Judiciary and elite manipulation

Deji Fasuan, JP, MON

Sir: Perhaps it is impolite and certainly inappropriate to make derogatory remarks about the judiciary at the highest level.  But considering events today, certain things are inevitable.

Since our judiciary acts in consonance with prevailing norms of the land, it cannot avoid remarks that smack on disrespect, criticisms, or castigation.

The unfolding drama of Senator Orji Uzor Kalu, erstwhile governor of Abia State should be a case study for many years.

The senator was alleged and convicted for misuse of office as governor.  He was alleged to have misappropriated (actually ‘stolen’ if he were an ordinary citizen) billions of naira of public funds as governor.

He once owned a commercial airline, several palaces and such unlikely structures that only privileged political operators or successful businessmen can own.

As usual he was covered by law while in office and became politically naked, out office.  What amused and surprised me a few years ago was that our dear senator took upon himself to go around all natural rulers in Nigeria, pleading support for one politician or the other.

In the long run he ended up in the senate and like people of his ilk acquired a big position in the hierarchy – in this case the Chief Whip.

But the law subsequently caught up with him and he ended up grabbing 12 years in prison. Then the Nigerian character came in.  The trial judge suddenly became ‘incompetent’, having been promoted to the Appeal Court.

He could not climb down the legal greasy pole to conclude and deliver judgment in a previous case.  In the meantime the Nigerian elite, lawyers, businessmen, political canvassers etc took to the streets, not to pronounce the innocence of our great man, but pointing to the fact that the judge was ‘incompetent’.

Meanwhile our man has spent six months of his 12 years behind bars.  The euphoria in the press by political commentators, you would think justifies the action of the former governor while in office and not a misapplication of personnel at a judicial panel.

Even the entire leadership of the senate went to welcome our “leader” home! Can anything beat that?

This is bad indeed.  We seem to be sliding into a judicial anarchy, where like some past administrations you have to canvass for a judicial panel or body that will hear your case, or when you will blackmail a judicial officer by saying  you do not trust his or her impartiality and fair judgment, and you have  your way.

In Nigeria today we have some leading politicians whose blood relations or wives are in the judiciary.  This should not necessarily translate to abuse.

But what can be regarded as abuse are politicians who enjoy perpetual, permanent injunctions from persecution, irrespective of the offence committed against the state or wrong done to other citizens.

In a case like this should the judiciary behave helpless? No, apparently there is collusion or unholy alliance here.  And the elite are behind it all.

One recent disturbing feature of our judiciary is the temporary forfeiture of stolen property to the state governments or the federal government only to be reversed by another court when that court is expected to confirm on permanent basis the final forfeiture of such stolen money or ill-acquitted property.

At the end or the day the EFCC’s effort is made ridiculous and of no effect whatever.  Such is the weight and temerity of our elite today.  It is alarming but for now, nothing can be done to reverse or arrest the trend.

Occasionally the president is criticized for appointing or not appointing specific persons to the high office of judges at Appeal or Supreme Court levels.

No one should be in doubt that the president has some information, some untowards, which he is reluctant to share with people.

After more than 60 years of political independence and administration, we ought to have evolved a judiciary devoid of acrimony in the selection, appointment, promotion and positioning of judicial officers.

This is the heart of democracy.  Even in America, Donald Trump fears, respects and obeys the judicial system.

• Deji Fasuan, JP, MON; Ado-Ekiti.