Opinion
History Beckons and I Will Not Be Silent (Pt. 1)
Published
2 years agoon
By
EricBy Chukwuma Charles Soludo, CFR
My attention has been drawn to some of the tirades on social media following my frank response during an interview on Channels TV regarding the “investments” Mr. Peter Obi claimed to have made with Anambra state revenues. Sadly, several of the comments left the issue of the interview to probe or suggest motives, inferred from my response on “investment” that I am opposed to Peter Obi’s ambition and therefore committed a “crime” for which the punishment is internecine abuse and harassment even to my family. Some people even suggest that the gunmen who went to attack a checkpoint at my hometown on Saturday 12th November but were gunned down was part of the mob reaction. I used to think that for decent people, certain conducts are off-limits, and that in Anambra, politics is not warfare.
Of course, as a Christian, I know that telling the truth can be very costly, even suicidal. Our Lord and saviour was crucified simply for telling the truth the people did not want to hear. I promised that I won’t be the usual politician, and will not knowingly lie to the people. I am not an Angel but rather than knowingly repeat the same deceitful character that politicians are known for, I would leave public office. It is a vow I made to my God and to my family. Only God knows how many days I will be on this seat but whether I am on it or not I will always say it as it is— knowing fully the suicidal consequences of telling the truth in a political arena, especially in a country where lying and deceit by politicians have become culture and celebrated as being “smart”.
Ideally, I should just have laughed off the infantile exuberances as many friends advised (I am used to this, having been in the ‘Arena’ for a while). I always re-read the quote “The Man in the Arena…” by President Theodore Roosevelt (1910) to remind myself of the burden of public office. Several well meaning Nigerians and Ndigbo called to advise that I should just ignore them. A respected Igbo elder-statesman who called, advised that I should just ignore what he described as “Peter Obi and his social media mob”. According to him, “everyone knows that he is going nowhere, but they are looking for who to blame”. After some 20 minutes of discussion, he advised that I should personally author a response— just for the records.
Everyone knows that I don’t follow the winds nor one to succumb to bullies, nor shy away from a good fight especially when weighty matters of principles and future of the people are involved. One lesson I learnt from my former boss and mentor, President Obasanjo, is never to be on the fence. I learnt that one must always take a stand: for better or for worse. I do so with every sense of humility, and leave history to judge. Most people have commended me for “tactfully avoiding being drawn into the Peter Obi issue” until now. Since I am now being forced into the Arena on this matter, I have a duty and a right of reply, if only for the records, and to also give the social media mob something substantive to rant upon and rain their abuses for weeks. In this preliminary response, there are some things I will refrain from saying here because, in the end, February/March 2023 will come and go, and life will continue.
At the outset, let me state that this exhibition of desperation, intolerance and attempt to bully everyone who expresses the slightest of dissent is reprehensible. This is Hitler in the making. When the revered Arch Bishop Chukwuma stated that in Enugu State, they were not obedient, he was ferociously bullied on social media. Any dissent is tagged a saboteur or, in my case, it could be that I want to contest for president after office or that I am envious of Peter Obi. Soludo envious of Peter Obi? Totally laughable! But this is the same person I was asking to return to APGA in March 2022 and contest for president and yet envious or doesn’t want him to be president. This is madness! Seriously speaking, the obdurate attempt to muscle the republican Igbos to maintain the silence of the graveyard is antithetical to everything Igbo. It is not who we are. Insulting other ethnic groups and religions or denigrating others is certainly not the path to Aso Rock. If this is not checked, it may indeed endanger the future political and economic interests of the Igbos.
In his time, Dr. Nnamdi Azikiwe was the undisputed all time leader of the Igbos but he had his arch rivals and even independent candidates won landslide elections against his party, NCNC, in Igboland. Obafemi Awolowo had stiff opposition among the Yorubas while Ahmadu Bello had his share of opponents in the Northern region. Today, no one has accused Afenifere or other strong presidential candidates from the South West of being “anti Yoruba” because Tinubu is a frontrunner, nor has anyone accused Kwankwaso and several other Northern candidates of being “anti-North” for not supporting Atiku. As a full blooded republican Igboman and democrat, I reject this despotic intolerance.
Yes, I fully understand the anger of some urban and Diaspora youths and some Nigerians who are dissatisfied with the trajectory of the country or with the candidates of the major parties and wished other options. Not knowing much about others, some see Peter Obi as the contrast they wished for. I get the point. But this is a democracy: the minority will have their say, but the majority their way. Translating anger and social media agitation into political outcomes requires humongous work.
For full disclosure, let me state that Peter Obi and I are not just friends, we call ourselves “brothers”. But we have political differences: he left APGA for PDP after his tenure as Governor while I have remained in APGA since 2013. During the last two governorship elections in Anambra in 2017 and 2021, he led the PDP campaigns but APGA won landslide in both elections. By the way, in 2016, he visited and proposed that I defect to PDP and contest the 2017 election against the incumbent Willie Obiano, but I declined. After my victory in November 2021, he called to congratulate me as I did to him in 2010. That is the Anambra way: we fight fiercely during campaigns but share drinks at the next social events. After all, it was the great Zik of Africa who taught us that in politics, there are no permanent friends or permanent enemies but only permanent interests.
We sat next to each other during the Emeka Anyaoku lecture at Nnamdi Azikiwe University on 8th March, 2022 and I made an offer for him to return to APGA and contest as its presidential candidate. Yes, I did. In my mind, it was time for Igbos to organize their region politically before stepping out to bargain power with other organized coalitions. On his part, he tried to convince me that he expected APC to unravel while PDP would be the “only one” standing. We debated and he proposed that we could meet later to discuss further. He attended my inauguration on March 17. A few weeks later, he requested and I obliged him to use the Anambra State government house facility to launch his presidential bid under PDP. I was surprised to read in the news later that he had defected to LP (a party with literally zero structure), thereby attempting to weaken the same PDP he saw as the saviour a few weeks earlier. He paid me a courtesy call as the presidential candidate of LP, and we had frank discussions.
During our meeting, I reminded him of my proposal to him to come and contest under APGA. More importantly, I told him (possibly to his surprise) that I did not make the proposal in the belief that he will win in 2023 but that it would give us the opportunity to get our people organized as a bargaining force, with him leading the effort since I was busy as Governor (my immediate predecessor, Willie Obiano had indicated to me that he was not disposed to contest an election). We noted that we were in opposing political parties and in response to my direct question as to how I might help him, he requested that I should just ensure a “level playing field” and let the people decide. In fidelity, my government has provided the atmosphere for him and his supporters to operate freely in Anambra without any molestation (compare with treatments to LP even in other South East states), and allowed his billboards which are, in many places, wrongly placed almost on the roads. As a person, I have several shortcomings but being petty is not one of them. We have shown him tremendous goodwill—which he did not extend to the same Labour Party when he was Governor (Senator Ifeanyi Ubah, as LP governorship candidate in 2013 was denied the use of Ekwueme Square for his rallies).
Someone reminded me that a mob has no head and hence cannot reason. The same Peter Obi was one of those who told Ndigbo that APGA was the vehicle through which Igbos would organize to engage the rest of Nigeria politically. He was said to have sworn to Ojukwu and publicly that he would quit politics the day he leaves APGA. The rest is history. When he was the Vice-Presidential candidate under PDP in 2019, the emotive train then dubbed the ticket “the Igbo project”. As then chairman of planning and strategy committee of Ohanaeze Ndigbo Worldwide, I cautioned for a more pragmatic approach but the emotive blaze of the time held sway. We were vindicated afterwards.
By the way, APGA is Nigeria’s third largest political party today (after APC and PDP, it is the only other party with a state governor and third largest presence at the National Assembly). And some people have the temerity to suggest that APGA’s candidate should “step down” for Peter Obi as the “Igbo candidate”. I wonder when Igbos met to choose a candidate. They even argue that afterall APGA supported President Jonathan and did not field a candidate then. Well, the fact as I was told was that no candidate showed interest under APGA then. Besides, APGA’s unwritten rule then was to support the party at the centre — which, if we apply this time, should actually be APC. But we have our own candidate. Recall that all the political parties had their primaries during the same period. Once Peter Obi realized that he won’t get the presidential or vice-presidential ticket of PDP he ran to Labour Party (a political party known as a transit camp for aspirants who lost primaries in APC, PDP and APGA), and the chorus by a vociferous minority now is that LP has become the “Igbo project”, and the APGA candidate who emerged the same time as Peter Obi should “step down”. Ridiculous! Now I truly understand that a mob cannot reason.
When will Ndigbo understand and learn politics, especially of Nigeria? When Bola Ahmed Tinubu defied the political wind of the time and stood out as the “only man standing” in AD and later AC (before ACN) against a sitting president of Yoruba descent, no one accused him of being “anti-Yoruba”. Indeed, everyone recalls that both Tinubu and President Obasanjo disagreed politically, and probably still disagree—but none is being accused of being “anti- Yoruba”. Under Tinubu, the South West strategically organized under a different political party, the ACN and went into a formidable alliance that kicked out a sitting president (in Africa?), and that alliance is not broken yet. Igbos, in their frenzied Nzogbu nzogbu politics, have sadly found themselves in a political cul de sac. Tragic indeed! When will my people smell the morning coffee?
Let me now address the substance of my response during the interview, and I stand by what I said. On record, I doubt that any governor in Nigeria has paid as much tribute to his predecessors as I have done during campaigns and in office. I always said that ALL of them did well and to the best of their abilities. Yes, Peter Obi was governor for 8 years (2006 -2014) during a period of unprecedented oil boom and prosperity in Nigeria (Nigerian economy was growing at average of 6-8% per annum, and oil price was highest during this time). I have seen all kinds of funny comments and interpretations regarding what I said about the value of his “investments”. Some refer to SabMiller and bandy all kinds of figures as to how the investment of $12 million is now worth less than $3 million. Of course, there is room for legitimate debate about the logic or quality of the investments. For example, people might differ as to the propriety of using taxpayers money to promote a company in which one is a shareholder in the name of “investment”, or even whether so called “savings” are warranted when there were dozens of schools without roofs or classrooms, or local governments without access roads or hospitals without doctors/nurses. A Bishop recently publicly advised that I should please try to construct the “Ngige type of quality roads”, stating that the ones done by his successor (that is, Peter Obi) had washed off, while Ngige’s remained. I promised and we are delivering quality roads that Anambra has not seen before.
For sure, prudence in public resource management is desirable and we are opening new frontiers in that area. People will however differ as to whether saving money in the bank account is a KPI (key performance indicator) for a government where poverty is escalating except where its institutions for absorption are weak or where the government has no robust/big agenda for transformation. Governments exist to save lives, not to save money. We can debate and differ on this— (by the way, I know when/how it is appropriate to “save” as I built Nigeria’s foreign reserves from $10 billion I inherited to all time $63 billion, and even after paying $12 billion to pay-off Nigeria’s external debt and going through unprecedented global financial crisis, I still left behind about $45 billion— Go and verify!).
Funny, in the rabid frenzy to grab every straw, they cut a clip during our governorship debate where I was stating vital statistics and they claimed that I was “praising” Peter Obi then while committing a crime now by “criticising” him. Hahahaha! Well, it is true that I said during the debate that, according to National Bureau of Statistics, poverty in Anambra actually grew (from less than 25% in 2005) to about 53% under Peter Obi in 2010/2011 but fell under Willie Obiano to 14.78% in 2020. Yes, poverty more than doubled under Peter Obi and more than 50% of Ndi Anambra were in poverty under him. Go and verify! I am Governor, and sitting on privileged information which I will not want to use against a political opponent. But on matters of facts, I will always state same as is. As the saying goes, you can fool some of the people some of the time but never all the people all the time. Enough said for now!
Where do we go from here? I listened to my friend Gov El-Rufai on TV explaining why the northern governors decided that power should shift to the South. According to him, they asked themselves what would their founding fathers—Ahmadu Bello, Tafawa Balewa or Aminu Kano have done in the circumstance. Today, I ask my people, Ndigbo: do we ask what Azikiwe or M.I. Okpara or Akanu Ibiam would do in the present circumstance? I worry that Ndigbo as Nigeria’s foremost itinerant tribe and with the greatest stake in the Nigerian project does not yet have a strategy to engage Nigeria—politically! Every four years, we resurface with emotive Nzogbu Nzogbu political dance (“it is our turn dance” but without organization or strategy) and fizzle out afterwards while others work 24/7 strategizing and organizing.
Let’s be clear: Peter Obi knows that he can’t and won’t win. He knows the game he is playing, and we know too; and he knows that we know. The game he is playing is the main reason he didn’t return to APGA. The brutal truth (and some will say, God forbid) is that there are two persons/parties seriously contesting for president: the rest is exciting drama! That many Americans may not like the fact that Joe Biden (79 years) and Donald Trump (76 years) are two frontrunners for president in their parties does not remove the fact that if both of them emerge as candidates, definitely one of them will be president in 2024.
As my brother, I wish him well and even pray for him. I told him during his courtesy call that my prayer is that himself or Prof Umeadi of APGA would win, why not? That is from my heart, but I also told him that my head and facts on the ground led me to know that it’s probability is next to zero (what I cannot say before you, I won’t say behind you). So I already told him my opinion. Indeed, there is no credible pathway for him near the first two positions, and if care is not taken, he won’t even near the third position. Analysts tell him you don’t need “structure” to win. Fantasy! Of course, LP won governorship elections in Ekiti and Osun on social media and via phantom polls, while getting barely 2,000 votes on ground. Creating a credible third force for presidential election in Nigeria requires a totally different strategy and extreme hard work.
Of course, Peter Obi will get some votes, and may probably win in Anambra state— as “home boy”. But Anambra is not Nigeria. If he likes, I can even campaign for him but that won’t change much. From internal state by state polling available to me, he was on course to get 25% in 5 states as at August this year. The latest polling shows that it is down to four states, and declining. Not even in Lagos state (supposed headquarters of urban youths) where Labour Party could not find candidates to contest for House of Reps or Senate. The polls also show that he is taking votes away mostly from PDP. Indeed, if I were Asiwaju Tinubu, I would even give Peter Obi money as someone heading one of the departments of his campaign because Obi is making Tinubu’s pathway to victory much easier by indirectly pulling down PDP. It is what it is!
The current fleeting frenzy, if not checked, will cost Ndigbo dearly for years. The South East has the lowest number of votes of any region, but it is also the only region where the presidential race might be a 4-way race (it is a two-way race in the other 5 regions) thereby ensuring that our votes won’t count in the making of the next president of Nigeria. Afterwards, we would start complaining that we don’t get “what we deserve” or cry of marginalization. During the 2019 presidential election, the five South East States were united for PDP but contributed merely 1.6 million votes to PDP which was about the votes that Kano state gave to Buhari. The emotions might run to heavens but politics-power is about cold calculations, organization and building alliances for power. In a democracy, it is a game of numbers. So far, I don’t see any of these— and 2023 might again be a wasted opportunity for Ndigbo! What is our Plan B when Peter Obi loses in February 2023? Some people prefer that we should play the Ostrich while Peter Obi toys with the collective destiny of over 60 million Igbos. Yes, you pray that he wins, but what if he fails as he is certain to? The Bible says that my people perish for lack of knowledge. As the saying goes, only those who Plan can control the future. Ndigbo, wake up and smell the coffee!
What would Zik of Africa or M.I. Okpara do in this circumstance? Our founding fathers understood that in politics, you don’t get what you deserve but what you bargain/negotiate, and you negotiate with your organization and VOTES. Not social media militancy or bullying (where over 90% of actual voters are not on social media)! Our fathers built alliances with other major political parties in other regions (not with socio-cultural groups that don’t command any votes), and Ndigbo were in the reckoning in the first and second republics. After the elections, we will see how many votes any of the leaders of the socio-cultural groups will get for Peter Obi from their wards. Sometimes I even sense a conspiracy to nudge us on a path to nowhere thereby further pushing us into irrelevance, and I pray that I am wrong. Just my two cents!
It is not too late for Ohanaeze Ndigbo and progressive Igbo leaders to pre-emptively start charting a pragmatic future for Ndigbo in Nigeria after the elections. Armchair social media analysts can have the luxury of fantasizing with wild speculations. Right or wrong, they earn their pay and with no consequences. For us as leaders, the lives of tens of millions are at stake. We have a historic duty to act and being silent or politically correct is not an option. For starters, Ohanaeze should study the report of my committee (planning and strategy) in 2019. It may still be relevant today. Second, Ndigbo should seriously study the MoU signed at the Yar’Adua Centre in 2010. The leader of Igbo Political Association, Chief Simon Okeke and our members are still there. Thirdly and for me, Ndigbo should strategize and bargain especially with the TWO candidates likely to be president on at least four central issues:
A) Lasting peace and security in the South East, including the release and engagement with Nnamdi Kanu.
B)South East Economic transformation agenda and the FGN’s Marshall Plan for the South East as promised since the end of the Civil War (the post war ‘reconstruction’). We appreciate the Second Niger Bridge and recent contract for MTN to reconstruct the Onitsha-Enugu expressway. But the rail-lines to the five state capitals, speedy access to the sea, highways linking South East to the North and South South, addressing our existential threat as gully erosion capital of Africa, Free Trade and Export Processing Zones, etc.
C) Restructuring Agenda for Nigeria that devolves powers/resources to the subnational entities and in which it would no longer matter where the President comes from.
D) Levelling the playing field for the unleashing of the private sector and the full participation of Ndigbo in the economic and governance space; etc.
To conclude, let me once again wish my brother Peter Obi good luck. He should have fun and enjoy the fleeting frenzy of the moment. But he must moderate the desperation as exhibited by his social media mob. There is a limit to propaganda. A mob action often reflects the character of its leader. No one has a monopoly of social media violence, and no one should play God. Life won’t end by February/March 2023.
I hope that after February 2023, Peter Obi will return to APGA (the party that made him everything he is politically) as I offered him on 8th March, 2022 and begin the hard work, if he truly wants to be president of Nigeria. It won’t happen by desperately jumping from one party to another or by unleashing a social media mob on everyone who slightly disagrees with you. I decided to pen my views personally — again for the records. On this, I don’t mind being a one man minority. As history beckons, my conscience and sense of duty to my people dictate that I should never be silent. I will happily accept the judgment of history for standing by the truth!
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By Prof Mike Ozekhome SAN, CON, OFR, LL.D.
“Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed” (Martin Luther King, Jnr). Justice Walter Onnoghen who was unfairly disgraced out of office presumably as a crook by former dictator President, General Muhammadu Buhari, has just demonstrated this apophthegum through three appeals, namely CA/A/375/2019; CA/A/37/SC/2019 and CA/373C/2019. He valiantly fought for his freedom through these three appeals against his April 18, 2019 outrageous conviction which was schemed by Buhari and his kitchen cabinet to humiliate Onnoghen out of the Bench so as to make CJN, his preferred candidate (Justice Tanko Mohammed), CJN (rtd.) on the eve of the 2019 presidential election. Buhari knew he had performed dismally and would be rejected at the polls by angry and hungry Nigerians. So he went Judge-shopping. The rest as they say is history. The legal saga of Justice Walter Onnoghen is not just the story of one man’s acquittal, but a larger commentary on the poor state of Nigeria’s judiciary and the ever-present tensions between political power wielders and judicial independence. It is a story fit for a Grammy Award movie. His acquittal on 4th November, 2024, by the Court of Appeal in Abuja, marked a significant chapter in Nigeria’s legal history, casting a powerful shadow of doubt and curious spotlight on the principles of separation of power, due process, the sanctity of judicial independence and the perils inherent in political intervention. The appeal that restored Justice Onnoghen’s hard-earned reputation and returned his assets to him is also a profound testament to the importance of procedural integrity and jurisdictional boundaries in any democratic society.
I had the opportunity in the nineties to appear before the brilliant Judex while he was a High Court Judge of the Cross River State Judiciary, Calabar. I know he was a man of integrity and character. During the infamous Onnoghen’s trial by ordeal, I made many interventions. In one, I said:
“A strong judiciary is one of the irreducible fundamental platforms for any meaningful constitutional democracy. If you terrorise, intimidate, harass and humiliate the judiciary, using strong hand and brute force, it is a stage set for bidding democracy farewell”- Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
In a world where the judiciary stands as the final arbiter of justice, Justice Onnoghen’s story is one of a victim who faced unprecedented tribulations, endured a long agonising path to redemption. He ultimately emerged victorious. The appeal process that culminated in his acquittal is a reminder that justice may sometimes be delayed, but it can never be forever denied.
HOW THE APPEAL COURT ACQUITED ONNOGHEN
The verdict by the Court of Appeal represented a turning point in a legal drama that had captivated Nigerians and raised profound questions about the nature and quality of justice in the country. On the 4th of November, 2024, a three-member panel led by Justice Abba Mohammed ruled in favour of the ex-CJN, Walter Onnoghen, acquitting him of the charges initially levied in 2019 by the Code of Conduct Tribunal (CCT) in 2019. This decision not only vacated the earlier conviction but also ordered the unfreezing of all his bank accounts, thus restoring his financial freedom that had been denied him since the controversial trial began.
I have been overwhelmingly vindicated in all my angst and ventilations against the victimhood suffered by Onnoghen. Hear me:
“The CJN can be removed from office either if he has been convicted or if under section 291 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote” – Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
The acquittal judgement was predicated on a legal principle central to the Nigerian jurisprudence which articulates around jurisdiction. The Court of Appeal asserted that the CCT had no authority in the first instance to try and convict Justice Onnoghen having not passed through the National Judicial Council (NJC). This oversight, the appellate court argued, rendered the entire proceedings null and void. This requirement had been emphasized in Nigerian case law with decisions such as FRN v. NGANJIWA (2022) LPELR-58066(SC) and OPENE v. NJC & ORS (2011) LPELR-4795(CA), which clearly emphasise that judicial officers must first be vetted by the NJC before facing any criminal trial by a tribunal or court. This process is designed to protect the judiciary and its judexes from strong-hand politicians and political interference, thus ensuring that judges are treated with the respect, dignity and due process that their offices richly deserve. I had angrily queried:
“…Our system of justice being Anglo-Saxon based, which is accusatorial, meaning that the innocence of a person is presumed. It is different from the criminal justice system of the French model which is inquisitorial, wherein the guilt of an accused person is presumed. This doctrine has been encapsulated in section 36 of the 1999 Constitution, as amended, that the person’s innocence is presumed until he has been proven guilty. Assuming for example that Senator Bukola Saraki had been forced to resign his office when charges were brought against him before the same Code of Conduct Tribunal almost three years ago, what would have happened and what would have been his fate when the Supreme Court eventually discharged and acquitted him of the charge, following judgements and earlier order of the Court of Appeal and the Code of Conduct Tribunal itself? If you ask me, I sense serious political undertones oozing from this so-called imminent arraignment of the noble CJN. Question, when did they discover the alleged offence for which they now want to charge him on Monday? Was it just yesterday, was it last week, two weeks or six months ago? The CJN has been in office now for well over one year, how come that this misconduct or whatever offence that he is being alleged, was not seen up to now? How come, that it is just less than 40 days to the 2019 Presidential election, when the CJN is going to play the major role in constituting the Presidential election petition tribunal, that he is being moved against? Who is afraid of the Judiciary? Who is afraid of Justice Onnoghen and his impartiality and straightforwardness? How come we are reducing governance in Nigeria to one of impunity, one of despotism and one of absolutism. Don’t this people know that the world is laughing at us? Did we not see how Dino Melaye was yanked out from police hospital and taken to DSS quarters when he had no business or case with the DSS and DSS had no case against him. Did they not see Dino Melaye, a serving Senator of the Federal Republic of Nigeria, sleeping in the open yesterday? Do they go on social media and do they watch international televisions? Do they know how the whole world is deriding us in this country? That governance has been reduced to mere witch-hunt, very opaque, very unaccountable, very un-transparent and very very fascist! Can’t they see that?”- Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
My intervention as far back as 2019 served as a reality-check, pointing out that removing a Chief Justice can never be a whimsical decision; it is bound by the checks and balances that keep our justice system watered. My then reference to “impunity, despotism, and absolutism” hit like a huge hammer, evoking the imagery of a judiciary under siege of political transaintionists. By drawing parallels with then Senators Saraki and Dino Melaye’s own public tribulations, I attempted to paint a vivid picture of a prostrate justice system afflicted by power jackbootism.
Justice Onnoghen’s acquittal is a clear victory for judicial integrity, independence and an affirmation that the judiciary cannot be used as a pawn on political chessboards. The ruling also reinforces the fact that procedural lapses, especially in matters bordering on citizens right and high-ranking judicial officers, are unacceptable and grossly violate the principle of fair trial. As the Bible counsels in Proverbs 31:9, “Speak up and judge fairly; defend the rights of the poor and needy.” This verse captures the essence of due process, emphasizing that justice must be dispensed with fairness and respect for established procedures. I did not mince words then in condemning the executive lawlessness unleashed on Onnoghen:
“It must be pointed out that this latest step by the CCT… appears to be teleguided by the dictatorial Executive, especially the presidency” – Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (14th February, 2019).
The ugly circumstances surrounding Justice Onnoghen’s initial trial and conviction by the CCT underscore the potential dangers when procedural norms are bypassed. My passionate critique of the dastardly role played by the Buhari-led administration from 2015 to 2023 as regards Onnoghen’s trial by ordeal revealed the high stakes which were at play. By overstepping the NJC, I had warned then that unchecked executive power could encroach upon the independence of the judiciary which will ultimately undermine the very foundation of democracy.
THE PRECEDENT OF JURISDICTION AND JUDICIAL INDEPENDENCE
Justice Walter Onnoghen’s acquittal by the Court of Appeal is not just a victory for one individual, but a landmark affirmation of a fundamental principle of law, that jurisdiction is the bedrock of any valid legal proceeding. Without proper jurisdiction, any judgement rendered is, as many legal scholars have agreed on, will merely be an exercise in futility. This principle is enshrined in our legal jurisprudence to protect the sanctity of judicial offices and prevent arbitrary persecution. The Court of Appeal’s decision to vacate Justice Walter Onnoghen’s conviction reaffirmed this core legal tenet, sending a clear message that the judiciary is not a toothless bulldog and tool to be wielded by the executive or any other arm of government.
“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Jr. The Nigerian legal framework, supported by landmark cases such as FRN v. NGANJIWA (Supra) and OPENE v. NJC & ORS (Supra), outlines that the NJC must first investigate and make recommendations regarding any allegations against judicial officers before any trial can commence at the CCT. This process serves as a bulwark against arbitrary trials, ensuring that judges are not subjected to undue pressure or political intimidation. I had also then warned about the dangers posed whenever these procedural safeguards are disregarded: “The CCT was unrelenting: it discarded its earlier precedents; ignored court rulings barring it from trying Onnoghen. It was the case of the falcon not hearing the falconer”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019).
Thus, five years ago (2019), I was nothing short of prophetic. I had foreseen the critical blunders and overreaches that would compromise the integrity of the judiciary in the Onnoghen saga. My warnings were very clear then about the dangerous precedent that was being set in bypassing due process and using the judiciary as a tool for political manoeuvring. As events have now unfolded, my observations then have proven me to be a visionary critic who critiques (not criticises) a justice system that was then on the brink. I had cautioned against the erosion of judicial independence in the face of executive influence. I had given nine reasons why the CCT’s arrest order on and trial of Justice Onnoghen could not stand. See:
(https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).
My list was not just a check-list of procedural irregularities; it was also an indictment of a system seemingly hijacked by political buccaneers. Each point landed like a blow, revealing layers of oversight that were by-passed; up to the requirement for humane treatment under the ACJA that was ignored. I meticulously built my case, demonstrating that Onnoghen’s trials were not just about one man, but about the sanctity of the judicial process itself. It was persecution, not prosecution.
My vivid metaphor of the then CJN being “mob-lynched,” painted a grotesque picture of a judiciary cornered by hidoues forces intent on humiliation rather than achieving justice.
Justice Onnoghen’s acquittal by the Court of Appeal thus serves as a reaffirmation of judicial independence, reminding all branches of government that the rule of law cannot be compromised for political expediency. As the Bible says in Psalm 82:3, “Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.” These words resonate deeply in the context of Onnoghen’s trial, encapsulating the judiciary’s duty to protect the innocent from unwarranted persecution and uphold the principles of justice.
POLITICAL UNDERTONES AND THE QUEST FOR JUDICIAL AUTONOMY
Justice Walter Onnoghen’s journey from indictment to acquittal reflects a deeper narrative about the political undertones that permeated his trial. His suspension by then President Muhammadu Buhari which took place only weeks before the 2019 presidential election, had raised significant concerns about the timing and motivations behind the charges. Many saw it as an attempt to influence the judiciary ahead of a critical election, a sentiment I shared and eloquently captured in “Onnoghen… knew that his fate had been pre-determined by the cabal, signed, sealed and delivered”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019)
The timing of the charges, as well as the swiftness with which Onnoghen was brought to trial, laid validation to public perception that Justice Onnoghen was merely targeted for his position and influence within the judiciary. Like I put it then, “Many facts bear this simple deduction out. The petitioner, an NGO, actually committed the Freudian slip by anchoring its petition on ‘bearing in mind the imminence of the 2019 general elections’” – Prof. Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
The Bible, in Proverbs 21:15, declares, “When justice is done, it brings joy to the righteous but terror to evildoers.” The acquittal of Justice Onnoghen, in this light, is therefore not just a personal victory but a broader triumph for all who value justice and integrity.
Like I noted then, “Justice Onnoghen’s removal was also an attempt by the executive arm of government to have a firm control of the nation’s judiciary”- Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (13th February, 2019).
CONCLUSION
Ultimately, Justice Walter Onnoghen’s acquittal is a landmark victory for judicial independence and a testament to the enduring principles of justice and due process. His journey from indictment to acquittal serves as a potent reminder that the rule of law must remain inviolable, even in the face of political pressures.
Onnoghen’s case will remain a watershed moment in Nigeria’s legal history, a vivid reminder that the judiciary’s role is to safeguard the rule of law, protect citizens’ rights and ensure that democracy even when faced with formidable forces of political influence, triumphs. It should be able to skillfully navigate through the ever present interplay of centripetal and centrifugal forces.
As Nigeria continues to evolve as a work-in-progress, Justice Onnoghen’s exoneration stands as a powerful reminder to us all that, in the words of Proverbs 21:3, “To do what is right and just is more acceptable to the Lord than sacrifice.” Congratulations, Milord. Enjoy your hard won-back integrity, honour and dignity.
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Opinion
Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67
Published
1 month agoon
October 14, 2024By
EricBy CDS Omon-Irabor Esq
Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.
The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.
Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.
This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.
He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.
The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.
The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.
There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.
Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.
In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.
Obokhian, amonghon, iyare iyare, mooooooh.
CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland
Related
Opinion
Mr. President: Affordable Fuel is Possible at Zero Subsidy
Published
1 month agoon
October 12, 2024By
EricBy Dr. Aliyu U. Tilde
Yesterday evening, I listened attentively to a panel of experts and stakeholders on the BBC program Ra’ayi Riga, anchored by Umaima Sani Abdulmumin. The program ended with a big doubt in my mind regarding a matter purported to be a provision of OPEC and crucial to the price of petrol in Nigeria.
Tyranny
I could not fathom how particularly the representatives of NNPC and IPMAN stressed that Nigerians will be at the mercy of two variables: the international market and the price of the US Dollar in Nigeria. They said OPEC agreement compels member countries to sell allocated domestic crude at international rate even if refined locally. One of them even said the Iran-Israel conflict can cause domestic price of petrol in Nigeria to rise.
So we should expect higher fuel prices anytime the rate of the dollar appreciates in Nigeria and also when, for any reason, there is a rise in the cost of crude in the international market. It is the rule, according to them. Our fate, they claim, is sealed, regardless of our OPEC membership and Dangote refinery. Nigerians will no longer have a stable fuel price.
Trust me, in Nigeria, the equation will be simultaneous. At any given moment, a reason will be found to use either or both parameters to increase pump price. The target of government is to extract more revenue from citizens while the businessmen in Dangote, Major Marketers, NNPCL and IPMAN continue to feed their greed for endless profit with our blood.
One would wonder why OPEC would be so oppressive in inflicting such tyranny on the citizens of its members. Senator Ndume, who was in the panel, said if he cannot understand why, how would they expect a commoner sitting under the tree to do so?
The truth
The truth is that there is no provision like that in OPEC agreements. In fact, the very idea of domestic crude quota arose in realization that citizens of member countries may need to enjoy cheaper oil than the international market price. That is why those citizens have been enjoying cheaper fuel for the past five decades in different countries. Many still do. Why not Nigerians?
If you ask ChatGPT whether OPEC agreement compels member countries to sell crude for domestic consumption at international market price only, this is the answer you get:
“OPEC (Organization of the Petroleum Exporting Countries) does not directly compel member countries to sell crude oil for domestic consumption at international market prices. OPEC’s primary role is to coordinate and unify petroleum policies among member countries to stabilize oil markets and secure a steady supply of oil.
“However, OPEC’s production quotas, agreements on output levels, and policies can indirectly influence domestic oil pricing. In practice, many OPEC members choose to sell crude oil domestically at subsidized rates or prices lower than the international market. This decision is made at the discretion of individual member countries, often as part of national energy policies aimed at supporting domestic economies and industries. Nonetheless, these policies may vary from one member country to another depending on domestic priorities and economic strategies.
“There is no formal OPEC rule that requires domestic sales to match international prices, though it can be influenced by international agreements and market pressures.”
The Truth
The truth is that the President and Minister of Petroleum can sell our 445,000 barrels a day to Dangote at even N50,000/barrel after taking into consideration the cost of extraction and OPEC will not raise any eyebrow. Dangote can charge the cost of refining, add his profit and sell to NNPCL and IPMAN at, say, N300/litre. On their part the marketers will add their cost of transportation, storage, profit, etc., and sell it to Nigerians at N400/litre. And—boom—we all will be happy.
It is entirely the discretion of the President and his government. So whoever wants to sell our locally produced fuel by that simultaneous equation is on his own. There is no OPEC in the equation.
The Squeeze
Also, among those who would fight against Nigerians enjoying affordable fuel rates are the IMF, World Bank and the West generally. They want the government to squeeze us the more such that we can service our debts and collect more loans from the Shylock. The age long philosophy is: our poverty, their wealth; our pain, their joy.
Added to these are local liberal economists who believe in high taxation, claiming that the blood money will be used to develop our infrastructure, health, education, etc. It is just the same old bunkum selling since 1986 at the debut of Naira devaluation while our infrastructure, hospitals and schools continue to deteriorate in rebuttal of that thesis.
A Call
I call on the President to consider the low income status of our citizen. Only affordable fuel price will hold together our social fabric, ensure our prosperity and guarantee our security. It is zero subsidy because we are not buying it from anyone. It is our oil.
The President must keep in mind that the IMF and oil magnates are not his partners in 2027. He is on his own. They will be there to outlive him and work with the next President. Let this sink into his psyche. Tam!
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