Opinion

Justice is What the People Say

Published

12 months ago

November 1, 2023

Eric

By Abraham Ogbodo

I have known Dr. Reuben Abati almost from the cradle. We were not only in the same university but the same department. When he was leaving University of Calabar in 1985, he had in his bag, all the prime prizes. The best graduating student of the University which meant he was also best in the Department of Theatre Arts and the Faculty of Arts. I can therefore say without fear of being contradicted that he is not pretentious. He is brilliant; intellectually loaded to the brim. He left two years ahead of me which does not in any way suggest he is older. He was apparently faster and more brilliant. His law degree at the Lagos State University was a latter day addition after he had earned his PhD from the University of Ibadan and in fact already on the Editorial Board of The Guardian Newspaper.

Of late however, Dr. Abati has been projecting rather too forcefully his legal background on the Morning Show programme on Arise TV which he co-anchors with two others. He gets tutorial and even magisterial as he pushes through all the fine points of law when occasion calls for it. He was at his best last Friday following the Supreme Court’s affirmation of the election of President Bola Ahmed Tinubu in the February 25 presidential election and dismissal of the appeals of the PDP and LP candidates, Alhaji Atiku Abubakar and Mr. Peter Obi the day before.

Altogether, Abati sounded as if law is not also common sense. As if procedural law is sacrosanct and no matter the weight of evidence, a procedure cannot be overtaken to lay substantive claims or facts. He was a kind of saying the law is independent of truth and even if justice is not served in the process but the law is duly followed, the outcome should be applauded to high heavens. This is taking the Realist School of Jurisprudence too far. The school that says law does not have to go on an endless excursion for meaning beyond what the court says. It is best captured in the words of American jurist, Oliver Wendell Holmes that: “The prophesies of what the courts will do and nothing more pretentious are what I mean by the law.”

It amounts to open acceptance of the tyranny of the court, however, on the fundamental assumption that the operating and human agent in the court system is rational and far from being a tyrant. That way, the court for instance, will not say crime, without punishment, should be statue-barred or vitiated by the mere passage of time and a very short time for that matter. Such is the consolation and indeed the intention of the realist school. It was not propounded to lead the court into a web of legalese and reverse its very essence as the temple of justice.

If I may ask, what is law if it does not serve the purpose of justice or the hopes of the people? No jurisprudence aspires higher than the aspirations of the people or subordinates justice and morality to law. Law itself fails woefully if it only massages the intellect and ceases to be an instrument for social justice. The Supreme Court in any legal system is beyond reproach. It can only fine tune itself. Beyond it, no legal arguments stand. Its role in jurisprudence is enormous and it does not include the convenience of hiding behind procedural infractions to obfuscate substantive law and justice. On the contrary, the Supreme Court is remarked for its boldness to rise up to the exigency of changing the position of the law to serve justice and the hopes of society.

The strongest reference point in jurisprudence today, Lord Alfred Thompson Denning, did not ascend that height by just running with extant codes. Real jurists are defined by their audacity to push the frontiers of substantive law and morality to enrich Jurisprudence. They do not mark time forever upholding the law even when the law has become anachronistic and a clear affliction to society. Needless to say that the majesty of law is its inherent dynamism to translate to justice. For, in truth and as noted by Lord Denning; “law is not an end in itself but a means to achieving a fair and harmonious society.” It is also not some technical game to be manipulated for personal advantages by experts but a “force to be applied with wisdom and compassion” by the sitting judge to serve society.

I also heard Dr. Abati saying public opinion does not matter in law. Really? The thing about law is that it is 110 per cent intellectual intimidation and posturing. Whoever holds the high end in sheer sophistry and pedantry also stands on a high ground in real advocacy. Whereas the law may have just an intention, what makes it an interesting practice is the near infinite capacity of its practitioners to create intentions and intrigues to detract from the real intention. From where does common law, including written and codified law, derive if law is so insulated from its human setting.

The truth is that such legal maxims can only stand firm if other things remain equal. If in any context the ratio decidendi, that is, the reason for the judgment, repudiates facts and common sense and instead celebrates methodology or even mediocrity, public opinion will rise irrepressibly like the morning sun whether you like it or not. The position is that public opinion matters and there had been reviews of case laws on the strength of public opinions alone. For instance, the M’Naghten Rule which set the test for the defence of insanity in criminal responsibility, especially in a murder charge, was forced by public opinion.

The views of Dr. Abati were to receive huge validation by Chief Robert Clarke (SAN) who was on the Arise TV Morning Show programme last Friday to specifically discuss the Supreme Court’s decision of the previous day. Abati must have felt within himself like the first and only winner of the Nobel Prize in Jurisprudence as Papa Clarke loaded him with encomiums for a job well done. The only additional point made by the old lawyer was the call for the reordering of the statutory frame work so that elections can be decided by the electorate in the polling booths and not in court rooms by judges. Excellent point I must say.

As God would have it, while Abati and the old lawyer were in the television studio engaged in a rigorous post-ruling advocacy to dress up the Supreme Court, an old Judge, Justice Musa Dattijo Muhammad who retired after 36 years on the bench, 11 of which were spent in the Supreme Court, was reading his valedictory speech to dress down the Supreme Court. Details of the speech are too heavy to fit into this purpose. It is important to note that Justice Dattijo is more than just an eye witness. He was an active participant. He was the second longest serving Justice of the Apex court and next to the Chief Justice of Nigeria (CJN) Olukayode Ariwoola. The balance of probabilities tilt heavily in his favour.
It was like the Supreme Court was put on trial in the court of public opinion and while Abati and the old lawyer appeared for the Supreme Court (I will resist using ‘defendant’), old judge appeared for aggrieved Nigerians. The thesis and antithesis are in search for a synthesis. The verdict lies both in history and posterity.

Opinion

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

Published

1 week 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 weeks 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!

Opinion

Happy 64th Independence Day!

Published

2 weeks ago

October 12, 2024

Eric

By Oyinkansola Badejo-Okusanya

From July 2011 to May 2015, it was my honour to serve the government and people of Lagos State as General Counsel to His Excellency, Mr. Babatunde Raji Fashola, SAN CON, the Governor of Lagos State. As one of my tasks, I had the honour of being the Governor’s speechwriter, and early this morning, as the clock chimed midnight, ushering in yet another October 1, I found myself reflecting on how far we have come as a nation. “Does our progress reflect our age?”, I asked myself. I really don’t know. My thoughts then turned to 10 years ago and I remembered the Governor’s 54th Independence Day speech, the 1st draft of which I was privileged to pen. The Governor’s words on October 1, 2014, ring as true today as they did then and I thought it was worth sharing excerpts from his speech. Happy reading!

“…Today, October 1, 2014, we are once again celebrating the anniversary of our independence from British colonial rule. Today marks 54 years since Nigeria became an independent sovereign nation, following the germination of a seed that had been sown seven years earlier, when in 1953, Anthony Eromosele Enahoro introduced a private member’s bill demanding self-government. When the British “Union Jack” flag was lowered for the last time and the green-white-green Nigerian flag was hoisted in its stead, the crowd went wild with jubilation, filled with high expectations of a greater tomorrow.

We can only imagine the exultant joy felt by our first Prime Minister. Abubakar Tafawa Balewa, when he mounted the podium on October 1, 1960. In his first Independence Day Speech he said:-

“This is a wonderful day, and it is all the more wonderful because we have awaited it with increasing impatience, compelled to watch one country after another overtaking us… when we had so nearly reached our goal.”

Indeed he mirrored the views of millions of Nigerians and echoed their thoughts. Independence Day soon became easily the most significant day in our national life, accorded a pride of place that was difficult to surpass. Independence day became synonymous with sights of the President and the State Governors in open-top vehicles inspecting Guards of Honour, of beautiful parades, exciting fireworks and National Day Award ceremonies. October 1 also became the day on which political batons changed, and elected officials handed over to their successors. A day for inspiring speeches and sober reflection on our growth as a nation.

As a school boy, I remember struggling hard to get selected to march for my school in the National Day Parade, the endless rehearsals, and the keen anticipation of waiting to see if I would be picked. There was no prize given and none was expected. It was enough that your school had participated.

“Left, Right, Left, Right, Eeeyes Right!” And on the sidelines, children cheering us on with their own rhymes – “dem dey look una, make yanga, dem dey look una, make yanga, Left Right, Left Right!

Filled with excitement, we would add more ‘yanga’, trying hard, but not quite suceeding, to match the synchronisation of the armed forces. After it all, bursting with pride, those of us fortunate enough to have been selected to march for our school would milk our success for weeks afterwards, wearing our school uniform with pride, basking in the recognition as we went to and from school in public transportation and displaying a sense of superiority over our “less fortunate” schoolmates. Such was the depth of our civic pride.

Today, sadly, the excitement has waned. October 1 appears to have now become a hollow ritual and regrettably, no more than just another work and school-free day. The flame of our national pride seems to flicker. This is not how it should be.

What is the importance of a day like this? What does it mean to you? What should it mean to you? All over the world, Independence Day anniversaries are celebrated with great fanfare, splendour, respect for the nation and a deep sense of patriotism.bln some countries, festivities leading up to Independence Day start up to three weeks earlier. Some hold Independence Day beauty pageants; some re-enact their independence, others play the National Anthem on the dot of midnight on all radio and TV stations. All put country before self, at least for that day. We should not be any different.

In that historic Independence Day speech, Prime Minister Tafawa Balewa also said:

“Words cannot adequately express my joy and pride at being the Nigerian citizen privileged to accept from Her Royal Highness, these Constitutional Instruments which are the symbols of Nigeria’s independence. It is a unique privilege, which I shall remember forever, and it gives me strength and courage as I dedicate my life to the service of our country.”

Noble words indeed, and the words upon which the foundation of our nation was built. It seems to me that there is no better time to rekindle the flame of Nigeria’s promise than now. We should reflect on Prime Minister Tafawa Balewa’s words and re-dedicate ourselves to the service of Nigeria. In other words, we ought to see October 1 as a day to rekindle our national pride.

Let us patriotically reaffirm in our hearts that, Christian or Muslim, we are one nation under God; that North or South, we are one indivisible people; that whatever our political affiliations, we are all Nigerians, and that what binds us together far outweighs what little divides us.

We will yet attain those great lofty heights we sing so gustily about in the second stanza of our National Anthem. And I pray it will happen in my lifetime.

So help us God.”

Happy 64th Indepencence Day anniversary, dear colleagues. Please spare a prayer for Nigeria on her 64th birthday post independence. May God help us to build a nation where no man is oppressed so that with peace and plenty, Nigeria may be blessed. Amen.

Oyinkansola Badejo-Okusanya, FCIArb,
was General Counsel to the Governor of
Lagos State from July 2011 to May 2015.