The term ‘bubble burst’ was devised in English law to describe a situation where things come to a head after a gradual build up, a situation where the proverbial camel’s back is broken, not by a single straw, but by the cumulative effect of several other straws that have been placed on the camel’s back. Once things continually go wrong, the end result is always predictable, one day things would go out of hand, and soon enough all hell will be let loose, and then the bubble will burst.
That Nigeria and indeed Africa appear to have been cursed with the evil of bad leadership is public knowledge. But at no time in the history of this Nation, not even at the height of military rule, where the Rulers could barely boast of secondary education, have we been exposed to such an error prone and gaffe loving President like we have in the person of the “once famous but now infamous, hat donning” President Goodluck Ebele ‘Azikiwe’ Jonathan, the first 'PHD' President in the history of Nigeria.
Since coming into public consciousness in rather fortuitous circumstances, the President has, more than anything, treated us to one faux pas after another. Like a fellow “idle tweeting child of anger” tweeted a few days ago, “when you think GEJ cannot hit any new lows with his gaffes, he disappoints you with another.” The situation came to a head this week when the President was reported to have said (in public) that the people who demonstrated during the January ‘Occupy Nigeria’ protests were not “ordinary Nigerians.”
I was depressed that night when I first read the report that I allowed my mind to wander through memory lane to reminisce over some of the highpoints of our dear President’s administration, an administration that has been filled with so much disappointment that sometimes, I have the feeling that he has been power for at least five years. I am fed up already.
The first inclination that we were in for a roller coaster ride was the bomb shell that he dropped on the eve of his swearing-in, when he said four years term was not enough for any President to make any meaningful progress. Now while the comments attracted divided opinion, my take then and now was the timing of the comments. Did he not know that the term stipulated in the Constitution is four years before contesting? If he knew he could not achieve anything in four years why did he not allow those who felt they could achieve something to contest the election? Soon enough, we forgot about the comments and gave him the benefit of the doubt.
This was the same person who had earlier delivered the most un-presidential response to a crisis I have ever witnessed. Remember the Independence day bombing that took place in October 1, 2010 which rocked the FCT and claimed 16 lives? The fire had barely died down when GEJ immediately jumped to the defence of his kinsmen and announced to the world that MEND was not responsible. This was before any investigation had been commenced let alone concluded.
According to the President, “the government of Nigeria knows the persons who masterminded the bomb blasts that marred Friday's golden jubilee celebration… It was the handiwork of terrorists and not the Movement for the Emancipation of the Niger Delta (MEND) as was widely speculated.”
To his chagrin, MEND who obviously did not have him on their payroll as their spokesperson, in a swift reaction, took responsibility for the deadly bomb blasts, saying that the nation's security forces should be blamed for the avoidable loss of lives. MEND not only said that it actually carried out the attacks but gave proof that it had sent out several warning statements to the security forces several days before the attack.
Excerpts of the statement read: "The Movement for the Emancipation of the Niger Delta (MEND) deeply regrets the avoidable loss of lives during our bomb attack in Abuja on Friday, October 1, 2010. Our hearts go to the families of those killed who we know were sympathetic to our cause. The irresponsible attitude of the government security forces is to blame for the loss of lives. They were given five days prior notice... The security forces were also warned one full hour to the first bomb blast ahead of the general alert sent to the media and told to steer the public from all parked cars which was not done.” Soon again, we forgot about that and forged ahead.
But can we ever forget the infamous Presidential media chat? which in my opinion has to go down in history as the worst media performance by any public office holder anywhere in the world. The media chat was so terrible that a Ghanaian Professor Ayittey described our President as a joke. If you have forgotten, let me remind you.
When asked why he traveled to Rio de Janiero in spite of the violence then taking place in Kaduna and Yobe States, his answer was “I have no regrets going to Brazil. The issue of security in this country, especially relating to the Boko Haram crisis is pathetic, I have lost people and I have lost property. I sympathize with people who have lost property and relations. I feel the pain… the day the international community gets to know that the President of Nigeria could not travel because of Boko Haram, we are finished.” He also stated that his justification for not visiting Borno State, widely acknowledged as the place worst hit by the insurgency, was that the Maiduguri Airport was bad and we all know what will happen if he goes to Borno State by Helicopter. That was from the Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, the biggest black nation in the world and the giant of Africa. This is the same person that confessed to us that he is no Army General. Who talks like that?
He took his infamy to a whole new level that same night when the questions shifted to his refusal to declare his asset, a requirement of law, the same law he took an oath of office to uphold and defend. Hear Mr President, “the issue of public declaration I think is playing to the gallery. You don’t need to publicly declare any asset.”
“I declared my asset when I was the Vice-President; what is the difference now that I am the President,” he said.
Then came the bomb shell. “I DON’T GIVE A DAMN ABOUT IT, (on National TV) if you want to criticize me from here to heaven. When I was Vice- President, I told the then President-unfortunately he’s late. I said, ‘look let us not start something just because we want to play into the hands of some people and create another situation in the country. I was the governor of Bayelsa State, I was investigated thoroughly. I was a governor for about one year before I became Vice- president I have nothing to hide. But because I was under someone then and because of the media, my boss, then the President, declared. The Vice-President did not declare and it was becoming an issue, so I declared. It is not because I wanted to. Channels (TV) can talk about that from morning till night, AIT can talk about that from morning till night, all the papers can write about it, it’s a matter of principle.”
Some of the other infamous comments attributed to him in recent times include, “Blame the media for my administration’s woes,” “Boko haram has infiltrated my government,” “I am the most criticized President in the world,” “There is political boko haram and religious book haram” etc. Again I ask, who talks like that? And this is someone that has Ministers, Special Advisers, Speech Writers, Media Aides, Personal Assistants including a Special Adviser on Media and Publicity.
Then speaking at the 52nd independence anniversary lecture this week, where the former President of Ghana, Mr. John Kufour, delivered the lecture titled "Nigeria: Security, Development and National Transformation” our dear President came out with another head line grabber.
“Look at the demonstrations back home, look at the areas this demonstrations are coming from, you begin to ask, are these the ordinary citizens that are demonstrating? Or are people pushing them to demonstrate." He continued,
“…during the demonstration in Lagos, people were given bottled water that people in my village don’t have access to, people were given expensive food that the ordinary people in Lagos cannot eat. So even going to eat free food alone attracts people. They go and hire the best musician to come and play and the best comedian to come and entertain is that demonstration? Are you telling me that that is a demonstration from ordinary masses in Nigeria who want to communicate something to government?”
I wonder, who then are the extra ordinary Nigerians? Was the President expecting the demonstrators to be dressed in rags and sackcloth before they could qualify as ordinary Nigerians? What is more? Was the President surprised at the widespread criticism he received? Was he delusional to believe that the generality of Nigerians were in support of the fuel subsidy removal, while the thousands that came out to express their displeasure were only a crowd hired by his enemies with bottle water and expensive food?
I have said it before, I do not envisage a revolution in Nigeria anytime soon, not at the scale of the American, French or Industrial Revolution of the past centuries nor that of the Arab Uprisings just a few years ago. But what I am certain is that one day Mr. President’s gaffes will become unpardonable. One day the bubble will burst. That day I will remind you I said so.
I am available on twitter for more direct engagement @OrjiUka
Thursday, September 20, 2012
Wednesday, September 19, 2012
HOLDING CHARGE PROLOGUE
When he left the Ministry of Works premises after work on the evening of January 12, 2004, Emeka was totally clueless as to what fate had in store for him. He had worked overtime that day, as he had the entire week.
The Abia State Commissioner of Works, under whom he worked, had issued all the staff in his employ an ultimatum to get the Ministry’s budget ready before the end of the week and characteristically, Emeka was determined to finish the quota of the work assigned to him before others. It was exactly 7:13 pm when he turned the keys to the lock the building.
Just as he stepped out of the building, a Police patrol SUV screeched abruptly to a stop right in front of the building. That’s odd, Emeka thought. It was way past close of work, nobody was supposed to be in the premises. So who could they be looking for? He asked himself.
Suddenly, just like it happens in the movies, all the four doors of the van opened simultaneously, and four policemen alighted. They were all dressed in mobile police uniforms, each armed with a Soviet made AK-47 assault rifle, the sort that fire a short case 7.62mm cartridge and hold six rounds each, all doubled up with duct tape. They all moved toward him with intent.
“Emeka Okorie?” One called.
Emeka was baffled. How did they know my name? Is there any problem? He thought.
“Get on your knees!” another barked with an Hausa accent.
“Excuse me?” Emeka asked incredulously.
“Kai I said get on your knees.” He repeated the command and soon followed it up with a slap.
As Emeka sank to his knees, dumb with fear, he wandered whether this was an arrest or a kidnap.
A minute later, he was whisked into the back of the Van and the driver sped off.
The Abia State Commissioner of Works, under whom he worked, had issued all the staff in his employ an ultimatum to get the Ministry’s budget ready before the end of the week and characteristically, Emeka was determined to finish the quota of the work assigned to him before others. It was exactly 7:13 pm when he turned the keys to the lock the building.
Just as he stepped out of the building, a Police patrol SUV screeched abruptly to a stop right in front of the building. That’s odd, Emeka thought. It was way past close of work, nobody was supposed to be in the premises. So who could they be looking for? He asked himself.
Suddenly, just like it happens in the movies, all the four doors of the van opened simultaneously, and four policemen alighted. They were all dressed in mobile police uniforms, each armed with a Soviet made AK-47 assault rifle, the sort that fire a short case 7.62mm cartridge and hold six rounds each, all doubled up with duct tape. They all moved toward him with intent.
“Emeka Okorie?” One called.
Emeka was baffled. How did they know my name? Is there any problem? He thought.
“Get on your knees!” another barked with an Hausa accent.
“Excuse me?” Emeka asked incredulously.
“Kai I said get on your knees.” He repeated the command and soon followed it up with a slap.
As Emeka sank to his knees, dumb with fear, he wandered whether this was an arrest or a kidnap.
A minute later, he was whisked into the back of the Van and the driver sped off.
HOLDING CHARGE CHAPTER 17
WHEN I GOT TO COURT THAT MORNING, the setting entirely contrasted with the image I had in mind. The Court premises were in apologetic conditions, not like I expected anything spectacular.
My lecturers had always spared some time to fill our ears with tales of the dilapidated conditions of the courts. We were told that the basic needs to make the court system function are largely unavailable, that the Judges are too few and therefore overstretched. That there are inadequate judicial divisions and Courtrooms and libraries are virtually patently inadequate. Proceedings are recorded in long hands in very hot and humid atmosphere.
The court is characterized by the furious taking of copious notes verbatim et literatim by the Judges, the forced and monotonous repetition by Counsel to ensure that the bench was recording accurately and then the constant interruptions by the poor, overworked and harassed Judges. Stationeries where available are inadequate and record of proceedings are most times inaccessible. There are no proper places to keep court records and exhibits. This was a sharp contrast with what obtained in even other developing countries where the Judges simply listen and take occasional notes safe in the knowledge that the court electronic recording system did the job for them.
I took time to study the court building. At the base of the building was a set of wide stairs which led to two sets of rear doors. In between the rear doors, was a wall decorated with the portraits and honors role of all the past Chief Judges of the State.
I shot a quick glance at them and hurried past to locate the Court Room. The doors opened to the inside into a large, rectangular entrance area, while the open area narrowed and led into the halls of justice.
The building itself was small, somber and cheerless, possibly built during the Colonial periods. I wondered why people keep accusing the country of lacking maintenance culture.
When I got to the Court room tagged Court 4, where the hearing was scheduled, I opened one door and walked into the huge courtroom in front of the rows of padded pews. I walked to the aisle and sat in the front row of the lawyers’ table and took time to examine the courtroom in detail.
Looking back, I surveyed the rail, or bar, as it had come to be known, which separated the general public from the area where the Judge, Lawyers and Clerks sat and worked. To the left was a long table for one set of lawyers, to the right was another. Behind the tables was a row of wooden chairs, then the bar with swinging gates on both end. The Judge’s seat was located high and lordly behind the elevated bench, the back to wall.
The witness box was against the wall to my left and to the Judge’s right. To my right, opposite the witness box was a long workbench covered with large docket books and stacks of files where the Clerk and Court Registrar worked. Directly behind me was the dock, where the accused person stands during the course of the trial.
The walls of the court room were drab and bare except portraits of the President and the State Governor and the coat of arms which stared down on the back of the Judge and on everyone in the courtroom.
Before the Judge was ushered in, the Prison authorities brought in some accused persons for the day. It was such a pitiful sight. The accused persons, totaling seven in number were herded through like cattle at an auction and shuffled into the courtroom. All wore the notorious blue on blue khaki uniforms and were all handcuffed, they were all young men looking between twenty two and forty years of age, such waste.
The first case for the day involved a young boy, whose age I guessed to be no more than twenty five. When his case was called, the accused was led forward by a bailiff into the dock, where he stood in silence. Some paper work was shuffled and then the prosecutors announced appearance and informed the court he had been arraigned at the previous adjourned day some two months ago, charged with rape and armed robbery. He was obviously unrepresented.
It still baffled me why some clients found it difficult to secure legal representation. When I started school, one of the things that we were informed was that the profession was terribly overcrowded, that there were too many lawyers and the cases were few. So the irony of some people finding it difficult to secure one for a case as a grave as rape or murder, still baffled me.
The prosecution asked for a date to enable them finalize investigations and also to enable the accused secure legal representation. The case was adjourned till the next month. Some paperwork shuffling went on again. Afterwards, the accused was handcuffed again and handed over to the prison guard obviously to be hauled off back to jail.
The second case involved a young man of similar age. He too was led to the dock by the bailiff. This time around he was lucky to have representation but unfortunately, his counsel was not in court. His own case was adjourned indefinitely while the Judge asked him to inform his lawyer to meet the court registrar subsequently and take a convenient date.
The next set of cases followed similar pattern, before the time my case was to be called up, six cases had already been speedily adjourned due to the one reason or the other.
The Judge was visibly incensed and vowed to make far reaching orders in the event that any other lawyer sought to obviate the course of justice by seeking unnecessary adjournments.
Just before my case was called up, the court room suddenly burst into life. When the court clerk announced the next case, and the lawyers announced appearance, opposing counsel stood up to voice his opposition.
“My Lord this motion was slated for hearing next week and I am surprised it was called up today.”
“Clerk why was the case called up today?” The Judge bellowed.
The clerk approached the bench and tried to apologize to the Judge in hushed tones, for the mix up.
The Judge admonished her and then turned to Counsel, “You Counsel why didn’t you say anything about it and you kept quiet?”
“My Lord, I am sorry. It was a mistake. It was just a simple motion and it was supposed to be moved today, the Registrar made a mistake with the date. I thought my learned friend would oblige us and not object.” Counsel said in a subdued tone.
“What do you mean?” The Judge asked, certainly not finding the whole thing amusing. “What do you mean by mistake? The date written on the motion is the correct date as far as the Court is concerned. Even if it was a mistake made by the registry, how come you failed to spot it for over two weeks after filing it? What do you think your duty is? To your client alone? Were you not taught that Counsel also owes a duty to assist and direct the court in administering justice? This is how you people conspire to cause delay and congestion of cases in court and yet you turn back to blame the courts.”
Turning to the rest of us, she barked, “Now let this be the last time this will happen.” This was typical Justice Ikeora, the legendary no nonsense Judge.
My case was next in the docket.
When the court clerk announced the case and the Judge asked for appearances, I found myself wanting to bolt from the courtroom. I glanced to my left and to my right and realized that his Lordship was looking at me.
“What have I got myself into?” I asked myself.
I was struggling to breathe normally as I tried desperately to appear unfazed. I knew I could not show any sign of weakness.
I stood up, adjusted my gown and goat hair wig and introduced myself, the Judge asked me to pronounce my name properly, while the rest of the bar managed a muffled laughter.
“Counsel, I doubt if we have met?” the Judge asked me.
“We have not My Lord” I replied, my words oddly dry and weak. “It’s my first day”.
The Judge was not ready to back down, “then I guess you are holding brief for your Senior, and you have come to take a date,” She sardonically quipped.
“Yes my Lord”, I found myself saying.
The Judge let out a wry smile, “Are you a lawyer or not?”
“I am, my Lord.”
“I am sure you heard my earlier remark, so let us hear your case.” She stated, with a note of finality.
I was totally unprepared. I was amazed at how little of the law I knew. The five years spent studying law was nothing but a period of profligacy and wasted stress. As students, we spent countless hours researching for information, buying and photocopying materials we will never need. We were bombarded with lectures and forced to copy notes that were instantly forgotten. We memorized cases and statutes that would ultimately be overruled. If I had spent only half of that time in a chambers training under a decent lawyer, I would have been a good lawyer by now. Instead here I was at the mercy of the Judge who appeared to show no empathy for me.
As nervous as I was, I decided quickly that this was the moment to establish myself. I had been the head of one the Students’ Law Chambers in my school; I had tried several moot and mock trials both at the University and at the Law school. So what was the big deal?
“Very well my Lord.” I said as forcefully as possible and attempted to do the case.
My lecturers had always spared some time to fill our ears with tales of the dilapidated conditions of the courts. We were told that the basic needs to make the court system function are largely unavailable, that the Judges are too few and therefore overstretched. That there are inadequate judicial divisions and Courtrooms and libraries are virtually patently inadequate. Proceedings are recorded in long hands in very hot and humid atmosphere.
The court is characterized by the furious taking of copious notes verbatim et literatim by the Judges, the forced and monotonous repetition by Counsel to ensure that the bench was recording accurately and then the constant interruptions by the poor, overworked and harassed Judges. Stationeries where available are inadequate and record of proceedings are most times inaccessible. There are no proper places to keep court records and exhibits. This was a sharp contrast with what obtained in even other developing countries where the Judges simply listen and take occasional notes safe in the knowledge that the court electronic recording system did the job for them.
I took time to study the court building. At the base of the building was a set of wide stairs which led to two sets of rear doors. In between the rear doors, was a wall decorated with the portraits and honors role of all the past Chief Judges of the State.
I shot a quick glance at them and hurried past to locate the Court Room. The doors opened to the inside into a large, rectangular entrance area, while the open area narrowed and led into the halls of justice.
The building itself was small, somber and cheerless, possibly built during the Colonial periods. I wondered why people keep accusing the country of lacking maintenance culture.
When I got to the Court room tagged Court 4, where the hearing was scheduled, I opened one door and walked into the huge courtroom in front of the rows of padded pews. I walked to the aisle and sat in the front row of the lawyers’ table and took time to examine the courtroom in detail.
Looking back, I surveyed the rail, or bar, as it had come to be known, which separated the general public from the area where the Judge, Lawyers and Clerks sat and worked. To the left was a long table for one set of lawyers, to the right was another. Behind the tables was a row of wooden chairs, then the bar with swinging gates on both end. The Judge’s seat was located high and lordly behind the elevated bench, the back to wall.
The witness box was against the wall to my left and to the Judge’s right. To my right, opposite the witness box was a long workbench covered with large docket books and stacks of files where the Clerk and Court Registrar worked. Directly behind me was the dock, where the accused person stands during the course of the trial.
The walls of the court room were drab and bare except portraits of the President and the State Governor and the coat of arms which stared down on the back of the Judge and on everyone in the courtroom.
Before the Judge was ushered in, the Prison authorities brought in some accused persons for the day. It was such a pitiful sight. The accused persons, totaling seven in number were herded through like cattle at an auction and shuffled into the courtroom. All wore the notorious blue on blue khaki uniforms and were all handcuffed, they were all young men looking between twenty two and forty years of age, such waste.
The first case for the day involved a young boy, whose age I guessed to be no more than twenty five. When his case was called, the accused was led forward by a bailiff into the dock, where he stood in silence. Some paper work was shuffled and then the prosecutors announced appearance and informed the court he had been arraigned at the previous adjourned day some two months ago, charged with rape and armed robbery. He was obviously unrepresented.
It still baffled me why some clients found it difficult to secure legal representation. When I started school, one of the things that we were informed was that the profession was terribly overcrowded, that there were too many lawyers and the cases were few. So the irony of some people finding it difficult to secure one for a case as a grave as rape or murder, still baffled me.
The prosecution asked for a date to enable them finalize investigations and also to enable the accused secure legal representation. The case was adjourned till the next month. Some paperwork shuffling went on again. Afterwards, the accused was handcuffed again and handed over to the prison guard obviously to be hauled off back to jail.
The second case involved a young man of similar age. He too was led to the dock by the bailiff. This time around he was lucky to have representation but unfortunately, his counsel was not in court. His own case was adjourned indefinitely while the Judge asked him to inform his lawyer to meet the court registrar subsequently and take a convenient date.
The next set of cases followed similar pattern, before the time my case was to be called up, six cases had already been speedily adjourned due to the one reason or the other.
The Judge was visibly incensed and vowed to make far reaching orders in the event that any other lawyer sought to obviate the course of justice by seeking unnecessary adjournments.
Just before my case was called up, the court room suddenly burst into life. When the court clerk announced the next case, and the lawyers announced appearance, opposing counsel stood up to voice his opposition.
“My Lord this motion was slated for hearing next week and I am surprised it was called up today.”
“Clerk why was the case called up today?” The Judge bellowed.
The clerk approached the bench and tried to apologize to the Judge in hushed tones, for the mix up.
The Judge admonished her and then turned to Counsel, “You Counsel why didn’t you say anything about it and you kept quiet?”
“My Lord, I am sorry. It was a mistake. It was just a simple motion and it was supposed to be moved today, the Registrar made a mistake with the date. I thought my learned friend would oblige us and not object.” Counsel said in a subdued tone.
“What do you mean?” The Judge asked, certainly not finding the whole thing amusing. “What do you mean by mistake? The date written on the motion is the correct date as far as the Court is concerned. Even if it was a mistake made by the registry, how come you failed to spot it for over two weeks after filing it? What do you think your duty is? To your client alone? Were you not taught that Counsel also owes a duty to assist and direct the court in administering justice? This is how you people conspire to cause delay and congestion of cases in court and yet you turn back to blame the courts.”
Turning to the rest of us, she barked, “Now let this be the last time this will happen.” This was typical Justice Ikeora, the legendary no nonsense Judge.
My case was next in the docket.
When the court clerk announced the case and the Judge asked for appearances, I found myself wanting to bolt from the courtroom. I glanced to my left and to my right and realized that his Lordship was looking at me.
“What have I got myself into?” I asked myself.
I was struggling to breathe normally as I tried desperately to appear unfazed. I knew I could not show any sign of weakness.
I stood up, adjusted my gown and goat hair wig and introduced myself, the Judge asked me to pronounce my name properly, while the rest of the bar managed a muffled laughter.
“Counsel, I doubt if we have met?” the Judge asked me.
“We have not My Lord” I replied, my words oddly dry and weak. “It’s my first day”.
The Judge was not ready to back down, “then I guess you are holding brief for your Senior, and you have come to take a date,” She sardonically quipped.
“Yes my Lord”, I found myself saying.
The Judge let out a wry smile, “Are you a lawyer or not?”
“I am, my Lord.”
“I am sure you heard my earlier remark, so let us hear your case.” She stated, with a note of finality.
I was totally unprepared. I was amazed at how little of the law I knew. The five years spent studying law was nothing but a period of profligacy and wasted stress. As students, we spent countless hours researching for information, buying and photocopying materials we will never need. We were bombarded with lectures and forced to copy notes that were instantly forgotten. We memorized cases and statutes that would ultimately be overruled. If I had spent only half of that time in a chambers training under a decent lawyer, I would have been a good lawyer by now. Instead here I was at the mercy of the Judge who appeared to show no empathy for me.
As nervous as I was, I decided quickly that this was the moment to establish myself. I had been the head of one the Students’ Law Chambers in my school; I had tried several moot and mock trials both at the University and at the Law school. So what was the big deal?
“Very well my Lord.” I said as forcefully as possible and attempted to do the case.
FOR THE YOUTHS OF NIGERIA, WHEN WILL TOMORROW COME?
I was privileged to attend a Stakeholders’ event recently organized by the Nigerian Institute of Advanced Legal Studies in Abuja where the issue was the need to fashion a people’s Constitution. I stirred the waters when I challenged the organizers to emphasize on more advanced roles for the youths and stop beguiling us with the leaders of tomorrow mantra. I became the subject of virile attacks from all and sundry. One even challenged me to say what the youths who were given opportunity to lead achieved, citing examples of the likes of Honourables Dimeji Bankole, Farouk Lawal and Herman Hembe, youths indeed. In other words we had lost our opportunity.
As events continually unfold in our beloved country with massive implications for the viability for our continued peaceful co-existence as a sovereign political entity, one mind boggling rhetoric that recurs in my sub conscious is, “when will tomorrow come?”
The youths in Nigeria have over the years been beguiled by our more esteemed elders that we are the leaders of tomorrow and hence should bid our time and await tomorrow. However, events of the yesteryears have clearly pointed to the contrary. Accordingly, the focus of this piece is to x-ray the socio-political goings on in the country, with particular emphasis on the role so far played by the youths, with a view to exposing the underlying motive behind this greatest chicanery of our time.
Nigeria’s political culture is perennially characterized by a system where the youths who ought to be major stakeholders are considered as outsiders. What we have on ground is the current practice where the country’s democracy holds practically nothing for the youths, a situation once aptly captured in the words of Peter Clever Oparah as, “a grand travesty of the ideal democratic system that treats the country’s youths as mere carpet beggars, to the profligacy of the so called political class that has run the country into a dangerous cul-de-sac”.
Our youths have continually remained at the very fringes of the political system. We are continually manipulated and exploited for ethnic, religious and selfish ends by the political class. We are made to see each other as enemies that must be regimented and not as partners in the democratic project who ought to work together for common interests, easily incited and mobilized to attack and injure one other because it suits the long term interests of the political class who appear ready to employ any mechanism to maintain their tenacious hold on power and perennially shut the youths out of the corridors of power.
The average youth in Nigeria today lacks adequate food, shelter, quality education, employment and other fundamental amenities that can enhance his independence. With all these out of his reach, he is at the mercy of the ruling political and economic class who can inveigle him with peanuts and cajole him to destructive ends. What should ordinarily inure to the youth as of right is offered to him as a favour and a bait to entice him to do evil. Today, the only job a politician can offer a youth is that of a thug or ballot box snatcher, while urging him to tarry till ‘tomorrow’ when his turn will come.
It is my humble submission that Nigeria’s political leaders will never be quenched of their perpetual thirst for power and will do anything to cling on to it. In other words, this tomorrow may never come. And the consequence will always be youth restiveness, militancy, kidnapping, terrorism and their likes as we have witnessed in recent times.
Whoever is in doubt as to the perennial nature of this futile wait for tomorrow should cast his mind back to the 2005 Political Reform Conference, the aim of which was to chart a course for the Country’s future. Majority of the delegates were already aged and past their prime. As a result, several of them were caught on live television napping during the course of the deliberations. Or can one easily forget the infamous third term saga where a former Nigerian Head of State in 1976 addressed a gathering of youths where he referred to them as the ‘leaders of tomorrow’. Fast forward thirty years to 2006 and you will see the same leader using the Nation’s resources and entire state apparati of governance to perpetuate himself in power, albeit unsuccessfully, for another twelve years.
Look at the appointments made by the immediate past Umaru Yar’Adua Administration: Pa Rilwan Lukman whose children are old enough to govern the country was appointed a Minister of the Federation, over thirty five years after busting into the political scene. Or is it Obong Ufot Ekaette? If you think we are done with the likes of Alhaji Bamanga Tukur or Mallam Jerry Gana, wait for the next administration. Contrast this with the scenario in the advanced democracies of the world like the United States where age is neither a criterion nor a barrier to occupying political office.
The present administration has not fared any better and this clearly lends credence to the perpetuity of our wait for tomorrow. While the so-called affirmative action of the present administration has seen the increase in the participation of women in governance, the same cannot be said of the youths, I mean the proper youths and not the likes of the National Youth Leader of the People’s Democratic Party, who I can bet witnessed not just the Civil War, but possibly our Independence.
While I do not envisage in any way a repeat of the American, French and Industrial revolutions of the past centuries, I feel strongly however that there is an urgent need to build a strong and virile democratic culture which will outlive the contradictions of the system practiced for the past fifty years and counting. I sincerely wish our youths would learn, pull resources together and tap positively from their vast God given potentials for their maximum benefits. Above all, while I am no Martin Luther King Jnr. I dream of the time when all youths will rise to the challenge, grasp the bull by the horns and resist all attempts by the ruling class to use us as mere tools, and instead act with the conviction that the Country is rightfully ours.
Finally, and possibly more importantly, I do hope that as we gradually approach the make or mar election year of 2015, we would have a situation where the young ones can stand their ground and reject the peanuts often offered as the price for our votes and support. I hope that by then we would have had a genuine and virile government institution that will work to improve the lots of the Nigerian youth, for only then can we really look forward to tomorrow when the youths can shout ‘Uhuru.’
Follow Orji on Twitter: @OrjiUka
As events continually unfold in our beloved country with massive implications for the viability for our continued peaceful co-existence as a sovereign political entity, one mind boggling rhetoric that recurs in my sub conscious is, “when will tomorrow come?”
The youths in Nigeria have over the years been beguiled by our more esteemed elders that we are the leaders of tomorrow and hence should bid our time and await tomorrow. However, events of the yesteryears have clearly pointed to the contrary. Accordingly, the focus of this piece is to x-ray the socio-political goings on in the country, with particular emphasis on the role so far played by the youths, with a view to exposing the underlying motive behind this greatest chicanery of our time.
Nigeria’s political culture is perennially characterized by a system where the youths who ought to be major stakeholders are considered as outsiders. What we have on ground is the current practice where the country’s democracy holds practically nothing for the youths, a situation once aptly captured in the words of Peter Clever Oparah as, “a grand travesty of the ideal democratic system that treats the country’s youths as mere carpet beggars, to the profligacy of the so called political class that has run the country into a dangerous cul-de-sac”.
Our youths have continually remained at the very fringes of the political system. We are continually manipulated and exploited for ethnic, religious and selfish ends by the political class. We are made to see each other as enemies that must be regimented and not as partners in the democratic project who ought to work together for common interests, easily incited and mobilized to attack and injure one other because it suits the long term interests of the political class who appear ready to employ any mechanism to maintain their tenacious hold on power and perennially shut the youths out of the corridors of power.
The average youth in Nigeria today lacks adequate food, shelter, quality education, employment and other fundamental amenities that can enhance his independence. With all these out of his reach, he is at the mercy of the ruling political and economic class who can inveigle him with peanuts and cajole him to destructive ends. What should ordinarily inure to the youth as of right is offered to him as a favour and a bait to entice him to do evil. Today, the only job a politician can offer a youth is that of a thug or ballot box snatcher, while urging him to tarry till ‘tomorrow’ when his turn will come.
It is my humble submission that Nigeria’s political leaders will never be quenched of their perpetual thirst for power and will do anything to cling on to it. In other words, this tomorrow may never come. And the consequence will always be youth restiveness, militancy, kidnapping, terrorism and their likes as we have witnessed in recent times.
Whoever is in doubt as to the perennial nature of this futile wait for tomorrow should cast his mind back to the 2005 Political Reform Conference, the aim of which was to chart a course for the Country’s future. Majority of the delegates were already aged and past their prime. As a result, several of them were caught on live television napping during the course of the deliberations. Or can one easily forget the infamous third term saga where a former Nigerian Head of State in 1976 addressed a gathering of youths where he referred to them as the ‘leaders of tomorrow’. Fast forward thirty years to 2006 and you will see the same leader using the Nation’s resources and entire state apparati of governance to perpetuate himself in power, albeit unsuccessfully, for another twelve years.
Look at the appointments made by the immediate past Umaru Yar’Adua Administration: Pa Rilwan Lukman whose children are old enough to govern the country was appointed a Minister of the Federation, over thirty five years after busting into the political scene. Or is it Obong Ufot Ekaette? If you think we are done with the likes of Alhaji Bamanga Tukur or Mallam Jerry Gana, wait for the next administration. Contrast this with the scenario in the advanced democracies of the world like the United States where age is neither a criterion nor a barrier to occupying political office.
The present administration has not fared any better and this clearly lends credence to the perpetuity of our wait for tomorrow. While the so-called affirmative action of the present administration has seen the increase in the participation of women in governance, the same cannot be said of the youths, I mean the proper youths and not the likes of the National Youth Leader of the People’s Democratic Party, who I can bet witnessed not just the Civil War, but possibly our Independence.
While I do not envisage in any way a repeat of the American, French and Industrial revolutions of the past centuries, I feel strongly however that there is an urgent need to build a strong and virile democratic culture which will outlive the contradictions of the system practiced for the past fifty years and counting. I sincerely wish our youths would learn, pull resources together and tap positively from their vast God given potentials for their maximum benefits. Above all, while I am no Martin Luther King Jnr. I dream of the time when all youths will rise to the challenge, grasp the bull by the horns and resist all attempts by the ruling class to use us as mere tools, and instead act with the conviction that the Country is rightfully ours.
Finally, and possibly more importantly, I do hope that as we gradually approach the make or mar election year of 2015, we would have a situation where the young ones can stand their ground and reject the peanuts often offered as the price for our votes and support. I hope that by then we would have had a genuine and virile government institution that will work to improve the lots of the Nigerian youth, for only then can we really look forward to tomorrow when the youths can shout ‘Uhuru.’
Follow Orji on Twitter: @OrjiUka
TAKING JUSTICE TO THOSE IN NEED
It was a bleak drizzly early evening typical of Eastern Nigeria in September, but I defied the weather, the deplorable roads and muddy streets to get to my destination. Locating the house of the Onyeabu family in Ozara, Isuikwuato, Abia State was not as difficult as my maiden visit had been. This time, the one hour motorcycle ride was a little less unbearable.
From my observations, nothing much had changed about the area since my last visit about two years earlier as Student Head of ABSU Law Clinic. The roads were as bad as ever, and the area was still dominated by small buildings clustered together. But while nothing much had changed for the generality of the Ozara community, everything had changed for the Onyeabu family. After a six year wait, justice had finally found its way to their home, their son Smart* had been discharged by the Court and released from prison.
Smart Onyeabu was a pre-trial detainee at the Umuahia prisons where he had been in detention for six years on the charge of armed robbery in The State v. Onyeabu (Suit no. HS/9C/2010). He was arrested on 31st October 2006 at the age of seventeen on an allegation of armed robbery and just turned twenty one, a few months before the ABSU Law Clinic came into contact with him in the course of the Clinic’s routine pre-trial detention prison visit. The Clinic could not however do much for him since he already had legal representation, secured by his poor mother (a peasant farmer) and it would run contrary to the ethics of the legal profession in Nigeria to offer legal services to a person who already had legal counsel.
Fast forward to seven months after the initial contact, the Law Clinic met him again during a follow up visit to the prison to meet other detainees. He requested audience with us and bitterly complained about the services of the Lawyer. In fulfilment of the promise we made to him, the Clinic attended his next Court sitting at Isuikwuato High Court on the next adjourned date and confirmed his claims. From the Court records, his Lawyer had only appeared three times out of the twenty one times the case was scheduled for hearing. The Prosecution Counsel had fared only slightly better, appearing only eleven times. According to the Court Officials, on each adjourned date, the case would be called up and adjourned again owing to the absence of either Prosecution or Defence Counsel and other times due to the failure of the Prison Officials to convey him to Court for want of transport fare. Something needed to be done.
It was then I decided to take the first trip to his home town Ozara together with another Clinician, Osiri Ndukwe to meet with his family and at their request, explained to them the ethical implications and procedure for change of counsel. After ascertaining that the family could not afford legal services, the Clinic provided support to the Prisons authorities to enable him meet his subsequent Court appointments.
Following the report we submitted to the Clinic, after the amicable termination of the brief of the previous lawyer handling the case, the case file was handed over to the Clinic by the family and the Clinic promptly secured the services of a legal practitioner, Mr Emeka Okoroafor, an Alunmus of the University and also a Staff Clinician of the ABSU Law Clinic to take over the case. Thus began a battle to ensure access to justice for Smart and possibly secure his release, and you bet it did not come easy. It took a further eighteen futile attempts from the day of his arraignment to the last adjourned date, before Smart was able to make a court appearance.
The dedicated efforts of the Clinic finally yielded results on the 11th day of May 2012. In the face of apparent want of credible evidence against Ifeanyi, the Prosecution brought an application to withdraw case and the Court granted same and dismissed the charge against him, thus bringing to a happy ending, another sad episode in the long list of the failings of the Nigerian Criminal Justice System.
As I saw Smart on the occasion of this second visit beaming with smiles and doing his best to pick up the pieces of his life, a large chunk of which had been robbed from him by the criminal justice system, I knew that justice had indeed been taken to someone in need of it. This does not however detract from the fact that this episode should not have been allowed to happen in the first place.
Unfortunately Smart’s experience is not an isolated case. Indeed there are many others who have not been as ‘lucky’ as him. Chima Abasirim*, another prominent case of the ABSU Law Clinic, was on holding charge for eight years before the Law Clinic came to his rescue.
Chima was arrested by the Police, detained, arraigned before an Ideato South Magistrate Court in Imo State on the charge of conspiracy to commit armed robbery (without a co-accused) and subsequently remanded in Okigwe Prisons in December, 2003. Until the Clinic came into contact with him in 2011 during a routine Pre-trial Detention visit to Okigwe Prisons, Chima had been wallowing in detention, had not been formally charged before a High Court that has jurisdiction. In the process, he had suffered loss of job and education opportunities, in addition to being exposed to disease, physical and psychological damage and to compound his woes, his family had no knowledge of his whereabouts after his arrest as he had been unable to contacts them. Follow up visits to his community Ideato South carried by a team of clinicians comprising Chioma Nwigwe, Bethel Godfrey and Fred Ben revealed that his family indeed had no knowledge of his whereabouts, his aged father, was no longer able to earn an income but was very excited to hear about the whereabouts of his son whom he had presumed dead and assured the Clinic of his cooperation in every area he was needed. The Clinic decided to take up the case and secured free legal representation for him. Chima subsequently secured his freedom after the Clinic paid an advocacy visit to the Chief Judge of Imo State which resulted in Chima’s discharge from prison on the occasion of a Jail delivery exercise of Okigwe Prison undertaken by the Chief Judge in 2011.
These cases highlight the failings the Criminal Justice System in Nigeria but at the same showcase the potency of private involvement in enhancing access to justice in Nigeria.
The ABSU Law Clinic is one of the several Law Clinics established by the Network of University Legal Aid Institutions (NULAI Nigeria) to provide access to justice for the underserved members of the community. Most of the Law Clinics also have a specialized Pre-trial Detention Prisons Clinic, dedicated to providing legal services for needy pre-trial detainees in the prisons located within the localities where the Clinics are situated. The ABSU Law Clinic has in the past three years secured the release of more than ten persons from prison. The Clinics require support of Government, Government agencies and institutions especially those involved in justice delivery, the Private Sector, Legal Practitioners, Alunmi of the Law Clinics and the general public to continue this lofty efforts at taking justice to those in need.
*The first names were changed to protect the identity of the persons.
Orji Agwu Uka is an Alumnus of ABSU Law Clinic and writes from NULAI Nigeria, Abuja
From my observations, nothing much had changed about the area since my last visit about two years earlier as Student Head of ABSU Law Clinic. The roads were as bad as ever, and the area was still dominated by small buildings clustered together. But while nothing much had changed for the generality of the Ozara community, everything had changed for the Onyeabu family. After a six year wait, justice had finally found its way to their home, their son Smart* had been discharged by the Court and released from prison.
Smart Onyeabu was a pre-trial detainee at the Umuahia prisons where he had been in detention for six years on the charge of armed robbery in The State v. Onyeabu (Suit no. HS/9C/2010). He was arrested on 31st October 2006 at the age of seventeen on an allegation of armed robbery and just turned twenty one, a few months before the ABSU Law Clinic came into contact with him in the course of the Clinic’s routine pre-trial detention prison visit. The Clinic could not however do much for him since he already had legal representation, secured by his poor mother (a peasant farmer) and it would run contrary to the ethics of the legal profession in Nigeria to offer legal services to a person who already had legal counsel.
Fast forward to seven months after the initial contact, the Law Clinic met him again during a follow up visit to the prison to meet other detainees. He requested audience with us and bitterly complained about the services of the Lawyer. In fulfilment of the promise we made to him, the Clinic attended his next Court sitting at Isuikwuato High Court on the next adjourned date and confirmed his claims. From the Court records, his Lawyer had only appeared three times out of the twenty one times the case was scheduled for hearing. The Prosecution Counsel had fared only slightly better, appearing only eleven times. According to the Court Officials, on each adjourned date, the case would be called up and adjourned again owing to the absence of either Prosecution or Defence Counsel and other times due to the failure of the Prison Officials to convey him to Court for want of transport fare. Something needed to be done.
It was then I decided to take the first trip to his home town Ozara together with another Clinician, Osiri Ndukwe to meet with his family and at their request, explained to them the ethical implications and procedure for change of counsel. After ascertaining that the family could not afford legal services, the Clinic provided support to the Prisons authorities to enable him meet his subsequent Court appointments.
Following the report we submitted to the Clinic, after the amicable termination of the brief of the previous lawyer handling the case, the case file was handed over to the Clinic by the family and the Clinic promptly secured the services of a legal practitioner, Mr Emeka Okoroafor, an Alunmus of the University and also a Staff Clinician of the ABSU Law Clinic to take over the case. Thus began a battle to ensure access to justice for Smart and possibly secure his release, and you bet it did not come easy. It took a further eighteen futile attempts from the day of his arraignment to the last adjourned date, before Smart was able to make a court appearance.
The dedicated efforts of the Clinic finally yielded results on the 11th day of May 2012. In the face of apparent want of credible evidence against Ifeanyi, the Prosecution brought an application to withdraw case and the Court granted same and dismissed the charge against him, thus bringing to a happy ending, another sad episode in the long list of the failings of the Nigerian Criminal Justice System.
As I saw Smart on the occasion of this second visit beaming with smiles and doing his best to pick up the pieces of his life, a large chunk of which had been robbed from him by the criminal justice system, I knew that justice had indeed been taken to someone in need of it. This does not however detract from the fact that this episode should not have been allowed to happen in the first place.
Unfortunately Smart’s experience is not an isolated case. Indeed there are many others who have not been as ‘lucky’ as him. Chima Abasirim*, another prominent case of the ABSU Law Clinic, was on holding charge for eight years before the Law Clinic came to his rescue.
Chima was arrested by the Police, detained, arraigned before an Ideato South Magistrate Court in Imo State on the charge of conspiracy to commit armed robbery (without a co-accused) and subsequently remanded in Okigwe Prisons in December, 2003. Until the Clinic came into contact with him in 2011 during a routine Pre-trial Detention visit to Okigwe Prisons, Chima had been wallowing in detention, had not been formally charged before a High Court that has jurisdiction. In the process, he had suffered loss of job and education opportunities, in addition to being exposed to disease, physical and psychological damage and to compound his woes, his family had no knowledge of his whereabouts after his arrest as he had been unable to contacts them. Follow up visits to his community Ideato South carried by a team of clinicians comprising Chioma Nwigwe, Bethel Godfrey and Fred Ben revealed that his family indeed had no knowledge of his whereabouts, his aged father, was no longer able to earn an income but was very excited to hear about the whereabouts of his son whom he had presumed dead and assured the Clinic of his cooperation in every area he was needed. The Clinic decided to take up the case and secured free legal representation for him. Chima subsequently secured his freedom after the Clinic paid an advocacy visit to the Chief Judge of Imo State which resulted in Chima’s discharge from prison on the occasion of a Jail delivery exercise of Okigwe Prison undertaken by the Chief Judge in 2011.
These cases highlight the failings the Criminal Justice System in Nigeria but at the same showcase the potency of private involvement in enhancing access to justice in Nigeria.
The ABSU Law Clinic is one of the several Law Clinics established by the Network of University Legal Aid Institutions (NULAI Nigeria) to provide access to justice for the underserved members of the community. Most of the Law Clinics also have a specialized Pre-trial Detention Prisons Clinic, dedicated to providing legal services for needy pre-trial detainees in the prisons located within the localities where the Clinics are situated. The ABSU Law Clinic has in the past three years secured the release of more than ten persons from prison. The Clinics require support of Government, Government agencies and institutions especially those involved in justice delivery, the Private Sector, Legal Practitioners, Alunmi of the Law Clinics and the general public to continue this lofty efforts at taking justice to those in need.
*The first names were changed to protect the identity of the persons.
Orji Agwu Uka is an Alumnus of ABSU Law Clinic and writes from NULAI Nigeria, Abuja
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