- 1999 Constitution defective, says Olanipekun
Former President Goodluck Jonathan has blamed the Judiciary for the perennial crises rocking the Peoples Democratic Party (PDP).
He pointed out that some judgments by the Judiciary run against the natural flow of events and, in the process create troubles that threaten the nation’s democracy.
The former president referred to a judgment on the suspension and expulsion of a PDP National Chairman and called on the Supreme Court to review it.
The former President urged lawyers and judges to be circumspect in their professional practices in view of their impacts on the country and its democracy.
Jonathan spoke yesterday at the public presentation of 50 books by Mike Ozekhome (SAN) to mark his 67th birthday in Abuja,
Another ex-President Olusegun Obasanjo; former Chairman of the Body of Benchers (BOB), Wole Olanipekun (SAN); former Anambra State Governor Peter Obi, and other eminent Nigerians attended the event.
Jonathan said: “The way things are going in this country, especially listening to the judgments being given regarding political cases, we are beginning to see that democracy in Nigeria is like a cone that is being turned upside down.
“And if a cone is turned upside down, it cannot be stable and at the slightest perturbation, it will fall.
“When I listened to some senior lawyers like Olisa Agbakoba making comments on some Supreme Court’s judgments, I felt very sad that the country has got to that level.
“If our democracy will endure, people, both at the Bar and the Bench, should not be carried away by political influence. That is the only way we can stabilise the political process.
“I know that lawyers enjoy because after elections there is always an avalanche of litigation. It is usually like Christmas season for lawyers.
“In most other countries, people hardly go to court, but in Nigeria, pre and post-election matters fill all the courts. These do not give a good sign for democracy.
“Comparing Nigeria to other African countries and those outside Africa, gives a lot of worries because I have been able to get involved in their electoral processes.
“There is a particular judgment that has been haunting me and I need to mention that, luckily, I am not a lawyer, I am saying that from a layman’s view, it (the judgment) simply turned the cone upside down and if the courts don’t look back into this case, it will create so much instability in the political system that it would affect all of us.
“Those who would have succeeded, their victory song will not last long, because we will all be victims.
“Where the court says a Ward chairman can expel a national chairman of a political party is worrisome. This is not in line with natural justice.
“The law is to control human behaviour and human behaviour must follow how God created systems.
“You cannot tell me that the Head of Department in a university, for example, can expel a Vice-Chancellor. So, how can the Nigerian law tell me that a ward chairman can expel a national officer of a political party?
“And, since that judgment has been given, as of today, it has created all kinds of instability in the party. PDP is in crisis because of that judgment. APC(All Progressives Congress), at the time, was in crisis because of that kind of judgment.
“I am not looking at it from a legal perspective, because I don’t know anything about the law. I look at it based on how nature works,
I have never seen a system where its sub-unit can discipline the top.
“In the constitution of the PDP, if you are a national officer, even your state cannot discipline you, much less a ward officer, who is not even a member of the NEC (National Executive Committee).
“Are we saying that a ward chairman of a party can suspend and expel the national chairman of a political party?
“I am pleading with the Supreme Court to revisit that judgment because it has turned the cone upside down. The political process and our democracy are wobbling.”
When asked by Jonathan to comment on the political situation in the country, Obasanjo said: “I wouldn’t say anything, because there is much to say, but it is not yet time for it.”
Like other speakers, Obasanjo eulogised Ozekhome, describing him as an extraordinary man.
“Mike is a person who advocates thorough or complete political or social change with conviction, courage, and integrity,” he said.
Olanipekun, who reviewed the books, commended the author for his efforts.
He described Ozekhome as a “legal luminary, cerebral jurist, high-flying scholar,” and argued the problem with the country lies in its current constitution.
“Some people will say there is nothing wrong with our constitution but a lot is wrong with it,” Olanipekun said.
He noted that the essence of Ozekhome’s writings was that the country must have its charter “of equity, of justice of fairness of good governance, just like Britain has in Magna Carta.
“We don’t have it. Nobody is talking about it. Nobody is toying with it. Everybody wants to run away from it. And, not until we have it, we will continue to have some problems.”
Obi urged Ozekhome not to relent in his efforts and contributions in building a better society.
He said: “Our society, our country today needs the efforts of all so that we will not bequeath to our children anarchy and a failed state.
“So, Mike Ozekhome, I urge you to continue in your contribution and urge all of us to do the same.”
Ozekhome said he was overwhelmed by the show of love and the kind words spoken about him.
He assured of his commitment to the fight for a good and prosperous nation, which guarantees the rights of the people.
