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Justice is what the people say

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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.”

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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.

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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.

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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.

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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.

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BREAKING: Stop these demolitions, you’re killing the people, Obi tells Lagos govt

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A government that has lost the milk of human kindness is not justification to preside over their affairs, Peter Obi, presidential candidate of the Labour Party’s (LP) in the February 25 election, said on Thursday, in reaction to the ongoing massive demolitions of properties in parts of the country, particularly, Lagos and Abuja, mostly.

While Nyesom Wike, Minister of the Federal Capital Territory (FCT), had been engaging in some demolitions of buildings contravening the building plans of the city, the more devastating outcomes are being witnessed in Lagos, which seemed to have gone haywire with the bulldozers, which had been pulling down multi-billion structures in high-brow areas.

Alaba International Market, Abule Ado, Lekki and other parts of Lagos, have witnessed some of the onslaughts with the building owners lamenting that in many cases they were given just a few hours to evacuate their properties, a condition which many of them could hardly meet.

Obi, while bemoaning the situation, while pleading with the government to take the suffering of the people into account and approach the issue with human face, said:

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“All government actions must show compassion, even though we should enforce sensible regulations.”

Amid the speculations that some of the victims who come from the South East were being punished for creating the situation, which gave Obi the massive votes in Lagos that made him beat President Bola Tinubu, who governed the state for eight years, and still maintains a stronghold on the political structure of the state, who used his X handle to air his position, on Thursday, advised the government to come up with measures aimed at alleviating the people’s hardships considering the current harsh economic conditions in the country.

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He said, “It’s with complete despondency and unhappiness that I have followed the ongoing demolitions of properties across the country, especially knowing the extra hardship such acts have been heaping on hapless citizens who are already battling with multi-dimensional poverty.

“What a responsive government should be doing under the current harsh economic conditions in the country is to come up with measures aimed at alleviating the people’s hardships and to carry out measures that will take more people out of poverty.

“Even if there are some violations as the governments are claiming, this critical time is not auspicious for such an exercise knowing the hardship in the land and the consequences it will have on the poor who are struggling to make ends meet with their little resources.

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“The poor in our midst who are putting their meager resources are going through very severe financial stress that should not be multiplied further. In some cases, the properties being demolished are the life time savings and retirement abodes of the aged and incapacitated.

“My appeal therefore is for the respective governments involved in this act to consider the hardship in the country and try and put a human face to their actions. While we should enforce sensible regulations, all actions of government must show compassion.”

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It’s Tinubu’s budget of ‘hopelessness and pains,’ prepare for more hardship – PDP

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Nigerians must gird their loins for more suffering with the budget President Bola Tinubu released on Wednesday if allowed to pass, the Peoples Democratic Party (PDP), has said, warning the National Assembly not to approve it if they were truly representing the people.

Describing the N27.5 trillion budget for the 2024 fiscal year as deceitful, strangulating, and hopeless, the party in a statement by Debo Ologunagba, its spokesman, said if the budget was allowed to pass, it will further plunge the nation into more economic depression and hopelessness.

Stating that NASS must activate its mandate to the constitution under Sections 80, 81, and 82 of the 1999 Constitution, to reject the 2024 budget as presented, he said: “The PDP calls on the National Assembly pursuant to its Constitutional duty under Section 80, 81 and 82 of the 1999 Constitution to reject the 2024 budget as presented and use its legislative powers to disassemble the budget and make provisions that are critical and pivotal to the growth of the economy and the welfare of Nigerians,” the party said.

Ologunagba, while stressing that the document was devoid of concrete mechanisms to revive the economy, create jobs, address the comatose manufacturing and productive sectors, human capital development deficiencies, and depleting the life expectancy of Nigerian citizens, alleged that it was filled with heavily padded figures, duplicated items, and several false statistics, including claims of global increase in the inflation rate.

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The PDP National Publicity Secretary declared that the budget is predicated and expected to be funded from multilateral and bilateral foreign loans and increased taxes on Nigerians and is designed to further mortgage the nation and strangulate the already impoverished Nigerians.

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No room for corruption in Abuja anymore – Wike * Says, Abuja metro ready in six months

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Anybody planning how to skew the process for personal advantage, would discover the hard way that there is a new sheriff in town and it would no longer be business as usual, Nyesom Wike, Minister of the Federal Capital Territory (FCT), said on Wednesday.

Wike, former Governor of Rivers State and the only Minister of the Peoples Democratic Party (PDP) or member of the opposition in the cabinet of President Bola Tinubu of the All Progressives Congress (APC), made this solemn declaration on the floor of the National Assembly, where he presented and defended a N61billion supplemental budget for the year 2023.

The Minister, whose is presenting the fresh estimates one month to the end of 2023, said components of the proposal, were projects-specific, added that President Bola Tinubu would commission most of them including the Abuja Metroline by May as part of activities marking the president’s one year in office.

According to him, the N61 billion FCT Supplementary Budget was drawn from its Paris Club refund, PAYE, the N5billion special presidential intervention for states, the presidential infrastructure support funds and the territory’s Internally Generated Revenue IGR.

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For instance, Wike, who assured that the President would commission the metro line by May adding that part of the project, which would ease the movement of the people in the capital, was already contained in the national budget, presented by Tinubu on the same day.

Wike, who also spoke on the fate of victims of the administration’s demolition exercises, blamed them  for the situation, saying there was no way that the desire of a world-class Federal Capital Territory by Nigerians could materialise with those entrusted with making it happen engaging in excuses for unplanned and illegal developments.

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Noting that demolitions could not be stopped as long as people continue to build on green areas, water and sewage lines and other unapproved places, he said the Administration would however pay compensation in areas designated for resettlement.

He said: “We can’t stop demolitions. You cannot go and build in a green area and then when we demolish, you want us to compensate you. Illegality is illegality. But if we want to acquire your property for development, we will pay you.”

Wike, who justified his decision to engage Senior Advocates of Nigeria (SAN) to help handle cases involving the Administration, lamented that the lack of diligent prosecution of cases in the past by FCT officials led to the loss of a number of cases, adding that over 800 litigations involving the FCT, were currently pending in various courts.

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Wike, who also alleged complicity on the part of some officials who connived with plaintiffs to get judgments against the FCT Administration, he said: “I have never seen a territory with over 800 litigations. Some of these litigations were in connivance with staff of the FCT. So, I said I will engage SANs because I don’t want a situation whereby someone will go to court and then agree with the plaintiffs and judgment is entered against the FCT.”

Revealing that his administration would revive the city’s mass transit system to eliminate cases of “one chance”, adding that private operators would undergo security vetting before being allowed into the system, he added that he was working with the Office of the National Security Adviser (ONSA) and the Department of State Services (DSS) with regards to providing Closed Circuit Television (CCTV) cameras in strategic parts of the city.

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Accusing some of his staff of using some Public-Private Partnerships (PPPs) entered into by the FCT with some private developers, to fleece the administration, he vowed to cancel the contracts, adding: “I will cancel several PPPs. All the PPPs in Abuja are about land and are against the FCT.”

Citing a case in Wassa where the FCT gave a developer land for mass housing, and gave him another N85billion for infrastructure, he lamented a situation where the same developer would go and build houses, and sell to people at market value without anything coming to the government.

On the recertification of all Certificates of Occupancy (C of Os,) he said: “All C of Os will be recertified and you will put your NIN. In FCT, there are a lot of fake C of Os but with this new development, we will end that and security-wise, we can know people who own each structure. If you have a C of Os and you have enjoyed recertified, it will no longer be valid,” he stated.

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Chairman of the House Committee on FCT, Muktar Betara lauded the minister for his passion for developing the territory, however urged him to reconsider the uniform fees for obtaining a Certificate of Occupancy, saying highbrow areas like Asokoro, Maitama, Wuse and others cannot have the same fees with the satellite towns.

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