Opinion

The Oracle: Nigerian Leaders and the Ephemerality of Power

Published

2 years ago

June 9, 2023

Eric

By Mike Ozekhome

INTRODUCTION

Power is as old as the creation of the world. The first expression of power was by God – when he created the Heavens and the Earth. [Genesis Chapter 1 v. 1 – 2]. The Qur’an states that ‘Allah created the heavens and the earth, and all that is between them.’ [7:54].

God proceeded to create man in His own image and likenesswhen he said, ‘Let us create man in our image, to our likeness. Let them rule over the fish of the sea, over the birds of the air, over the cattle, over the wild animals, and over all creeping things that crawl along the ground.’ [Genesis 1 v. 27]. This means that man looks like God, and posses the attributes of God – with absolute dominion [power] over all things created by God. Psalm 82: puts it poignantly: “I said, you are “gods”; you are all sons of the MOST HIGH”.

In the labyrinthine corridors of political power, a captivating dance of death unfolds- where the mighty ascend to the throne with grandeaur of illusion and grand promises, only to find themselves ensnared in the labyrinth of their own making. Such is the mesmerizing tale of power and its ephemeral grip on those who wield it. In the Nigerian political landscape, this narrative has played out time and again, as public office holders have succumbed to the allure of authority, often leading to the abuse, misuse and disuse of power.

The ephemeral nature of power, as highlighted in religious texts such as the Holy Bible and the Holy Quran, emphasizes the transient and fleeting nature of human existence and the potential pitfalls of wielding power arbitrarily and unconscionably, without humility, righteousness and due regard to those at the receiving end.

In James 4:14 of the Bible, it is expressed that humans do not have control over what will happen in the future. Life is compared to a vapor that appears for a short time and then vanishes away. This metaphor conveys the brevity and fragility of human life, suggesting that power, like life itself, is temporary and can dissipate rapidly. Similarly, the Quran, in verse 28:76, narrates the story of Qarun, a person of power during the time of Moses. Qarun abused his authority and tyrannized his people. He was granted immense wealth and treasures, symbolized by the heavy. The supremacy of divine power surpasses the transience of mortal power. God stands as the ultimate force to be acknowledged, while humanity’s existence is temporary. As they say, “Soldier come, Soldier go, Barracks remain”.

The Legendary musical icon, Prince, once said passively that, “But life is just a party, and parties weren’t meant to last.”

The historical chinese politician and poet, Li Shang-yin, also told us that, “And a moment that ought to have lasted for ever has come and gone before I knew.”

The much celebrated Indian author, Krishna Udayasankar, also echoed this, “No empire lasts forever, no dynasty continues unbroken. Some day, you and I will be mere legends. All that matters is whether we did what we could with the life that was given to us.”

I once a read mesmerizing poem that is engraved in my every thought of action, a peom by the highly celebrated English poet, Percy Shelly– “Ozymandias”. This was the first foremost metaphor for the ephemeral nature of power. It was written in a parlance – depicting a traveler telling the speaker a story about two vast legs of stone standing without a body, and near them – a massive – crumbling stonehead lies ‘half sunk’ in the sand. The words on the statute read thus, “my name is Ozymandias, king of kings: Look on my works, ye Mighty, and despair! But today, the statute is broken and even decayed, where is the self – acclaimed king?”.

With this observation, a compelling pattern emerges—a thought-provoking notion that everything, as if orchestrated by the hands of time, may eventually and inexorably reach its transient conclusion.

The terrific Nebuchadnezzer, King of Babylonian, reigned for so many years. After his great fall, and having come to true repentance, he acknowledged the unlimited and unending power and greatness of God, thus: ‘The matter is by the decree of the watchers, and the demand by the word of the holy ones: to the intent that the living may know that the Most High ruleth in the Kingdom of men, and giveth it to whomsoever HE will, and setteth up over it the basest of men.’ [Daniel 4 – 1].

What is power?. an American writer – Robert Green, popular for writing international books on human nature – power related, was asked the meaning of power, and this was his response: “Power is the measure of the degree of control you have over circumstances in your life and the actions of the people around you. It is a skill that is developed by a deep understanding of human nature, of what truly motivates people, and of the manipulations necessary for advancement and protection”.

Returning to the nucleus of our banter, let us embark on an expedition through the intriguing Nigerian terrain, shedding more light on the fleeting nature of dominion bestowed upon the fortunate wielders of power.

Picture this: Nigeria, a land of vast potential and immense diversity, where power dynamics dance like fickle flames in the wind. It’s a place where politicians rise to prominence like shooting stars, captivating the nation with promises of change, progress, and prosperity. But alas, as the old saying goes, “Power corrupts, and absolute power corrupts absolutely.” In this case, it also evaporates like water in the Sahara. In 1655, King Loius xiv of France stood in front of Parliament and imperiously declared “L’etat C’est Moi” (meaning, I am the State”. This was to emphasis his complete hold on power to the exclusion of all other lesser mortals.

Oh, how we have witnessed the Nigerian political stage transform into a theatre of comedy, tragedy and absurd, where the script is written by fate itself. We have seen leaders sprinting towards power, fueled by sheer ambition and infatuation rhetoric, only to stumble and fall on banana peels of their own making. It is as if there is a cosmic prankster, delighting in the ironic twists and turns of political fortune.

An era of authoritarian rule or dictatorship no longer guarantees a leader’s long-term hold on power. While it may prolong their reign, as seen in the cases of Marcos, Khaddafi, Saddam Hussein, or Haile Selassie, it is inevitably bound to reach its end, sometimes through violent means, as witnessed in the fate of certain long-standing Heads of state. Furthermore, the limitations of human lifespan must be taken into account. An individual’s productive years typically fall within the 40 to 50-year range, following a normal distribution pattern known as the “Poisson” distribution. This implies that their most fruitful years span from ages 25 to 75, with the peak occurring between 35 and 65. Considering these factors, the window of power becomes remarkably narrow and encroaches upon the more enjoyable stages of life. Observing some politicians’ maneuvers to cling onto power forever, one might wonder if they harbor the belief of immortality.

Nothing lasts forever, even this life is vanity upon vanity. [Ecclesiastes 1:2 – 8 KJV]. William Shakespeare, in Macbeth from “The Tragedy of Macbeth”: “Life’s but a walking shadow, a poor player that struts and frets his hour upon the stage and then is heard no more: it is a tale told by an idiot, full of sound and fury, signifying nothing.” (Act V, Scene V).

But let us not forget the seriousness of this topic. Beneath the surface of my foregoing satire lies a profound examination of the fleeting nature of power. In a country brimming with potentials, how do we navigate the tumultuous waters of leadership? How do we separate the genuine statesmen from the temporary showmen? And what does it mean for a nation when power slips through the hands of those entrusted with its stewardship?

However, the intoxicating potion of power can be a double-edged sword, corrupting even the noblest of intentions. The abuse of power becomes an inevitable consequence when public office holders who succumb to their baser instincts, using their positions for personal gain, and turning a blind eye to the needs and aspirations of the people they are meant to serve. But in all of this, what is easily forgotten is the ‘EMPHEMERALITY OF POWER’ and position that they hold. With everything in life, nothing is permanent except for the word of God almighty himself. What we ask again, and again is, Leaders, what do you want to be remembered for when you leave power? For certainly you must leave someday. If not today, tomorrow.

Power to these sit-tight leaders is like opium; it intoxicates; it is aphrodisiac, it gives delusional ‘Dutch courage’. It can either make or mar the holder. It is not certain – but – evanescent, fleeting, transitory, volatile and short – lived. (See https://tell.ng/magu-the-ephemerality-of-power-mike-ozekhome-san/).

PRESIDENT BUHARI: FROM YESTERDAY’S STRONGMAN TO TODAY’S VANISHING ACT!

In the realm of politics, power is as transient as a fleeting breeze. It is capable of elevating one individual to the highest echelons of authority, only to swiftly deposit them back into the dustbin of history. As Nigeria’s President Muhammadu Buhari prepares to bid farewell to his tenure, the ephemeral nature of power becomes a glaring reality. Ephemerality stares him in the face. In a race against time, the president now finds himself compelled to attempt making amends so as to leave a lasting impression in the dwindling moments of his authority.

As the sun sets on Buhari’s presidency, the weight of unfinished matters, agenda and unfulfilled promises looms large. He is worried stiff. He says he will run and join his kiths and kins in Niger Republic as a safe haven if he is disturbed in Daura. He means it. He has done so much for the poverty-stricken country using Nigeria’s scarce resources to develop the country. The ever-watchful eyes of the public have always witnessed the rise and fall of leaders grappling with the complex web of power dynamics that define their poor tenures. Buhari, too, has experienced the fickleness of authority; He now understands that time waits for no leader.

In the face of his imminent departure, by constitutional effluxion of time, Buhari is desperate to utilize the remaining days of his vanishing presidency to attempt to make amends and do what he could not do in 8 years. He is now actually aware that his legacy will be shaped by whatever actions he can take within this remaining short span. The concept of a political “swan song” becomes a rallying call for him, as he races against time; against the clock. He now seeks redemption and a chance to reconcile past missteps. Can he do this successfully? I do not think so. Or, do you?

Like a performer on a grand stage, Buhari is noe fully cognizant of the fleeting applause and the ephemeral nature of public favor he had enjoyed so far, even while underperforming. The ticking hands of time now fuels his sense of urgency, urging him to seize the opportunity to rectify the grave missteps that have defined his tenure. Yet, the question remains: Can a leader mend the gaping wounds of a bleeding and beleaguered nation in this twilight of their power? I do not think so. Or, do you?

As we observe the closing chapter of Buhari’s lack-lustre presidency, we witness a leader grappling with the inherent fragility of power. The transitory nature of authority stands as a stark reminder to Buhari that time is an unforgiving adversary. It allows for only a limited window to enact any changes. Buhari’s quest for redemption in this final act is emblematic of the universal struggle to harness the ephemeral nature of power for lasting impact. But, it is too late now. History, a diligent recorder of events, has already closed his chapter.

BUHARI’S LAST MINUTE BAZAAR OF CONTRACTS AND APPOINTMENTS

The tabloids and front pages of our social media timelines have been abuzz with reports highlighting a common trend of Major General Muhammadu Buhari (retd.), along with some Governors, engaging in last-minute appointments, humongous expenditures and award of contracts in hundreds of billions.

It was expected that the President and Governors should gracefully wind down their activities and leave certain crucial decisions for their incoming successors. This approach is important to prevent the imposition of projects that may be considered insignificant by the new administration; avoid policy reversals that could negatively impact various stakeholders; and maintain a stable and predictable investment and business environment.

Unfortunately, this ideal scenario now appears to be fading away faster than politicians’ promises after elections. Such hurried decisions often overdue, but they also tend to create predicaments for the incoming governments.

Imagine the shock and angst of a Nation discovering that, a mere 19 days before President Buhari was set to depart office, reports emerged on May 10, 2023, revealing his request for Senate approval of an $800 million loan from the World Bank. The purpose? To finance the National Social Safety Network Programme, aiming to soften the blow of fuel subsidy removal! Gosh!

Apart from the undeniable fact that such a loan would further burden the country’s already towering debt, the timing of the request, so close to the expiration of Buhari’s regime, raised eyebrows and sparked concerns among many Nigerians. It appears to be an act aimed at placing cherry on top of his presidential sundae just before handing over the baton.

One cannot help but wonder if this trend of last-minute borrowings is an attempt to leave a lasting legacy, or simply an act of great mischief, reminiscent of a student pulling an all-nighter to finish an assignment due the next morning. Either way, it certainly puts more suspense and uncertainty on the minds of an already drama-filled realm of Nigerian politics.

Renowned legal luminary Chief Afe Babalola SAN, the esteemed founder of Afe Babalola University Ado Ekiti (ABUAD), has expressed strong disapproval of President Muhammadu Buhari’s proposition to the National Assembly regarding a fresh $800 million loan aimed at funding the National Social Safety Network Programme (NSSNP). He wondered how Nigeria can be declared bankrupt and still borrow more money. He advised the NASS to reject the request.

Furthermore, during a meeting chaired by Vice-President Yemi Osinbajo on April 19, 2023, the Federal Executive Council (FEC) granted approval for numerous contracts amounting to over N100 billion.

President Buhari and his ministers have also authorized contracts exceeding N3.7 trillion in the final stages of his administration, specifically between March 20, 2023, and May 14, 2023, and after the conclusion of the general elections. Only few days ago, Buhari wrote to the Senate to approve $800 million from the World Bank to allegedly finance the National Safety Net Programme- to support poor and vulnerable Nigerians through bank cash transfers. Mr President sir, why not leave this for your successor. Where have you been sir?

Only in December, 2022, the NASS approved Buhari’s #819.5bn request for domestic loan. And just on May 4, 2023, the “yes sir” and “Take-a-bow” worst Senate in Nigeria’s legislative history, since the time of Nnamdi Azikiwe and Dr. Nwafor Orizu, approved Buhari’s #22.7 trillion, CBN’s “Ways and Means” loan request just 26 days before quitting!

In a display of consistency, President Buhari has been skillfully curating an ensemble of individuals to occupy various esteemed positions. Just last month, he skillfully reassembled the Board of the Federal Roads Maintenance Agency, unveiling the dashing James Akintola as the new Captain at the helm.

Not stopping there, he cunningly selected the retiring Assistant Inspector-General of Police, Garba Baba Umar, to take on the pivotal role of Senior Security Adviser on International Police Cooperation and Counter-terrorism in the Office of the Minister of Police Affairs. It’s almost as if President Buhari possesses a knack for handpicking the “finest” talents in his twilight.

And just when you thought his appointing prowess had reached its zenith, news broke of the appointment of Toyin Madein as the new Accountant General of the Federation following the vacancy for a year due to the suspension of the former AGF, Ahmed Idris, amidst allegations of a staggering N109 billion fraud.

On May 23, 2023 (less than one week to go), President Buhari not done has formally communicated with the Senate to approve humongous sums to settle judgment debts amounting to $566,754,584.31, £98,526,012.00, and N226,281,801,881.64, allegedly owed by the Federal government. Promissory notes are the means of payment. This is well over 500 billion. Where have Mr. President and the Attorney-General been? Who are these judgement creditors? Which courts gave the judgement? Were there any appeals or agreements entered into? Why now for God’s sake? Why not leave it to the next administration since government is a continuum?

As the curtains drew inexorably to a close on Buhari’s tenure, the circus-like atmosphere began to fade. The contracts, the loans, the appointments, the sudden remembrance of existing “debts” due, all remain as reminders of a complex dance between fleeting power, strategy, and public perception. Only time would reveal the true impact of these decisions and whether they would stand as a testament to effective governance or a captivating yet ultimately hollow performance. Do you know the impact? The lives of Nigerians yet unborn have been mortgaged.

BUHARI’S MIGRATION FROM ONE ‘NIGER’ TO ANOTHER

President Buhari’s threatened migration from Nigeria if he faces too much disturbance after his tenure reminds us of the ephemeral nature of power. Buhari’s audacious proclamation to leave Nigeria if “disturbed too much” after his tenure is reminiscent of a fleeting magician who mesmerizes the audience with grand illusions, only to vanish when the curtain falls. It begs the question: does his commitment to the Nigerian people only extend as far as his political reign? True leaders stand with their nation, through thick and thin, rather than making flighty escape plans. Is he afraid of the apparition of his woeful below average performance? Is it not this same Buhari that one Mallam …. tracked from Lagos to Abuja to celebrate his victory? Is it not the same President that …, rode a bicycle from Kaduna to Abuja to herald his victory? How the cookies crumble! How the mighty are fallen!

President Buhari’s offhand remark about leaving Nigeria if disturbed after his tenure reveals the transient nature of his power and its tenuous grip on the nation. Leadership requires steadfastness, resilience, and an unwavering commitment to the people. By hinting at an escape plan, Buhari inadvertently highlights the frailty of his connection to Nigeria and raises doubts about his dedication to the challenges that lie ahead. In the end, a true leader must weather the storm and stand strong, rather than evaporating into the ephemeral mist of fleeting power. President Buhari fails again and again to rewrite his poor history of governance.

ADMONITIONS

POWER IS INDEED EPHEMERAL

There is no man that has rules for ever, every king must have a heir – because nobody is immortal. If we can view life as power, then we would know that, one day, just like life goes – power disappears. The rise and fall of great empires men – should teach us about the ever changing nature of power.

LEAD FOR THE PEOPLE AND NOT SELF

Leaders now go into power with the mindset of enriching their family, friends and generation. To many, it is – let us go and take my share. This a bad practice and ideology to follow. A study of all people-oriented leadership ends well – with great appreciation from the people. Little wonder some politicians are not re – elected on several occasions.

LEARN FROM MISTAKES OF PAST LEADERS AND NOT YOURS

It is only a fool that would want to get his finger into the fire, after witnessing his neighbour’s get burnt by the same attempt. History is important. If you do not study history, you cannot shape the future. We should always endeavour to read antecedents of past leaders and their mistakes so that we can correct our paths.

THE LAW OF KARMA IS REAL

Whatever goes around comes around. Whatever you sow – so shall you reap. It is a natural law. Men of power have always reaped what they sowed. We should learn that.

POWER INTOXICATES

There is a saying that, “apart from the occasional saint, it is difficult for people who have the smallest amount of power to be nice.” I would say no more on these.

CONCLUSION

It is not a mistake that God gave us dominion over the world. We must be wary of power. We must strive to exercise it for the benefit an survival of humanity. Power is ephemeral; it does not last. It comes and goes. Therefore, men of power must try to acknowledge this fact and guide against intoxication. Power has made and marred many great men. We must accept this truth or face the bitter aftermath of our actions.

Opinion

Onnoghen, Free at Last

Published

1 month ago

November 12, 2024

Eric

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.

Opinion

Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67

Published

2 months ago

October 14, 2024

Eric

By 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

Opinion

Mr. President: Affordable Fuel is Possible at Zero Subsidy

Published

2 months ago

October 12, 2024

Eric

By 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!