Re-Albishir vs Ali: With a Democracy Like Ours

By

Usman  Dakeja

The above article makes an interesting reading even though I must confess that I was taken aback after reading through.  The piece appears not to be that of Mallam Haruna  because for many years that I have been reading him,  there was never a time he wrote in that self contradictory manner over such a self explanatory case.  

The columnist for those who may not know is a national institution,  a pillar of Nigerian journalism.  It is however worrisome to read him questioning somebody who was defamed and who is seeking redress through the court system.  I don't know when it has become the job of public commentators to decide for the aggrieved what type of redress they should seek.  If Albishir accused a sitting governor of plot to kill him in a sworn affidafit,  the case is not libelous and defamatory; it has also become criminal perjury for it also amounts to lying on oath.  If Ali now sued for criminal defamation,  why should he be castigated for that.  Or does the columnist want Ali to resort to violence in seeking redress?  

Also there was this talk of the police being overzealous but it need be said too that whoever refuses to answer court summons can be declared wanted.  Why will Albishir refused to answer court summons after he had sworn to an affidavit in which he claimed somebody want to kill him.  The writer sees nothing wrong in Albishir`s conduct but was quick to accuse the governor of witch-hunting opponents.  So seeking redress when intentionally defamed is now an offence.  The article said he cannot get fair hearing in Damaturu. Is it not clear that there is a system of appeal up to the supreme court?  And in any case are both Ali an Albishir not from Yobe? So it is allowed now for a suspect to chose where he want to be tried.  And if he must enjoy that rare privilege,  is it not for him to go to court and apply for such?  If he failed to,  is it not in order for the police to declare him wanted?  

I note also the ridiculousness of the argument in the piece that the police was wrong in declaring a senator wanted.  Does a senator enjoy immunity under the constitution?  Should an ex-senator be free to libel somebody even under oath without repercussions?  I cannot believe that this piece appear sunder this byline.  If in a political battle,  a party is stupid enough as to lie under oath , why should the other party be crucified for counter attacking but strictly through the legal process.  

One also disagreed with the notion that the case is linked to the guber  feud within the ANPP. On the guber  battle,  the ANPP summoned Albishir during the crisis and on seven occasions , he failed to appear before the party. Subsequently, the party gave its ticket to Ali who then proceeded to defeat the PDP during the general election.  Ever since then Ali had appeared in court for about fourteen times and on all count he had defeated Albishir. So the guber has been won and lost in the court.  

What the article refused to focus on is that Albishir even after the several loss at the courts refused to support Ali and he continuously resorted to all manners of antics such as the one in question.  If out of desperation Alibishir had boxed himself into a corner,  public commentators should rather advised him to toe the path of Abubakar Hashidu of Gombe rather than accusing Ali of resorting to courts. Infact, I believe the columnist should commend Ali`s faith in the judiciary.  When his convoy was attacked early this year,  he restrained his supporters from retaliating preferring instead that the law should take its course.  

We cannot make any progress if we continue to allow personal affiliations to color our conduct.  When the writer said Albishir was a friend of his boss, Abdulsalami, I know the whole piece is subjective.  But I was not convinced then until I read paragraph nine where the writer said the allegations against Albishir was fabricated and in paragraph ten of the same piece,  where he wrote again that it was not fabricated.  That confusion pointed to what I noted earlier that this piece is not written by Mallam Haruna.  

Yes,  because I know he will not advocate refusal to honor court summons; he will not argue that senators have immunity from prosecution; he will not blame an injured person who is seeking redress; he will not celebrate a politician whose notoriety he confirmed in the piece; he will not play the role of courts in deciding whether a suit is right or wrong; he will not refused to call a spade a spade no matter who is affected.  In my own view, Ali does not deserve blame rather he should be commended for resorting to due process rather than self help.