By Oluyinka Oyeniji
Nigerians live in interesting times. While even political office holders have admitted repeatedly that the continent in general and Nigeria in particular, lacks good leadership and governance. This travesty has negatively impacted what is left of any shred of innate human right which every citizen must enjoy.
If you are still in doubt that good governance is a fundamental human right, then read Chapter 4 of the Constitution of the Federal Republic of Nigeria again. This Chapter is supported by the African Charter on Human and Peoples’ Rights, the United Nations Declaration on Human Rights and several other international instruments which have been domesticated by African Countries, albeit without any potency of enforcement.
Before the advent of this Republic, there had been a growing state of insecurity. Right to Life is a fundamental human right. Since the return to democracy again in 1999, the Nation has been faced with several civil unrests which have claimed the lives of military men, law enforcement agents, civilians as well as hapless citizens including the vulnerable (children and women who were not caught in the middle of unrests but were targets of unbridled and crass infringement of fundamental right to life.
Almost five years ago, specifically on the 15th of April, 2014, 276 female students, preparing to write their Senior School Certificate Examinations were kidnapped at Chibok in Northern part of Nigeria. Had their education continued uninterrupted, many of them would have completed their undergraduate studies and be ready to join the teeming labor force. Spate of kidnappings have continued unchecked while absence of qualitative youth engagement has ensured that criminal activities are soaring. No one has ever denied that the bane of these problems have been absence of leadership.
The present administration made heavy weather of its resolve to eradicate corruption. The present President had ruled once and touted to be an anti – corruption Advocate from his antecedents in the early 80s, it was the pedestal upon which the campaign for his first term was hinged. Supposedly following those indices upon which his personality was perceived, the first onslaught on the Nation’s Judiciary was executed on the 9th of October, 2016 when the Directorate of Security Services invaded the homes of three Supreme Court Justices and four Judges of the Federal High Court in a simultaneous “sting” operation all over the country. Till date, not one of the Judges or Justices has been convicted!
Again, just last week, precisely between the 9th and 11th of January, 2019, acting on a petition supposedly submitted by a non – governmental organization by the hands of a former Aide to the sitting President, it was alleged that the Chief Justice of Nigeria (CJN) did not submit a comprehensive Assets Declaration Form and that he had upwards of about N2bn in foreign currencies as balances in a domiciliary account which the law forbids. On the face of it, it would appear that the figures involved deserve some investigation and ultimately prosecution, if necessary.
However, in an unprecedent action, the CJN became the subject of an attempt at being prosecuted before the Code of Conduct Tribunal. In unconfirmed reports, it was posited by the Executive that he should either resign or step down to allow prosecution since he could not be a Judge in his own case and especially because he remained the number 1 Judicial Officer of the Federation. This caused widespread outrage with the CJN himself being absent at his arraignment and being represented by over 100 Lawyers, half of which were Senior Advocates.
There have been at least three different lawsuits filed before separate Courts including the National Industrial Court while interim orders of Injunction are being sought and granted to restrain the Code of Conduct Tribunal from further prosecuting the CJN, challenging the constitutionality and jurisdiction of the CCT, etc.
One therefore wonders whether this is truly a fight against corruption or that it relates to something even more sinister, cogent or deep. The unfolding events in the appointment of CJN back in 2016 was instructive. As the most senior sitting Supreme Court Justice in November, 2016, his appointment as substantive Chief Justice was expected to be automatic or a walk in the Park. Instead, the President refused to send his particulars to the Senate for confirmation as the CJN. The Acting President then did the honors of carrying out this task four months after it should have been done. In fact, the Nation would have been plunged into constitutional crisis, had it lasted for two more months.
In subsequent publications, we will examine some plausible reasons behind the perceived onslaught against the CJN. Could it be related to prospective Election Petition Matters which are likely to be referred to the Courts after the elections at which Nigerians are expected to exercise their enfranchisement to vote and be voted for? Could it be an anticipatory move to ensure the CJN is disengaged from the Court so that another, from a different part of the Country is sworn in to constitute Election Petition Tribunals? How are all these suppositions affecting the guarantee of fundamental human rights of Nigerian citizens, particularly as relating to good governance to stem the fact that right to life has become endangered? Please look out for answers in subsequent publications which will also include updates on development of the case of the Federal Government Vs the CJN.
*This piece is the first in a series of Opinion specially centered upon Nigeria’s General Elections and Rights of its Citizens.
Culled: From Human Rights Foundation, (HRF)