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Home » Before Judiciary is unbundled (1)
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Before Judiciary is unbundled (1)

Our Reporter
May 16, 2021
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Tinubu days Emefiele WAEC November Tribunal CJN Oyebanji Ibro, ex-Kogi gov
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On May 13, 1940, in his first speech as British Prime Minister, Winston Leonard Spencer Churchill told the Parliament, “I have nothing to offer but blood, toil, tears and sweat.” Whoever is putting that much on the table in the service of his people is practically giving his life. Little wonder, the war-time leader became an all-time hero. He offered something.

Nigeria is warring against itself and leaders have blood, toil, tears and sweat to offer the people, not as self-sacrifice but literally using Nigerians for sacrifice to gods of their shrines, demons of their unbridled greed and power principalities. Who sheds so much blood, and remains normal when God says He would demand spilled blood. Only an uncommon Mercy can avail.

Anytime Nigeria is failing, like it is now, there is always a battle-cry to rally. Those who stand against them become automatic enemies of the people. June 12 casualties abound. Third Term proponents still carry about gangrenous wounds. Abacha supporters, including those who have scrambled back to political authority and relevance, still bear the shameful emblem. At a point, being labelled a Jonathanian (an el-Rufai’s coinage), attracted immediate odium, though not anymore. Immediately after Buhari’s victory in 2015, being PDP was leprous. Again, not anymore. Now, you are likely to be confronted with shege, if you enter Wuse market, shouting Sai Baba. The Pantami pantomime which appears to have cooled will haunt and hurt the terror supporters in years to come. Quote me.

After being forced to offer so much blood, toil, sweat and tears, desperate Nigerians, obviously in the majority, are seeking an exit route from the daily pains and hoping the restructuring silage would be a kind of mojo, pulling the country out of the horrible pit, it has been driven by leadership cluelessness, crass nepotism and above all, I believe, by the Hand of God, to teach the entire populace useful lessons; maybe to be content with what they have a times and stop making gods out of mere mortals with questionable pedigree.

With the supersonic speed restructuring is gathering apostles daily, including in the conclaves of hitherto Pharisees and Sadducees, soon, antagonists of the gbogbonise (all-purpose), even when their arguments against some of its disciples, are founded, would tank.

Beyond the headlines, Senate President, Ahmed Lawan would have a point asking the governors to first drag out the logs in their eyes, before poking Buhari’s eyes over particle. In fairness to the president, as dictatorial and unconstitutional he has chosen to be, he has freed more governance space than the governors, who haven’t stopped planning to be the 36 kiniun (lions) of our democracy. Yes, the president has appropriated the National Assembly where men like deputy Senate President, Ovie Omo-Agege, the mace-snatcher, kneels down in native regalia to greet the president, like a dibia. Under him, Judiciary hardly breathes and if his ways should be the only indicator, the justice sector should headline the restructuring gospel, starting, with yanking the appointing power for Chief Justice and other federal judges, away from Aso Rock.

But bringing the governors into the narrative would be a classical case of asking the gnome to kill the one who cooked an atrocious soup, while sparing the cook who made no attempt. In the matter of subjugating other arms of government, governors have been truly criminal. An enraged rights lawyer has suggested the prosecution of at least a former governor for unconstitutional relational with state judiciary, when JUSUN began its strike action which is gradually crawling into the second month.

Save for profiteers, there is a national consensus that legislature and judiciary be freed from the death-grip of the executive. Unlike many governors, Buhari has been faithful to due delivery of the paltry N110 billion annual judiciary allocation. Many Chief Judges have torrid tales of governors’ handling of state judiciary allocations. The saving grace is that the National Judicial Council (NJC), which pays judicial officers’ salaries, has been like Fidelity Bank, keeping their promise, of prompt payment of judges, before litigant-politicians, will keep them on permanent payroll until retirement and tap them for election petition purposes, while in retirement.

No, this isn’t saying judges have stopped being corrupt because NJC pays them regularly, but the scenario would be better imagined if governors who have become experts at afusa (pejorative for half-salary) payment of salaries, are now mandated in the name of restructuring and true federalism, to take over the council’s current constitutional responsibility. If governors are annihilating their judicial divisions over allowances and running cost, which do not directly affect judges, though hampering their delivery, imagine if the means of livelihood of the robed men and women, is now directly quartered at government houses.

If nothing would wave a red flag, the plight of Cross River magistrates in the hand of the eccentric professor-governor, should halt the tactical error about to be made in the name of operating in the realm of true federalism.

Yes, the nation is united against unitarianism. No Abuja Big Brother, should be harassing state actors. Sure, states should have a say in who serves them and at a later date, nothing stops states’ supreme courts and courts of appeal, from coming into the mix, when proper structure is in place to remove an erring governor with less constitutional roadblocks. A certain number of signatories to impeachment article among the voting populace should ordinarily replace the provision asking CJs to constitute some nebulous jury.

As the Senate buses around the country, collating opinions on restructuring and needful constitution reform, sense of urgency should not replace reasonableness. As of today, the huge workload on Supreme Court first needs to go through a constitution amendment that will stop appeal to the apex court being automatic. Election petition troubles should also be taken off its neck to allow time for speedy resolution of cases with direct bearing on the civil populace, foreign investment and constitutional issues with consequences for the country. Judiciary should be unbundled, not bungled.

 

To be continued.

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