By Sesugh Akume
When last year, the Benue governor, Fr Hyacinth Alia, violated the Constitution of the Federal Republic of Nigeria 1999, by sacking democratically-elected local government officials and dissolving their executive and legislative councils, in a bid to appoint illegal, unlawful, unconditional caretaker stooges, I went to court with simple, straightforward questions, and made specific prayers. In the matter of Sesugh Akume v Governor of Benue and 4 Others (MHC/346/2023), I asked the court to do its singular most important duty, and both uphold the Constitution and prevent itsabuse.
After numerous unnecessary delays, the case just stopped. Thejudge hearing the case, Justice P T Kwahar, eventually left the Benue judiciary. For the matter to be assigned since then to another judge to hear it has become another issue altogether. Thiscase has entered voicemail because the governor is involved. The signalling is that a governor is above the law, and can do and get away with anything.
In March 2023, the military attacked my community in Sankera (Benue). I reported it to the National Human Rights Commission(NHRC), whose job is to investigate the matter, make a determination, and get the offended justice. My prayers are very clear. The evidence is irrefutable. They refused to do it because the military is involved, and in fact, the officer handling it told me so. The signalling is that if you’re the military or of the military, you can do anything and get away with it.
I took the commission, the chair of its governing council, and executive secretary to court for refusing to do their job, and exposing me to all sorts in the process, in the matter of Sesugh Akume v National Human Rights Commission and 2 Others (FHC/ABJ/CS/1135/2024). The court gave the date to begin the case. They were duly served all court processes, but on the day of the hearing they didn’t show up, filed nothing, and the judge himself refused to hear the case and returned it for reassignment, possibly to another court. If you’re a government agency, you can do anything and get away with it, is the image this casts, and the government agencies get it.
There are many other instances but I’ll stay with these few, just for illustration purposes. Many others have worse stories to tell, and it’s no news.
The dictionary defines ‘the law of the jungle’ to mean ‘might is right’. The bigger, stronger, more powerful gets away with anything and dominates all others. It’s survival of the fittest. Humans too once lived like this until they agreed that we are not beasts and should have rules to regulate our societies and relationships with one another, therefore, the ‘rule of law’ which makes everybody subject to the law, no matter who they are, and none is above it. This, in contrast to beasts of the jungle, where the mightiest is the law themself, and can do and undo.
A zoo may be composed of animals of all kinds, some even wild, but is well regulated. Each animal species is in their own habitat and taken care of. On no occasion can another animal trample onanother or invade another’s space. It simply doesn’t happen. Even the strongest animals can’t just do anything they want. That is for a zoo, and these are animals in a regulated environment, not beasts in the wild.
Each one is to objectively take their pick and determine whether Nigeria is a normal society, a zoo, or a jungle. I don’t like lying to myself and have since taken mine. Take yours. On this issue of Nigeria, this, in my opinion, is where to begin. From a point of truth, and it’s okay for each of us to have our own truths.
Sesugh Akume, a public policy analyst, writes from Abuja.
