Princewill Odidi|9 January 2016|5:34am
1. The past week witnessed a political tsunami after the presidential media chat. So many versions of what transpired has been published, some condemning Buhari and others supporting him. On my part, whether Buhari's comments were a disregard to the courts or for political correctness, a slip of tongue, at this point it is irrelevant. Come with me let me walk you through comparative politics between Nigeria and the United States.
2. To those who frowned at Buhari's comments and interpreted it as abuse of power, citing American democracy and separation of powers, while I welcome the concept of their argument, their theoretical base is fundamentally flawed. One of my readers actually asked if Obama would violate the courts? The answer is No. But truth be told, the scenario that led to this can never happen in America.
3. Obama cannot wake up one morning and give a note to America's Security Chief to go to American Federal Reserve and collect money. Just the thought of this alone, talk more of issuing a note to this effect is automatic impeachment for the American President. This is what Jonathan did, and instead of indicting Jonathan we are attempting to crucify Buhari for challenging bail of culprits.
4. Second, American Judiciary, though highly independent, is ideologically biased. The United states have what we call conservative judges and liberal judges. Republican Presidents appoint more conservative judges and Democratic party presidents appoint more liberal judges. To those who follow American Politics, Obamacare would have never passed the House of Representatives and interpreted by the Courts favorably in a republican Presidency.
5. Don't forget that the role ideology plays in American justice system is a similar role ethnicity and religion plays in Nigerian politics and legal system.
6. Justice Salami of the Appeal Court, was unceremoniously suspended, retired and removed by Jonathan using back door channels, most of us saw nothing wrong with that, neither did we question if American president would interfere with American Judiciary to that extent.
7. Our Nigerian law makes it clear, that once someone is arrested by the authorities, within 24 to 48 hours he or she should be allowed to see a judge, who would determine if he is qualified for bail or not.
8. In America, this is what is obtained. even if it is a street beggar, he will not stay in detention beyond the legal time to be held. In Nigeria, how many of your brothers and my brothers have been caged in detention for years without trial? How many petty thieves who stole pencil, salt, garri, palm oil just to feed have been kept in jail for years without trial? Some have died in detention, we never shouted human rights or attempted to compare their situation with America, but a man who carted away N40 billion meant for internally displaced persons, leading to massive deaths, that his bail is delayed, we all cry foul and compare same to America.
9. The question then is, does the political party that controls the presidency have any influence on the Judiciary in advanced democracies like America? The answer is yes! Since Obama came into office, he choosed liberal judges who will interpret laws aligning with liberal thinking. This explains why it was easy to pass Obamacare and stem cell and even gay marriage legislatures. These would have never happened in a Republican Presidents term. So don't be deceived that the Judiciary is purely independent from political and ideological leanings in developed democracies, in similar vein, if the government in power in Nigeria considers an accused too risky to jump bail, then other measures would be put in place to ensure justice is served.
10. Now, don't forget that 16 years of PDP rule in Nigeria, produced judges who are aligned to PDP in their thinking and some of whom actually collect bribes to legislate from the bench. Few deviants like Justice Salami were booted out. How do you expect a politically influenced judiciary to proffer unbiased judgments on politically influenced matters? How do you expect a judiciary whose independence has been eroded and abused over the years to produce independent judgments? How do you expect a system where some judges have been reduced to pay boys of the politicians to turn around and convict their paymasters?
11. Six years after the subsidy thieves scandal, no one has been convicted, yet we are quick to compare Nigeria legal system with America. A legal system that could not convict a single powerful person in six years, won't it take us 10 years to still be debating dasukigate? This is actually the burden of the whitemans democracy we inherited and abused and today we feel proud to compare.
12. Last month, it was brought to my knowledge that some young boys from CRS have been in detention getting to 3 years without due trial. I inquired by calling the prosecutor. He confirmed the case, but was quick to inform me that he needed money to make photocopies, before the case can be presented to a judge, technically, asking for money before a judge can see the accused. He further complained he has not received imprests for several months. So as we are all making a case for Dasuki, do we ever remember our own brothers whose rights have been denied and forgotten in detention.
13. In the same Kuje prison and detention center where Dasuki spent less than 3 weeks before he was arraigned in court, do you know how many poor people with lesser crimes who have spent years without the opportunity to see a judge? Do the poor have human rights? Why will a prosecutor bring forward the case of a poor-man for hearing when the rich and powerful are ready to pay and bring their cases forward for hearing? The rich and powerful amongst us, do you know how many lives they have wasted without being accountable?
14. What is rather more troubling in Nigeria today is that, it is the poor and downtrodden whose rights are being abused by the rich that will easily come to the defense of the rich and powerful. So let us face the facts. If Dasuki were a southerner, wouldn't we have shouted ethnicity and tribal persecution by a northern leadership?
15. Since independence, politicians of same political philosophy have ran the affairs of Nigeria. Beginning with the National Party of Nigeria which metamorphosed to National Republican Party which later metamorphosed to People Democratic Party. This is one of the only time in our national history that a leader from a different political philosophy has emerged. Buhari emerged at the political executive leadership amidst a bureaucracy politically influenced by PDP, a police, military, congress, judiciary all the offspring of PDP, do we expect him to rely solely on this machinery to execute his change agenda? If change must be achieved, then change agents must also emerge in the bureaucracy and judiciary, and judges of integrity must emerge.
16. Certainly, some hard choices would have to be made. Some rights may have to to be violated, a new set of change bureaucrats, change congress, change police force and military would have to emerge to support the change agenda.
17. Before the elections, I was so convinced that Buhari represented the change we clamored for. Many disagreed with me, but today I feel justified. Today, I am making the call again that Buhari means well for the nation, some may disagree with me, some may argue I have lost my sense of objectivity in analysis, but I am certain, and I will still maintain, if militarizing our society and democracy would be the way to fix our country, I would respectfully subscribe to it.
18. Since we have not experienced a leadership of this nature before, it explains why we prefer suffering for the masses and wealth just for a few. Buhari means change, no hard feelings whether we like him or not. The current democratic structure in Nigeria, even though it has proved successful in the United States, is rather a burden for our development.
19. Remember how the hawks at the Presidency unceremoniously removed Sanusi from CBN so as to bring in Emeifile who would play game and release such an amount to a single individual violating all banking procedures? Yet we still find faith to defend such evil. I sometime wonder if we have been bewitched not to see the truth. To those comparing Nigeria and America, would an American president remove the Chairman of the Feds in a such a manner? does he even have such powers?
20. Our courts have been compromised, our bureaucracy politicized, our prisons and detention centers akin to cages for dogs, our people so used to sufferings that they sing praise to the government for doing their jobs, crime now a common place in our cities, the rich continue to oppress us, our leaders cart away billions from our reserve to their private accounts, our roads in total disrepair, our schools debilitated, our hospitals run down, yet, we are quick to compare our democracy with advanced countries, when the perpetrators are called to book.
21. When will this veil fall off our eyes? When when will we ever realize that we are poor because a few people live off our collective wealth? For lack of better heading, I would title this piece, 'Dasukigate and the Burden of Democracy' .
Princewill Odidi
Is a Social Commentator writing from Atlanta, USA. (princewillodidi@yahoo.com)