Dear Nigerians,
I have tried to write a piece for this week, but it has been extremely difficult. I started, and I stopped then I started again. It was just so difficult to string any words together because I am numb and dumbfounded at the happenings in our dear country in relation to the suspension of our Chief Justice of Nigeria and the concomitant activities. My summary of some of the goings on since Friday last week when the President announced the suspension of the Chief Justice cannot be in any way coherent because there is no coherence in how this has happened and no coherence in how Nigerians have reacted to it. So, expect no coherence.
We now live in a Nigeria where the judiciary is officially in disarray. We hear about a judge of a Code of Conduct Tribunal who disobeys the order of the Court of Appeal – a superior court which hears appeals from the Code of Conduct Tribunal. We see a judge make an exparte (without hearing the other side) order on a matter as far reaching as whether a Chief Justice should be suspended. We then hear a president latch onto that order which has flouted our constitution by not giving the other side an opportunity to be heard as a ground for the removal of a Chief Justice of Nigeria. In case we have forgotten we are talking about the Chief Justice of Nigeria – the head of the third arm of government in a sovereign democratic state. We have witnessed a court hearing arguments from most senior lawyers and decide in public glare to adjourn to a later date to rule on whether the court has jurisdiction to hear the matter, only for that same judge to resume seating before the adjourned date either alone or with only one party to make a ruling by itself that a Chief Justice should step aside and proceed to grant the prayers in the pending motion without first making a formal ruling on if the court has jurisdiction.
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Today in Nigeria 4 courts have made the same order to stay the trial of the Chief Justice – as though one court order is not enough in Nigeria – yet none of those orders have been obeyed by the Code of Conduct Tribunal, including a court of Appeal order. How did we get here to a point where there is a dispute as to whether a Chief Justice of Nigeria has been duly suspended and another one duly appointed? This is not a chieftaincy dispute or a union leadership tussle? We are talking about the Chief Justice of Nigeria – the head of the third arm of government under a democratic government which practices separation of powers. As if that is not enough,we have lawyers pontificating and punching their weight in different directions on the suspension of a Chief Justice of Nigeria. This leaves me wondering whether we have a written constitution in Nigeria or whether the Constitution is not clear on the matter or whether the lawyers have abdicated their sacred duties as custodians of our national conscience and adorned themselves with the garbs of hirelings. Is this one of those situations where lawyers can quip that the law is an ass which can be sent on any errand depending on who the master is?
Moving away from the learned ones – both those garbed in silk and those in cotton or polyester, we can also see that even the National Assembly is polarized on this matter. Some legislators would say their powers have been trampled upon because the Executive needs two-thirds majority of the senate to remove a Chief Justice and then some within the same legislative Chamber would disagree. Again, I ask them: Is the Constitution not clear on this matter? Is there not enough judicial interpretation on this issue? Today in Nigeria the National Judicial Council charged with the responsibility to discipline judges is not sure what powers they have or do not have.
The National Judicial Council has never experienced a Chief Justice of Nigeria being suspended. They have ample experience dealing with Governors sacking State judges and have dealt with such decisively in a manner that protects their territory, but on this one they are still in a state of shock. It is made worse by the fact that even the powers of the National Judicial Council have now been subjected to copious arguments regarding what they can or cannot do. Today in Nigeria we have three different arms of government at loggerheads as if the doctrine of separation of powers means every arm of government should arm themselves with weapons of warfare to battle each other. We will not forget to mention that the newly sworn in Acting Chief Justice has sworn in members of the Election Petition Tribunals and therein lies another debate whether those tribunals are properly constituted given that there is a question about the legality of his authority as Chief Justice. Whilst we are pontificating, quibbling and engaging in intellectual suicide the Nigerian Stock Market has began to crash as at today as a consequence of the suspension of the Chief Justice of Nigeria.I think that it is important to note that no matter what our views are on this matter and no matter our political leanings, it is important for ordinary citizens to realize that politicians will come and go but Nigeria as an entity is more important than politicians and their shenanigans. On certain matters and this being one of them we should toe the line that protects our institutions. If our institutions are weak it is us ordinary citizens that suffer ultimately.
Ayuli Jemide
