Opinion

Dele Momodu: Mr. Ovation and His Iconic Cultural Politics

Published

3 years ago

October 21, 2021

Eric

By Toyin Falola

There is no aspect of contemporary Western civilization practices or politics that appears alien to African people, as anthropological studies have revealed in the current time. Differences exist in their systems and approaches to issues of social and political significance, but this does not underwrite the fact that similarities abound in areas of human interrelationship where groups of people use philosophy to construct their ideological and ethical identity. Take, for example, in academics, honors are conferred on individuals who have made substantial efforts for the advancement of scholarship and application of intellectual properties to improve their immediate environment and transform their spheres of influence. The honor conferred on them is an indication that the society is aware of their outstanding contributions to the betterment of the society and that they appreciate the simple fact that they are members of their particular socio-academic group. In essence, outstanding accomplishments are indirectly expected of all members of society to imbibe the culture of being useful for the collective transformation of their people.

Such practices have existed in the continent of Africa from time immemorial. Particular observation of how this is done reveals that such recognition does more than confer honor on individuals whose efforts have radically and rapidly revolutionized their society. Indeed, bestowing honor on outstanding individuals in the traditional, and maybe the contemporary African society is informed by the understanding that they are not only giving the society a befitting honor but also creating an environment that is essentially suitable for the enhancement of healthy competition, in which others are indirectly encouraged to consider better ways to contribute to the collective course of the society.

When accorded this social and cultural recognition, the ensuing social ceremony is a trademark that specializes the individuals recognized and the family that raised them. This is why relatives of individuals recognized for their exemplary importance in the advancement of society share from that honor within the socio-cultural geography of the place where they have been honored. This does not happen in the Western world, where someone with a Ph.D. gets the honor for themselves, not their family. In essence, the African honorary recognition builds a social fabric that would be important for the establishment and sustenance of good moral conduct that would help the people move beyond their current trajectory, rather than a decoration of the individual singled out.

For example, someone honored with the Jagun (warrior) chieftaincy title is given a social responsibility for the rejuvenation of the security architecture of the society so that the people of the community are protected from perennial challenges. Such recognition has placed positive pressure on the family members and associates of the honoree because their identity is inevitably tied to the individual’s success, and, naturally, no one would expect a negative image for themselves as that would give them an unbefitting image. From this, a generational responsibility is accepted by the individual’s family members, and they begin to develop the society through whatever help they can offer in that respect.

Photo: Chief Dele Momodu

Source: Oyo News

For Chief Dele Momodu, the conferment of chieftaincy titles on him serves to recognize his outstanding contributions to humanity and to remind others of the responsibility ahead of them. As the Oni Gege Ara of Ijogaland in Ogun State, a honor and professional title bestowed on him about 15 years ago that particularly recognizes his efforts in journalism; the Owanusi of Imeri Kingdom in Ondo State, a leadership title; the Onone Kura 1 of Abia State, which means the voice of the masses, among other things, connotes that the honoree is aa valued member of the society. Beyond the fanfare of celebrations that come with these titles is the social engineering system that it actually serves. Although from the surface of it, the chieftaincy titles appear to be recognition for the fantastic ways he continues to engage the society and encourage them to embrace a particular philosophical direction, this does not negate the fact that recognitions of this type are meant to play some cultural and political roles that would improve the conditions of the society. For example, where he was recognized as Onigege Ara, what remains sacrosanct is that through his profession as a journalist, Dele Momodu charges the society to understand the vast responsibility ahead of them and brazen up to rise to their social duties.

Cultural politics is evident because the journalism profession has been awarded the grand recognition of its importance in building society. Without firing any bullet, Dele Momodu challenges the society in areas where they are not performing as expected. Consider, for example, the title conferred on him in Abia State as the voice of the voiceless is an indictment of the society that is notoriously antagonistic of contending perspectives. People who challenge the authority are seen as potential dissidents with hideous intents to accuse the community leaders or sabotage their actions, and that they deserve to be hacked down because of this evil mindset. Whereas such name-calling did not exist in the past African traditions, and because the people are evolving to accommodate current changes, they devised a means of combating rising political actions that wanted to undermine a democratic culture in which individuals would have a say in the political process of their community. The understanding that this could be achieved simply by recognizing courageous individuals who have defied such an undemocratic structure affirms the assumption that African iconic cultural politics still exists. Therefore, the recognition achieved two purposes: one, it praised the individuals who pulled off that fearless feat, and two, it told the society that is unaccommodating of plural views of the potential repercussions of its rigidity.

Consequently, the conferment of these titles to outstanding African individuals is a telltale sign that they consciously use that system to build their social identity. In contemporary times, they use it as a cultural instrument for negotiating their political space so that their indigenous epistemic foundation would not be ridiculed or destroyed. Although the system has been proven to be susceptible to manipulations and maneuvering, especially when corrupt minds seek to buy these recognitions to improve their sociopolitical profile, it does not change the fact that they all identify the practice as something important in the process of their social buildup. So when one comes across social practices in which individuals are given such recognition, it is evident that they are making substantive efforts to construct a social identity that preserves their cultural traditions while maintaining their moral evolution in the contemporary time.

However, we must remember that a person who has grown up to be a vibrant contributor to the activities of their environment will consistently achieve these goals not only because they are remarkably steadfast at that moment when they become the cynosure of all eyes, but also mainly because they have a record of great upbringing that has extensively changed their mindset and prepared them for the future right from their formative years. This conclusion is informed by the question posed to Dele Momodu in the recent Toyin Falola Interview Series by the first interviewer who asked if his childhood experience in Ile-Ife had any significant impact on his vast career paths. His response was not unexpected because it consolidated the assumption that children’s background, particularly in Africa, is always an admixture of varied experiences that range from extensive social interactions, integrated philosophical engagements, and a couple of other things that serve as the basis for their intellectual development. When exposed to all these, they will be rooted in various engagements that will bring them utmost success if pursued later in life.

Dele Momodu conceded that although the general assumption is that Western education was enough to submerge the indigenous knowledge systems because of its organization amidst other qualities it possessed, it, however, cannot beat the reality that people in their indigenous communities know different things which they have access to from their social interactions and networks from the beginning. This, therefore, means that the ascription of ignorance to individuals who did not attend Western school during the colonial and postcolonial periods is done by individuals who do not understand what education means in the true sense.

Photo: Dele Momodu in picture with late father

Source: TVC

This deduction is necessary, as demonstrated by Dele Momodu’s childhood experience. He lost his father at an early age, and his formative education was imposed on him by his mother, who took the responsibility with impressive competence. Contrary to the misconception that his mother, who did not have access to the Western education system, would be incapacitated by this condition and lack the necessary know-how to groom the young Dele in ways that would aid his intellectual development, she did exceptionally well and was able to provide a good education for him with the help of others.

As a buildup to this foundation, the University of Ile-Ife, renamed as Obafemi Awolowo University, significantly expanded on Dele Momodu’s formative education, as it provided not only the serene environment where such a feat could be achieved but also the availability of seasoned academics who had more than an academic relationship with the students. His teachers related well with the students and had personal interactions with them, which helped formulate ideas and recommendations of sources essential for their progress. This opened the students to broader academic perspectives and sources and helped them build an eclectic resource to better themselves. Additionally, having a mother who was culturally grounded in Yoruba knowledge systems, and being fortunate to grow in an environment where academic culture was very much modern, helped to build the man we know today as the founder of the internationally acclaimed newspaper, Ovation, a journalist par excellence, as well as an author, a philanthropist, and other amazing things he has come to be associated with.

Perhaps the best way to understand that his trajectory is a product of his education and cultural background is to interrogate the series or choices made during his growth. The first interviewer, Mrs. Yinka Adeboye, understood this, and it appears that this knowledge guided her question. She asked if there were anything Dele Momodu would have done differently during his formative development, perhaps to understand his response and see if cultural affiliations can be traced to his intellectual brilliance. As expected, the guest is not someone who would disappoint when questions like this come up. Apart from the fact that he was grounded in the epistemology of Yoruba by virtue of his environment and his academic engagement, he is also someone with an admirable understanding of how things work in the Yoruba world. Dele Momodu responded that one’s Orí has always been at the level where critical decisions must be taken, and spiritual choices must be made, even without conscious awareness. He answered this way because he believed that his trajectory encapsulated negative and positive experiences critical and cardinal to his personal development.

Although the Yoruba people are ardent believers in the concept or phenomenon of Orí, and because it was the cultural traditions of the environment from where they were raised and molded, it was never an impediment to drive them into visible actions. While they believed or perhaps imagined that the content of their destiny would be primarily positive, they never conceded to nature the ability to make things work magically, especially things that they could achieve themselves. They propel their destiny to work and, by so doing, they are conscious of their development as a people.

Photo: MKO Abiola

Source: KFilani

Meanwhile, Dele Momodu’s struggles pushed him to a different level at this point in his career development. He wanted to build a career in teaching because the profession had caught his interest from people he gained extensively well. However, during that period, the country’s situation was antagonistic to his dream career as it did not provide the necessary atmosphere for the actualization of his teaching career. During the military regime, and because they introduced policies that radically departed from the line of reasoning, struggling individuals who intended to be teachers were frustrated out of the system. Here, the cultural significance of Orí concerning the Yoruba’s ontological reality comes to mind.

Dele Momodu admitted that as a teacher, the unfavorable atmosphere in the academic community pushed him into writing and eventually exposed him to several activities that reshaped his journalism career. Of course, it would seem that his Orí had already provided for him all the needed materials to enhance his journalism career, but he could not connect it until he got a spark from people who were aware of his tireless academic excellence. Having a bachelor’s degree in Yoruba and a master’s degree in Literature was perhaps the necessary ingredients to facilitate his upward rise in the literary or journalism profession. He began to write for the Guardian Newspaper in Lagos, and in no distant time, he was making intimidating accomplishments. He was also freelancing for another known newspaper company. His engagements were giving him two important things at the same time–money to sustain himself and popularity that was growing beyond his imagination. Dele Momodu’s journey into journalism was accidental, spurred by his Orí, as believed in the Yoruba cultural tradition, because not only is he known widely as a versatile journalist in modern history, but he is also equally global in his popularity.

Although Dele Momodu’s fame and success can be linked internationally to Nigeria as that is the country of his birth, it does not preclude the possibility of knowing how culture intersects with colonialism and colonialism with nationhood. Perhaps this knowledge inspired the question that “Is Nigeria one?” by one of our interviewers. The respondent shed a resounding light on the question after categorically saying Nigeria is not one. He traced the beginning of the country to its creation in 1914, which witnessed the haphazard amalgamation of various nationalities and ethnic identities together by the expansionist West, who were more concerned about the need for group domination than the identity formation of their new colonies. Of course, this is understandable because such thinking usually occupies the mind of the colonialists, irrespective of their racial beginning. However, the negative consequences are felt by the society or the people who became the victims of that indiscriminate wedding of culturally incompatible people. The fact remains that the awareness of their differences would have naturally helped in the smooth administration of the country because philosophies would have been developed along that line.

Still, under the admission that cultural diversities and plural identities are the foundation of the country called Nigeria, Dele Momodu was firm in his position that the type of leadership required to transform the country has a front-liner who is not concerned about a particular ethnic group (most especially theirs), not highly affiliated to religious identities to the extent that they cannot differentiate between the issues of national concerns and that of their religious beliefs, not so uncivilized to the extent that they would treat political opponents like enemies at war front with whom they cannot seek ideas and philosophies for the development of the country. All these are important because the evolutionary stage of the Nigerian democracy is fragile, and anyone who does not have the above qualities would always drive the country to the primitive era when collaborative development appeared like rocket science. Ultimately, the awareness of the difference in the country would lead to the emergence of leaders who have these qualities. As such, everyone’s culture would be respected and not given some preferential treatment.

Photo: Prez Mahama felicitates with Chief Dele Momodu at UPSA

Source: GhanaWeb

Dele Momodu submitted that cultural plurality is a blessing, and thus multicultural engagements are a product of such an environment. In the development of any civilization in the contemporary time, there should be less concentration on where an individual comes from, but much attention should be focused on what these individuals can offer. Anyone who refuses to accept this obvious fact, any country or civilization that does not accommodate this reality, will constantly battle with retrogression because they would not have the advantage of sourcing from different knowledge backgrounds to develop themselves or improve the conditions of their people.

In concluding this conversation about the plural identities in Nigeria, Dele Momodu alluded to the development recorded in different human civilizations, especially in developed societies. He argued that these countries employ the services of great people regardless of their country of origin or nationalities. They harvested their intellectual property to develop themselves and attain a level of advancement that places them within the appropriate position of dominance which they are getting. Summarily, cultural traditions are important and should not be seen as a plague anywhere in the world. Rather than run divisive politics, the nation’s leaders should consider various ways to achieve sustainable growth and development.

Opinion

Yahaya Bello: Victim or Aggressor?

Published

1 hour ago

May 4, 2024

Eric

By Prof Mike Ozekhome SAN

INTRODUCTION

The nation has been agog with news of the ongoing face-off between the EFCC and the immediate past Governor of Kogi State, Alhaji Yahaya Bello and the others over the (EFCC)’s attempt to arrest Bello in connection with alleged official corruption involving the sum of 80.2 billion naira which he allegedly misappropriated while in office for eight years as Kogi State Governor.

Accusations and counter-accusations have raged back and forth between both camps (with not a few officious by-standers proffering gratuitous, ill-informed advice in the guise of opinions). As usual, the truth is always the first casualty. In this case, it is worsened by the fact that the matter is the subject of on-going litigation before at least two different courts: a High Court in the former Governor’s home State of Kogi and the Federal High Court in Abuja. The situation has been compounded by the order of injunction granted by a Kogi State High Court restraining the Commission from arresting or attempting to arrest the former Governor. The alleged breach of the order so irked the judge who issued it that he apparently had no option but to cite the EFCC boss for contempt. That order has been stayed by the Court of Appeal. Because these proceedings are ongoing, no more will be said on them.

Let me stress here that I am neither on the side of Yahaya Bello, nor that of the EFCC, or the Government of Kogi State whose funds are allegedly at the heart of the dispute. I will not cry more than the bereaved. My intervention here is limited to the legal ramifications and propriety of the steps taken so far by both sides of the divide.

BACKGROUND

Before Bello’s Abuja house was raided in a gestapo-like manner on April 17, 2024, Bello had, believing that his fundamental human rights were being threatened, approached a Kogi State High Court seeking an interim restraining order against the EFCC (Commission) pending the determination of a substantive suit before the court.
Justice Isa Abdullahi (presiding), who was satisfied with the grounds upon which the relief was sought, on February 9, 2024, gave an interim restraining order against the EFCC from taking any action against Bello, pending the determination of the substantive matter.

The Commission, dissatisfied, approached the Court of Appeal, Abuja, on March 11, 2024, requesting the appellate court to set aside the interim restraining order. It argued that the lower court lacked the requisite jurisdiction to assist Bello escape his deserved justice. It also argued that Bello could not stop the Commission from carrying out its statutory duties, nor use the lower court to escape its invitation, investigation and possible prosecution as the court’s order directed.

The Appeal Court adjourned hearing to April 22, 2024, while refusing to hear EFCC’s application for a stay of the order of interim injunction. In further affirming its earlier interim orders, the Kogi State High Court on April 17, 2024, delivered judgment in the substantive suit and directed the Commission to first seek the leave of the Court of Appeal before taking further steps against Bello. It granted some injunctive reliefs against the Commission “from continuing to harass, threaten to arrest or detain Bello”. The court directed the Commission to file a charge against Bello in an appropriate court if it had some reason to do so. The Commission later obtained a warrant of arrest against Bello from the Federal High Court presided over by Justice Emeka Nwite. On April 22, the anti-graft agency filed a notice of withdrawal of its appeal, predicating it on the ground that events had overtaken the appeal; while admitting that the appeal was filed out of time.

Bello’s team promptly challenged the arrest warrant by the Federal High Court and Justice Emeka Nwite has adjourned for his ruling on the propriety of his warrant of arrest against Bello.

WHEN AND HOW TO SUMMON A SUSPECT FOR INVESTIGATION BY LAW ENFORCEMENT AGENCIES

I condemn any brute and sensational arrest of a suspect such as Bello. It does not matter the station of life of such suspect, whether high or low. Hooded DSS operatives once did it to some Justices of the Supreme Court and other Judges on 8th October, 2016, when they viciously and savagely broke into their homes in the wee hours of the morning. I had condemned it in very strong words. (See https://www.bellanaija.com/2016/10/falana-ozekhome-melaye-react-to-arrest-of-judges-by-dss/) (October 10, 2016). Some of the victims like Justice Sylvester Ngwuta, JSC (of blessed memory) never recovered from the shock. He later died. Others took early premature retirement. Was the Commission therefore right in attempting to arrest Bello in the manner it did as some commentators have approved in their writeups? I think not. The relevant provisions of the law such as Sections 8(1) of the Anti-Torture Act, 2017; Section 6 of the Administration of Criminal Justice Act (ACJA) 2015 (applicable in Abuja, the FCT); and Section 35(2)&(3) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the sum total of which enjoin the fair and humane treatment of a suspect whether during his /her arrest, investigation, detention pending trial and arraignment. Was a bench warrant necessary against a suspect on whom charges had not been served as in the Bello scenario? I think not. Let us look at some decided cases on this.

In USANI V. DUKE [2006] 17 NWLR (Pt.1009)610 the Court of Appeal held thus:
“A bench warrant is a discretionary power of a court invoked to secure the attendance as in this case of an unwilling witness under the threat of contempt of court to give evidence on any area of a suit within his knowledge. It is not a discretion which is exercised as a matter of course. The court has to be satisfied that there is absolute necessity to procure the appearance of the witness in court. The lower tribunal based its refusal to issue bench warrant on non-compliance with section 229(2) of the Evidence Act.” Per ADEKEYE, J.C.A. (P. 38, paras. B-E)”.

In APUGO V. FRN (2017) LPELR-41643 CA, the Court of Appeal eruditely held that:
“Section 382 (4) and (5) of the ACJA provides for how to serve a Charge and notice of trial on a Defendant, who is not in custody, … In this case, the Respondent had filed a motion exparte under section 382(5) of the ACJA 2015 to serve Appellant by substituted means. That motion was not argued, but the trial court jumped the gun and ordered for the bench warrant to arrest the Appellant: and when it found out that that was wrong, it suspended the implementation of the bench warrant (instead of setting it aside) the trial court yet still ordered the Appellant to appear on the next adjourned date to answer to the Charge against him, pursuant to section 87 of the ACJA 2015. As earlier discussed and held above, I do not think the trial court had the vires to make such order, in the circumstances as I think it went beyond its role as impartial adjudicator, to that of the Prosecutor or Police or EFCC to forcefully produce the Accused person, without serving him with any charge or notice of trial. See NWADIKE v. State (2015) LPELR- 24550 (CA), Ededet v. State (2008) 14 NWLR (Pt 1106) 52. I do not think section 87 of the ACJA 2015, can apply without recourse to section 382 of the same Act which requires a Defendant to be served personally or by substituted means with the charge or information and notice of trial. I believe it is upon compliance with section 382 (3) (4) and (5) of the Act where there is a pending charge, that the trial court can have the powers to apply the section 87 of the Act which says: “ A court has authority to compel the attendance before it of a suspect who is within the jurisdiction and is charged with an offence committed within the state Federal or the Federal Capital Territory, Abuja, as the case may be or which according to law may be dealt as if the offence had been committed within jurisdiction and to deal with the suspect according to law”. Per MBABA J.C.A J.C.A (Pp. 46-48, paras. F-F)’’.

See also sections 113, 131, 394, 398 and 399 of the Administration of Criminal Justice Act 2015.

These domestic laws are reinforced by a regional (in fact, continental) statute – the African Charter on Human and Peoples Rights – Article 7 of which obliges the State (and all other persons) to respect the rights of every individual to have his (or her) cause heard. This right encompasses the following, inter alia:
(i) The right to appeal to competent national organs against violating his fundamental rights;
(ii) The right to be presumed innocent until proven guilty by a competent tribunal;
(iii) The right to defence including by Counsel of one’s choice;
(iv) The right to be tried within a reasonable time by an impartial court or tribunal.

The importance of this statute is often overlooked by many Nigerians because, apart from the Constitution, it is superior to virtually every local or municipal law – including the EFCC (Establishment) Act itself. See ABACHA VS FAWEHINMI (2000) 6 NWLR part 660, pg 228, where the Supreme Court held that the Charter possesses “greater vigour and strength than any other domestic statute… (accordingly if there is a conflict between it and another statute its provisions will prevail over those of the other Statute”)

It is in this context that I believe the Commission’s tactics in attempting to arrest Bello ought to be situated. While no one quarrels with the Commission’s full mandate to tackle economic crimes, the way and manner in which it does so must however, not portray any impunity or suggest that it is above the law. After all, the Commission’s motto is “No one is above the Law”. To that extent, the fact that the person at the centre of the present controversy is a former Governor is irrelevant: it merely hugs the headlines for that reason. Afterall, he has since lost his immunity under section 308 of the 1999 Constitution, upon vacating office. However, once a person has been charged to court as Bello has, he becomes the subject of the court which becomes seized of the matter. His availability in court is thereafter controlled by the trial court, and not another through a bench warrant.

Many a time, it is argued that the court cannot restrain government agencies from arresting, investigating or prosecuting suspects. This is far from the truth as it depends on the facts of each case. For example, the Court of Appeal in OKEKE v. IGP & Ors (2022) LPELR-58476(CA) 1 at Pp. 9 paras. A, Per NWOSU-IHEME, J.C.A (as she then was), relied on a decision of the same Court to hold that the Police can be restrained from the improper use of its powers. In the unreported case of LUNA V. COMMISSIONER OF POLICE RIVER STATE POLICE COMMAND in Appeal No CA/PH/216/2004, the Port-Harcourt Division of the intermediate court held:
“… Notwithstanding the power of the Police as spelt out in Sections 4 and 24 of the Police Act, where this Power is improperly used, the Court can stop the use of the power for that improper purpose, as that would no longer be covered by Section 35(1) (c) of the 1999 Constitution. In other words, an order restraining the Police from arresting on some particular occasion or for some particular improper purpose may be made by the Court.”

THE EVILS OF MEDIA TRIAL

The Yahaya Bello case evinces a clear case of media trial which should never be. The notion “Media Trial” or “Trial by Media” got its name in the United States of America during the period of 19th Century and became familiar with the Indian legal system in the famous, case of K.M Nanavati v. State of Maharashtra AIR 1962 SC 605.

I have, on my part, always kicked against media trial, for it presumes a person guilty even before his trial in open court. At the first National Anti-Corruption Stakeholders’ Summit held in 2017 with the theme, “Building national anti-corruption consensus in a multi-agency Environment”, which was organised by the Commission at the EFCC Academy, Karu, Abuja, I made the following remarks:
“…. All my life that is what I have done. I take it very seriously when we talk about the issue of rule of law. I do not believe in media trial. For example, a case is being investigated in EFCC, the suspect is being interrogated, tomorrow it is in a particular newspaper as to the statement made by that suspect. That suspect may never be tried. Even if he is arraigned and tried, he may never be found guilty but you have destroyed his image, his reputation. We should run away from that, it is not good. There is the need in this anti-corruption war to make an example; just one example with one person in government. I am aware of many, many petitions against people in this government”. See Nigerian Tribune edition of 28th March, 2017. (https://tribuneonlineng.com/stop-media-trial-suspects-ozekhome-tells-efcc/).

I had also in 2017, written to the Commission and presented a paper at CACOL Roundtable, titled “The A-Z and 24 “Dos” and “Don’ts” of how to fight corruption”. (See Daily Times of 24th April, 2017 – https//issuu.com/dailytimes. ng/docs/dtn-24-04-17/19). This paper is still relevant today, as it represents my contribution to the fight against corruption which I personally believe in. But, such war must be within the confines of the law. At the time of my lecture, the Commission under Ibrahim Magu had not made any attempt to try government functionaries; and I challenged it to do so. I do not know, whether it was my wakeup call that made the Commission to finally start charging people in government, especially Governors and Ministers, to court. Or, do you? I had also clashed with the former Chairman, Magu, on this sore issue on 19th December, 2017, at the Federal High Court, Abuja, at its end of year event. (See: https://www.vanguardngr.com/2017/12/anti-graft-war-magu-ozekhome-clash-fhc-end-year-event/)

THE DANGER INHERENT IN MEDIA TRIAL

Media trial which has become the order of the day in Nigeria is simply the act of using media coverage to vilify and portray a suspect or an accused person as a criminal, even without trial. In the context of Nigerian jurisprudence, a trial is an avenue to challenge the innocence of an accused person. A Media trial is an improper use of the media to tarnish the image of an accused person before, during or after a trial. It is used to dampen the resilient spirit of an accused person. The Commission used this craft greatly, especially during the tenure of Ibrahim Magu; and it greatly chipped away some nobility in its patriotic war against corruption.

The public applauds media trial. The downtrodden guffaws when the rich also cry. With this, there are more media convictions than actual convictions in the courtroom. Unfortunately, Yahaya Bello, has become the latest victim of media trial. If he is eventually acquitted, people will attribute his non-conviction to “a complicit judiciary”, (the whipping orphan).

Bello’s present ordeal may have undoubtedly brought some people immense joy. This submission has been tacitly corroborated by the Commission’s Chairman, very hard working and dedicated Mr Olanipekun Olukoyede, who stated, in a now-viral video, that the former Governor of Kogi State declined to come to the agency’s office because he complained that a female Senator had allegedly gathered journalists together to humiliate him anytime he appeared in the office of the agency for interrogation. Obviously, Bello was scared of media trial; so he avoided it. The evils of media trial are galore.

Media trials, especially in places like Nigeria, can be highly dangerous and prejudicial to a fair trial for several reasons:

1. Presumption of Innocence: Under the provisions of Section 36(5) of the 1999 Constitution, every accused person is presumed innocent until he is found guilty. Media trials often disregard the principle of “innocent until proven guilty.” When suspects are portrayed as guilty before they have had a fair trial, it can prejudice public opinion and undermine the legal process. The Muhammadu Buhari government specialised in this Goebel’s propaganda style under its “Name-and-shame” mantra. Such removes the Anglo-Saxon accusatorial system we operate and whimsically substitutes it with the French inquisitorial system.

By the provisions of section 36(5) of the 1999 Constitution, every person who is charged with a criminal offence shall be presumed to be innocent until proven guilty. This is unequivocally the position of the law, and has not changed. Article 7(1) (b) of the African Charter on Human and Peoples’ Rights 1981, also guarantees the presumption of innocence when it states as follows: every individual shall have the right to fair-hearing, that is; to have his cause heard including a right to an appeal, to be presumed innocent until proven guilty by a competent court or tribunal, and also the right to defence, including the right to be defended by Counsel of his choice. These are provisions that guide the trial of any person suspected to have committed a crime. It further extends to the right to be tried within a reasonable time by an impartial court or tribunal Thus, the presumption of innocence is the legal principle in criminal cases that one is considered innocent until proven guilty. This therefore means that until a judicial pronouncement is made, a suspect or defendant as the case may be should be treated with dignity as an innocent citizen. Anything to contrary would amount to a breach of the fundamental rights of the individual. See the cases of Tosin .v. State (2023) LPELR-59635 (CA); Onyeka .v. State (2023) LPELR-60520 (CA) and OLALERE .V. STATE (2022) LPELR-58103 (CA).

2. Mob Mentality: Inflamed by sensationalized media coverage, the public can form strong opinions and even resort to mob justice. This can lead to violence, whether against the accused or others associated with them.

3. Interference with Legal Proceedings: Judges do not live on the island, Venus, Moon, Neptune or Mars. They live on earth and interact with members of the society. Media attention can influence judges, potentially leading to unfair trials. It can be difficult for a defendant to receive a fair trial when public opinion has been heavily influenced against him by biased media coverage. In the case of Rajendra Jawanmal Gandhi v. State of Maharashtra, (1997) 8 SCC 386, the Supreme Court of India noted that a trial by press, electronic media, or public agitation is the exact opposite of the rule of law. It held further that Judges should protect themselves from such pressure and scrupulously adhere to the rule of law since failure to do so could result in a miscarriage of justice. Parties are entitled by the Constitution to a fair trial in a court of law by an unbiased tribunal that is not swayed by popular culture or media coverage.

4. Violation of Privacy and Dignity: Suspects, especially those who are later found innocent, can suffer irreversible and irreparable damage to their reputation, mental health, and livelihood due to intrusive media coverage. See section 37 of the 1999 Constitution.

5. Impact on Investigation: Media trials can jeopardize investigations by prematurely revealing sensitive information or influencing potential witnesses or suspects.

6. Undermining Trust in the Justice System: When the public perceives that justice is being served through media sensationalism rather than through fair legal processes, it can erode public confidence and trust in the judiciary and law enforcement agencies. This is the situation our judiciary has found itself. When a wealthy man who is accused of looting the state treasury is acquitted of corruption-related charges, some members of the public readily accuse the judiciary of complicity. Because some Nigerians do not trust the judiciary, they believe, courtesy of media trial, that the judiciary is a tool of the ruling class to consolidate or legitimize their hold on power and the society.

7. Political Manipulation: In some cases, media trials may be used as a tool by powerful interests to manipulate public opinion, discredit political opponents, or distract from other issues. The ongoing trial of the former CBN Governor, Mr. Godwin Emefiele, is a perfect example. Virtually all the bad economic policies of the President Buhari government have been attributed to the leadership of the apex bank under Emefiele and the Bank Managing Directors. Was this really the case? Was Buhari not in charge?

There are many instances when suspects who had been subjected to needless media trial were later vindicated by courts of law. Let us see some examples:
(i) The siege and break-in through the roof on the residence, ‘abduction’ and subsequent arrest and arraignment by the EFCC in a clearly orchestrated media trial of former Governor Rochas Okorocha of Imo State. He was later discharged and acquitted.
(ii) The trial and subsequent discharge and acquittal, only last month, by the Federal High Court sitting in Lagos, of the former Director-General of NIMASA, Mr Patrick Akpobolokemi, after over eight years on trumped up charges of conspiracy, stealing and fraudulent conversion involving the sum of ₦8.5billion. The court, coram, Justice Ayokunle Faji, upheld his Counsel’s no-case submission that the Commission had failed to make a prima facie case requiring him to enter his defence in respect of four out of six charges laid against him by the Commission. This was after eight years of gruesome trial and media hype, with Akpobolokemi, being physically dragged on the ground in one instance.

The discharge and acquittal earlier this year of the erstwhile Attorney-General of the Federation and Minister of Justice under the Administration of the former President Goodluck Jonathan, Mr Mohammed Bello Adoke and some companies by the Federal High Court, Abuja (Ekwo, J) and the High Court of the FCT (Kutigi J), on charges of money laundering and abuse of office after over four years of hyped media trial which the latter court strongly condemned and for which it excoriated the Commission for the slip-shod manner in which it undertook what, to all intents and purposes, was a persecution rather than precaution. The investigation into the alleged offences was anything but diligent, forcing the Commission’s own Counsel (to his credit) to throw in the towel and admit that he could not, in all honesty, support their continuing trial. I had gotten vacated and set aside the Bench warrant earlier issued against Adoke by Danlami Zama Senchi (now of the Court of Appeal). I was the one who also argued Adoke’s bail applications before Justices Inyang Ekwo and Idris Legbo Kutigi.
Also apposite are the nasty experiences of former Senator Dino Melaye whose cases I also handled; and that of the Supreme Court Justices way back in 2016 (even though the latter was perpetrated by a sister agency, the DSS) .

What about late High Chief Aleogho Raymond Dokpesi? He was later discharged on a no case submission after over eight years of horrid trial in which I secured his bail in 2015! The cases of Col. Sambo Dasuki, El Zakzaky and Elder Godsday Orube are well too known to enlist elucidation here.

The Commission surely had full knowledge of the ex-parte order made by the Kogi State High Court which had restrained the Commission from arresting Yahaya Bello. Yet, it laid a siege on Bello’s Abuja residence. The entire drama (which played out in the full glare of television cameras) was nothing short of disdain for the rule of law and the sanctity of court orders. It is trite law that, until a valid and duly issued court order is set aside either by the same or another court of superior or co-ordinate jurisdiction, it must be obeyed and complied with to the hilt.

The proper remedy open to the Commission which disagreed with the order was to challenge it and seek its reversal at the appellate court as it later did, and certainly not to flout or disobey it under any disguise. Needless to say that disobedience to court orders is a feature of self-help only in a society where anything goes; where life is poor, solitary, nasty, brutish and short, to quote the English Philosopher, Thomas John Hobbes. We must never allow Nigeria to degenerate to such a nadir state where government institutions disobey court orders with impunity. That is a ready recipe for organized disenchantment.

Indeed, so important is obedience of court order that it is given constitutional imprimatur in Section 287 of the 1999 Constitution.

In this regard, in FCDA V KORIPAMO-AGARY (2010) LPELR-4148 (CA), Mary Ukaego Peter-Odili, J.C.A (as he then was) held that:

“The Court frowns at disobedience of its orders; particularly by the executive branch of government and has used rather harsh language such as ‘executive lawlessness’, in describing such acts of disobedience. On the application of an aggrieved party, the Court has in appropriate cases, not hesitated to exercise its coercive power to set aside such acts done in disobedience of its order and restore the parties to the position they were before such disobedience. The rationale for this course of action by the Court is to ensure the enthronement of the rule of law rather than acquiesce in resorting to self-help by a party. The Court also has the power of sequestration and committal against persons disobeying its orders. It is an overgeneralization and therefore wrong to say that an act done in disobedience of a Court order is an illegality”.

See also ALL PROGRESSIVE CONGRESS & 2 ORS V HON DANLADI IDRIS KARFI & 2 ORS [2018] 6 NWLR (Pt 1616) 479, 493 SC and EZEKIEL-HART V EZEKIEL-HART [1990] NWLR (pt 126) 276. where the Supreme Court upheld the same principle.

By the same token, it is also settled that once the court is seised of a matter, it becomes dominus litis (master of the proceedings) and no party is allowed to take any step that will either overreach the court or the other party or present the court with a situation of fait accompli or complete helplessness in which whatever orders it makes might either be rendered nugatory or unenforceable. Such will be an affront on the court. See Ojukwu v. Governor of Lagos State (1986) 3NWLR (Pt 26) 39.

CONCLUSION

The judgment delivered by the High Court of Kogi State on April 17, 2024, finally vindicated Yahaya Bello on this issue as the court pointedly held:
“Thus, the serial action of the Respondent, dating back to 2021, right up to 2024, targeted against the applicant, has corroded their legitimate statutory duties of investigation and prosecution of financial crimes. These collective infractions on the rights of the applicant border on infringement of his fundamental right from discrimination”.

Central to the court’s rebuke is the condemnation of the anti-graft agency’s reliance on media sensationalism, characterized as a form of trial by public opinion. The court firmly asserted the principle that the agency’s role is not to act as both prosecutor and Judge simultaneously; but rather to present evidence within the confines of due procedure. This critique underscores the imperative of upholding the rule of law and granting individuals, including Bello, their rightful day in court devoid of extrajudicial influences.

Beyond the specifics of Bello’s case, there is need for a paradigm shift whereby agencies such as the EFCC, Police, ICPC, DSS et al, adopt a more public-friendly stance akin to their counterparts in advanced jurisdictions such as the United States, the United Kingdom and many European states. The importance of viewing law enforcement as a Service rather than as a Force, underscores the necessity of cultivating public trust and confidence through transparent, law-abiding practices. I hereby emphasize and advocate (as I have always done), strong institutions; not strong men.

We must, therefore, strike a balance between reporting matters that are of public interest and respect for the dignity of persons. In India, the Law Commission in its 200th report, “Trial by Media: Free Speech versus Fair Trial under Criminal Procedure (Amendments to the Contempt of Courts Act, 1971)”, has recommended a law to debar the media from reporting anything prejudicial to the rights of the accused in criminal cases, from the time of arrest to investigation and trial.

No individual, regardless of his position or authority, is above the law. There is no exception in the sense that even those who are protected from prosecution by the immunity clause in section 308 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, will after vacating the office be answerable like all other citizens and subject themselves willingly or unwillingly to the law. By holding both governmental and non-governmental actors accountable to the law, a commitment to fostering a culture of accountability and respect for individual rights is built and maintained.

Be that as it may, the laid down procedures must be followed accordingly. Where such laid down procedures are not tenaciously complied with, it will become an agency of government dictating its own rules, procedures and modus operandi. This is only typical of an autocratic, despotic and dictatorial government which we do not operate. It is in the light of this that the Commission and all other agencies established by laws must ensure that they conduct their operations within the ambit of the laws that established them. The concept of rule of law entails that all actions of government must be carried out as spelt out by the law without any form of self-help. In an ideal society where everyone, the leaders, the followers and the law enforcement agencies follow the law, a pattern develops where there can be a reasonable expectation of what will occur in any given situation. And ultimately, this provides security and safety as people do not need to panic out of uncertainty or feel worried about any situation since what will happen is readily predictable.

In the light of these considerations, there is need for a reevaluation of law enforcement practices and a renewed dedication to upholding the rule of law. There must be a balance of the imperatives of justice with the protection of individual rights, particularly in the face of media scrutiny and public pressure.

For now, citizen Yahaya Bello wears the toga of victimhood and not of aggression. He should be allowed to have his fair day in court without the present needless ruckus and brouhaha.

PROF MIKE OZEKHOME SAN, CON, OFR, FCIArb, LL.M, Ph.D., LL.D., D.Litt, D.Sc. is a constitutional lawyer and human rights advocate

Opinion

To Uncle Mike at 71 by Olusegun Awolowo

Published

6 days ago

April 28, 2024

Eric

My Dear Uncle,

Happy birthday Chief Mike Adenuga ! The Big Bull himself! Your life is a testament to resilience, determination and unwavering commitment to excellence.
You are certainly a titan amongst men, a visionary whose strides have reshaped industries and inspired countless dreams.

Your remarkable impact on Nigeria transcends mere success; it is a legacy of inspiration and transformation. Through your visionary leadership and entrepreneurial spirit, you have not only built a business empire but have also paved the way for countless others to dream big and achieve greatness.

Your influence has been profound. Your achievements serve as a beacon of hope, reminding me that with hard work and dedication, anything is possible.

As we celebrate another year of your remarkable journey, I am reminded of the words of Nelson Mandela:

“What counts in life is not the mere fact that we have lived. It is what difference we have made to the lives of others that will determine the significance of the life we lead.”

Dear Uncle your life is a testament to this profound truth.
As you continue to bring joy and laughter to the lives of countless people may the good Lord reward you with His grace and mercy .

Here’s to many more years of success, good health and continued impact.

Happy birthday, Uncle Mike

Opinion

We Can All Learn Tolerance from Globacom and the Yoruba

Published

6 days ago

April 28, 2024

Eric

By Reno Omokri

When the Central Bank of Nigeria relocated some departments to Lagos, there was an uproar on social media. Tinubu wants to move everything to Yorubaland.

But now that the Nigerian Navy is moving its training base headquarters from Lagos to Onne, in Rivers State, there is silence online. Nobody is saying that the Chief of Naval Staff, who is from Enugu, is moving that critical infrastructure closer to his region. And that is the right thing to do. Onne is a better location for the navy.

Please note that the Naval Training Command headquarters is a more significant infrastructure, and has more human resources than the departments of the CBN that moved to Lagos.

Recall that some individuals tried to pull off a Yoruba nation agitation in Ibadan a few weeks ago, look at how their own Yoruba kith and kin clinically dealt with them. And not even by the Federal Government, but by the Oyo State Government, which is in opposition to the Federal Government. Elsewhere, secessionists are protected, and even celebrated by the local population, and the State Governments look the other way.

One man even boasted that, “They are not terrorists. I meet them and live with them.” Please note that this is a direct quote.

Let us learn to imbibe the tolerance of the Yoruba, and Nigeria will go well.

The Omoluabi culture of tolerance stems from their culture, not from their DNA, so it is something all of us can also learn. It a not a racial trait, like their ability to have more twin births than any group on Earth.

It is built on two platforms. Iwa, which means moral character (Omoluabi actually is short for Omo-ti-Olu Iwa-bi, meaning children that the Lord of moral character gave birth to).

The second platform is Ebi, meaning family. Omoluabi Yoruba are taught to uphold fraternal relations above money and power. And not just among Omoluabi, but with all peoples.

That is why, for example, Colonel Fajuyi rejected the offer to surrender Major General Johnson Aguiyi-Ironsi to rebellious Northern officers, and replace him as Military Head of State. He voluntarily chose to follow Ironsi to his death. That is a combination of the Iwa and Ebi ethos.

And it continued even after Fajuyi’s death. How?

After Ironsi and Fajuyi’s death, Fajuyi’s successor as Military Governor of the Western Region, Adeyinka Adebayo, looked after Ironsi’s children, who lived with him in his house. I bet you never knew that. Please, fact-check me.

Do you know the most Islamic state in Southern Nigeria? It is not Lagos. Please research it. The state with the highest percentage of Muslims in Southern Nigeria is Osun State.

Yet, the indigenes of that state voted for a man who is both officially a Christian and a Muslim as their Governor. Yes. Please fact-check me. Senator Ademola Adeleke regularly attends church and not so regularly attends mosques. At best, he is a Chrislamist. But officially, he has been tagged as a Christian in certain publications.

So, Osun has a Chrislam Governor, who just happens to be half-Igbo (Senator Adeleke’s mother was Igbo and he was born in Enugu), a Christian Deputy Governor, and a Christian Speaker. Please note that Osun recently changed Speakers, and I do not know the religion of the new Speaker, Prince Adewale Egbedun. But his predecessor, Timothy Owoeye, is a Christian.

Recently, I had cause to defend Chief Eric Umeofia over the attempts by some people to destroy his business, and I cautioned them to understand that he had 4,000 employees. Though this fellow is not from the Southwest, those who led the effort to save his reputation and business are from the Southwest.

This is the type of pan-Nigerian spirit that we can learn from the Yorubas as we all imbibe their Iwa and Ebi ethos.

And nowhere do we see that culture on display better than at Globacom. This is a company wholly owned by an Ijebu man, Dr. Mike Adenuga. Yet, even when there were prominent Ijebu and Yoruba artists who were the biggest singers in Nigeria at that time, Globacom deliberately chose to promote the principle of One Nigeria.

Sunny Ade was there. D-Banj was then the hottest artiste in Nigeria. Paul Play Dairo was at that time ruling the airwaves with Mo Sori Ire.

But Globacom ignored them. The company took a relatively unknown as at then group. They took P-Square, and made them the face of their brand. And they sent them to etiquette school. Glo had P-Square on billboards all over Lagos and Nigeria. You could not go from Ikoyi to Victoria Island without seeing a giant Goo billboard with Nigerian music stars.

Dr. Adenuga bought P-Square their first brand-new Mercedes G-Wagon. Then he bought them brand new Range Rovers.

As Glo ambassadors, P-Square were featured on CNN for the Glo with Pride campaign, which blew them up worldwide. They thereafter bought houses in America, and would have become even more prominent globally, until quarrels over business made the twins separate for almost five years, which affected their fame.

But then there happened to be a quarrel between one of them and Seun Kuti, and in the heat of the moment, Peter Okoya called his own father “a nobody”. Not Seun’s father. Fela was never a nobody. No. Peter Okoye referred to his own father as a nobody.

Such a thing can NEVER happen in Yoruba land. Never a thousand times. And if by mistake a Yoruba man dares do that, the community will beat him to a pulp the way Ibadan people beat the Yoruba nation agitators three weeks ago.

There is nothing wrong with Air Peace using an Isi-Agu costume as the uniform for their flight attendants. I defended them publicly. Please research it. My defence of Air Peace went viral.

But let me say here that if Air Peace had been owned by Dr. Adenuga, they would have taken a different approach.

Happy 71st birthday to one of Nigeria’s most outstanding entrepreneurs ever, bar none. Dr. Mike Adenuga Junior.