08 Dec 2006 |
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The Supreme Court and Ladoja's case WITH its ruling yesterday in the Ladoja case, the Supreme Court of Nigeria has taken a bold step in re-affirming the supremacy of the rule of law, which had received much bashing recently in Ekiti, Anambra, Plateau and Oyo. states resulting in a general loss of confidence in both the Constitution and the judiciary. The impeachment drama in the aforementioned states had become an opportunity for local party thugs, masquerading as Godfathers, in collaboration with their unseen friends, to hijack the democratic project, make complete short-shrift of due process and impose their will on the people.
I salute their courage; their commitment. They had resolved when the Appeal was brought before them by the 18 anti-Ladoja lawmakers of the Oyo State House of Assembly that the matter would be heard and treated expeditiously. They did not want the Supreme Court to be dragged into a brewing conspiracy, which was already abroad to the effect that the matter would drag on interminably until May 2007 passes and the ruling of the Supreme Court would be ineffectual. By acting promptly, their Lordships have protected the integrity of the Bench. This is an example that should provide useful instruction to judges on the lower Bench, where there have been accusations of complicity in the violation of the rule of law. This much was articulated by Attorneys-General of the Federation who found cause recently to condemn Chief Justices in the states whom they accused of lending themselves, arms and limbs, wig, gown and Bench, rather wittingly, to the politicisation of the impeachment process and specifically Section 188 of the 1999 Constitution. The biggest threat to the rule of law is when the judex descends into the arena of partisanship, and gets embroiled in the muddy waters of soiled reputations. For the ordinary man to have faith in the law and its processes, the judiciary must adorn a garment that is as white as snow. Six of the seven justices who ruled in the Ladoja case upheld the ruling of the Court of Appeal, Ibadan Division, which had declared that the processes leading to the January 12 impeachment of then Governor Rashidi Ladoja of Oyo State was null and void; entirely without basis in law. It would be interesting to read the details of the dissenting judgement, but it is now clear that the Ladoja case has been laid to rest, and the only way forward in Oyo State, is a return to the status quo ante bellum. What is unfortunate is that the 18 lawmakers who removed Ladoja in a criminal fashion, with the backing of their Godfather, Alhaji Lamidi Adedibu may now go scot-free, without any punishment for their violation of the laws of the land. It is a trite point that this country or any part thereof can only be governed according to the Constitution. In Oyo State, the circumstances leading to the removal of Ladoja on January 12, 2006 was the equivalent of an act of treason against the state. It was broad daylight theft of power. This terrible example has since been replicated in other parts of the country. It is only when lawmakers who act outside the boundaries of their office, are sanctioned accordingly that we may begin to discourage the transformation of the House of Assembly into an assembly of tin-gods with muscles but little sense. When the Court of Appeal, Ibadan Division ruled in Ladoja's favour there had been much quibbling as to whether the ruling was declaratory or not. It was also argued by Counsel to the anti-Ladoja group that the Court of Appeal acted like a Father Christmas by giving that which had not been requested from it. Convinced that they knew more law than the Court of Law, members of the anti-Ladoja group and their agents took to the streets of Ibadan, wielding machetes, chanting war songs; they threatened fire and brimstone; they asked the court of law to go to hell. They dared Ladoja: to return to Ibadan and face their wrath. Indeed, some lives were lost in the course of this needless show of barbarism. Alhaji Lamidi Adedibu even allowed himself the strange indulgence of ruling from his court in Aafin Molete that not even the Supreme Court could return Ladoja to Agodi, the seat of Oyo state government. With its ruling yesterday, the Supreme Court has given Alhaji Adedibu and his ilk, precisely the response that they deserve namely that no human being is above the laws of the land. If Adedibu knows what is good for him, he should realise that this is an opportunity for him to behave like a sophisticated and civilised citizen. But should he, or anyone pretend to be more powerful than the final court of the land, Ehindero and his men would have to do their duty. Ehindero had lost his voice in the face of the Court of Appeal ruling in the Ladoja case; policemen in Oyo State watched helplessly as hoodlums took over the state; even the Inspector-General fell into the pit of judicial misinterpretation. With this Supreme Court ruling, the job of the Inspector-General of Police is clearly spelt out for him, namely to restore Governor Ladoja's full complement of security aides and to ensure his protection as he reclaims his mandate. This is an opportunity for redemption, which the Police should seize with both hands. The losers in the Ladoja case must also take their cue from the counsel on both sides of the matter. The Counsel to the Speaker, Oyo State House of Assembly, Chief Wole Olanipekun (SAN) thanked the Supreme Court for "saving Nigeria's democracy". The Counsel to the 18 anti-Ladoja lawmakers also saluted the Supreme Court Justices. Both lawyers conducted themselves in a courteous manner. It is an example that should be followed by their clients, and other stakeholders as well. This is not really a personal victory for Rashidi Ladoja, it is a victory for the rule of law. But one question that has been asked severally is: would Ladoja be able to work with his Deputy, who has been Governor until now, that is Chief Adebayo Alao-Akala, and who in the face of the present ruling must return to his former position? And another question: would there be peace in the Oyo State House of Assembly? Would the legislators now ideologically divided in this conflict, be able to work together in the interest of the people? This human dimension of the entire episode confronts the various parties with a test of character. Chief Adebayo Alao-Akala is especially at a crossroads. Can he still afford to work with his former boss? Can he return to the position of Deputy Governor having been Governor, knowing fully well that he will be treated like a villain? The honourable option for Chief Adebayo Alao-Akala may well be to resign, and seek a place this weekend in the PDP gubernatorial primaries since in any case Ladoja is not in a position to contest on that platform. And where will Alhaji Lamidi Adedibu, "the garrison commander of Ibadan politics" be? He removed Ladoja because the fellow had refused to hand over the state treasury to him. Ladoja's return means only one thing: the humiliation of Adedibu. Even the Presidential Villa which used to be the source of Adedibu's strength has abandoned him by expressing commitment to the Supreme Court ruling. This is a strange response from Aso Villa, by the way. Could it be that Adedibu has fallen out of favour? Is this truly, the end of Amala politics? The CJN, Modibbo Alfa Belgore had complained about how the Presidency picks and chooses which rulings of the court that is convenient for it to obey. Is the Presidency obeying this particular ruling because it suits its own calculations? It is worth recalling that this same Presidency shunned the Supreme Court in the Lagos state case, and practically overruled the Court of Appeal in the Anambra case. What has now happened in the Ladoja case should serve as a lesson to all Nigerian politicians who use the weapon of impeachment as an instrument of blackmail and especially those who assume that they can do as they wish. One evening newspaper reported that when its reporters tried to interview Alhaji Adedibu on the Supreme Court ruling, the man angrily banged the phone. Adedibu should know when he has been beaten. Ladoja's reinstatement may perhaps inspire other aggrieved Governors, now deposed, to look up to the Courts for redress. But it is sad that even the Supreme Court judgement, important as it may be, cannot guarantee peace in Oyo State. As Ladoja returns, he must learn to do so with humility; he must learn to be magnanimous. The Supreme Court has not declared him a saint; it has only spoken in defence of due process. There may well be persons in Oyo State who are convinced that Ladoja has a case to answer in terms of his stewardship, and who do not think that he deserves any special grace. Such persons could make the state totally ungovernable, make it impossible for him to return, and force the Presidency to declare a state of emergency. Let Ladoja return to Ibadan then, fully aware that he is surrounded by wounded lions with practised fangs, and that in Nigerian politics, nobody can predict tomorrow...
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Reinstated Oyo state Governor, Alhaji Rashidi Ladoja (r), and his wife, yesterday
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