Opinion
Law As Football
An old idiom which describes law as an ass, sends a wise message which would not fail to make an appropriate impression on individuals who can discern human shenanigans. Page 2 of The Tide newspaper of Friday, September 24, 2021, carried a headline news” “FG Considers Fresh Charges Against Igboho”. Oyo State High Court awarded N20 billion damages in favour of Igboho, against the Federal Government, arising from an action of the Department of State Services (DSS).
The news report said that the judge, Ladiran Akintola, had awarded the money as “an exemplary and aggravated damages” against the AGF and the Department of State Services, over the invasion of Igboho’s home in Ibadan on July 1. In a reaction to that judgement, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, speaking in faraway New York, said that FG may file fresh charges against Igboho. The position of the Federal Government on the judgement was about law and jurisdiction.
In the words of the AGF “As far as this matter is concerned, which court is it that has the jurisdiction to determine it?” Surely, within the context of obedience to court orders, there are associated rights and interests that are vested in the Federal Government. Apart from rights of appealing against that Oyo State High Court judgement, the AGF made other allusions. They include “right to file an application for setting aside the purported judgement” and “possibility of filing a fresh action”, including the jurisdiction of the court that gave that judgement.
The fact that Malami made statement on the Oyo State High Court judgement from New York means that the Igboho issue is not confined within Nigeria. What is the grouse of the Federal Government of Nigeria against Sunday Igboho? He is referred to as an agitator, wanting to split the unity of Nigeria. Invasion of Igboho’s house at night by security agencies resulted in the loss of a human life, but Igboho could not be arrested there and then.
While Malami was speaking in New York on the judgement of an Oyo State High Court that awarded N20 billion in favour of Igboho, there were other agitators insisting on a protest at the United Nations General Assembly, on September 24. Chairman of Nigerian Indigenous Nationalities Alliance for Self-Determination (NINA), Professor Banji Akintoye, spoke for various Nigerian agitators in diaspora. There were Yoruba and Biafra agitators as well as Middle-Belt groups insisting that the Federal Government would not stop their protest at the United Nations Headquarters in New York.
There was an allegation that the Federal Government of Nigeria planned to sponsor a counter-protest, but a vital question to ask is: What is “Million-Man Freedom March” all about? Why agitations from various quarters under NINAS? In the catalogue of the complaints of the agitators are that “the 1999 Constitution of Nigeria was a fraud against the people of South and Middle-Belt”; that “a Fulani militia group masquerading as a trade union, Miyyetii Allah, should be declared as a terrorist organisation”.
There was a news report that “The Grand Finale of the NINAS Million-Man Freedom March holds on September 24, 2021, the day President Muhammadu Buhari will be addressing the 76th Session of the United Nations General Assembly”. The goal was to “show before the world the crimes against humanity, attacks on press freedom, free speech and other criminalities being aided by the Muhammadu Buhari-led government of Nigeria”.
NINAS Director of Public Communications, Mr Maxwell Adeleye, was quoted as saying that, “no matter how the Nigerian Government try to scuttle the NINAS Grand March, the will of the people shall prevail”. He went on to say: “We refuse to be rattled. We shall not be intimidated. No oppressor has ever triumphed against the collective will of the people…” The international community is being told by the agitators that there is a “rape of our ancestral land and hijack of our assets and sovereignty by the Fulani-controlled Nigerian Government”.
Current agitations in Nigeria by various ethnic nationalities would call attention to past experiences in apartheid South Africa, when courts and security agencies were partners in oppressive practices. A situation where decisions and judgements of courts would turn legal institutions into the status of an ass or a football, portends ill for human freedom. Like the VAT issue, would the judgement of Oyo State High Court; awarding Igboho N20 billion damages, become an issue of appeals, litigations, interpretations and intimidations? Why threat of fresh charges against Igboho because a court awarded him N20 billion damages? Agitation can become a treasonable offence!
In the early days of formation of the Central Intelligence Agency (CIA) of the United States of America, some of the activities of its operatives resulted in litigations and award of damages in favour of the litigants. If in Nigeria we continue to have litigations involving “exemplary and aggravated damages” in which the Federal Government would have to pay some billions of naira to litigants, perhaps our security agencies would be less combative in their operatives. Unfortunately, court judgements which go against the establishment can be taken as brazen affronts.
Recent experiences with regards to judgements involving political litigations give us the impression that the law can be interpreted and treated like a football. A football is for everybody, players and non-players alike, yet, it is for nobody, in the sense that it can be kicked about by anybody, inside and outside a football field. Without going into various allegations made against several administrators of the legal system, at least gossips are many about judgements that conflict one with another. Judgements have been known to be written at night and sometimes under gun-point or threats.
Rising agitations coming from various ethnic groups in Nigeria have become such that they should not be addressed by threats, intimidations, or swept aside as irrelevant. The Guardian newspaper of Friday, 13 June, 2008, published an open letter by Ethnic Nationalities Movement, a part of which read: “We of the Ethnic Nationalities Movement say with emphasis that Nigeria will not be re-colonised either by foreigners or by gangster leaders”.
By: Bright Amirize
Dr Amirize is a retired lecturer from the Rivers State University, Port Harcourt.
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