The former President of Nigeria, Goodluck Ebele Jonathan has warned that there are bizarre court judgments on political cases that may be threatening Nigeria’s democracy if the tide is not checked as quickly as possible.
The former President took time to address the gathering of lawyers who are members of the Bar and the Bench at a function in Abuja on Thursday, expressing concerns that Nigeria was the only country in the African continent and beyond struggling with the miscarriage of justice in their democratic journey.
According to him, there was a Supreme Court judgment that was harming the nation’s democracy and destroying political parties gradually, urging the Supreme Court to revert itself on the judgment.
Jonathan said, a judgment that allows “a political party ward Chairman to suspend the National Chairman of a party”, he said, can be the highest absurdity only in Nigeria and nowhere else, adding that he was lamenting this development because they were all gathered for the birthday of Prof. Mike Ozekhome, who is a Senior lawyer.
Jonathan said, “Well because Mike is a very senior lawyer. So, I know so many senior lawyers are here, both at the bar and the bench. So, on such occasions, we only use such platforms to pledge, especially those of us who are into the political environment, that the way things are going in this country, especially listening to the judgments being given regarding political cases, which Baba will not want to go in, but I can go in.
“We are beginning to see that democracy in Nigeria is like a cone that is being turned upside down. And if a cone, and you turn it upside down, and the top is supposed to be big, even if it’s a little roundish, and you manage to stand it, it cannot be so stable. With the slightest perturbation, it will fall.
“And when I listened to senior lawyers like Olisa Agbakoba, who was making comments on some Supreme Court judgments, I felt very sad that the country has gotten to that level.
“I’m pleased that if democracy will endure, the people both at the bar and the bench should not be carried away by political influence. That is the only way.
“And that is the only way we can stabilize the political process. I know the lawyers enjoy, during the middle of the election, the avalanche of litigation, because it’s like Christmas for lawyers. But most countries don’t go that way.
“It worries us. There is a particular judgment that has been hunting and I need to mention that, luckily I’m not a lawyer. I’m saying that from a layman’s view.
“Most very senior lawyers are here. That really turned the cone upside down. And if the courts don’t really look into this and rectify it, it will create so much instability in the political system that it will affect all of us.
“Even those who claim to have succeeded, their victory song will not last long, because we will all be victims. Where the courts say a ward chairman can expel a national chairman of a political party, this is not in line with national justice. The law is to control human behaviour, and human behaviour must follow our God-created systems.
“And you cannot tell me that a head of the department, for example, in a university, can expel the vice-chancellor. So how can the Nigerian laws tell me that a ward chairman can expel a national officer of a political party? And since that judgment has been given, it has created all kinds of instability in the party. In fact, my PDP is in crisis because of that judgment.
“People don’t go to courts. But in Nigeria, pre-election matters, and election matters. Feel all the courts.
“And this does not give a good sign for democracy. Comparing Nigeria to other African countries, and some countries outside Africa that have been able to get involved in the electoral processes. So, to me, it worries me.
“In fact, towards the end of this month, I’ll be going to Botswana. I want to go and see what others do. And you come back home and see what we do.
“I was also in a crisis because of that judgment. And I’m not looking at it from a legal perspective, because I don’t know anything about the law. But when I look at how nature works, I have never seen a system where a subunit can discipline the top.
“For PDP, of course, Baba knows, in the constitution of PDP, if a national officer, even in your state, cannot discipline you, not to talk about a ward officer that is not even a member of NEC, the National Executive Council. And we are saying that a ward chairman of a party can suspend and expel a national chairman of a political party. I’m pleading with the Supreme Court to review that judgment.”
Jonathan further urged the Supreme Court to tidy up that aspect of judgment in order not to destroy the structure of political parties.