It is very easy to hang the supporters of Peter Obi, candidate of the Labour Party, out to dry over the inflammatory anti-Judiciary rhetoric gripping Nigeria and the Diaspora since the presidential poll of February 25, was won and lost. Aside being the most truculent in selling their candidate pre-poll, and the most trenchant, in criticizing the integrity of the process and the outcome of the election, most of the post-poll fallout, considered inimical to national cohesion and security, are either directly traceable to them, or fairly/unfairly attributable to them on the basis of circumstantial evidence or outright suspicion and mischief. They are now like the proverbial tortoise which is always at the centre of everything untoward (oro gbogbo ki se lori alabahun). A major political blunder the support base of the Labour candidate who was the choice pick for Southern and North-Central youth in the election, has committed since the poll, was ethnicizing his candidature like Yoruba supporters of M.K.O Abiola did in the course of the struggle to actualize his June 12 mandate. I’m not saying Obi has a mandate to actualise yet, but now, practically all his vocal, both voluble and unintelligible public defenders, who also attack, are his Igbo own, meaning his camp must have alienated a lot of his hitherto loud non-Igbo backers, in the pursuit of its electoral grievances. Historically, such lack of inclusivity has never worked immediate political benefit to ethnic groupings that had walked similar path. That should be a memento to the current agitators.
Yes, the rest of Nigeria conceded the 1999 presidential field to the Yoruba race because of the injustice of the 1993 annulment but Abiola, whose mandate was inadvertently reduced to Yoruba struggle through poor tactics, wasn’t the beneficiary of the redress. Talk of using someone’s head to break coconut. Infact, Olusegun Obasanjo, the direct beneficiary of the Abiola struggle, completely and deliberately, shunned the memory of the martyr that cleared the path for his second presidential stint. The story could have ended differently for MKO if the rest of the country that made his unprecedented victory possible in the first place, had been united behind his mandate-validation struggle through deliberate national networking and not wrongheaded weaponization of the national mandate against other ethnic groups and shaming those with opposing views on how the struggle, should be conducted.
The Obidient Movement too, which was almost magically national in the build-up to the election (even a hot button in core North) has now been reduced to Ibobidient (mainly Igbo gathering) Movement, riling the rest of the country, in the course of defending its own and the election he was seen to have won. History, that popular axiom says, doesn’t repeat itself. But those who do not learn from history, are doomed, to repeat it. Except his supporters have resolved to make him, the sacrificial lamb for the Igbo race, like MKO, was for Yoruba, it is time for different approach, without letting up steam on their passion for equity, justice and fair play.
History can be funny. 30 years back, Yoruba race, was exactly where Igbo race, is today, battling for what the South Easterners believe is theirs, being held by a Yoruba man; President Tinubu. The fight has become so polarizing that the Judiciary, called in to adjudicate, has become a defendant in the tug of war. The Court of Appeal Justices who are currently putting their rulings together on Obi’s case against Tinubu as well as Atiku’s, aren’t completely unfazed by their names being daily linked to one ugly report or the other, not to talk of the likelihood of being in constant mention in churches, shrines and nocturnal political meetings. What about their names being called in the dead of night at beaches by dread-wearing prophets, in covens, by witches and wizards, in esoteric mumbling as well as dibias with one eye, painted with white chalk, calling on gods of the land.
With the Judiciary expected to be united against its attackers, there is a suspicion that agents of the state and supporters of the President, with or without his approval, are also likely promoting the anti-Judiciary narrative to further widen whatever gulf that might be existing. Those promoting this theory are pointing to the fact that uncharacteristically, arrests haven’t been made since the inflamed narrative of collusion to abort justice, began spreading, despite the social media being soaked with enough materials, to question persons of interest. The erection of “All eyes on the Judiciary” in Abuja the seat of power, which couldn’t have been, without authorization, is further feeding into this theory of a sizeable chunk of the anti-Judiciary moves, being state-sponsored propaganda, to benefit the President.
Historically, the President should feel safe, judicially. But there are concerns too that he could make another history as the first incumbent, to have his election successfully challenged. So, his supporters have a motive, to unite the Judiciary against those already known to be throwing bricks at the system, though there is yet an unbaised investigation to prove that Obi’s supporters are just the fall guy, or going after everyone, is their chosen approach to political battles.
Well, struggle is always required to shake up and reshape the course of history, but not by harassing and shaming, necessary allies in the history-altering expedition. No doubt, the assumption that history will repeat itself in the adjudication of the presidential election dispute, is what is fueling targeting the jurists on the case and by extension, the Supreme Court that would determine the appeal. But, who says there can’t be a new moment in history, if the justices are allowed to do their jobs without the fear that cyber-bulling and stalking, may graduate to physical attacks? Who says putting the judicial officers under a climate of fear, intimidation and harassment, would change their considered opinions?
It is gratifying that the leadership of the Judiciary isn’t reactive in the face of hovering threat. Sound decisions, which can’t be mentioned for now, have been taken, to allay all fears, including those of parties. Credits must go to the Chief Justice of Nigeria, Justice Kayode Ariwoola, President of the Court of Appeal, Justice Monica Dongban-Mensem, Secretary of the National Judicial Council, Gambo Ahmed Saleh and the Chief Registrar of the Court of Appeal, Umar Bangari, for expedited actions, to protect the jurists on this potentially grave assignment.
The new anti-Judiciary mantra “All eyes on the Judiciary” has also thrown up fresh debate about free speech as provided for, in section 39 of the Nigerian Constitution which says: (1) every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”
Section 45 of the same Constitution however provides that: (1) nothing in sections 37, 38, 39, 40 and 41 of this Constitution, shall invalidate any law that is reasonably justified in a democratic society ; (a) in the interest of defense, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom of other persons”.
One of such laws apparently covered by the said Section 45 is the Cybercrime Act of 2015. Its Section 24(1) reads: A person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be sent, or he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent, commits an offence under this Act and is liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term not more than 3 years or both.”
Are the campaigners of “All eyes on the Judiciary” guilty of any offence? Is Gibbers, guilty by adoption too?
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