2003 Elections : Justice in or Outside of Court - My Assessment

By

Abba Anwar

abbanwar@yahoo.com

It is no of course so interesting as well as revealing, an article written by Mallam Muhammad Jameel Yusha'u, of the Department of journalism Studies, University of Sheffield, United kingdom, who gave a brief account of what transpired in a one day Conference under the auspices of the Foundation for Good Government and Development in Nigeria. The interesting article was pasted at gamji web page and also published by the famous and widely read Leadership Newspaper, on the 15th of August, 2005.

Yes the beauty of the Conference was in the calibre of people that were in attendance. But to me what is more beautiful was the contents of the speeches made by these gentlemen. I am absolutely convinced with what formed the topics of discussion. Convinced in the sense that, what were observed as features that characterized the Nigerian politics are both primpous and convincing.

All the presenters were  (are)  of the view that what Nigeria needs is nothing more than mouth- to- mouth resuscitation. The country has for a long time been on sick- bed. For the last six years our beloved motherland has been on the floor unconsciously, with little or no courage and energy. This is the true picture of Nigeria. Which is of course a frontliner on the African continent in all issues pertaining to political dislocations, economic disengagement and cultural mispositionings. The Conference was indeed a reminder to those Nigerians in diaspora that their country is still toddling as far as issues of good governance are concerned.

General Muhammadu Buhari got it right at the Conference when he observed that since the country returned to civilian administration in 1999, some of the expectations of Nigerians are, putting in place competent public machinery, an independent machinery, a business climate that will ensure foreign investment and a higher standard in the quality of the life of the Nigerian people. Exemplary incompetence, as Buhari puts it, is one of the best ways to describe Chief Olusegun Obasanjo's administration.

As Yusha'u said, Buhari attracted more attention when in his conclusion made scaring statement that,  ". . . . . . justice will be done in or out of court. "When we look at it from all perspectives, we can simply conclude that justice is no longer in the history of the Nigerian judiciary, as far as election petitions are concerned. So the same judiciary cannot deceive us by canceling the election of some governors. It is courageously believe that whenever corruption and outright negation of justice will continue to be in the mainstream administration of justice of a certain society, such society is nothing but a walking carcass. That is why I am suggesting that a new course 'Corruption in the Administration of Justice in Nigeria' should be introduced in all the Departments of Law in our schools. That can at least give us more hope in the system.

I am not,  at the same time, saying we do not have honest few in the Nigerian judiciary. With the cliquish nature of our judicial system we still have honest individuals that believe and practice in consonance with the ethical standard of their noble profession.

By saying justice will be done in or out of court, does not, in whatever sense, portray Buhari as somebody who wants foment unending crisis in the polity. Had it been he is such an unorganized and desperate actor, he would have done that since 2003, when Obasanjo was declared as the winner of the presidential election. But he chose to follow the normal procedure. Thinking that the orders of the court can save the nation from the wicked hands of our corrupt leaders. But unknown to him there are more disorders than orders in our courts.

Mallam Yusha'u asks a very important question in the six paragraph of his piece that, "Should the Supreme Court ruling on July 1 favours the opposition ANPP with the Buhari as the President, what should Nigerians expect? "The question was important not because the answer to it would be in the affirmative. But simply because, this is one of the few places that I cannot work in tandem with Mallam Yusha'u's submission. I never expected anything short of the ruling of the court of Appeal could feature in the Supreme Court's verdict. On this particular position, nowhere in my discussions with other people or write- ups I minced words. And the Supreme Court ruling proved me right.

Another respect deserving issue that this gentle and ambidextrous politician raised at the Conference was when he said,  ". . . . . . . . . . . . in or out of government we will insist on looking for good governance. "He who reads this statement knows that Buhari is not all out to play politics as a do- or- die affair. Good governance is essentially one of the fundamental pillars upon which democracy is built. So any politician whether active or inactive is as equal as what I can call, a dead- political- corpse, if he cares not to fight and insist for the enthronement of a genuine democracy. My reader should please capture it in a more clearer term that genuine democracy and good governance are more or less like twin- concepts.

When Buhari said they will insist on looking for good governance in or out of government, he and whoever cares to join hands with him in the struggle deserve our good will hard prayers. As a matter of fact, we shouldn't stop at that. I think it is equally important for us to join hands with him. And we should have it from the bottom of our hearts that we do not damn the consequences. Any society needs committed few to change its direction and focus. It is of course natural to see that many more hands join the struggle in the process. Nigeria is not an exceptional.

The first civilian governor of the old Kano state, Alhaji Muhammad Abubakar Rimi, who chaired one of the sessions at the Conference, gave another perspective to the 4 19, 2003 general election. To him as Mallam Yusha'u pinpointed in his piece, the rigging of the 2003 elections started within the Peoples Democratic Party  (PDP) , when Ministers, Advisors, and other officials appointed by the President and state governors were made to be parts of the delegates at the PDP National Convention. By mere participation at the Conference, Rimi shows to the world that he is still more comfortable with General Buhari than Obasanjo. That is when it comes to the enthronement of genuine democracy, that has probity, openness, honesty, transparency and accountability as its key words.

I would want to believe that, Rimi is, to some extent, one of the roadblocks of Obasanjo within the PDP setting. One of the niceties of democracy (though in the Nigerian case we are witnessing nothing but fake and self- styled one) , either pretending or genuine, is, any one is entitled to his own opinion. May be to a certain degree.

I undoubtedly see reason in what Mallam Ibrahim Shekarau, the governor of Kano state, observed in the conclusion of his paper that, ". . . . . . . . the problem of Nigeria is simply the failure of leadership, and unless we transcend ethnicity, we cannot talk of leadership. "Yes the leadership in Nigeria is massively characterized by high skilled ineptitude, embezzlements of all kinds, insensitivity, corruption, mismanagement, all sorts of inaction and a host of other unwanting attitudes from the leadership. To my own understanding Mallam Ibrahim Shekarau is correct when he said, ". . . . . unless we transcend ethnicity, we cannot talk of leadership. "Meaning we cannot develop as a nation if we allow ethnicity to always be the order of the day.

I salute with all seriousness, the first Executive governor of the old Kaduna state, Alhaji Abdulkadir Balarabe Musa, who is the Chairman of the Conference of Nigerian Political Parties (CNPP) , for being bold enough to say the plain truth that, "Some of the leaders of the opposition parties are not different from the members of the ruling party. "This is a statement of fact as far as I am concerned.

He scientifically maintains a balance by forwarding an argument that, '. . . . the main weakness of the opposition in Nigeria is the inability of the legislators to check the excesses of Obasanjo. 'The radical former governor challenged, right from his mind, that they hard from a genuine sources that the PDP had budgeted 500 billion Naira for the 2007 election. Nigerians could believe the authenticity of this revelation provided that PDP fails to come up with a counter view. Not only that the counter view should or rather must defend itself and at the same time stands the taste of time. Anything short of this in rubbish and condemnable. So the ball is now in the court of the PDP. Nigerians are eager to see the present National Chairman Alhaji Ahmadu Ali,  making a statement that has the power to debunk Balarabe Musa's allegation.

It could be this Conference and the subsequent ones that forcibly prompted the Presidency to, sometime in the recent past, called on the Nigerians in diaspora to always see good for their country. I could remember vividly clear that the Presidency called the attention of Nigerians in diaspora to always be saying good things about their country. I think they are not saying anything bad. They are only stating the obvious. No more no less.

I want to conclude my assessment by saying that Nigerians, either in or outside Nigeria must strive hard and make sure that genuine democracy is in practice in the country. The struggle is not for the members of the opposition parties, it is a task that all of us must give our helping hands. And the issue is beyond any personality. No! it is a cause that all of us must fight. It is absolutely necessary for us to stand up against any tyrannical rule, not minding who is captaining the ship.

All of us must start looking inwardly. Party affiliations apart. If my readers are ready that's fine. If they are still undecided is up to them. Time has never been a waiter of anybody since the beginning of the world.

  Abba Anwar

Kano