Judges Have A Decision To Make…And It’s Now (1)

Apostles of true federalism have gained a lot of ground on federalists in recent years, primarily due to the emerging fascism from the centre. It is a no-brainer that Abuja has deliberately become too powerful, using the constitution as an excuse to the detriment of the state components. No doubt, the self-made Big Daddy in Abuja needs emergency gym sessions, not only to be trim-to-fit, but the constitutional gymnastics must also appropriately nourish the states, in a way that the balanced diet would be sustaining.

Yoruba will say if one stays for long in the sun, shade will meet him there, because the sun must set at a point. With the frenetic pace restructuring is catching up with even former adversaries, it appears the season of fatness is here for the governors, so much, to even take home.

A note of caution here though. While it is reasonably okay to give more to the guys with too little, and the one with too much, compelled to let go of the excesses, clogging as overload, care must be taken to ensure the one getting more has the capability to manage the new weight of the additions. The Bible speaks of peculiar situations when talents can be taken from one with little and added to the much, in care, of the responsible fellow.

As an advocate of true regionalism, I also worry about the quality in government houses across state capitals today. Much more troubling is the manifest megalomania across board. Since Olusegun Obasanjo as President, opened their eyes to how powerful their US counterparts are, always sharing the White House with Senators, and the front-row roles he allowed them, in the search for his successor, using the Ayo Fayose’s search party, to produce late Yar’Adua, governors have become oracles, determining  Nigeria’s socio-political and economic fortunes. Unfortunately, because it wasn’t impressed on them, the huge responsibilities that come with the privileges and the kind of comeuppance that recently consumed Governor Andrew Cuomo of New York and about consuming Governor Gavin Newsom of California, state governors in Nigeria have largely got away, committing sacrilege of vilest order. The few times a couple got vanquished were blatant political moments, hidden under anti-corruption drive. No governor has ever been sanctioned for criminally denying the people their constitutional rights. Illegal use of council funds gets easy pass here. Criminal diversion of money for salary and pension means nothing to the enforcers of the rule. The political class only fights itself over “sharing”.

In getting more from Abuja, state helmsmen are united. Nigerians in their majority are also united behind them. Though there are worries about what the governors would do with more constitutional powers, considering how they have (mis)managed the “little” they have now, but Abuja, particularly under the grievous circumstances the country has found itself, is now the common enemy. The restructuring sentiment bears semblance to pre-1999 when Nigerians were ready to accept whatever shade of civil rule available instead of further accommodating the excesses of the military. 22 years after, it is debatably difficult to say if it was the right sentiment to express. Recently one of the vilified military junta’s heads, Ibrahim Babangida, was using the democratic leaders of our time to catch cruise. He boasted that when it comes to filth in official circle his government considered one of the most corrupt in history is celibate, compared to the recklessness in power corridor today. You want to shout, you Gbada (shortened Gbadamosi), but everywhere is quiet.

Though governors contribute majorly to the rot around, you can’t deny a prodigal his share, once legitimate. Most of the items on the Exclusive List today were admirably administered by regions of old. Add to the fact the fact they are being poorly handled today, and the argument becomes stronger that the legacy states of the defunct regions should have back their inheritance. Since the governors haven’t proved themselves better than the prodigal son, constitutional checks should accompany the handover of the fortune to disallow squander-mania and the states becoming destitute again.

When waves are within your length, you ride high and fast. Governors recognise the momentum and are trying to sail unassailably.

In the Senate, Kaduna gadfly, Nasir el-Rufai, is leading a legislative effort aimed at giving governors absolute control over the judiciary in their states. Ideal definition of separation of powers should ordinarily make the attempt amoral. But, when placed side by side true federalism, the recrimination, may be slightly subjective. Birthed under Section 153(1), National Judicial Council is one of the federal executive bodies created by the operative 1999 Constitution. Serving as the umbrella-institution for the arm of government, the Council is constitutionally-responsible for the appointment, promotion and discipline of all judicial officers. With the president and governors as appointing authorities at federal and states respectively, what the constitution has done is to ensure that neither the executive arm nor NJC has absolute control of the Bench, whose words are laws!

That looks a fair deal, dealing in checks and balances. NJC recommends after conducting due process, governors approve. When disagreements arise both parties are to keep shifting ground until understanding is found. Ideally so.

But it has never been easy in practice as it sounds. Governors, obviously, don’t like being impeded in Abuja, since no one can dare in their states. When some of them, attempted to circumvent the constitution, they met a solid brick-wall.

The first female Chief Justice in history, as the chairperson of the Council, Aloma Mukhtar, went to war with disagreeable governors, especially on the vexed issue of appointment of Chief Judges. From Rauf  Aregbesola who wanted an outsider, Olubunmi Oyewole from Lagos Division as Osun CJ, to Rotimi Amaechi, who wanted a certain Peter Agumagu instead of most senior, Justice Daisy Okocha and a Northern governor who didn’t want a Christian female CJ from South married to a SAN from the North, Aloma stood eyeball to eyeball with them. When Amaechi would not back off, she smashed Agumagu’s head, sending him home early. Oyewole crawled back to Lagos.

(To be continued).