Editorial
Centus Nweze: Metaphor for Nigerian judiciary, as PEPT decides on Tinubu’s fate
Chima Centus Nweze, until his death, occurred on Sunday, July 30, but formally went viral on Tuesday, August 2, 2023, was Justice of the Supreme Court (JSC) of Nigeria. He was appointed to the apex court, the highest career progression of judicial officers in Nigeria, by former President Goodluck Jonathan, in 2014, from the Court of Appeal, where he was elevated in 2008 from the Enugu State High Court.
A native of Obollo, Udenu Local Government Area of Enugu State, the erudite jurist, who was born on September 25, 1958, apart from being reputed to have had a sterling career, was seen as one of the most fearless judges in recent Nigerian history. In his about 30 years on the bench, which began after his appointment from private practice as a lawyer in 1995, he was one of the judges who had promoted the doctrine of justice must be done, though the heavens fall.
This was demonstrated in 2020, when he practically cried blue murder as he tried to rebuff what he saw as the attempt by his colleagues at the apex court to assault the temple of justice with one of the most unbelievably odious judicial pronouncements in the history of Nigeria, by handing the Douglas House, Owerri, to Hope Uzodimma of the All Progressives Congress (APC) in place of Emeka Ihedioha, of the Peoples Democratic Party (PDP), who had won the governorship election in Imo State and was sworn into office on May 29, the previous year.
He was the only one that gave a dissenting judgement, to say no, out of the seven justices that sat on the case, to hand over power to Uzodimma, who had come a distant fourth in the said election and who has remained in office since then. That singular outing, which was a demonstrable example of his ability to showcase braveness, had stood him out in the minds of many informed quarters as a man of courage and forthrightness.
But that reputation suffered a mortal blow, when on February 6, 2023, he read the lead judgement in in the case of Bashir Machina against Ahmad Lawan then Senate President on who should be the rightful candidate for the Yobe North Senatorial seat election. It was a three-two split decision judgement with Nweze on the majority side. Not only did he sanction the verdict, he stamped his authority with his gavel, after reading it.
Not a few Nigerians saw the outing of the erudite jurist and scholar as completely direct opposite to that of his firm stance in the Uzodimma case. For emphasis, Nweze had cautioned his colleagues to reconsider their position after Ihedioha had returned to urge the apex court justices to reverse themselves. In the dissenting judgement, Nweze, who had held that Uzodinma misled the court by crediting unverified votes in 388 polling units to himself, had warned: “This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come. This court has a duty of redeeming its image, it is against this background that the finality of the court cannot extinguish the right of any person.
“I am of the view that this application should succeed. I hereby make an order repealing the decision of this court made on January 14 and that the certificate of return issued to the appellant (Uzodinma) returned to INEC. I also make an order restoring the respondents (Ihedioha) as the winner of the March 9, 2019 governorship election.”
So, what happened that he could switch in such a manner so soon after? For one, going by the doctrine of justice must not only be done, but seen to have been done, many saw and still see the case of Uzodimma carrying the same weight as that of Lawan, in terms of misapplication of justice. They could not be bothered about the technicality upon which the late jurist and his two other colleagues relied on.
All what a completely stunned public could see was the meat of the case. Lawan, had contested the presidential ticket of the APC held in June of 2022 and by virtue of the Electoral Act of that year, was clearly not qualified as the amended act, had barred anybody from contesting for two positions in one election circle. So, what happened that Nweze, a known advocate could jettison this clear provision, in preference to mere technicality?
How could such a character with steely mindset on delivering justice at whatever cost be associated with such obvious judicial heist? That has become the basic question, which has been accentuated with his death. There are fears that the late jurist did not act out of self-will. There is a version that claimed that he was forced to deliver the judgement.
In fact, one account stretch the issue further, informing that, that singular outing that became a serious blemish on his otherwise blistering career quickened his death and sent him to his early grave, metaphorically and literally. First, it was said that he could not live with the consequences of what did to his conscience and reputation. Second, he was said to have been denied visa to travel to the US to attend to his health.
Unverified as it appears, what if that narrative is the true picture? What does it portend for the Nigerian judiciary? The answer is obvious. If someone as hard-willed as Nweze could capitulate under pressure, as it was alleged, who then could survive? Indeed, right from time immemorial, the case of the independence of the judiciary or lack of it, has always come to the fore in justice systems across the world.
While there is the belief that no judiciary is completely free anywhere in the world as judges are prone to external influence, the case of Africa, is considered worse, Nigeria being no different. In fact, the 1962 comments of George Sodeinde Sowemimo, in the celebrated treason trial of the late Obafemi Awolowo against the Federal Government, remains one of the most historic examples – what lawyers describe as locus classicus. Before the late judge sent the former Leader of Action Group (AG) to jail, he had prefixed his pronouncements with the expression – my hands are tied. Tied by what, whom? The answer has not been provided till date.
Ironically, Nweze’s death came hours to the conclusion of cases at the Presidential Election Petition Tribunal hearing the challenges of Atiku Abubakar of the Peoples Democratic Party (PDP), Peter Obi, his Labour Party (LP) counterpart and the Allied Peoples Movement (APM), against the declaration of Bola Ahmed Tinubu as winner of the 2023 presidential election by the Independent National Electoral Commission (INEC).
The PEPT at its last sitting on Tuesday, presided over the adoption of their final addresses by all the parties in the petitions and would now retire to give their judgement at a date they say would be made known the public. How far could the case of Nweze and numerous examples dotting the judicial history of Nigeria guide the judges to deliver their judgement? How formidable are the judges, both at the Court of Appeal currently sitting as PEPT, or the Supreme Court, if and when it gets to them, to withstand the forces of influence that would come, if any?
If indeed, Nweze was forced to capitulate to the level of not only acquiescing, but delivering the obviously integrity-questioned judgement, what might be the threat? From fiction stories in books like The Godfather, judges who were in the pockets of mafia gangs, were either willing collaborators or victims of blackmail or outright threat.
Such blackmails could be threats to expose their dark secrets, including lurid pictures of their making out with fellow men as homosexuals, or sleeping with other people’s wives or evidences of their involvement in high crimes such as murder or drug deals or outright threat of physical harm to them and their family members. How many judges could deal with the threat of the kidnap of their precious sons and daughters or the image of dark-goggled thugs hovering around their premises?
It is even more pronounced in Nigeria, where virtually everybody has one yoke or the other hanging on their necks, especially those in public offices, where official corruption is worn like a second skin. Whoever thought that Walter Onnoghen, would be thrown out as the Chief Justice of Nigeria (CJN), in such a sorry manner or his successor, Tanko Muhammed, with his fellow judges at the various levels including the National Judicial Council (NJC), either watching like rain-beaten chickens, unable to lift a finger or even leading the process to the end of the infamy?
But even so, are all hopes lost? What if the judges decide to damn the consequences? What if they decide to redeem what is left of the inglorious situation that has sent shivers down the spine of Nigerians? Again, Nweze provides an abiding answer. Whatever led him to make that perceived outlandish judgement, whether he was purely looking at the law or due to inducement or threat, the fact remains that he did not live forever and could have done otherwise.
Like William Shakespeare, wrote: The purest treasure mortal times afford is a spotless reputation. Would Nweze have reached the same decision or made the same pronouncement in the Lawan case, if he knew that he would die in less than six months after and thereafter face his maker to account for the talent he was given? The answer, as they say, is blowing in the wind.
Because nobody knows at which hour, it now becomes imperative, for those who want to preserve their names, the only thing mortal times could afford, is to do the right thing. For the judges in the PEPT case, would any lesson have been learnt? If indeed Nweze acted on external influence, where has it left him? If he was induced, where are the proceeds? If it was blackmail, would he have redeemed himself before his maker? If it was threat? Has he lived?
Today, Nigeria is standing on the edge of a cliff. A tip could see it crashing down the slope to the jagged rocks at the base. On the other hand, it could be pulled back from the brink towards the direction of hope and prosperity. Whatever it would be, the adequate judicial resolution of the 2023 presidential is key. The judges are therefore, central to whether the country would take the plunge or soar high above.
But one thing is sure, if for whatever reason, they allow the plunge, there is only one outcome – it would lead to two kinds of death – death of a country or death of human beings. In this, nobody knows who would survive. It is either the PEPT judges kill Nigeria finally or save it. What would it be? Would the judiciary destroy Nigeria or save it? Enough said!
It began less than 10 minutes after taking the oath of office. In his address to the nation, he uttered those three-letter words – subsidy is gone. The ink with which he signed the documents declaring him President was yet to dry.
That was it. From that moment, Nigerians have known nothing but poverty, tears and death. It was a declaration that came out of impulse rather than articulacy. It was not even contained in his original speech prepared for the occasion. But it sprouted out – from a rash, unthinking and impetuous mental construct.
But the effect was instant, the impact direct. From that moment, Nigerians have never known peace. Every thing took a cue. Minutes after, the news broke that the price of Premium Motor Spirit, otherwise known as petrol had jumped from N189 to N550. It was that instant. Today, it hovers around N1,500.
The effect: Within minutes, transportation cost quadrupled. So too, commodity prices. Caught unawares, marketers, who had earlier thought it was a day of the rains as customers rushed to their shops, soon became suspicious and then got wiser – these were not ordinary customers but smart alecs playing a fast one on them.
They stopped selling, retrieved the items they could from those who had not disappeared with their goods and closed shop to study the situation properly. Hours after, they responded. A plate of eba and soup, went up from N200 to N1,000. Prices hit the rooftops.
In fact, the vehicle transporting what used to be Nigeria, which had been moving at a horse and buggy pace in the days of Muhammadu Buhari, stopped abruptly, engaged the reverse gear and began galloping backwards. That has remained the ugly, parlous tale of the Tinubu days, since May 29, 2023.
Now, the expectation would be that the President and his government that wrought such a horrendous punishment on the polity, would themselves take some blows. But nada! Instead, the opposite was the case. Within months of plunging the citizens into the untold hardship Tinubu went on a binge, spending money – in the words of Olusegun Obasanjo, former President – like a drunken sailor.
Few weeks after, as Nigerians were reeling and gasping in pain from the impact of their new situation, 469 newly-minted Sport Utility Vehicles (SUVs), rolled out from factories in Japan, where they were produced into the premises of the National Assembly for the just inaugurated members.
Put the cost at N100billion – that is N160million for each unit, plus other charges. Reason: The lawmakers needed the vehicles because of their good suspension system, to navigate the so many bad roads in Nigeria. Yes, you heard right. How could they think well and make good laws after the hassles of the bad roads? Tinubu saw reasons, acquiesced and voila!
But it did not end there. Tinubu suddenly realised that Kashim Shettima, his deputy, needed a new home “befitting” his new office. Pronto! A voucher of N21billion was raised and he had it. Till date a haze still hovers over the project.
The last news that was heard was that Number Two refused to take residence because the entire environment, including the toilets was wired to the teeth to monitor him. And Number Two needed privacy.
Again, in the same weeks, Oga Patapata, also realised that Madam needed to transport more comfortably. Pronto! It was arranged. Another voucher was raised for cars for the Office of the First Lady. Cost N1.2billion. Of course, madam needed the comfort for peace at home.
Naturally, since transportation is not done by land alone, he also took care of that. For the sea, a yacht was procured. Cost N5billion. Because the birds in the presidential fleet were not good enough, Tinubu did the needful.
He enriched the fleet with the one befitting of his status and had it transformed to mimic the US Air Force One. To complete the status symbol project, he also added a replica of The Beast, the US presidential automobile.
Ironically, the funds used in procuring these luxury lifestyle, came, not out of productive ventures of Nigeria, but through borrowing. Today, Tinubu has practically borrowed Nigeria blind, doubling or even tripling that of his predecessors.
Meanwhile Nigerians had upped the ante from mere groaning and skreiching. Citizens, unable to take it anymore, now stop their hitherto sleek vehicles on the Third Mainland Bridge and plunge into the Lagos lagoon to end it all. The option is now more rampant than remote and occasional.
Many others, taking the Socrates option, now drink hemlock and many more simply sleep off without any intention of waking up. That is where we are. That is the new Nigeria – the Tinubu Nigeria. But there is more.
Terrorists and the landlords of the forest, having now discovered that the Commander-in-Chief has other fancies than security and welfare of the people – the constitutionally-declared primary purpose of government and scant regard for the citizens, have practically gone haywire. They have taken over and established their authority.
Presently, outside those wantonly slaughtered or butchered in their homes like animals at the abattoir, incinerated alive while sleeping on their beds, among other forms of decimation, many more citizens are now spending months, going to years as victims of captivity with them in various forests in Nigeria.
In their rampage, the terrorists have since broken all barriers considered out of place hitherto. One of their escapades is the present videos of the school children and teachers taken from Oyo State. The gory imagery captures the current Nigerian story.
For instance, on Thursday, just as the sound of heavy celebration was going on in neighbouring Ogun State as the world marked the Ojude Oba yearly carnival, two of the victims, one of them with a toddler on her back, were pleading for their lives, as others went through various forms of torture, including heavy whipping like beasts.
Don’t forget that the terrorists had earlier slaughtered one of their colleagues. In the new video, the totally terrified women, informed that they had chosen another victim to be similarly eliminated. Yet, no word about rescue! Terrible!
Interestingly, if not painfully, Tinubu’s response, in the few cases he bothered, was to see the crisis through the politics lens. His most recent reaction was to tell the world that the harvest of attacks and carnages ravaging the country, were sponsored by his political enemies, intent on shoving him out of power. That to him was all that mattered.
Now, where are your powers as C-in-C? They are mostly found in the most disgraceful economic and political acts of impunity. Nigerians now waking up to hear of the award of brain-dazing contracts such as the N15trillion Lagos-Calabar Coastal Highway and Badagry-Maiduguri Highway – with scant regard for official regulations, is now becoming more common than rare.
Few days after one of the teachers was beheaded and the video of the hideous act made to circulate on the social media, the President and his All Progressives Congress (APC), party, rolled out the drums of his winning the party’s ticket to contest the 2027 presidential election.
To say that it has been three years of weeping, wailing, mourning and gnashing of the teeth, is a clear euphemism. There is no starker way of putting it than calamity – pure, unmitigated catastrophe – disaster.
Then comes the big question. Nigeria is already breasting the tape of these ruinous years of the first term. Suppose Tinubu succeeds in renewing his tenure by January next year? Will Nigeria survive five more years of a life like the last three? What will be left of Nigeria? Is there a way out, outside shouting – God forbid!?
Now that Nyesom Wike, Minister of the Federal Capital Territory (FCT) has fully executed his plot against Siminalayi Fubara, Governor of Rivers State, where would it be placed in terms of identity, nuances, ethos and history? Where would it be placed in democratic arrangement and value? In other word, by what name would it be called?
So, this is what President Bola Tinubu’s much-advertised democratic credentials is all about? This is what being listed among the arrowheads in the National Democratic Coalition (NADECO), the body that fought relentlessly against the late Sani Abacha and his henchmen has finally come to?
Is this where “The Last Man Standing” – apologies Tony Elumelu – has ended up? So, after wedging an epic battle for and through Lagos State, against then President Obasanjo and practically defeating him, even if perceptibly, in all the struggles – such as running government without federal allocation for years and surviving the political onslaught that took away other South West states like a tsunami, it has come to this?
Don’t forget that it was this selfsame Tinubu that served as the bastion of opposition in Nigerian politics from when he was Governor of Lagos State, not only standing up against Obasanjo, but undertaking the relentless battles that led to the All Progressives Congress (APC), winning the war eventually in 2015.
So, this is what all the struggles, the speeches, the colloquia, the meetings and the strategies have come to – the end result? So, the definition of democracy, to Tinubu, is selling the dog to buy a monkey – replacing democratic bad-behaviour with democratic-heist? So, this is it?!
Make no mistake about it. What you saw play out in Rivers is nothing but Tinubu at work. It is all about him, it is for him. Never make the mistake of adorning Wike in the toga of a powerful man. That would be a fatal error of judgement. Every power he exercises, real, imagined, inferred or contingent belong to and are exclusive to Tinubu.
Take away the President and Wike would turn to a political meek-lamb or a jellyfish. Fubara would have eaten him for lunch a long time ago. So, Tinubu it is – the reason the klieglights must be beamed on him. That is why he must carry the can in this odious construct in Rivers in particular and the entire Nigerian political scenario in general.
With the picture that assaulted Nigeria regarding the APC primaries that have just held, what is different from the edition we saw in the Peoples Democratic Party (PDP) of old? Is it not worse or the worst in real and imagined terms? What then has Tinubu been fighting all these years?
Incidentally, where we have Wike today, we had Lamidi Adedibu, the Amala Politics exponent, Tony Aneni of the Mr. Fix-it fame and the Uba brothers in Anambra to whom the political firmament in Nigeria once bowed, among many plethora of examples.
So, there is nothing really new about the development, but for the fresh dimension that has been introduced into the narrative by the Wike phenomenon, which is totally novel. Before now it was a case of one behemoth in a political party rampaging the system.
But today, it has gone beyond that. Wike has developed the penchant for taking no prisoners. In his own strange construct, he has now coalesced the entire APC and PDP structure into his shoulder basket, from where he dispenses favours.
Imagine Kingsley Chinda, purchasing APC governorship election form, as a PDP federal lawmaker without first resigning from his original party. That is how wacky it has become. Wackier still is that nobody – not even the APC apparatchik has been able to raise a finger. Why? Obvious answer – the Tinubu factor.
Now, here is the danger. By the heist in Port Harcourt adding to the sequence of political oddities and absurdities since the Tinubu years, it has become obvious that Nigeria is headed towards a Paul Biya’s Cameroun, a Yoweri Musaveni’s Uganda and Zimbabwe under the late Robert Mugabe.
Tinubu, has shown obvious incapacity to tackle the parlous economic crisis in the country with 150 million Nigerians plunged into multidimensional poverty and many more growing the list daily, while also displaying uncommon powerlessness towards addressing the debilitating state of insecurity.
Under his nose citizens are daily being forced from their homes into the forests by terrorists, with some of them taken from their crutching positions, positioned before the camera and slaughtered – heads cut off like animals at an abattoir and video images freely displayed on social media.
Yet, by what has now happened in Rivers State, it has become obvious that Nigerians are not being factored into the whole equation and if they were, scant regard is paid to their opinion, ending in their powerlessness to change the situation. That is the tragedy!
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