allAfrica.com: Nigeria: Man of the Year - the Supreme Court is Vanguard Man of the Year (Page 1 of 2)

ONE of the benefits Nigerians expected to gain from the civilian government which was embraced enthusiastically in 1999 was restoration of the rule of law which the military trampled on when they invited themselves to power.

Besides the damage the soldiers inflicted on the economy and their supervision of the collapse of infrastructure, one area Nigerians felt the grip of the military government most was access to justice.

Not that the courts were not in place physically to receive case files, such writs in most cases did not go beyond the high courts because there were one or more decrees stopping them from getting justice. Except in very rare cases, writs by individuals against military authorities were dismissed either because of one decree or the military legislation barred the judges from questioning the decisions of military authorities.

So, complaints of the citizens usually hit a brick wall immediately a decree was waived in front of a judge. So overbearing were the decrees that one State High Court chief judge, in an amazing admission of judicial impotence, declared former military president Ibrahim Babangida as "Kabiyesi" against whom no suit could be sustained.

The judge's declaration was a classic example of how the courts were not accessible to the ordinary Nigerian. While their rule lasted, the soldiers ruled with force and everything was destroyed forcefully. The casualty was the rule of law, transparency and the collapse of vital institutions of governance. This reign of terror lasted till 1999 when the civilians came to power. With the restoration of democracy came hope that if the economy did not pick up immediately, at least the people could have access to the court to challenge policies of government.

The essence being that they could enforce their rights. The first term of the civilian government gave way to the second. If Nigerians were prepared to give their new leaders time to adjust to their new role as civilian leaders, they were increasingly exasperated by their inability to enforce rights in court. Obedience to court orders were observed more in breach; instead of hearing issues that enhance the rule of law, familiar words like disobedience of court orders, arbitrary arrest and detention, illegal arrest of the high and low by government's agents started hitting the headlines.

In short, impunity became the order of the day - all reminiscent of the dark days of the military. The acts of impunity almost became a daily occurrence in government, political parties and even in civil relations. The theatre for most acts of impunity in the political arena was in the ruling Peoples Democratic Party (PDP). Politicians were selected, not elected as positions were filled whimsically depending on the mood of the party hierarchy; names were substituted 24 hours to election. Arbitrariness reigned supreme. The aggrieved, in most cases, could not challenge the injustice meted out to them.

Outside the party, a battle royale ensued between the president and his vice and since both men had a formidable war chest to go for each other's jugular, they succeeded in heating up the polity so much so that whispers of soldiers staging a come back became an uncomfortable gossip. While Nigerians were being treated to salacious revelations of alleged abuse of power in high places, governors who had offended the 'gods' in power became the target of sting operations aimed at bringing them to "justice." Although most of the governors so treated were accused of pinching their state treasuries.

Flagrant lawlessness

With fiat from Aso Rock, such governors were snatched from their states and driven to Abuja. Most of these seizures were carried out against court orders. The first victims of this flagrant lawlessness were the former governors of Bayelsa and Plateau states. The governors were later impeached by sometimes laughable number of legislators. For instance, former governor of Plateau State, Chief Joshua Dariye, was impeached by six legislators in a House of Assembly that had 24 members. This hopelessness persisted until the judiciary intervened boldly.

The Judiciary responded when court registries all over the country were filled with suits filed by aggrieved politician seeking redress for the injustices meted out to them. Some lost at the court of first instance, in this case, the state high court. But because of either lack of means to push their claim to the appellate courts or persecution, they dropped their quest.

Admittedly, initial signals from the courts concerning suits challenging cases of executive arbitrariness were depressing especially at the tribunal but those who persisted to the Supreme Court realised the court could bite. One of the early beneficiaries of the judicial fight back to ensure the supremacy of the Rule of Law was Governor Peter Obi whom the court declared was the rightful winner of the 2003 gubernatorial election in Anambra State. The ruling of the Election Tribunal was in furtherance of the Supreme Court pronouncement in Governor of Lagos State vs Ojukwu (1986) 1 NWLR Pt. 18621 at 836 where it held that the ANigerian Constitution is founded on the Rule of Law, the primary meaning of which is that everything must be done according to law.

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