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.
For Diezani Alison-Madueke, there is nothing more to prove to anyone as God has finally fought her battle and restored her dignity, with here exoneration from allegation of massive looting on Nigeria during her years as Minister of Petroleum Resources.
Emerging from the Southwark Crown Court in London, where she was eventually exculpated from blames after many months of trial, the former Minister, who had been living in the UK since 2015, as a fugitive, having escaped the claws of the government of Muhammadu Buhari, Nigeria’s former President, which had accused her of multiple cases of sleaze, she told reporters that everything would be kept in abeyance to enable her enjoy her freedom which had been denied for so long.
But before then, she attributed her acquittal on bribery charges which said had ended years of “unjust vilification,” to the handiwork of God while thanking those who stood by her during the trial period she described as “arduous” and “traumatic.”
The court had freed the once very powerful Minister, who ended up in the petroleum ministry after hitherto serving in different capacities of all six charges after hours of deliberation on Wednesday, after six months of trial, which began in January when the UK government charged her in August 2023 over an alleged £100,000 bribe.
Part of the prosecution in the UK court was that she accepted bribes in the form of luxury goods and use of high-level properties from industry figures in return for awarding multi-million-pound oil and gas contracts during her time in office.
But in her defence, the former Minister through her lawyers, told the jury that she had limited control over oil contract approvals during her time in office, as most decisions were made before reaching her desk.
After the court agreed with her, she told reporters: “I’m just thankful to God. It’s been a very, very arduous and long, almost 11 years. It’s been traumatic not just for me but for my family, for friends, for all those who have stayed and supported, for my 93-year-old mother in Port Harcourt, for my son, and for all those who love us, friends and family. We’re surrounded by friends here. So it has been a hard journey.
“But I tell you this, God will always do as God wills, and God will be God. God is not a man that he should lie. So, when he promises you something, he will see it through.
“It has been almost 11 years I’ve been here. I did my job to the best of my ability, but like I said, God is not a man that he should lie. God is God, and we thank him.”
Also, in a statement issued by Bolouere Opukiri, her representative, Alison-Madueke said “a decade of unrelenting and unjust vilification, condemnation, and scrutiny has finally concluded.
“I give thanks to Almighty God for His faithfulness and for the complete vindication I have received. I am grateful to my legal counsel for their diligence and to my family and friends for their steadfast support and encouragement throughout this period. I am profoundly relieved. My name has been cleared, and this ordeal has come to an end.”
Allison-Madueke said she would speak about the events of the past decade and her future plans “in due course” but, in the meantime, would focus on embracing what she described as the freedom she had been unjustly denied for many years.
Nigeria is sure to witness an impending doomsday sooner than later if the Federal government fails to take definite and decisive steps to arrest the current parlous state of the nation’s medical system.
Association of Medical Doctors (ARD), which dropped the warning, cited how Nigeria currently boasts of just 55,000 doctors to serve a population of more than 220 million people, warning that with the current paucity in its healthcare system, an impending doomsday was only a matter of time.
The doctors, who raised the alarm at the Ordinary General Meeting and Scientific Conference of the association, held at the Federal Neuropsychiatric Hospital (FNPH), Yaba, Lagos, the doctors, among whom were mental health experts, also said the present situation was worsening access to psychiatric care and leaving millions of vulnerable Nigerians untreated.
Citing no fewer than 16,000 Nigerian doctors, who have emigrated in the last five years, had worsened an already dire manpower shortage in the country’s health sector, they warned that the sustained exodus of healthcare workers under the “Japa” syndrome had severely depleted the country’s mental health workforce, widened treatment gaps, increased the cost of care and placed enormous pressure on the few specialists remaining in the system.
Vanguard quoted Omoti Ernest, President of Nigerian Medical Association (NMA), as saying that recent data showed that the Medical and Dental Council of Nigeria (MDCN), had registered over 130,000 doctors but noted only about 55,000 are actively practicing within Nigeria.
Stressing that with a population exceeding 220 million, this translated to roughly one doctor for every 3,600 to 4,000 people, he added: “This ratio is far below the World Health Organisation’s recommended threshold of one doctor to about 600 people, highlighting the significant shortage of medical personnel and the strain on healthcare delivery.
“Many Nigerian-trained doctors have emigrated or are no longer engaged in active clinical practice, contributing to the country’s healthcare workforce shortage. The emigration of skilled professionals in search of better opportunities abroad has had a significant impact on Nigeria’s hospitals and healthcare workforce.
“Thousands of doctors and other healthcare professionals have left the country in recent years, leading to severe staff shortages, increased workload for those who remain with many suffering from burnout, longer waiting times for patients, and declining quality of care in many public hospitals.
“Rural and under-served communities have been particularly affected, as they already struggle with limited access to healthcare services. ’The reasons behind this migration include poor remuneration, inadequate working conditions, insecurity, limited opportunities for career advancement, and insufficient investment in healthcare infrastructure, among others.
“Many professionals are attracted by better pay, improved facilities, and more stable environments in countries such as the United Kingdom, Canada, and the United States.”
‘What can be done’
To address the trend, he said the Federal Government should prioritise salaries and welfare packages for healthcare workers, invest more in modern medical equipment and hospital infrastructure, expand residency and specialist training opportunities, and create clear career progression pathways.
“Strengthening security, ensuring timely payment of wages, and providing incentives for professionals to work in under-served areas will also help retain talent. ’In addition, partnerships with the private sector and diaspora engagement programmes could encourage Nigerian healthcare professionals abroad to contribute their expertise and support development of the country’s healthcare system.”
Yesir Kareem, a Consultant Psychiatrist at the Neuropsychiatric Hospital, Aro, also lamented how Nigeria’s doctor-to-patient ratio had fallen to about one doctor for more than 10,000 patients, far below the World Health Organisation’s recommended ratio of one doctor to 600 people.
The consequences, he argued were particularly devastating for mental healthcare, he said, adding: Only about 55,000 doctors remain to serve a population of over 220 million Nigerians. More than 40 million Nigerians suffer from mental health disorders, yet about 85 per cent of them do not have access to mental healthcare services,” Kareem said.
He noted that Nigeria’s shortage of psychiatrists and other mental health specialists has reached alarming levels, warning that untreated mental illnesses contribute to family breakdowns, substance abuse, unemployment, delayed diagnosis and premature deaths.
“The economic consequences are equally devastating, with billions of dollars lost annually due to untreated mental health conditions. Over 94,000 doctors and nurses have left Nigeria since the Japa syndrome started some years ago due to poor remuneration and delayed salaries, competitive salaries in destination countries, overwhelming patient loads (1:10,000+), better work-life balance and conditions, and inadequate medical equipment & facilities.
He listed access to modern medical technology, limited career advancement opportunities, professional development and training, unsafe working conditions and long hours, unstable political and economic environment and insecurity and socioeconomic instability as factors encouraging migration of doctors from the country.
Vanguard, also quoted Veronica Nyamali, President of the Association of Psychiatrists in Nigeria (APN) as saying that the manpower shortage was a crisis that had forced consultants to abandon higher-level responsibilities, such as research and specialist care, in order to fill gaps left by departing doctors.
She said: “There are gaps everywhere. Work that should be done by four psychiatrists is now being handled by one or two people. Consultants are increasingly forced to work at lower levels because the doctors they are supposed to supervise are no longer there.
“Those we train are leaving. Junior registrars, senior registrars, many complete their examinations and return abroad. The result is that we have shortages at every level of care. Nigeria has less than 150 psychiatrists. The dwindling number of specialists is making mental healthcare increasingly expensive and inaccessible, especially for patients in rural communities where psychiatrists are virtually non-existent.
“When specialists become scarce, services become more expensive. Access becomes difficult because patients must travel long distances to find care. This is contrary to the principle of universal health coverage, where mental health services should be available, affordable and accessible to everyone.
Lagos State Police Command, has thrown a security cordon around university communities in the state to prevent any form of mishap as a result of recent concerns that they could come under attack.
On Wednesday, Olohundare Jimoh, Lagos State Commissioner of Police, gave the hint while conducting an on-the-spot security assessment at Pan-Atlantic University, Lekki, following the circulation of a viral video showing two masked individuals emerging from a forest area adjoining the institution.
The visit, carried out alongside operational personnel of the command, was part of efforts to evaluate the security situation around the university and reassure students, staff and parents of measures being taken to ensure their safety.
The police boss, in a meeting with the university’s management while stressing the need to continually strengthen the institution’s security architecture to forestall potential threats, also advised on practical steps to enhance security within and around the campus, cautioning against actions that could inadvertently weaken existing security structures.
Emphasising the importance of adopting proactive security measures, particularly in the areas of perimeter protection, access control and collaboration with relevant security agencies, he said as part of efforts to boost security operations in the area, the Lagos State Security Trust Fund (LSSTF), had deployed surveillance drones to support law enforcement activities around the university and neighbouring communities.
The measure facilitated by the Lagos State Government, is expected to enhance aerial surveillance, intelligence gathering and crime-prevention efforts within the axis, he said stating that the command was fully committed to protecting lives and property across the state.
He assured the management, staff, students and parents of Pan-Atlantic University of the police’s readiness to respond swiftly to security concerns and maintain a safe environment conducive to learning and other lawful activities, urging the institution to sustain close collaboration with security agencies and remain vigilant in addressing emerging security challenges.
“The Command remains committed to the protection of lives and property across Lagos State. The university community must support security efforts by promptly reporting suspicious activities. We are resolved to maintain peace, public safety and security across the state. We urge residents to remain security-conscious and provide credible, timely information to law enforcement agencies. Residents are also encouraged to make use of the Command’s emergency lines to report security-related incidents and suspicious movements.
The assessment followed heightened public concern generated by the viral video, with authorities moving swiftly to reassure the public and strengthen surveillance around the institution and its environs.
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