judgment(s) in opposition to state governors/authorities when the state governor/authorities is critically and actually fascinated by a matter. Lately, there have been states the place the state governments demolished properties value billions of Naira. Nonetheless, the state’s judiciary couldn’t reside to its sacred obligation and provides respite to the victims of illegal demolitions by not less than granting interim restraining orders pending listening to the substantive matter, as many functions had been turned down, not basing causes for refusal on any sound judicial and equitable foundation. It’s noteworthy that, in regards to the stated land circumstances within the state, a Excessive Court docket choose declined to grant an ex parte order permitting for the Govt Governor to be served with courtroom processes via substituted means by way of the workplace of the State Legal professional Basic. This resolution was influenced by the undue and unwarranted concern and apprehension exhibited by sure judges within the state, leaving the Plaintiff/Applicant with the one choice to serve the Governor with the courtroom’s paperwork personally. How and which governor of a state in Nigeria might be served personally with any courtroom course of? Nevertheless, the identical functions exparte have been made earlier than the Federal Excessive Court docket within the state have been granted, and even judgements in opposition to the state authorities got. The state authorities was ordered to pay Billions of Naira for the breach of the rights of the Candidates as compensation. Had that state’s judiciary summoned braveness with concern of God and handled the state authorities and the candidates equally earlier than it, the wealth created within the state and the properties value Billions of Naira wouldn’t have been misplaced, and the general public fund would have been spared from being paid as judgment money owed and compensations. Judges ought to be fearless and free from any consideration aside from concern of God and justice upon which they took the oath of workplace below the structure of the Federal Republic of Nigeria, to do and deal with each individual and authority in Nigeria equally with out concern or favour. Can it’s stated that each one Nigerian judges are fearless and uphold the size of justice evenly when listening to and figuring out circumstances the place the State or Federal Authorities has a severe curiosity within the matter(s)? I’ll unequivocally reply with a capital NO! Even the place some readers disagree with the opinion expressed by the author on this write-up on this level, the conscience of a complicit choose would whisper the reality into his thoughts to prick it as to the truthfulness of the assertion.
The judiciary in Nigeria has a accountability to examine and alter itself for the betterment of this nation by taking daring steps, simply as in July 2024, the Nigerian Supreme Court docket took big strides with its resolution within the case of AG of Federation v AG Abia State & Ors, which compelled all of the state governors to conduct not less than a sham and unimaginable native authorities election, not less than to entry federal allocations of native governments of their respective states. However in the identical vein, some judges and safety personnel (although not many in Nigeria) are worthy of salute as a result of they’re brave and uphold fairness and justice for one and all, no matter which case is earlier than their courts. Sadly, these judges are usually not assigned circumstances by their chief judges involving issues by which the federal government is . The explanations are usually not far-fetched; reasonably, the shortage of monetary independence and politicians being adept blackmailers who all the time discover methods to scandalise the chief judges. These narratives should change to allow our nation to develop and progress as in different international locations the place the judges and the judiciary are brave. There isn’t a doubt that the Nigerian judges are good, however their efficiency is hindered by corruption and the components highlighted above.
It’s pertinent to additionally applaud social media and the journalists, regardless of their shortcomings and their preliminary complicity in retaining mum over the detention of the minors earlier than the defendants “dramatised” and employed self-help ways, which yielded outcomes and drew the eye of each nationwide and worldwide media to their unfair and unjust detention linked to their arraignment on the so-called Treason and Treasonable expenses. However, the journalists should be counseled for doing job, which compelled shameless politicians, legal professionals, and different spiritual clergymen to leap into the fray and instantly start to make use of it as a propaganda or political device to assault the federal authorities, as a substitute of trying inwards at our nonchalant attitudes in direction of the issues and plights of frequent males within the nation. These hypocritical pretences have led us to the place we at the moment are on this nation. The origin of the banditry by Fulani kinsmen in Nigeria was a results of neglect and injustice meted out to them in connivance with the native Police, Magistrates, Space/Sharia courtroom judges, and native chiefs who usurped and bought grazing lands and colonial cattle routes, making their livelihood and survival unimaginable. Nevertheless, Nigerian leaders and authorities appear to not have realized classes from historical past, however time and posterity will choose us as a nation that succeeds or fails!
I’ll finish this write-up by saying that whether or not we take or dismiss this piece (write-up) critically, the reality should be informed, and it’ll certainly present itself sooner or later!
Prof. Nasiru Adamu Aliyu, SAN, writes from the Division of Public Regulation, Bayero College, Kano: nasiraliyu@gmail.com, +2348035883225.
