| DSP ALAMS: THE DAY AFTER ............. |
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| Tuesday, 13 December 2005 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties Democracy is indeed very good and desirable. However, just like any other good thing it has it costs. In our own case, the struggle against military rule and its attendant losses can be readily pointed to as one of the costs incurred in securing our new found love- democracy. It should be borne in mind that except we want to deceive ourselves, that is not the total cost. Just as is the case with financial transactions, in a democratic setting, running costs are also incurred in addition to the initial outlay. One outstanding cost is the damage caused to society by the oft-misinterpreted and misunderstood concept of freedom. In a society such as ours, the concept of freedom is usually translated to mean impunity and so we hide under it to unleash all manner of destructive behavior on society such that societal norms and values are threatened. The English dictionary defines norms as: standards of behaviour that are typical of or accepted within a particular group or society. Values are defined as beliefs about what is right and wrong and what is important in life. From these definitions, it is clear that norms and values are more important and more expansive than individual freedom. Therefore, any individualâs freedom can indeed be curtailed if the exercise of such freedom will bring collateral damage or is in conflict with societal norms and values. The DSP Alams saga has brought out so many things about us as a nation that at a point one was forced to ask: what are our values and norms?. Who are we? Do we really cherish excellent conduct or do we just pay lip service to it? Do we encourage stealing, rascality, indiscipline, destruction etc. What is the colour of our norms and values as a people. Do professionals live up to their callings or do they fall prey to political and ethnic considerations? However, I wish to salute the courage of those who stood on the side of the protection of societal values while the saga lasted. One person that readily comes to my mind is General Muhammed Buhari. Chief Gani Fawehinmi was clearly at the forefront in condemning the actions of the ex-governor and defending the laws of our land In the beginning Immediately the ex- governor was arrested the media was inundated with stories such as (1)It was a selective justice (2) It was because of resource control (3) It was because the man was in the V.Pâs camp (4) etc. In all of these, none of the defenders of DSP offered any explanation for the offences which the man was arrested for. To them it was unimportant. These âdefenders of democracyâ were not intelligent enough to know that stealing is an offence, that there is a very strong connection between corruption (especially at the states and local government levels) and the poverty of our people. Perhaps some of them were aware that it was wrong but they wanted a share of the loot through patronage. THEN Then the man/ woman jumped bail. Even those of us who are not lawyers know that this is an offence and act of gross misconduct. Then the town criers went to work insulting society and undermining all known values connected to decency. We heard such things as (1) The man would not have had a fair hearing in the U.K (2) The manâs immunity should be extended to U.K (3) The federal government is the one persecuting him (4) He did the right thing by jumping bail etc. Unfortunately, these statements were made largely by lawyers. And the Ijaw nation, they rolled out drums to welcome him until some youths kicked against their display of heresy. Impeachment Section 188 of the Nigerian constitution deals with the removal of a governor or deputy governor. Of particular interest are subsections 6 and 10. 188(6) states that âthe holder of the office whose conduct is being investigated under this section shall have the right to defend in person or be represented before the panel by a legal practitioner of his own choice. 188(10) states that âNo proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court. Despite these provisions we have heard some lawyers say such things as (1) The impeachment was null and void (2) It was hurriedly done (3) The man was not given fair hearing. I just could not believe my eyes and ears when even law lecturers joined the chorus in making these statements. From my lay manâs point of view, a man who has a right and fails to exercise that right cannot turn round to blame anyone for his failure. It is to the credit of Alams lawyer that he was not smart enough. Instead of entering appearance, he was busy arguing about the composition of the panel. He should have entered a defense (if there was any) and then start to complain; perhaps a few days would have been gained. But he used âNigerian senseâ and thereby lost the opportunity offered his client to exercise his rights. Of course, the rights under subsection 6 is limited to a very large extent by section 10. So whichever way you look at it, anyone with a bad case such as Alamâs could not have won the case. However, for some lawyers to say he was not given the opportunity to exercise his rights is absurd, meaningless and unprofessional. Conclusion It will be interesting for the advocates of âselective justiceâ to furnish us with the criteria used for this assertion. If it is 3rd term, then Prof. Osuji, Mrs. Osomo, Mr. Tafa Balogun, late Mr. Afolabi (the ID card man etc.) were also opponents of 3rd term? That sounds funny and childish? Doesnât it ? I think those who are opposed to President Obasanjo should be more serious and come up with more reasonable accusations than the ones being peddled currently. And as for the larger society I am of the opinion that we should uphold and advance the frontiers of the values and norms. We should build a better society that everyone will be proud of. The federal government may indeed be accused of high handedness in the handling of some of the aspects of this matter but the truth is that whichever way you look at it what Alams did were wrong and should not be condoned in any civilized society. Societal norms and values should be preserved because it is only such that can guarantee development, peace, security, poverty alleviation and rule of law. Thank you for reading this short essay. Taslim Anibaba(FCA) 13th December, 2005
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Posted by Robot| 13.12.2005 23:31