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Babangida and his cohorts should now jettison their shilly shallying, dilly-dallying equivocating tactics and face judgment, for the bible says that whatever a man sows, that he will also reap.


Monday, October 8, 2001
Alfred Obiora Uzokwe
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OPUTA SCORES ONE FOR NIGERIA'S DEMOCRACY
- An uncommon display of courage and judicial perspicacity!



"The former heads of state who refused to attend might have been motivated by the feeling of pride and arrogance or through fear. Dictators govern an unwilling citizenry by fear. By setting up the Human Rights Violations Investigations Commission (HRVIC) fear changed side. The erstwhile dictators are now afraid of exposure, afraid to appear and give evidence relating to their period in office"

nd with that statement, Justice Chukwudifu Oputa ended months of speculation as to whether he had jurisdictional authority to compel Ibrahim Babangida, Buhari and Abdulsalam to appear before him to answer the human rights violation charges preferred against them. He publicly called on the former dictators to appear before his commission or go to jail for 6 months! By this singular act and pronouncement, Justice Oputa buttressed an assertion made in another century and under a different set of circumstances that "justice is indiscriminately due to all without regard to numbers, wealth or ranks" Oputa joined well-meaning Nigerians in sending a clear and unmistakable message to the former dictators of Nigeria that no Nigerian is above the law.

In the process of rendering this welcome verdict, Justice Oputa serendipitously vindicated Obasanjo who has incessantly declared that there are "no sacred cows". Babangida and his cohorts should now jettison their shilly shallying, dilly-dallying equivocating tactics and face judgment, for the bible says that whatever a man sows, that he will also reap. They sowed the seed of discord in Nigeria, they capitalized on a nation's timidity engendered by fear and forced Nigerians into living in social and economically unjust society where the rights of citizens were trampled upon with impunity and reckless abandon.

Just as I was beginning to wonder whether the Oputa Commission could actually compel the Generals to appear before him, the eminent Justice in one bold, big step made a remarkable foray into a territory where many have feared to tread on. In one of the boldest moves I have seen lately in Nigeria, Justice Oputa not only said they should appear before him, but he actually chastised them for their cowardly excuses about possible mob action if they showed up. The Justice stated eloquently that "fear has changed sides"; this was in obvious reference to the fact that when the Generals were in power, they instilled fear in people, but now that they are being asked to come and give account of their stewardship, they have become afraid of the masses.

I believe in the justice system, but for some reason I was afraid that the ruling of the Oputa Commission might go in favor of the Generals, so I started bracing myself for the worst. My skepticism derived from the fact that right after Justice Oputa visited President Obasanjo at Aso Rock some months ago, he came out and in what seemed like a subdued demeanor, he talked about his intentions to hold in contempt anyone who cheered or applauded during his Commission's proceedings. I lamented this turn of events and wondered why the eminent Jurist could not get the erstwhile heads of state (who had been charged with substantive offences) to appear before him but was willing to put commoners in jail just for cheering during proceedings; that was very difficult for me to fathom. I continued to ruminate this, wondering what our judicial system had come to; little did I know that good news was on the way.

I saw the first sign of good things to come when our President, General Olusegun Obasanjo appeared before the panel and answered the charges against him with respect to the burning of the Kalakuta republic. Even though the President was a little bit testy during "cross examination", the fact that he respected the commission and showed up, is a positive proof that he is slowly but surely making the requisite transition from a military frame of mind (where there is no accountability) to a civilian frame of mind where no one is above the law. I have always been critical of him and his administration for cogent reasons, but this time around, I have very good reason to wholeheartedly commend General Obasanjo. He set a leadership example that others must follow. He has also openly called on Babangida and others to "go to Oputa panel" so he has done his part.

Infact, General Obasanjo has scored some good points lately; he recently sent a bill to the House of Representatives seeking to bar ex-military heads of state from receiving pensions and other benefits. Our lawmakers must ensure that the bill passes because it is another way to chip away at the gains of forcibly taking over power in Nigeria. Very soon, it would no longer be attractive to stage coup d'etats. Currently though, we seem to be rewarding dictators in all kinds of ways with pensions and gratuities and this should not be happening!

My only beef with Obasanjo's bill is that he seems to have loaded it with all kinds of perks and pay increases for civilian leaders. He should be aware that several Nigerians are suffering under the weight of economic stagnation and poverty; they should be attended to first. Before he seeks to give himself and his administration pay increases, he should first ensure that the poverty alleviation programs are working, he should ensure that inflation in Nigeria is on a downward trend, infact, he still has a lot to do in Nigeria before deserving a pay increase.

Justice Oputa must be commended for this unbridled and uncommon display of courage in the service of the nation; he made his decision without regard to "present" dangers and probable legal wranglings that will follow. I should however remind the eminent Jurist that his job is not finished; he must now brace himself for enforcement of the jail terms should these men continue to question his authority by refusing to appear before him. He must be steadfast in his resolve to give the justice system in Nigeria a rejuvenated sense of independence. He is charting a new and important course in the annals of Nigerian history; a course that signals the beginning of freedom of the judiciary from the unsavory stranglehold of dictators and people of their ilk. He has finally demonstrated that dictators are human and must live by the rules. Justice Chukwudifu Oputa whose first name means "God is with us" has literally given a breath of fresh air to all Nigerians of goodwill and to the erudite I say: Well done my lord!

Meanwhile, Ibrahim Badamosi Babangida is advancing more flimsy excuses why he should not appear before the panel; this time he says that he would not appear because "the case for which he was summoned requires judicial conclusion. Fellow Nigerians, am I missing something here? For someone who trampled on the rights of everyone in his wake when he was the head of state; for someone who never respected the rule of law in dealing with Nigerians; for someone who even suspended the constitution and ruled by decrees, is it not hypocritical for him to want to hide under the guise of respecting the judicial system to escape the day of reckoning?

For someone who instilled fear in the masses all over the country during his reign, is it not amazing that he fears for his own life at this time? Babangida said, "I will appear in a court of law to answer any criminal charges against me" Can anyone imagine all those people that were persecuted and even jailed during Babangida's reign telling him at the time that they wanted to appear before a court of law to answer the charges against them? We all know what would have happened; he would have scoffed at them. We must therefore scoff at him collectively for wanting to seek judicial protection when he never gave Nigerians that benefit when he was the helmsman.

Even though this ruling may just have been a token victory for Nigerians (because we do not know if the jail term would or could actually be enforced), we know that those clamoring to get Babangida on the ballot for 2003 now have a problem in their hands. If they do not distance themselves from him, their own political ambitions will be in jeopardy; WE the people will lump them all together as one and the same. We should not be willing to look away when former rulers refuse the call by a duly constituted judicial commission to come and give account of their stewardship. We also cannot vote for people who seem to have something to hide

I will sign off by citing an old Philippine saying, "those who sow the wind, shall reap the typhoon"

LONG LIVE JUSTICE CHUKWUDIFU OPUTA

GOD BLESS NIGERIA