By Opatola Victor
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The real national conference we need in this country is to collectively decide whether we want to be ruled by the Constitution and the rule of law, or do we prefer to govern ourselves through feudal instincts, brute force, and barbaric tendencies. If we decide against constitutional rule, let us openly acknowledge it. At least then, we will know the truth of what governs us, rather than hiding behind the pretense of adhering to the rule of law.
It honestly intrigues my mind, when individuals defend injustice and rationalise rule of might. In this instance, what exactly would warrant the Police to keep a citizen in a cell without formal criminal trial for more than 24 hours or 48 hours atmost where there is no close-by court house.
Akpi Speed Darlington wasn’t accused of armed robbery or murder, even if he was – it cannot warrant such “trial-by-ordeal”. Recently a lawyer was brutalised by the police, some were even detained for months and years without trial. On numerous occasions courts will give orders and government agencies will disobey it, disregard it and circumvent it. The concept of justice warrants timely dispensation of justice however small or mighty the alleged offence- justice delayed is justice denied.
How can it be just when someone accused of a crime carrying a likely sentence of one year spends two months in detention without trial? Our courts needs to be even more bold, where two or four Commissioner of Police or senior hierarchy of the Police Force, law enforcement or other government agencies and parastatals are thrown into prison for contempt – the message will be effectively passed that nobody is above the law.
John Rawls, in his ground breaking work – theory of justice, argued that progress can come not from any new insight about substance of justice but from devising a fair procedure for justice. Our constitution and legal jurisprudence, however imperfect has devised a fair procedure for justice not only to be done but also to be seen to be done; yet for the purpose of power-show, we have setup various devices and restraints to suffocate these legal safeguards.
In Nigeria today, the convenience of some powerful people is the law. The rule of law we observe today is the discretion and caprices of some public office holders.
The study of Law and Development through its proponents such David Trubek, Douglas North and others, has shown the clear connections between justice, rule of law and national development. Justice and rule of law should never be treated as mere inconvenience by public office holders and men of means in the society, the state should never even allow such opportunity if it so much as believe in the word National-Development.
Opatola Victor is a legal practitioner and policy expert, and can be reached through Victor@legalifyattorneys.com
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