FEATURE ARTICLE

Saturday, March 9, 2019
[email protected]
New York, USA
IN THE MATTER OF ATIKU VERSUS BUHARI:
WHY THE JUDICIARY MUST INVOKE THE MAXIM OF “LET RIGHT BE DONE”

he unity of Nigeria will once more be tested by the integrity of her judicial system, a co-equal branch in the tripartite apparatus of any democracy. It is only a matter of time and the matter of Atiku versus Buhari will come before the country’s Apex court. The men who serve on this body have earned their place in the hierarchy of the Judiciary. They are called Justices because they embrace the tenets of a noble profession and they ventilate justice in our everyday life as their decisions invoke the maxim of “let right be done”.

Across the world the court has been the last hope of the aggrieved , the oppressed, the downtrodden who seek remedy against the crushing weight of the elephant in the room: The high and mighty , the powerful elite, the King’s men who cannot be touched, and for whom money can buy anything and in fact do anything.

The men who are distinguished to serve in the Apex court of any land are not just Jurists but Purists. They are men who over the years have put their soul through the crucible of self-indictment , and have shed the carnal accompaniments of life and instead donned the cloak of altruism, in search of the truth and an adherence to the rule of law as upheld by the constitution.

Any departure from these core principles is a rape of the democratic process and the concept of “Quiz custodiate ipsus custodiace” is completely destroyed and so goes the heart of that nation.

Nigeria is at the cross roads of a constitutional crisis where the Legislative branch appears to have caved in to an over-reaching executive and have abandoned their constitutional mandate of selective oversight in what appears to be a blatant abdication of their civic responsibility.

In other words, when an executive branch negates constitutional bottlenecks and acts unilaterally by default to usurp the power of congress, and unseat a serving Justice of the court without due process, and the congress remains mute and plays possum, the foundation is laid for the emergence of tyranny and its systematic erosion of the fabric of our democracy.

Indeed, it was the inaction of congress that empowered an Executive arm of government to overplay its hands and disregard a peoples mandate and foist on Nigerians an election result, which is akin to daylight robbery. Since then, Nigerians have reserved their comments and have rested their oars on the echo of optimism trusting that the truth will yet come out.

It is an affront on the rudiments of democracy for a seating President to turn power of state against the very people he swore to protect. Yet the world was watching as the votes of millions of Nigerians were disenfranchised in an election, which the British Oligarchy called for the incumbent despite evidence to the contrary. And her American Cohort stood by and watched truth turned upside down and failed to register dissent through public pronouncement.

When it comes to black Africa, American international diplomacy takes a different turn, wears a new garb and hibernates from the platitude of being the moral compass of the world. Yes, in the Nigerian election spectacle America’s moral authority to speak about a people’s right to self-determination was gravely diminished. And if this was to side with an age-old ally ,it clearly lends credence to the existence of the two faces of truth.

The scramble and partition of Africa has not ended. It has been extended through subterranean and covert practices of imposing unpopular leadership amongst nations, men and women with no scruples who lack definition and character and are prepared to sell the soul of a country even in exchange for a bag of salt. Unfortunately, Africa is saddled with many a leader, and the difficulty of the African Union to emerge as a voice for African liberty is understandable, given that the representative leadership are men of genetic ambiguity or rather men without balls. They hide under a colonial creation, and hospitality and relive dreams of sensual pleasures while their house is on fire.

Through out history, a peoples right to existence has been driven by a fire sparked and fueled by an internal flame of passion.

This fire was not extinguished when the Haitians resisted French dominance of their right to Self-governance in the Western hemisphere.

This fire was not extinguished when Ho Chi Minh led the North Vietnamese in victory against French and American invasion of their homeland.

This fire was not extinguished when the Allied Forces drove the Nazis out of occupied France during World War 2.

This fire was not extinguished when King Jaja of Opobo for many years resisted British incursion into the Creek region of Nigeria.

This fire was not extinguished when in the year 480 BC, King Leonidas with an army of 300 men made a defiant stand against a crushing weight of Persian aggression.

It was this same fire that halted German incursion and annexation of Stalingrad.

The founding fathers of the Nigeria experiment may have carved a niche for themselves in terms of economic empowerment of a discreet group of Nigerians, but I believe the actions of the ruling party in the events of yesterday have destroyed the conscience of the nation and many of these fathers have turned in their graves.

When little children are paraded to vote in a Presidential election wearing identity cards of the ruling party and it is clear from their images that they are minors rather than malnourished adults, the government is guilty of child trafficking and child abuse.

When individuals are permitted to use one fingerprint to produce thousands of votes for a particular political party while destroying legitimate votes cast for another party, this meets the definition of gross electoral misconduct and establishes grounds for annulment of the said election.

When military personnel will turn around and intimidate and kill innocent citizens who are simply performing their inalienable duty of making a choice of leadership, Nigerians are now victims of a Police State.

When Governors recycle as Senators and sit still while their constitutional mandate is wrenched from their hands and there is no outcry; then democracy is on the verge of total collapse and the concept of checks and balances completely destroyed.

The rising sun was not just a symbol of the Biafra struggle for self actualization, it has been a beacon of hope for black Africa who look onto Nigeria as the pace setter in the dream for Pan Africanism and the repositioning of the Blackman as a tour de force in Human emancipation and pride.

We seem to have dropped the ball in this seamless pursuit of inordinate wealth and worldly possessions, abandoning our critical role as our Brothers” keeper and a bridge for the downtrodden to cross the crushing tide of perennial poverty and helplessness.

When history is revisited in the near future, it will be remembered that that we crossed this road together. And as we did, the question will remain as to whether we did so upholding the logistics of good governance or instead ravaged our only heritage and left it in ruins as a perverted inheritance for our children .

Indeed the next couple of days will be a litmus test on the survivability of the Nigeria nation.

All eyes will be on a few good men upon whom the future of Nigeria rests. Will they rise to the occasion and “Let right be done” or will they up end the case of the Winslow Boy and cave in to the whims and caprices of all the King’s men, and in so doing, uphold an injustice capable of catalyzing the disintegration of Nigeria which remains Africa’s and Blackman’s hope for self-definition and Character.

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