OVER the years, following the way in which they have been able to manipulate the system to their advantage, Nigeria’s political and economic elite have maintained a disdainful relationship with the rule of law. Although the country’s law books provide that every Nigerian shall be treated fairly irrespective of age, social background, religion or ethnic group, the vast majority of Nigerians are well aware of the limited options available to them at the temple of justice on account of their economic conditions and social status. Recently, the Federal Government, in an incident that once again raised the issue of elitism and the rule of law, vowed to sanction oil and gas companies that failed to comply with the human capacity development provisions contained in the Nigerian Oil and Gas Industry Content Development Act (NOGICD) 2010.
Delivering a keynote address at the second edition of the virtual stakeholders’ workshop on human capacity development in the Nigerian oil and gas industry, the Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Simbi Wabote, warned that the board would enforce periodic forensic audits for HCD programmes and that companies found violating the NOGICD Act and the ministerial regulations in executing cost-intensive capacity development initiatives as mandated by the Act would be sanctioned. Apparently, some big players in the industry, enabled by the lack of consequences for violations and violators of extant rules, had not bothered to obey the statute books.
In another development, experts working with Nextier, a leading policy think-tank, recently posited that the intense power struggle among the Nigerian elite ahead of the 2023 general election had the potential to accentuate conflict trends, particularly given the security agencies’ poor response to emergencies and distress calls. According to the experts, elite desperation had fostered widespread apprehension that violent cases, including assassinations, might escalate. As a matter of fact, the events leading to the election of candidates for various political positions have shown apparent disdain not just for the rule of law but for the Nigerian society itself. Party nomination forms were made the exclusive preserve of the rich through prohibitively expensive nomination forms, while the so-called primaries organised by the major political parties were nothing but a bazaar. It is clear that, like previous elections, the 2023 general election will be about the elite and the preservation of their interests.
One sore indication of elite lawlessness in the country is the manner in which most cases involving them drag on endlessly. With the power and privileges at their disposal, Nigeria’s “big men” and women, as they have come to be known, tend to hide under the technicalities of the law to delay cases at will. They do all they can to subvert justice by frustrating prosecution. There have been cases where they arbitrarily jumped bail, and the fact is well established that they habitually feign illnesses and disregard court orders, taking advantage of the moral laxity in the judiciary to paint a picture of a country where the high and mighty can do no wrong. Worse still, the government which is supposed to clip their wings through strict enforcement of the laws of the land is tarred by the same brush of lawlessness. For instance, the Muhammadu Buhari administration, which came into office in 2015 promising to change the deplorable state of affairs in the country, has acquired a reputation for disregarding court orders, showing contempt for the judiciary and the rule of law. The government is also quite tolerant of corruption, as the recent clemency granted Reverend Jolly Nyame and Senator Joshua Dariye, two former governors serving time following their conviction on charges of massive corruption, illustrates very nicely.
The popular maxim is that “we are all equal before the law”, but the Nigerian elite do not believe in the rule of law. Or rather, they believe in the rule of law only to the extent that it preserves their privileges. For good measure, members of the elite tend to rally round one another whenever they are in crisis. They look for what has become known as “soft landing” for one another. Their politics is anarchic, unpredictable and violent, leaving absolutely no room for the advancement of democratic tenets. They take the law into their own hands very easily and hunt down naysayers with ferocity. It was the Nigerian elite who, in their anarchic struggle for power, created the so-called unknown gunmen who have made life a nightmare for people in the South-East. It is instructive that many of the elite have been consumed by the monsters they created, getting their tragic comeuppance at the most unexpected moments. In case they have missed the point, therefore, it is in their own enlightened self-interest to take note of developments in the country and their consequences, and promote the rule of law as a hedge. They cannot survive for too long without a hedge, and that hedge is the rule of law.
If the people know that the law applies evenly to everyone, then they will not feel threatened. They will willingly obey the law.
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and then