Opinion
The Politicization Of Justice
Published
2 years agoon
By Hope O’Rukevbe Eghagha
If the title of my essay sounds scandalous it is because we live in frightening and scandalous times, with barriers blurred, lifted or abolished. Sadly, this disrespect for sound values permeates all segments of society. Taboos are, have become old hat, old school. Codes of social engagement regulating societal behaviour have been jettisoned. The judiciary has been both a beneficiary and victim of this disappearance of settled norms and conventions. That’s the reason we find some judges doing ‘show body’ on social media!
My thesis statement is that any society which politicizes its judicial system is on a free-fall into the chasm of perdition and total annihilation. It may take decades. But the consequences of politicizing the judicial system are dire. The full consequence may not be totally felt in our life time, though we are witnessing bits of it. The judiciary should not be a haven for small-minded persons and petty thieves who do not have a global view of their assignments and to whom the notion of the common good does not exist.
The original intention of justice was that it must be devoid of politics and politicking. For, justice was designed, conceived and expected to uphold the ideals of society, based on sound morals and ethics which would be above private or individual interests. Justice was designed for the common good and the ultimate triumph of good over evil, with the judges standing in place of God to adjudicate on matters between persons and between citizens and the state. The blind lady whose scales remained balanced saw justice from one prism- the law is the law, no matter whose ox is gored. Judges were expected to be above board. The rule of law became synonymous with, became fundamental to building an egalitarian society, which invariably was guaranteed by democratic culture and practice. To ensure the independence of the judiciary, the three arms of government were separated under the law. In the early years, the separation was both in theory and practice. These days, it is merely theoretical. The art of politics and politicking has nibbled deeply into the realms of the judiciary.
Politics and politicking accommodated negotiations and sometimes outright distortions of the true picture. The saying among politicians that ‘with the proper arrangements, the devil can see God’, underlies, shapes and determines their approach to the ideals and practice of justice. White could become black and 2+2 could be 4 or 5 or 6! A crowd or gang of people with this mindset cannot uphold the principles of fairness, equity, and justice. Justice, ‘the principle or ideal of just dealing or right action, righteousness,’ often conflicted with politics, which is ‘the activities associated with the governance of a country or area, especially on how to acquire power’. It is for the reason of this eternal and perpetual conflict, that a wall was created by the Constitution to guide the people who are entrusted with holding the reins of power in the different realms of governance. But it is important to state that we need men of character to head these institutions else the strong men in the executive arm of government would inevitably twist their way into the power realms of the judiciary. It has come to be that while men of character remained in the judiciary, men with little or no character talked their way into the executive arm of government. Because they were placed in a position to appoint persons into the judicial arm of government, it was only a question of time that the quality and character of men in the judiciary would be compromised.
Nowhere has this conflict of interest been palpably felt more than in the United States of America. In the broadest sense of politics, all jurisdictions have been influenced willy-nilly by political considerations. Personal views now influence how verdicts are given. The law is no longer the law. At least, that is how we neophytes in the matters of the law see it. A judge who is pro-environment would be expected to knock down any legislation that could affect the weather. A judge who is pro-life will always stand for the rights of women to abortion.
The last one hundred years have tested the tenacity of the institutions which are constitutionally mandated to protect the ideals of justice. In the free world, the claim had always been that the rules of engagement have been established, settled, defined and accepted. But we are not sure anymore. In the Third World countries, the 20th century which gave African countries independence from colonial overlords, also produced military adventurers who showed little patience with the supposed niceties of democracy. They intervened violently, sacked democratically elected governments, suspended the legislature, abridged the power of the judiciary and proclaimed the absolute power of the executive arm of government. That proclamation and tradition have remained etched in the mindset of most African rulers.
In Nigeria, the executive branch feels and acts like a senior partner among the three branches. This is because the executive branch is the treasurer of the nation. We also live in a fluid environment where the social vagaries make beggars of persons who are outside the corridors of power. Writing about this challenge in America, Andrew Breiner observed that ‘traditional ideas of law hold that judges and justices make decisions based on a dispassionate application of the law to the facts at hand, with no regard for the political ramifications of that decision’. He adds that while justices may see themselves as being neutral, we now see them ‘as politicians, as political actors who want to shape the world to match an ideology, and who use law as a tool to achieve that goal’. How does this new definition of justice serve the ends of justice?
Nigeria offers a deadly interpretation of this new approach to justice – being loyal to the party in power by foul or fair means. It is in the judgments given by judges in election matters that we find this distorted approach to the ends of justice. It seems judges tend to favour the ruling party at the expense of truth, fair play and honesty. This is what I have termed the ‘politicization of justice. To be sure, once justice is politicized, it is no longer justice. It is a travesty. It is the road to placing criminals on the seat of power. The word out there is that some judges accept bribes in order to pervert justice. Perhaps this is not entirely true. But the last missive from the Supreme Court in which the apex court tried to defend itself before the public spoke volumes. These judges must ensure that justice is done, and be seen to be done. Politicians who are buying the judiciary are also digging the grave of the system they are expected to nurture. If in the end the system collapses, there will be no society for both the politician and judicial officers.
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Mental Health, Accusations Of Witchcraft And Demonic Possession In Nigeria
By Leo Igwe
The Advocacy for Alleged Witches (AfAW) is concerned over the reported arrest of two men accused of being ‘witchdoctors’ in Zambia. The arrest underscores the potency of witchcraft fears and the connection between occult anxieties and the country’s politics. These individuals were accused of trying to bewitch the Zambian president, Hakainde Hichilema. The police claimed that they had charms. They planned to use the charms to harm the president. The report says the two persons have been charged under Zambia’s Witchcraft Act. The Act criminalizes “possession of charms”, “professing knowledge of witchcraft”, and “cruelty to wild animals”. The police found the two with assorted charms, including a live chameleon.
This development is utterly embarrassing and shows that the Zambian government is slowly losing its focus and bearing.The country has many socio-economic challenges. Suspicion of bewitchment or possession of charms should be the least of its worries at this time. There should be no place for witchcraft and possession of charms in modern politics because there is no evidence for these beliefs and practices. Zambian authorities should not weaponize the Witchcraft Act or use it to justify this incident. Zambian law does not recognize witchcraft. Zambia’s Witchcraft Act criminalizes naming or imputing witchcraft. It prohibits accusing or threatening to accuse any person of being a witch or a wizard. In this case, it is the police who are breaking the law.
Otherwise, how did they know the two individuals were ‘witchdoctors’? Did these persons identify as witch doctors? If not, the police are liable because they named and imputed witchcraft and have to prove that these individuals have witch-doctoring powers. The police claimed to have charged these individuals for possessing “assorted charms”, including a chameleon. Really?
The police in Zambia have questions to answer: What are charms? How did they know that what was in their possession were charms, not pets? Is a chameleon a form of charm? What makes possession of a chameleon possession of a charm? When and how does a chameleon become a charm? The police need to answer these questions and more before one takes them seriously.
Again, did the individuals describe what was in possession as ‘charms’? If they did, does confessing or designating something as a charm make it a charm? And if they did not, the police are liable because they need to prove how those possessions translated into charms.
In addition, the police claimed that the duo wanted to bewitch the president. What does that mean? How did they know? Are the police not contravening a provision under the Witchcraft Act by professing knowledge of witchcraft? Can one harm another person using a chameleon? They claimed that the two persons wanted to use the charms in their possession, including the chameleon to harm the president. How did they know that? What is the evidence for that?
The Advocacy for Alleged Witches calls for an end to this state-sponsored witch hunt. There is no evidence of harm through witchcraft or charms. The Zambian government should desist from witchcraft- related infractions and violations including arbitrary arrest, and detention of innocent citizens. These allegations are baseless and absurd. The arrest was politically motivated. This development demonstrates that Zambian authorities are out of sync with their duty and obligation to uphold the rule of law and protect accused persons.
Zambian authorities need to act in compliance with the 2021 UN resolution, which urged states to take measures to combat abuses linked to witchcraft beliefs and ritual attacks. End witchcraft allegations in Zambia. End witch hunts in Africa now!
Dr Igwe directs the Advocacy for Alleged Witches.
By Tony Afejuku
The other burning issue, apart from Farotimi and Babalola’s, which I wish to take a look at – and which I am taking a look at now – relates to what is happening in our capital territory. What is this burning issue – which our human rightists and civil society organisations and personages are surprisingly and un-satisfactorily not inclined to focus attention on and examine as they should? I may be wrong, but it surely seems to me that this issue, this burning issue, which is of more importance than Farotimi and Babalola’s – which has been given undue adulation – is deliberately being neglected and depreciated by proclaimers and heroes and heroines of human rights, justice, equity and equality of rights in your country my country our country. Why, why, why and why, why, why? Anyone who has any iota of patriotic sensibility, feeling and judgment well watered and buttressed by a very great influence upon his or her critical judgment will keep on asking the question I am asking.
Mr. Nyesom Wike, as almost everybody who can read and write a little knows, is the current minister of your, my and our Federal Capital Territory. His post or office is akin to that of a governor of a state. As the immediate past governor of Rivers State who was drafted, after his two terms there expired, to continue in the FCT as its new minister-governor or governor-minister under the auspices of a party he is not a true member of, Mr. Wike cannot but be seen as a lucky man. He is in every possible and impossible way. Minister-Governor Wike is a lucky man and a very fortunate one indeed. No former governor of Rivers State (or of any Nigerian state), as far as I know, has achieved what the famed political rouser of rabbles has achieved in one short gubernatorial life-time, and at a relatively young and fertile age. His dual achievement with and in two different political parties at this delicate point of Nigerian politics indicates to our politicians and us all that there is always time for a reminder that there are ready-made high rewards for arch-angels of betrayals. And Mr. Wike may go down in Rivers and Nigerian history as both an arch-angel and an emperor of betrayal of us all if we attempt to indicate what I have defined here as his dual achievement.
We can roughly divide, briefly, Wike’s political development into two periods. During the first, excluding his lower political positions before he became the governor of Rivers State, he quickly adapted his style to that of an emperor who became a rabble-rouser of rabble-rousers whose gubernatorial efficiency moved from stiffness to stiffness. He did not at any time feel that he needed suppleness to govern Rivers State. “Let the heavens fall if they must fall!” We are not there yet in this attempted analysis of the stiff-hearted and stiff-minded one. True? But he is already demonstrating this characteristic in Abuja. False? Judge and give the answer yourself.
Even after he left Rivers State a short while ago as governor, he is still trying to control happenings there to the political discomfiture of his hand-picked successor, his erstwhile “boy” and “son” – with whom he has fallen out. As the minister-governor or governor-minister of the FCT, Wike is occupied with the other taste of the emperor-juggernaut formulator – doing the work of two key political masters in one room and desk of political jugglery. Since his appearance in the FCT, minister-governor or governor-minister Wike has allegedly attempted to recover or transform for Abuja what is not traditionally or socially Abuja’s, for example, the city’s social idiom and landscape and terrain as well as its environs. In doing this he sometimes over-steps his bounds and mark of human/inhuman decency/indecency and psychological understanding of human nature, if you follow well what I am saying; he has so far become at best not really better than a typical pedestrian Nigerian lawyer and officer of political power: in his explorations so far in the Federal Capital Territory we have come to the realization, as T. S. Eliot would say, that “it is so often true that only by going too far can we find out how far we can go.” But one has to be a very negatively obstinate and self-serving emperor and a thorough-bred arch-angel of betrayal of the people and masses to justify such perilous and perfidious expeditions and adventures.
Last week, I saw on Arise Television “The Morning Show” Chief Rita Lori-Ogbebor, the dutiful widow of the late Nigerian supreme patriot and soldier, Colonel Ogbebor (of Benin stock) battling, so to say, to wrest the legacy of her late husband from the tight grip of the adventurous FCT minister-governor who has registered his name and signature in the hearts and consciousness of the people as the depriver of their possessions. The three anchors of “The Morning Show” were in their respective ways splendid in their structures of remarks and questions to Chief (Mrs.) Rita Lori-Ogbebor whom I have had occasions in times past to call patriotically Rita A-K 47 on account of her natural right to fire her beautiful tongue at any person, usually an enemy, of just actions. When she made the case she made to protect the estate of Paulosa Nigeria Limited, her late husband’s aforesaid legacy in the FCT, she was in her natural territory, habitat and element where even at age eighty-four, she never ever loses her stability – although she unusually restrained herself in the Arise Television appearance. Dr. Reuben Abati, Rufai Oseni, and Ayo Mairo-Ese clearly explored seriously but delightfully the mind of the mother-hen of Warri – my other coinage and appellation I gave her in my poetry. Her “The Morning Show” appearance enabled me to see the poignant cry de profundis of the FCT inhabitants whose property and residences in different guises have been demolished. She did not say anything that was out of joint. She spoke and came out as a mother, protector and symbol of the people who have suffered – and are suffering – from the state of affliction and anguish Wike’s demolitions have placed – and are placing – the people.
Ojy Okpe in her delicious and delectable “What is Trending” slot on the same show, showed without exaggeration but with further elaboration what people in and outside Abuja/FCT think of the mighty Wike’s demolitions, a burning issue that the Senate has asked “Let Heaven Fall” minister-governor Wike to halt as the committee the Senate set up on the issue starts its work. Of course, we cannot but assume that Chief Rita Lori-Ogbebor, Mrs. Natasha Akpoti-Uduaghan as well as Mrs. Ireti Kingigbe, the senator representing the FCT in the Senate and other patriotic senators diligently did what they did on the floor of the Senate when the burning issue was tabled for debate with the gracious understanding and authorization of the Senate President.
I need to state further that the “The Morning Show” anchors did well and extremely so by giving the minister-governor the opportunity to air his anti-Paulosa story. His senior special assistant on public communication and social media, Mr. Olalere Olayinka, stood in for him. After he gave the reasons for the clamp-down, his responses to the questions the anchors put to him followed the usual pattern of denials by artificial men in power – denials that they always use to intimidate and betray the people. In fact, Mr. Olayinka’s ploy to ride easily over our dear Rufai Oseni, a wholesome representative of the deprived, that the chap (or is it guy?) and his boss always employ their colloquial speeches and remarks to dishonor, failed. Yes, the ploy failed woefully. In stanza after stanza of the exchanges between Mr. Olayinka and the Arise anchors, he deteriorated – and his deterioration was hall-marked when he unwittingly revealed that the Paulosa land had been acquired by his minister-governor’s close cohort, an act that was nothing short of gross abuse of power and authority.
Because the Senate is already using its authority, power and privilege to resolve the burning issue, hopefully, in a way that the late Colonel Ogbebor’s legacy and family will not be subjected to any kind of degradation, I will utter no more words for now. I trust, however, that the liberties the Senate is taking – or has taken – are for the sake of order to favour the down-trodden.
As for the minister-governor, the PDP emperor at large, here is an immortal quote from Marcus Aurelius, the magnificent and authentic Roman Emperor and philosopher (A.D. 121-180): “If it is not right, do not do it; if it is not true, do not say it.” You lose nothing by giving us a slice of your humanity by your right acts and correct words. Everything changes and passes. Be humane as a human being.
Afejuku can be reached via 08055213059.
By Leo Igwe
Recently, I facilitated a critical thinking workshop at the Bay Wreath Schools in Lagos. The theme was critical thinking and teacher development. As the theme stated, the workshop was on teaching, about teaching, and for teachers. It highlighted the pedagogical value of critical and reflective inquiry. The workshop exposed teachers to critical mental habits and skills. It emphasized how critical thinking would enhance expertise in the learning and delivery of subjects in classrooms.
I used the opportunity to discuss questionstorm as a method of teaching and learning. Questionstorm is a way that I operationalized critical thinking for primary and elementary schools. Questionstorm is the ability to interrogate all objects and materials. It is a habit of questioning ideas and experiences in all areas of human endeavor. Simply put, questionstorm is a question-driven inquiry. Children are naturally curious. They thirst for knowledge and understanding. Unfortunately, the school system kills children’s curiosity and dampens their interrogative appetite. The school system places much emphasis on rote learning and memorization. It makes the generation of answers not questions or problems the test of knowledge, and the determinant of intelligence. Teaching is largely a drudgery, a monotonous exercise, and a process of depositing knowledge on passive recipients, the students. Teaching entails dumping information on learners whose duty is to cram and reproduce during tests or examinations.
This teaching praxis has been criticized and blamed for the poor performance of students post-school (college and university) and their inability to think independently, creatively, and innovatively. Other teaching methods have tried to address these gaps and limitations. There have been suggestions to make teaching and instruction more active, and more student/learner/child-centered. One such method is the Montessori method. The Montessori method discourages grades and tests as ways of measuring achievement or determining intelligence and excellence. It emphasizes hands-on learning and the development of real-world skills. While the Montessori method stresses the practical approach to learning it says very little about the authoritarian teacher-to-student approach that is the mainstay of teaching and learning in classrooms. Teaching follows a pattern that leaves students and learners in the margins and unable to question and contribute to the learning process. Teachers present what is to be learned such as a text, and then generate questions that students respond or address to demonstrate knowledge of what has been taught. The student’s or learner’s main job is to answer questions, to look for or find answers or solutions. The teacher’s work is to get students to look for, and provide answers, and reproduce what they have been taught or told. But students are answer-depots. Students are not memory banks or reserves. They are active minds and thinking agents.
With questionstorm as a teaching method, the mode of instruction would change. Teaching becomes a cooperative endeavor that actively involves teachers and students. What is taught in the classroom is a collaborative note, not the teacher’s note, not a handout to students. Teachers present or generate texts or objects for learning, in response to intense questioning of the object or material by students, teachers provide information as required for that subject, topic, level, and time frame. No two instances of teaching – of the same topic or subject- are or should be the same because the input of students and teachers is not predetermined.
This is because of an overlooked principle in teaching and learning, that I call the “uncertainty principle”.
The uncertainty principle underlies questionstorm because knowledge is not fixed. Learning is a fluid process. All that is to be learned is uncertain, it is unknown and never determined. No teacher can say beforehand what is to be taught or learned because no one knows exactly the questions and answers or replies that would arise when a topic is presented or taught in a particular class. A topic or learning material elicits unique responses and exchanges that both teachers and students cannot exactly know or predict a priori, before the fact.
Teaching is a shared task and responsibility. Class notes are fluid materials. They are not texts cast on educational stones and delivered by teachers to students to copy, cut, and paste as is often the case. Class notes are not written or produced by teachers for students but by teachers with students. Teachers’ notes are incomplete and insufficient. They account only for a part, not a whole of the learning process and material. Students’ input completes and complements the teaching material and learning process. Thus every class note is unique because it is a product of a specific collaborative endeavor, a product of particular teaching and learning agents and circumstances that cannot be repeated or replicated.
Thus, as a teaching method, questionstorm is set to facilitate teacher development and improve the quality of instruction in schools. Questionstorm will help realize a paradigm shift in education and learning. I hope educators, teachers, and school managers will embrace this method of teaching and learning.
Dr Igwe directs the Critical Thinking Social Empowerment Foundation.
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