[pull_quote_center]The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing. — Caroline Kennedy[/pull_quote_center]
[dropcap]H[/dropcap]appy democracy day. If there’s anything worth celebrating. I think not, but then that’s just me. Or is it?
In England in 1923 a motorcyclist called McCarthy was involved in a road accident. He was at fault in the accident, and was hauled before the Crown to answer for dangerous driving. Unknown to MacCarthy and his lawyers, one of the judges presiding over his case belonged to a chamber which was also suing McCarthy in a civil suit over the same incident. This judge, did not reveal this, and was one of those who helped decide the case against McCarthy, who was convicted.
When McCarthy’s lawyer found out, he sued to have his clients conviction overturned. The judges all swore that their guy’s bias did not affect their judgement. The case went all the way to the King’s Bench, one of the highest courts in the land, and the Chief Justice of England at the time, Lord Gordon Hewart quashed the conviction. In his 1924 ruling, which is till today considered one of the landmark rulings in English jurisprudence, Hewart said, “but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
What I want to focus on today is justice, or rule of law, depending on how you chose to look at it. In a democratic setting, the rule of law ought to be paramount. That is the understanding that there is a process for everything, regardless of who is involved, be it a lowborn, or a highborn. And, just as importantly a la Justice Hewart, this rule of law must be seen to be applied to all.
Sometime ago, one of my favourite characters in the Nigerian political space, Citizen Sanusi Lamido Sanusi, made some comments regarding the state of education in his region of the country. He also attacked Citizen Aziz Yari, who had made some ill-informed comments regarding an outbreak of meningitis in a total of 38 LGAs across six states — Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. Citizen Yari said that the outbreak was the wrath of God on fellow citizens in those states, because of their propensity for fornication.
It so happens that Citizen Yari’s ignorance carries some weight because at this point in time, he happens to be governor of one of the affected states, Zamfara. It also happens that Citizen Sanusi’s comments carry some weight because he happens to, at this point in time, occupy the exalted stool of Sarkin Kano. Thus the stage was set, for a showdown. The reformist Emir versus the reactionary Governor.
Then there was a meeting. In China. And suddenly, we had all sorts of allegations made against Citizen Sanusi, about how profligate he was/is, and in his home state of Kano, a probe was started against him, no doubt encouraged by Citizen Abdullah Ganduje, who happens to occupy the governorship position in Kano.
Exactly a week ago, the probe was halted.
In a letter read on the floor of the highest law making body in Kano, by Citizen Kabiru Rirum, who at this point in time happens to be the Speaker of said law making body, a group of civil society groups, and some other citizens, including Citizen Yemi Osinbajo, who happens to be Acting President of the country, Citizens Ibrahim Babangida and Abdulsalami Abubakar, who happen to be former military dictators, Citizen Sa’ad Abubakar, who happens to be Amir-ul-Momineen in Nigeria, and Citizens Aliko Dangote and Aminu Dantata, who both happen to be made of American dollars, asked that the probe be put to a halt so that peace will prevail, and that justice be tempered with mercy.
My question is this — what manner of democracy are we practising if some citizens are more equal than others? Frankly, I don’t care if this is the case, but we must be bold enough to be truthful, and admit what we are, and that is anything but a democracy. Being truthful about who/what we are, is the first step towards progress, and for me, that is what I want. I’m currently listening to a neighbour’s generator. The generator is on, because today is a holiday. We cannot sort problems like this, without honesty.
So, honest question. Are we a democracy, or are we not?
Cheta Nwanze is journalist and information technology professional. He is a political activist and social affairs commentator. He tweets from @Chxta.
The opinions expressed in this article are solely those of the author.
