Opinion
Nigerian Elections: A Democracy In The Hands Of A Judiciary
Published
1 year agoon
By Toyin Falola
To run for an election in Nigeria, as you raise the money you need, now in billions of naira, remember one thing: divide the money into two—one for the elections and the other for legal matters. If you win, the loser will take you to court. If you lose, take the winner to court. If the winner had the money for the election and no money for the legal matters, his fortune would be reversed. Three sets of people now decide for us: the voters, the lawyers, and the judges. Democracy is no longer solely about the legitimacy of votes but also the legality of how those votes are obtained and counted. Legality is now above legitimacy. Please allow me to explain.
The history of elections in Nigeria has always been of interest, but that of its aftermaths creates crescendos of the former, far more important sometimes and far more disappointing most times. In several instances, a party’s candidate would be elected with some level of presumed or deductible public support, and when the lens or the “VAR” of the judiciary looks at it, the people’s results get dashed. Sometimes, the supposed winner could be one that does not have the people’s approval, and after much process of vetting, the judiciary installs who they want or think to have fulfilled the law the most. Some other times, there is not much difference.
The roles of the judiciary in pre- and post-election matters will never stop to beg the question of what should be held supreme: legality or legitimacy. Of course, both the two concepts semantically cross each other’s borders, but to what extent should the extremes of each be tolerated? What should decide legitimacy? Is it the quantum of legal compliance and due processes or the invested aggregated public interests? And should election results be held within the bustles of Electoral Acts, Constitutional Provisions, Court Rules, Practice Directions, and other legal reality checks? This dilemma has been a perennial occurrence and has severally and severely brought the people to some antagonistic vantage points, pitted against the Milord’s Temples of Justice.
For instance, it is close to a month since the results of the petition at the Court of Appeal against the supposed victory of the APC at the 2023 Nigerian elections, and the people of Nigeria are nowhere near satisfied. It is incredible how a country with a unique history of repeated final determination of election results at the courts, as opposed to the polls, still keeps getting it wrong. The situation is evidence that the people take the judiciary as a betting house and take the chaos of doubts to its temple, as this has run throughout the history of Nigerian democracy.
Take also, for instance, the notorious case of the 2019 Imo State Gubernatorial elections, where the Supreme Court annulled the victory of the People’s Democratic Party (PDP) Candidate, Emeka Ihedioha, and installed the All Progressives Congress (APC) candidate, Hope Uzodinma as governor; a candidate who did not just lose to Ihedioha in the initial race but finished a distant fourth position and the reaction of the people to the situation. What about the Adeleke election saga in Osun State in recent history? This, however, seems to be an accepted decision by the people because of the supposed popularity of the candidate and the finesse of his dancing steps.
Another very controversial case was the court’s decision in the Bayelsa State elections, where the Supreme Court also annulled the victory of the winner of the elections because it was discovered that his running mate had presented some fake documents. He was, therefore, disqualified, and his opponent was installed as governor.
This history of judicial intervention in elections is no short one. Since the petition originating from the election between Shehu Shagari and Obafemi Awolowo in 1979, Nigerians have had to severally vest their hopes in the judiciary and watch as they act as umpires in matters that are originally designed to be settled by public vote.
There is a cross-road between legality that informs the court’s decision to the extent that irregularity would amount to fundamental decisions that would affect the fate of the people and aid an illegitimate and unpopular government. The people would then be left to struggle with a largely unwanted government or such that could not be ascertained to have won the popular confidence of the generality of the electorate. The court is the home of determining matters based on some objective parameters, explaining why laws are set to guide every matter brought before the court.
From history, it is quite clear that many decisions made on election and election-related matters are either won or dismissed based on irregularities, technicalities, and procedural errors that would deny justice on substantive matters. Of what benefit would a suit that was dismissed based on its lack of conformity with an established form or because it was instituted by a writ of summons rather than being brought by way of a petition? When a matter is determined based on this and other preliminary fulfillments or procedures, the substance, which goes to the root of the legitimacy and desires of the people, is buried or forgotten.
The Constitution and the Fundamental Rights (Enforcement Procedure) Rules have established that fundamental rights issues should not be discountenanced based on mere irregularities and that as sui generis issues, the standard of expectation should be brought lower compared to other matters before any court. Fundamental rights issues in Nigeria can be brought before the State High Court, Federal High Court, or National Industrial Court. It could also be brought by any means, making it quite easy for a person whose right has been trampled upon to seek justice.
But is a fraudulent election and mandates conferred on people unjustly not worth the similar care given to human rights issues? Where legality and procedures are reconsidered on cases from Chapter IV of the constitution, how many more issues are traced back to legitimacy, the people’s future, and the nation’s progressive projections? Isn’t an election fraud injustice to the generality of people and a collective breach of the collective rights of the people?
The consequence of elections to the sociopolitical consciousness of a people must not be taken lightly. Not just because elections are the system through which the next leader of a democratic nation is decided but because that system is in and of itself the embodiment or the defining expression of the democratic soul of the society. The iconic 16th president of the United States of America, Abraham Lincoln, famously defined Democracy as the “rule of the people, by the people and for the people”; a concise yet comprehensive capturing of the essence of the ideology.
No society can claim to be democratic in principle without having its people come together to decide who its leaders are. Because those elected are not just “leaders,” but in a more honest sense, are representatives of the people. And since they are representatives of the people, it would be an undeniable logical inconsistency, as well as a great political absurdity, if the people’s will were to be ignored in the selection of their next leader, no matter how legal, constitutional or judicially viable, that process of selection is. It is this understanding that should primarily guide the decision-making of the judiciary that elections are an expression of the will of the people, and so in their decisions, their foremost objective must be the protection and enforcement of that will.
When you see that the entire nation is not only interested but has a stake in the matter, one would expect that the judiciary takes a decision that is the most accurate reflection of the will of the people. Instead, we saw the judiciary dismissing what seemed to be worthy petitions because one preliminary matter was not filed or one issue arising from the whole pool of matters was supposed to be decided by another court. This system and mentality is an outright mockery of the people’s desires. They ignore important, weighty arguments on the grounds of minor, less significant matters of procedure, sacrificing Justice on the altar of technicalities.
My question to the Justices who sacrificed justice for technicality is this: was the law made for man, or man made for the law? The obvious answer to this question is a foundational concept of law, which ought to guide their reasoning. Law is very important to ensuring order and progress in society. But when that law is exalted at the expense of the best interests of the men it was created to serve, then that law is pointless and nothing more than a stumbling block to the progress of society. Law is good because it ensures legality. But man is ultimate because it is man that gives legitimacy. Legitimacy to other men, legitimacy to a government, and legitimacy to even the law itself. So, to all those who view the judiciary’s actions through the mediocre lens of legality, here is a better question: it may be legal, but is it legitimate? Do not get me wrong; I do not mean that the law should be thrown into the winds and disregarded at every instance; of course, “he who comes to equity must come with clean hands,” and “he who wants equity must do equity.” However, there should be a relaxed line so as not to run into the dangers of positivism.
The court must be able to see that what is more important at every point before making its decisions is the importance of legitimacy and popularity. The political and social consequences decisions of the court can cause. This is because every institution is established in the back of the people, and since people are the law themselves, the law should never be clogged to their wheel. The law should be for the men and not men for the law.
When questions like this are taken more seriously, we will begin to see changes in this country. Our democratic institutions need to be recalibrated and strengthened. Judicial recourse is useful, but when it becomes repeated, it insults and nullifies the point of the precious will of the people. Going forward, we must ensure that we fight to protect that will. All involved from the government to INEC, to the courts, must do better. To close, the preamble of the Nigerian constitution opens with “We the people of the Federal Republic of Nigeria…Do hereby make, enact, and give to ourselves the following constitution”. If it is we, the people, who give ourselves the law, then it must be we, the people, who give ourselves our government. We must defend that right, always.
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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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