|
NigerianNews
Editorial
Democracy on trial
Editorial Opinions
|
Democracy on trial
NigerianNews
Editorial
Nigeria is a country blessed with a lot of educated people and she is
also a country of chameleon-like practitioners of democracy. Democracy
is a design quilted together to accommodate the interests of those
people who may be different from one another. In this sense democracy
protects the interest of both the poor and the rich, the pious and the
villain. However, in Nigeria the line is very thin between the pious
and the villain. In our country, there is a thin line between the
lovers of justice and the outlaws.
The above brings us to the current political confusion in Oyo State.
Up front, we believe the Oyo impeachment is a political and
constitutional issue that the cool headed should think twice before
they troop on the street today for the so-called rally for democracy.
Since the problems involved are both political as well as
constitutional, the question for the judiciary, the other branch of
government, to answer are two folds:
-
How many members constituted Oyo State Assembly on the day of
impeachment, was it 32 or 25? Many people may simply say it was 32
without any thought put into it. However, it is not that easy. This
must be looked into by a non-corrupt and non-lazy minded court of
competent jurisdiction.
-
Does the ouster clause in the constitution as contained in Article 188
section 10 of the 1999 constitution or the Article 170 section 10 of
the 1979 constitution more superior to the other articles in both
constitutions, especially as it concerns separation of powers amongst
our three branches of government both at the state and the Federal
levels? We at the NigerianNews
believe it is more superior in this regard.
Starting from the first point, there is no doubt that there is
superiority in number in a democracy. In a functioning democracy, good
governance begins at the polling booths. Since democracy protects both
the pious and the crooked, it is obvious that a crooked person can get
elected from a constituency where people of like minds as the crooked
candidate are in majority. By saying this, we are by no means saying
that the people who elected the 18 Adedibu Assembly men are crooks.
What we are saying is that, even if they are, democracy and the
constitution guarantee their rights to their pursuit of happiness even
in their choice of who represents them.
In a Nigeria where there is only a thin line between both crooked and
the clean, we must be cautious in analyzing both points above.
The question raised in our point number one is not straight forward
like some people would want us to believe. If you start with an
assembly with a total membership of 32, what happens if 7 of them are
suspended, taking advantage of an obvious loophole in a constitution?
Would you then say it is bad to find a loophole as politicians
frequently do to forge ahead their schemes, as mischievous as we may
think the schemes are? What if we hate their schemes and nullify their
intentions in a way not based on law? What happens if those 7 members
were not suspended, but God forbids, they perish in an accident? If
then the constitution mandates an immediate action that requires two
third majority, do you then wait until you have new elections with the
attendant Nigerian aftermath of years of litigations before winners
are decided? If our answer is that we must act based on the 25 members
available, must we then have a rider in our constitution that this
must not be done if 18 of the 25 surviving legislators are crooks? If
this rider succeeds, should we not extend this same courtesy of our
new position to the people of Ibarapa East Local Government, where
Ladoja participated in playing nefarious role in outright violation of
court order? Remember, in Nigeria, being a crook is a point function,
not a continuous function of time. A crook today may be found next
week playing the role of a honest man! Welcome to Nigeria!!
Do you then wonder why our so-called Civil Society would go on rally
for Ladoja, the guy who flouted the rule of law in Ibarapa, but failed
to rally for those poor people in Ibarapa? One former military
President is reputed as saying that every Nigerian has a price at
which they can be bought. Is this the case here?
We at the NigerianNews
do not believe in this mass rally for democracy reason, the same
reason the civil society wants to use to paralyze Oyo state. Loophole
will always be used wherever there is room for it in a democracy. It
does not matter whether the people using the loophole are crooked or
good people, all that matters in a democracy is that the loophole is
legal. It is our submission that since this case has not been
litigated, there is no way we can determine its legality here at the
NigerianNews.
We know in Nigeria, we are always told that the President in Abuja is
always at the root of all problems. However, we submit further that
this case has to be adjudicate by unbiased and un-bought judge in the
interest of Nigeria. The 18 Adedibu legislators have constituents who
elected them, what is important is not what a Professor think in
Maiduguri or elsewhere in Nigeria, what is important is whether this
people are representing the interest of their constituents. Even those
constituents who play "Amala" politics deserve a representation of
their choice. The civil society who are aggrieved will be relevant
only during the next election. If they think the 18 legislators are
crooks, those who live in their constituencies have constitutional
right to make sure they do not return to the House next time. The
Civil Society has the right to put their lives online to make sure
crooks do NOT rig elections.
The second point above is about the ouster clause in two successive
Nigerian constitutions. Whereas we have advocated the litigation of
the first point in a court of competent jurisdiction, we do believe
the ouster clause protects and insulates the legislators both state
and Federal, from interference by the courts which are often corrupt
in Nigeria. The ouster clause has in mind, the paralysis of a
legislative body by corrupt judges. In advance democracy, a honest
judge remembers this ouster clause, and therefore knows when to say "I
do not have jurisdiction" without having to concoct a way of feeling
relevant for few days before telling us that they are bound by the
ouster clause which prevents them from interfering in the business of
another branch of government. The answer to whether they have
jurisdiction is addressed in Article 188 section 10 of the 1999
constitution, and anything done to abridge this section will only
paralyze the smooth running of the legislative branches of government
in Nigeria. Nigeria is a litigious society. If this section of the
constitution is not upheld by the law of competent jurisdiction, even
the customary or the Sharia Court will grant temporary injunctions to
paralyze an evolving institution with a few Ghana-must-go bags full of
Naira bribes. We all know that the Al Mustafa and Bamayi cases are
still in court 6 years later, and we all know why. The court which
acts without jurisdiction is as bad as the rabble rousers in
Civil society garb all trying to seek relevance before extinction.
Before extinction, their lazy minds could make it impossible for any
legislative body in Nigeria to breath without frivolous lawsuits
staring them in the face.
The contradiction inherent in our people people attitudes is
legendary! The people now spotting for action in Oyo State murmured
but did not call for strike in Bayelsa. Is
Alamieyeseigha less of a person than Ladoja? Was the
method used in Bayelsa not the same as in Oyo? We at the
NigerianNews,
by the way, supported the ouster of
Alamieyeseigha and also believe that what goes around
comes around, and so, Ladoja deserves what comes to him, and it seems
to us legal this time. We are sure this is how the Ibarapa people feel
now that they know that the so-called civil society is phony. Since
impeachment is political, we also believe Ladoja's removal is a fait
accompli. It satisfies the intents of the constitution. Even if the
friends of Ladoja win, 18 legislators will effectively run the
Assembly where simple majority vote is called for, and it seems to us
there is no saving grace for Ladoja.
We also know that most Nigerian politicians are crooks. Some are
honest in their crookedness and some are just simply dishonest in
their crookedness. We hereby congratulate Adedibu in honestly and
openly admitting his crooked intention of sharing the loots
embedded in the security vote with the man who he put in office for
that purpose. It is our position that both Adedibu and Ladoja knew
where they were heading when they agreed to work together, Adedibu
confirmed it in the interview he granted The Sun newspaper, and Ladoja
and the rest are mum about this "let us chop this government money"
thing.
It is on record that Chief Gani Fawehinmi asked relevant questions of
Ladoja on any financial impropriety he might be involved in before he
could represent him, and Mr. Ladoja failed to answer those questions.
Some of the crooks who were in PDP are now reconstituting themselves
under a new name because the umbrella is no longer big enough for
their rapacious appetite, and our so-called Civil Society loves it. No
question asked of these peoples' 6 years in PDP. Were they the
positive conscience of the PDP then or the "Apaniyans" some think they
are? This were the reported words of Bola Ige, according to Rep. Sola
Adeyeye, and according to Adeyeye, "Apaniyans" (Murderers) does not
refer to the President who was going to be the intended victim. Who
are these "Apaniyans" ? When Prof Soyinka announced at the Liberty
Stadium the presence of the "Apaniyans" at the gathering during his
Bola Ige oration, we thought he knew something and it was a matter of
time before he revealed what he knew. That was then and the
"Apaniyans" are as free as ever doing their thing today. One thing we
know about the death of Bola Ige was the activities of Iyiola Omisore
before Bola Ige's murder. He was reportedly taking instructions from
the Vice President's wing of Aso Rock. While we are not accusing the
Vice President of being complicit in Ige's murder, nobody knows Bola
Ige's murderer many years later, why is this willy nilly acceptance of
this new re-incarnation of the PDP without questioning? And when the
other day, our learned Professor Soyinka ask the President to GO,
right now, has he really thought very hard about the president's
replacement if he goes "right now" as he said or it does not matter?
Prof Soyinka, the new Nigerian system is not a system by "Vote of
Confidence" A president leaves only either through impeachment and God
forbids if he dies in office, leaves voluntarily or his term expires.
Prof. Soyinka, what happens in Bayelsa and Oyo states have not been
tested in the court of competent jurisprudence, and we at the
NigerianNews
wish the first point above is tested very soon, we yearn for the well
reasoned outcome of such test. Here at the
NigerianNews,
for the reasons we stated above we are fascinated by the points and
counter points about what constitutes two third of an Assembly
membership. We do not wish this matter is resolved either by rhetoric
or after accident has claimed a number of these legislators in which
case we have real constitutional crisis.
On the jurisdiction of the court on impeachment by a competent
legislative body, we say here, and for the good of our country, that
no competent court has jurisdiction. This is clear from the ouster
clause in Article 188 Section 10. Any court that rules otherwise would
simply be digging a pit to accommodate the demise of our beloved
nation as it sinks deeper into the abyss of unconstitutionality. Our
leadership needs some lessons in democratic temperance. The NLC has a
role of defending this country and the constitution, but it must be
done with deliberate selflessness. The civil society has
responsibility to make sure each elected official represents his
or her constituency as they are constituted. It is not the duty of the
Civil Society to deny a thief a representation as long as this thief
pays taxes as required of a good citizen. It is however the duty of a
civil society to teach good morals, this means the civil society must
also must be moral. A good example of consistent moral is Chief Gani
Fawehinmi. You may not always agree with this chief all the time, but
he is an embodiment of consistency. We wish Nigeria can be big enough
to consider this man's presidential aspiration favorably. This chief
abhors corruption in any form either from friends or foes. There may
be times like in the presidential library corruption insinuation for
which we disagree with him, however one thing is sure, this man is
consistent and incorruptible.
In Nigeria, democracy is on trial, and it must be set free not by
rhetoric but by clear, unbiased and incorruptible thinking. If on the
other hand we feel democracy is too cumbersome for us to practice, let
us return to nature and live the way our forbears used to live.
 |
"We
also know that most Nigerian politicians are crooks. Some are honest
in their crookedness and some are just simply dishonest in their
crookedness.
In Nigeria, democracy is on trial, and it must be set free not by
rhetoric but by clear, unbiased and incorruptible thinking. If on
the other hand we feel democracy is too cumbersome for us to
practice, let us return to nature and live the way our forbears used
to live."
|
