Is Nigeria Cursed? By Jibrin Okutepa, SAN

Is Nigeria cursed? I asked this question because everything seems to be too abnormal for comfort. The hope of the common man has dashed the hopes of everybody except a few politicians. It has now turned out to be the hope of those who wield the weapons of oppression of democracy and democratic tenets.

In those days, not all cases and causes are justifiable. The institutions of justice particularly the judex ask probing questions and ask lawyers to address it on its jurisdiction to entertain cases and causes filed that appear not to come within its subject matter or cause of action jurisdiction. No judex was permitted or allowed himself to be gluttonous in jurisprudential and jurisdictional acquisitions.

Our founding fathers who prohibited the judiciary from entertaining political questions were right. Entertaining political questions by the judiciary has damaged the once noble institution. Political disputes are damaging the reputation of the judiciary. The perceptions out there are now of disturbing regularity. It is the perception of judicial captured for political purposes to the deteriorating damage to judicial reputation.

Is Nigeria cursed? Is there no one to call some of the judex issuing and accepting some of the cases that have explosive dangers to our democracy to order? How on earth did we find ourselves here? What has happened to the code of ethics and conduct for the legal profession and judicial officers? The other day, I asked questions of where are the elders of the legal profession. I still ask, where are our elders?

The political wranglings in Nigeria, particularly in Kano and Rivers States, in which the judiciary seems to have become the variable instrument for resolving and truncation of government and government functions are clear signals of how not to play politics. In a serious country where those in politics mean well for the people, the judiciary is not captured to do the political bidding of any person or group of persons. Public good has always been fundamental in judicial adjudications.

But here in Nigeria, politics is not played for the good of the people but for the personal massaging of egos of political warlords who have unexplained wealth and means of production. It is the worshipping of this questionable wealth by some of those who should run away from the shrines of unjust and unexplained wealth that has landed us here. Nigerians are just helpless.

The masses are suffering in the politics of Nigerian politicians. In civilised societies, politicians play politics of good governance, and the welfare of the people is the concern of politicians. But here in Nigeria, those who are paid to be on the side of the people are now in a political conspiracy to undermine the very people they are paid to protect and defend.

The evil going on in Nigeria is too visible to even the blind to ignore it. The perceptions are there. Today, the perception is that the government has been personalised and the federal government of Nigeria is more interested in protecting partisan political actors than being the defender and protector of the constitution of the Federal Republic of Nigeria. Whether this is true, I cannot say but the perceptions are there and the government should know it.

It is, in my view, constitutional sabotage for any court to give an order that truncates the provisions of security to any part of Nigeria. It is also a caricature abuse of process for anyone to approach Nigerian courts to ask that funds due to any tier of government should be withheld.

During the period of President Obasanjo, I recall the Supreme Court came down heavily against the federal government for withholding the funds of local governments of Lagos state for what it perceived as the illegal creation of local governments. Let those who think that they are above the law and who believe that things must be done only in their own ways have a rethink. Nigeria belongs to us all.

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