Looking pale and drawn, Amos Adesanya sat on the sun-drenched road side- kerbs in front of the “jam-packed” bank queue which had snaked to the main road. His mother died during the little hours of the night and cash was urgently needed to take care of things needed for embalmment, transportation and sundry. While Amos was sitting waiting for his turn, social media news spread like wild bush fire that a man on queue in another bank suddenly fell and died instantly. At the same time, rumors began to fly that the banks had been given millions of cash by the CBN but that the banks were hoarding it and selling it at premium to the POS operators.
The tension on the long queue rose to boiling points. Suddenly, the staff of the bank began to go out through the back door in some form of disguise because a security operative hinted them that an attack on the bank was imminent. The irony of the situation was that it was not the real people on the queue that were planning the attack. In actual fact it was the band of street urchins who sells “Queue Spots” that were angry that there may be loss of earnings if the bank would not give out money on that particular day. The gist here is that “street boys” are put on the queue from around 4am in the morning and later on they sell the position for about N1000 only. These young jobless guys rely on daily income from all sorts of black deals and in this situation, if banks would not dispense money, customers who are mainly POS operators would not do business with them that day.
Harrowing stories of bloody riots, death by police gunshots abound. But the kernel of this article is rooted on why the incoming government must determine to strengthen democratic institutions especially the Judiciary.
Recently, and in the middle of the milieu, some governors of the ruling party approached the Supreme Court and got an Order that affirmed that the N200, N500, and N1000 notes as legal tenders till December 2023. But the CBN refused initially to obey the Court Order because they have not heard from the Federal Government, nay, President Muhammad Buhari or to be precise; he had not given the Governor of CBN order to obey. That exactly is the crux of the matter! Imagine the amount of suffering that took place among the poor and the down trodden and even the rich up until they chose to obey.
Meanwhile, disobeying Court Order serially by other arms of the government and their agents including the security services all over the country is a stuff of the legend.
As you read this article, there are many States governments and parastatals all over the country that has refused bluntly to obey Orders made by Courts against them. Most notable cases relates to Chieftaincy titles and traditional stools. In one of the Southwestern states, a High Court of competent jurisdiction, ruled that an Oba must vacate the traditional ruler’s stool because among other reasons, the purported installation of the Oba was according to the judge, “…an act of Executive recklessness that should never be allowed as it was done in reckless violation of judicial proceedings”, The judge further declared “…The installation of the ..”Defendant was a pre-emptive act to arrest the likely outcome of the motion for an injunction. The installation of…..is hereby set aside”.
Despite the Court Order, the Oba has continued to parade himself as the traditional ruler, an act which has led to the filing of “FORM35”, a proceeding known as Committal to prison.
The issue of disobedience of court orders is not limited to Federal Government and State Governments; land matters are worse. Even where it is so glaring that various acts are contempt of Court, contemnors takes the Court for granted most of the time knowing fully well that the Police may not enforce the law. And, since the Judiciary rely on the Executive arm of the government as regards enforcement, the threat to democracy is existential and a foregone conclusion.
Howbeit, the question may be asked as to what an Independent Judiciary and other institutions working seamlessly mean to the development of Nigeria.
Indeed, one of the clarion calls aside of infrastructural development to the incoming government is the steady strengthening of major democratic institutions because they are the true foundation of all democratic societies. As regards to the Judiciary, it is crucial that all judgments be based on law and facts and must be respected and must be also enforced by the Executive arm of the government under all circumstances. That is the only way to protect the fundamental rights of people as enshrined in the constitution of our country. That also is the only way to deepen democracy. In other words, if Democracy works on the principle: of the people, by the people, and for the people, then the judiciary must be strengthened by the incoming government to give Justice to people without pressure of the Legislative and Executive or influence of people associated to the organs around law and order especially the Police.
Also, for example, in a paper presented by HON. Justice Mohammed Lawal Garba, JCA at the ‘All Nigeria Judges Conference’ in 2019, titled “The Court as the Guardian of the Constitution”; said he, “In simple terms, a constitution in relation to a nation state and a sovereign country, is a a written document that embodies or serves the foundation from which all authority and powers of the state institutions and departments, draw legitimacy, validity and lawfulness…the country, the constitution originates from and is owned by the people of the country who come together to give unto themselves through their true representatives, the basis or foundation upon which they agree to be governed.”
The above submission puts the nail right on the head of the reason why Asiwaju who had risked his life and expended his resources in the real fight for democracy and has invested time in showing the way in governance must see clearly that he is been given a chance to complete what he and others (many died) started or at least to further the quest.
Furthermore, in the Guardian of 7th November 2022, writing on “How weak Judicial arbitration systems undermine Nigerian Investment drive”, Helen Oji says, “….slow and costly Court proceedings have deterred many investors in Nigeria. This is because investors consider the strength and independence of judiciary amongst other factors before making an investment decision. Investors who are increasingly looking for a supportive rule of law that would provide the vital reassurance of the safety of investment, protection and room for safe and fair access to redress are turning away from Courts mainly due to delays in the resolution of disputes and lack of independence of the judiciary.”
The President-Elect is no stranger to the way the Court works both at the personal level experiences and at the level of government. The story of how Lagos State fought in the Courts with regards to the cantankerous issue of the LCDAs and the hard fought case on ownership of Banana Island and the flagrant disobedience of Court judgments are part of national history which must not be lost on him.
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Amos Adesanya and his family, the woman who threw moral caution into the winds and went almost naked in a banking hall, the lady who had to climb iron barriers to get inside bank, the owners of lost capital due to perished goods in farms and markets and those who lost loved ones to the police bullets and other catalogues of woes are all victims of the unintended consequences of disobedience to court orders promptly.
The question arises; will Asiwaju, the Jagaban of Borgu find the temerity to straighten ering governors that are in his party and in opposition? Will he summon enough courage to clean up the stains in the judiciary itself and where will he find power to frontally take up corruption in all other democratic institution all over the country in other to have the ears of big time investors to Nigeria?
BAT should not be fooled by the Nigerian attitude of ‘suffering and smiling’. He should remember the American saying that “Behind many smiles hide rivers of tears”
Millions of Nigerians are full of great expectations, so, you should know sir!
