News
Justice is what the people say
By Abraham Ogbodo
I have known Dr. Reuben Abati almost from the cradle. We were not only in the same university but the same department. When he was leaving University of Calabar in 1985, he had in his bag, all the prime prizes. The best graduating student of the University which meant he was also best in the Department of Theatre Arts and the Faculty of Arts. I can therefore say without fear of being contradicted that he is not pretentious. He is brilliant; intellectually loaded to the brim. He left two years ahead of me which does not in any way suggest he is older. He was apparently faster and more brilliant. His law degree at the Lagos State University was a latter day addition after he had earned his PhD from the University of Ibadan and in fact already on the Editorial Board of The Guardian Newspaper.
Of late however, Dr Abati has been projecting rather too forcefully his legal background on the Morning Show programme on Arise TV which he co-anchors with two others. He gets tutorial and even magisterial as he pushes through all the fine points of law when occasion calls for it. He was at his best last Friday following the Supreme Court’s affirmation of the election of President Bola Ahmed Tinubu in the February 25 presidential election and dismissal of the appeals of the PDP and LP candidates, Alhaji Atiku Abubakar and Mr. Peter Obi the day before.
Altogether, Abati sounded as if law is not also common sense. As if procedural law is sacrosanct and no matter the weight of evidence, a procedure cannot be overtaken to lay substantive claims or facts. He was a kind of saying the law is independent of truth and even if justice is not served in the process but the law is duly followed, the outcome should be applauded to high heavens. This is taking the Realist School of Jurisprudence too far. The school that says law does not have to go on an endless excursion for meaning beyond what the court says. It is best captured in the words of American jurist, Oliver Wendell Holmes that: “The prophesies of what the courts will do and nothing more pretentious are what I mean by the law.”
It amounts to open acceptance of the tyranny of the court, however, on the fundamental assumption that the operating and human agent in the court system is rational and far from being a tyrant. That way, the court for instance, will not say crime, without punishment, should be statue-barred or vitiated by the mere passage of time and a very short time for that matter. Such is the consolation and indeed the intention of the realist school. It was not propounded to lead the court into a web of legalese and reverse its very essence as the temple of justice.
If I may ask, what is law if it does not serve the purpose of justice or the hopes of the people? No jurisprudence aspires higher than the aspirations of the people or subordinates justice and morality to law. Law itself fails woefully if it only massages the intellect and ceases to be an instrument for social justice. The Supreme Court in any legal system is beyond reproach. It can only fine tune itself. Beyond it, no legal arguments stand. Its role in jurisprudence is enormous and it does not include the convenience of hiding behind procedural infractions to obfuscate substantive law and justice. On the contrary, the Supreme Court is remarked for its boldness to rise up to the exigency of changing the position of the law to serve justice and the hopes of society.
The strongest reference point in jurisprudence today, Lord Alfred Thompson Denning, did not ascend that height by just running with extant codes. Real jurists are defined by their audacity to push the frontiers of substantive law and morality to enrich Jurisprudence. They do not mark time forever upholding the law even when the law has become anachronistic and a clear affliction to society. Needless to say that the majesty of law is its inherent dynamism to translate to justice. For, in truth and as noted by Lord Denning; “law is not an end in itself but a means to achieving a fair and harmonious society.” It is also not some technical game to be manipulated for personal advantages by experts but a “force to be applied with wisdom and compassion” by the sitting judge to serve society.
I also heard Dr. Abati saying public opinion does not matter in law. Really? The thing about law is that it is 110 per cent intellectual intimidation and posturing. Whoever holds the high end in sheer sophistry and pedantry also stands on a high ground in real advocacy. Whereas the law may have just an intention, what makes it an interesting practice is the near infinite capacity of its practitioners to create intentions and intrigues to detract from the real intention. From where does common law, including written and codified law, derive if law is so insulated from its human setting.
The truth is that such legal maxims can only stand firm if other things remain equal. If in any context the *ratio* *decidendi* , that is, the reason for the judgment, repudiates facts and common sense and instead celebrates methodology or even mediocrity, public opinion will rise irrepressibly like the morning sun whether you like it or not. The position is that public opinion matters and there had been reviews of case laws on the strength of public opinions alone. For instance, the *M’Naghten* *Rule* which set the test for the defence of insanity in criminal responsibility, especially in a murder charge, was forced by public opinion.
The views of Dr. Abati were to receive huge validation by Chief Robert Clarke (SAN) who was on the Arise TV Morning Show programme last Frday to specifically discuss the Supreme Court’s decision of the previous day. Abati must have felt within himself like the first and only winner of the Nobel Prize in Jurisprudence as Papa Clarke loaded him with encomiums for a job well done. The only additional point made by the old lawyer was the call for the reordering of the statutory frame work so that elections can be decided by the electorate in the polling booths and not in court rooms by judges. Excellent point I must say.
As God would have it, while Abati and the old lawyer were in the television studio engaged in a rigorous post-ruling advocacy to dress up the Supreme Court, an old Judge, Justice Musa Dattijo Muhammad who retired after 36 years on the bench, 11 of which were spent in the Supreme Court, was reading his valedictory speech to dress down the Supreme. Details of the speech are too heavy to fit into this purpose. It is important to note that Justice Dattijo is more than just an eye witness. He was an active participant. He was the second longest serving Justice of the Apex court and next to the Chief Justice of Nigeria (CJN) Olukayode Ariwoola. The balance of probabilities tilt heavily in his favour.
It was like the Supreme Court was put on trial in the court of public opinion and while Abati and the old lawyer appeared for the Supreme Court (I will resist using ‘defendant’), old judge appeared for aggrieved Nigerians. The thesis and antithesis are in search for a synthesis. The verdict lies both in history and posterity.
Afenifere, the pan-Yoruba socio-cultural organisation, seems to find merit in the damning verdict of the US Commission on International Religious Freedom (USCIRF), accusing security agencies in Nigeria of complicity in the deluge of terrorist attacks in the country.
Jare Ajayi, National Secretary of the group, in agreeing with the position, posited on Wednesday: “This is because of the strong belief that the nature of terrorism bedeviling Nigeria would not be festering for this long without complicity from some powerful quarters.”
Though he acknowledged the determination of some patriotic operatives and government to stem the tide, he posited how difficult it was to believe that the activities of the terrorists would continue to thrive without active connivance.
Hear him: “With the vows by the President and top security officers, one has the feeling that the government is determined to end terrorism in Nigeria. When President Bola Tinubu appointed General Christopher Musa, (retd), as Minister of Defence, we had a lot of hope that within months, a total stop would be put to terrorism and banditry in the country.
“Unfortunately, there seems to be a spike, rather than reduction. The reason for this could be rooted in sabotage and complicity from within and from without. This tends to buttress the alarm raised by the US Commission.”
Stressing how the organisation been consistently calling the attention of authorities to areas that needed be looked into he maintained that these included politicians, who could be complicit in promoting the urgly situation.
Citing the recent comments by Godswill Akpabio, Senate President, who pointed in the same direction, Ajayi stated that no matter how unpalatable the position of the US body could be: “It is very important not to dismiss it but to use it a beacon with which to comb all areas.”
“Many people doubted us. Some dismissed us. Others predicted confusion, division, and even outright collapse. But you stood firm. You kept faith with the ADC. And today, because of your commitment, our party stands taller, stronger, and more united.”
With these words, David Mark, National Chairman of the African Democratic Congress (ADC) on Wednesday’s night showered praises on members for conducting what he considered a flawless presidential primary election to choose its candidate for the 2027 election.
Mark, Senate President from 2007 to 2015, his audience at the Congress Hall of Transcorp Hilton, Abuja, that by the outcome, the party had demonstrated that democracy and political competition could still thrive in Nigeria without crisis or division.
Regardless of the rejection of the result of the exercise by Rotimi Amaechi, former Minister of Transportation and Mohammed Hayatu-Deen, former Chairman of the Nigerian Economic Summit Group (NESG), who contested in the exercise, the former Chairman of the National Assembly, was still upbeat about its outcome.
Atiku Abubakar, Vice President between 1999 and 2007, had emerged winner of the process that took place across Nigeria from Monday till Wednesday, when the result was eventually announced.
The declared result showed that the former VP who would be running for the nation’s number one job for a record seven times came tops with Atiku 1,846,370, to Amaechi’s 504,117 and Hayat-Deen’s 177,120. Total votes cast in the election: 2,546,457 in the 3,113,599 tally.
Mark, who officially presented the ADC flag to Atiku as the party’s presidential standard-bearer, was emphatic that the exercise was not merely about producing a presidential candidate but about proving that internal democracy could still function effectively in the country.
Hear him: “Today is not just about announcing a presidential candidate. Today is also about proving a point to Nigeria and to Nigerians. It is about proving that democracy can still work.
“Proving that political competition does not have to become political warfare. That a party can organise itself around principles instead of personalities. This event has shown that in a season of deep national anxiety, a bright future is still possible.”
Stressing that had doubted the party’s ability to conduct a peaceful and credible primary, with some predicting division and collapse within the ADC, he praised members of the Presidential Screening Committee and Presidential Primary Election Committee for what he described as their professionalism and commitment to fairness despite pressure surrounding the exercise.
“In the face of enormous pressure, logistical complexity, and intense national attention, they carried out their responsibilities with courage, discipline, and an unwavering commitment to fairness and transparency. The conduct of the primary has strengthened confidence in the party and its democratic process.
“Their work has strengthened the credibility of this exercise and reinforced the confidence of our members and the Nigerian people in the integrity of the African Democratic Congress.
“It is important to mention that we are the only political party to have three strong aspirants contest for the presidential ticket. This alone makes the ADC unique in its deep commitment to democracy and democratic practices.
“By subjecting themselves to this process, they did not merely contest an election. They strengthened democracy. And despite efforts in some quarters to create uncertainty and tension, they remained committed to this process and to the ideals of this party,” he added.
For Nnenna Nnannaya-Oti, the first female Vice-Chancellor of the Federal University of Technology, Owerri (FUTO), it was another day of glory, as Alex Otti, Governor of Abia laid out another red carpet for her in lieu of her starling performance in the 2023 governorship election in the state.
The university don, was the Returning Officer of the Independent National Electoral Commission (INEC), who was nationally recognised for standing her ground against forces that reportedly tried to skew the process, leading to the emergence of Otti as governor.
Since then, she had received several recognitions including from the governor and other bodies, including her own students at FUTO, who gave her a heroic welcome upon the conclusion of her INEC task – the first and only one to be so accorded in Nigeria.
Wednesday’s recognition came through the naming of the newly inaugurated Umuahia Central Bus Terminal, a multimodal transport facility in the state capital after her, by the governor, who said it was in recognition of her role in that exercise.
Otti, who stressed that the decision was informed by her act of courage, integrity and commitment to truth, said: “This terminal has been named after Professor Nnenna Nnannaya-Oti, the courageous INEC returning officer who demonstrated unflinching integrity in the discharge of her duties during a high-stakes election assignment here in Abia.”
The governor, while stating that the honour was not limited to don alone but symbolised all individuals who resisted electoral manipulation added: “In 2023, through her courageous disposition of standing firmly by the truth… she reminded us that ordinary people can achieve extraordinary results by simply saying no.
“So she’s just a representative of all of you—INEC staff who never bent, party officials who didn’t give in, security agencies… people who said no to intimidation.”
Stressing that the state had moved beyond basic infrastructure delivery to building an integrated transport system, he said: “The days of playing small is over. We shall no longer confine ourselves to the margins.”
He explained that the terminal was designed to accommodate over 340 buses and would improve accessibility, safety and efficiency in urban transport operations, adding that it would be supported by electric bus services, with 20 already in operation, while additional units are expected in phases.
“Services will keep improving as more buses are delivered… and you can tell with accuracy when a particular bus will arrive and depart,” he said.
He urged residents to protect the facility and support government efforts by maintaining order and paying taxes, warning against vandalism, waste disposal violations and other practices that could undermine the project, stressing that offenders would face sanctions.
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