ARTICLES
Right is Might or Might is Right
Commentary: Thompson Ayodele points out that the current political situation in Anambra State, Eastern Nigeria, raises serious questions about Nigeria nascent democracy and the rule of law. He says the episodes in this beleaguered state might make credible investors to be wary of investing in Nigeria.
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Right is Might or Might is Right
By Thompson Ayodele*
The current political crisis in Anambra State, as it continues to unfold, has confounded many constitutional lawyers, analysts, commentators, journalists and politicians. At state and federal level, the dramatis personae have justified their actions or inactions, claiming they are acting within the ambit of the law. But at no time did they stop, think and ask themselves the implications of all these political logjams on the present nascent democracy, economic growth and prosperity.
For the second time in less than 12 months, Anambra State is crisis, the rule of law desecrated, democracy is on trial and above all the credibility of public institutions shaken. Crisis began on July 10 last year when Governor Chris Ngige was abducted shortly after being sworn in. His political god-fathers and financial backers claimed he had resigned before he actually occupied the State House. They claimed there is a resignation letter signed to that effect. Governor Chris acknowledged that the letter was indeed signed under duress and that under that circumstances such agreement stands being repudiated.
It is a matter settled in law when a contract is aimed at promoting or is capable of promoting corruption in public life the contract is illegal, void and of no effect. The contract between Ngige and his god-fathers is surely one of such contracts. The English Court has ruled as far back as the early 20th Century in Montifore V. Menday Motor Co. Limited (1918) 2 KB 241 that such a contract was unenforceable for being contrary to public policy. Nigerian court in Golden Okonkwo V. P.O. Nwoga (1972) 2 ECSLR 615 has also reaffirmed that ruling.
A third year law student knows the first question a court should first ask itself before adjudicating on any matter before it is the question of jurisdiction. Clearly the court sitting in Enugu has no jurisdiction over the case. The High Court that ruled in the case has no territorial jurisdiction over the case and on a subject matter which resides in another state. The Kogi State chapter of Nigeria Bar Association has described the ruling as “a judicial terrorism.” Under the Nigerian constitution, a governor can only be removed only after due procedural steps which do not envisage application before a judge whether of a state or federal high court.
Other states branches of NBA also condemned the ruling. Of note is the statements by The Patriots, a group of reputable elderly Nigerians who are mostly erudite lawyers, which also condemn the court ruling. The group in press statements said: “We believe that where a court makes an order which is manifestly unlawful or illegal such that no judge properly qualified as a lawyer and properly informed on the rules of law which he is called upon to administer ought ever to have made, adherence to the concept of the rule of law does not require such order to be obeyed. We entertain no doubt whatsoever in our mind that the order of the Enugu High Court directing the Inspector-General of Police to remove Dr. Chris Ngige from office falls within this category.”
What is more worrisome is the spate at which the rule of law is not respected and the supremacy and the sanctity of the constitution are being rubbished. In a well-ordered society right is might. The maxim that law is not a respecter of persons, in recent times, does not seem to hold water in Nigeria. Might is of course right.
Sadly in recent times, some judges have succumbed to pressures from powerful Nigerians, and have subverted due process. High court judges continue to abuse ex parte injunctions. Ordinary people who are not well-connected are fearful of claiming their rights in court of law as they tend to see the whole process as time-wasting and favouring the powerful and well-connected individuals.
In an attempt to build a prosperous and peaceful country, the essential ingredient is the entrenchment of the rule of law. The merits of this are many. Firstly, it will enable both local and foreign investors to see that their rights are guaranteed and that the court will protect the rights of the creditors as well as debtors. Secondly, it is a signal to the international community that Nigeria is a safe place to do business. Thirdly, it fosters businesses to be facilitated with those outside one’s community. Lastly, an effective institution in dispute settlement will be built, as disputes arising from daily business interactions will be amicably resolved without anyone taking law into his hands.
The experience in Estonia, a country once under Soviet control for 50 years, fought partisan war for 10 years and lost one-third of its population as a result, should be instructive to the present crops of politicians, judges, lawyers and other Nigerians who revel in undermining the rule of law. The man who inherited this ruined and poverty ravaged country and in less than a decade changed the economic fortune of this country is Prime Minister Mart Laar. He has this to say: “The importance of the rule of law has not been understood…No kind of general understanding, best effort or wishful thinking can replace a sound and constantly improving legal environment. There can be no democracy without laws, clear property rights and a functioning justice system.”
It behooves on everyone of us to toes that line. Where might is right, economy growth is a mirage. President Obasanjo is shuttling across world capitals wooing investors. Millions of dollars is spent on public relations and various activities are being staged to woo investors to Nigeria. The newly appointed ambassadors were given marching orders as part of their duties to do the same. All these time and money consuming efforts will never cut ice if the rule of law is constantly not allowed to take its full course.