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In Praise of Dictatorship: President Jonathan and the
rehabilitation of Justice Belgore
By Chido Onuma Newsdiaryonline Mon Nov 21,2011
Chido
This article first appeared on July 10, 2006, under the title
In Praise of Dictatorship.
It is excerpted from an upcoming book,
Time to Reclaim Nigeria.
It has been reproduced in light of President Jonathan’s choice
of Justice Alfa Belgore to head the constitution review
committee.
Two weeks ago, the Daily Sun newspaper carried a very
disturbing story titled, “Belgore defends military rule”.
Justice Salihu Modibo Alfa Belgore is the Chief Justice of
Nigeria (CJN). It is not often that you find such highly placed
judicial officer making statements that undermine the essence of
the judicial system. But that was exactly what the learned chief
justice did when he praised the Nigerian military for seizing
power, saying their intervention was necessary.
According to Justice Belgore who spoke at a book launch in
honour of his predecessor, Justice Muhammadu Lawal Uwais, the
military seized power to cure some problems in our national
development; they intervened to rescue the nation from
disintegration and to remedy the leadership ineptitude of
civilian administration. “People say they do not allow human
rights,” the obviously bewildered chief justice noted:
“They say their coming to power was illegal. Were they really
dictators? They came to cure a malady in national development;
malady of ineptitude, corruption, and divisive tendencies and so
many other things.”
If you want to know why former military dictators like Generals
Muhammadu Buhari and Ibrahim Badamosi Babangida (IBB) have the
nerve to assault the national psyche perpetually, look no
further than the comments of Justice Belgore. I know there are
people who think IBB can do no wrong. Over the years, we have
seen many otherwise brilliant scholars who have fallen for the
IBB charm. We know of former student leaders who were in the
vanguard of opposition to IBB’s atrocious economic and social
policies who have buckled under IBB’s spell. But when the chief
justice of the federation puts up a spirited defence of
Babangida and military regimes, we should all be concerned for
the survival of democracy.
Interestingly, IBB was the chairman of the occasion where
Belgore made his unpardonable gaffe. In a comical attempt to
diminish the severity of his actions as head of a brutal
military regime from 1985 to 1993, IBB referred to himself as a
“former military dictator”. The chief justice took up the
responsibility of justifying IBB’s position. He left no one in
doubt that selling the IBB agenda was his primary objective.
“Our chairman called himself a military dictator,” Belgore
noted. “Well, every military regime must have some dictatorial
tendencies because that is the only way they can be successful.”
I don’t know which country Justice Belgore was referring to, but
there is nothing “successful” about the role of the military in
the Nigeria I know. From the intrigues of the military brass
that led to an internecine civil war (1967-1970); to the
corruption and waste that attended the Gowon regime (1966-
1975); to the anti-people regime of General Obasanjo (1976-79);
to the highhandedness of the Buhari/Idiagbon regime (1983-1985);
to the destruction of the economy and the social fabric of the
country under IBB (1985-1993); to the murderous regimes of Sani
Abacha and Abdulsalami Abubakar (1993-1999), Nigerians have had
to endure the inglorious actions of people whose calling is to
defend the country and the constitution.
As the chief justice can see, the military has been in charge
for almost two-thirds of the 46 years Nigeria has been
independent. Today, millions of Nigerians are suffering the
effects of the corruption, ineptitude, wantonness, and
stagnation, associated with years of military rule. So, what are
the maladies in our national development that the military came
to solve? Is it the educational system that was destroyed by
IBB? Or the economy and political system that were bastardized
by Babangida and Abacha? Every aspect of the nation’s life has
felt the canker called military rule.
If Justice Belgore needs a reminder, he should refer to the
report in The Guardian, June 27, 2006, titled, “Azazi
cautions army over 2007 polls”. It was a tacit warning -- one I
hope they will heed. The chief of army staff, Lt. Gen Andrew
Owoye Azazi, stated that the military had no business in the
political arena: “You must remain loyal to your oath of
allegiance; loyal to the president and commander-in-chief; and
loyal to the constitution of the federal republic,” Azazi told
officers and men of the Nigerian Army during a sensitization
seminar on attitudinal change in Kaduna.
Yes, Mr. Chief Justice, there is something called the
Constitution of the Federal Republic of Nigeria, and the first
chapter starts with these words: (1) This constitution is
supreme and its provisions shall have binding force on the
authorities and persons throughout the Federal Republic of
Nigeria. (2) The Federal Republic of Nigeria shall not be
governed, nor shall any persons or group of persons take control
of the Government of Nigeria or any part thereof, except in
accordance with the provisions of this constitution. (3) If any
other law is inconsistent with the provisions of this
constitution, this constitution shall prevail, and that other
law shall, to the extent of the inconsistency, be void.
Mr. Chief Justice, there is no legal basis for military rule in
Nigeria and you should know, because you are, or ought to be,
the custodian of the constitution. Certainly, the military’s
“coming to power was illegal”. I am sure we can all agree on
that based on the paragraph above. “Were they really dictators?”
Of course, they were! And even more so in the case of IBB. The
Merriam-Webster Online Dictionary defines a dictator as
one holding complete autocratic control; one ruling absolutely
and often oppressively. This description captures the reality of
military rule in Nigeria. And nobody needs to be reminded that
our military rulers “don’t allow human rights”.
One of the notable achievements of IBB’s rule, in the opinion of
Justice Belgore, was the “lasting legacy” in the judiciary. “So
many other military regimes had abandoned the judiciary, but
there is something that this gentleman (Babangida) did,” Belgore
said.
“When Mohammed Bello came in as CJN in 1987, he asked for the
opinion of the justices, that ‘what can I do to leave a lasting
memory’ and nearly everyone said continue education in the
judiciary. Bello toured the country, spoke to the governors that
they should allow all judges, registrars, Grand Kadis to come
together and share ideas and learn so that justice delivery
would be stronger. It worked out. We all enjoyed it. In 1991, it
was this same head of state (Babangida) that wanted a very high
excellence in the judiciary administration and justice delivery
and brought in a decree establishing the National Judicial
Council (NJC). Everybody knows the value of the council today.
It is a lasting legacy to his tenure as the president of this
country.”
Let the Gani Fawehinmis and Femi Falanas handle this subject. It
would be interesting to read their take on the NJC and IBB’s
legacy as far as the judiciary is concerned. Nigerians would
like to know, however, what the Chief Justice will do or how he
will rule if some military officers seized power tomorrow and
there was a case over the legality or otherwise of their action.
Perhaps, it was in keeping with their philosophy of “might is
right” that Justice Belgore and his colleagues in the Supreme
Court failed to intervene in 1993 when IBB annulled the results
of the June 12, 1993, presidential election.
What did the Chief Justice get for his trouble, or was it merely
a payback for IBB’s largesse during the June 12, 1993, crisis
when he (IBB) gave Mercedes Benz cars to the Justices of the
Supreme Court? Thirteen years later, this is what IBB had to say
about his action: “I was not perturbed, when sometimes in 1993 I
had cause to show grave and genuine concern for the safety and
well-being of our Supreme Court Justices by providing them a
substitute for their 505 Peugeot brand official vehicles to that
of Mercedes Benz brand. This simple, but necessary and highly
deserving and caring well-placed gesture, was aimed at taking
steps, within human limitation to preserve the lives of our
justices.” IBB’s gesture served its purpose. It not only
preserved the lives of our justices, but their “integrity” as
well.
If Justice Belgore was hoping to use this opportunity to
rehabilitate IBB politically, he failed miserably. His blatant
disregard for the ideals of democracy, and the rule of law,
deserves to be treated with maximum contempt.
Th
This is the document referred to in the Witness
Statement on Oath of Clifford O. Kokogho as
“Exhibit
COK.2”
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