By Emeka Alex Duru
What readily comes to mind at these times of unceasing assault on the rule of the law in the country, is the insightful book, “How Democracies Die”, written by Harvard University political scientists, Steven Levitsky and Daniel Ziblatt. The authors note and rightly, that “democracies may die at the hands, not of generals but of elected leaders – presidents or prime ministers who subvert the very process that brought them to power”.
The attack on democracy, they add, often begins slowly, taking many shapes, including emasculating or shattering the democratic institutions that are supposed to moderate the elected leaders. Often, such programmed abuses are clothed in the garb of protecting national interest and fighting corruption.
Against the backdrop of regular infractions on the system and the recent raid on the residence of Mary Odili, Justice of the Supreme Court, by security men, Levitsky and Ziblatt, are right in their analyses, as they relate to Nigeria.
There is clear and present danger to the future of democracy in the country, truth be told. Forget about the symbolism of elections taking place, opposition parties and their candidates having their say in the media or other public spaces. Everything may seem to be working, to the unwary. But the fact is that the fabric of the system is being seriously eroded. It only takes minimal efforts to detect the pervasive rot.
Not too long ago, Nigerians were treated to the piteous spectacle of the National Assembly under siege by security men and parliamentarians scaling the walls to prevent removal of the then Senate President, Bukola Saraki and his deputy, Ike Ekweremadu. The invasion was at the promptings of the presidency. It seems to have been forgotten.
The ugly script played out in Plateau, last week, when the Speaker of the 24-member state assembly was kicked out by eight lawmakers, said to be enjoying the approval of the governor, Simon Lalong.
That must have emboldened the goons that assaulted Justice Odili’s home. And in the typical Nigerian system where any riddle that has the imprimatur of the authorities is hardly solved, nobody has admitted authorising the invasion. Aside from a fleeting statement crediting a nondescript Magistrate Court of issuing the warrant for the raid, neither the Attorney General nor the Inspector General of Police (IGP), has offered a precise account of what necessitated the action. The Presidency has equally not uttered any word in condemnation of the dastardly act.
The explanations, may, indeed, never come. The directive by the IGP on the Federal Investigation Bureau (FIB) to get to the root of the matter, may just be for the records and keep the citizens guessing. If in doubt, refer to the Justices John Inyang Okoro and Sylvester Ngwuta affairs. Both were Supreme Court Justices. They were arrested on October 8, 2016, on allegations of corruption but later exonerated from the charges against them, after being publicly disgraced.
Okoro was accused of bribery and corruption. After investigations, he was exonerated and recalled. He was later cleared by the Department of Security Services (DSS) in December 2019 and never faced trial for the crimes he was charged with. He must have been badly shaken by the event.
Ngwuta was not that lucky, in the long run. He was arrested on similar allegations as Okoro. However, the Court of Code Tribunal (CCT) ruled in May 2018 that only the National Judicial Council could determine whether or not he would face trial. In September 2019, Ngwuta resumed his duties as a Supreme Court Justice after a three-year suspension. He died earlier this year, apparently on the weight of the shame he suffered from his humiliation.
In similar gory manner, former Chief Justice of Nigeria (CJN), Walter Onnoghen, was molested and forced out of office in the days leading to the 2019 general elections. He was accused of corruption but never found guilty. He is still living with the trauma.
It is this siege of trial on the media that is being unleashed on Justice Odili. The Nigerian Bar Association (NBA) and others who should know, have described the raid as an affront on the judiciary. More than that, the aim is to intimidate the Judge, discredit and degrade her in the eyes of right-thinking members of the public to the point that she would not be found credible enough to be entrusted with a higher office in future. Seen from this angle, the assault on Odili, may just have started. More tackles may be on her way.
But it goes beyond the Honourable Justice. The invasion of her residence, is truly an affront on the judiciary and a slap on the rule of law. Democracy is about checks and balances. It thrives on a tripod – the executive, legislature and judiciary, ideally on equal terms. Attempt by one to ride roughshod on the other arms, is usually an invitation to anarchy. Nigeria is closer to that sordid corner, right away.
What has happened to Odili is an insult on every Nigerian. Her position as a Justice of the Supreme Court, the highest court in the land, should accord her some respect, except in a proven instance of abuse of office, which in this case, has not been established. The raid on her home, is by extension, a violation of the institution of the Supreme Court – the apex court which makes pronouncements that have the force of the law, as the constitution.
This is one case the Muhammadu Buhari presidency cannot gloss over or pretend to ignore. The disclosure by the Inspector General of Police, Alkali Usman that the operatives who raided Justice Odili’s home have been arrested, can be assuring, if followed through.
“I have taken my time not to speak quickly on this issue to ensure that when I speak, I am able to give Nigerians information on what transpired or what has been done.
“To the best of my knowledge, we have been able to arrest the perpetrators and we are investigating the circumstances surrounding the invasion or siege on the judge’s residence” the IGP reportedly said at a recent event in Lagos,
He should go beyond the remarks. The outcome of the investigation and reasons behind the senseless raid, should be made public. This should not count among the legions of investigations that did not see the light of the day.
Democracy is about transparency and openness. Let no one be deceived; what has happened to Justice Odili and other assaults on the judiciary, legislature and indeed all the institutions of democracy in the country, are being taken note of by the outside world. They account for the persistent drop in the Foreign Direct Investment (FDI), the supersonic capital flight from our shores, relocation of multinational firms from the country and the copious disdain trailing Nigeria abroad.
*DURU is the Editor of TheNiche Newspapers, Lagos (08054103327, nwaukpala@yahoo.com)