Saraki: “Remember, Remember, The 5th Of November” By Oluwatosin Fabiyi

Towards the climax of the movie ‘V for Vendetta’ – a 2006 pop classic set in a futuristic and dystopian United States – it was revealed that the Fingermen, a draconian secret police, were systematically persecuting political deviants and non-conformists. This big reveal was the catalyst and turning point for Evey – the movie’s protagonist – that led to her making a series of decisions that led to the domino-like crumbling of the villainous regime that was in place.

After all the hope and ample trust that Nigerians placed in the ruling All Progressives Congress (APC), it is troublesome to think that after many months of wrestling for the change that we recently attained under this government, questionable elements have shown by their actions that the jostle for power in the last elections was not to secure Nigeria from the failing status quo, but to subjugate the country and its citizens for personal gain – using any means necessary. If this situation continues, it can spell doom for the ruling party, the APC, and Nigeria’s judicial system as a whole.

The political dance of recent times – a tango of manipulative innuendos – has been controlled by the Machiavellian music of certain ‘rhythm-makers’ – scheming individuals, that have their sights set on the 2019 presidential elections. One of the victims of these machinations has been the Senate President, Dr. Bukola Saraki, whose emergence as the Number 3 citizen in the country has been met with obstacle after obstacle – a situation that has led many outside observers to believe that Saraki is being targeted by those who may wish to prevent his potential ascension to higher office.

In John Locke’s Second Treatise of Civil Government, Locke states that the sole aim of the “law is not to abolish or restrain, but to preserve and enlarge freedoms.” In this regard, to preserve and sustain our freedoms, the letter of the law must be safeguarded for both the small and the mighty; for both political conformists and non-conforming mavericks like Saraki, and; for friends and foes – regardless of the situation. Locke’s treaty tells us that to tarnish or taint the law in favour of an ulterior motive or goal – as the Code of Conduct Bureau and Tribunal (CCB/T) seems to be doing in the institution of Saraki’s case – is to restrict the freedom of a Nigerian citizen under our federal legal code.

A clear example of such a restriction of Saraki’s freedoms under the law can be seen in the method in which the CCT brought the case to his attention. The law demands that an accused person must be personally served with a summons from the CCB, and given an opportunity to respond to the allegations proffered against him or her. However, Nigerians have seen a situation whereby the Number 3 citizen of the country was served with a summons to a tribunal of our federal republic on the front pages of newspapers and the homepages of online platforms. Needless to say, this situation spells out to everyday Nigerians that if such an embarrassing handling of a fundamental legal precedent in the institution of a case can be meted out against the Chairman of the National Assembly – everyday citizens should be very wary of how they are treated in our courts.

Another cause of worry is the make-up of the tribunal that is sitting to adjudicate the Senate President’s case. WhereinSection 15(1) of the 5th schedule of the 1999 constitution states: “There shall be established a Tribunal to be known as Code of Conduct Tribunal which shall consist of a chairman and two other persons.” However, the tribunal that is currently trying the Senate President is only comprised of the Chairman of the Tribunal, and one Commissioner. Although the Court of Appeal recently commented on this issue, and ruled that the interpretation act duly addresses the composition of the court, many legal luminaries, like the former President of the Nigerian Bar Association, Olisa Agbakoba, have said that the split decision ruling of the Court of Appeal was akin to a negative rewrite of the Constitution of the Federal Republic of Nigeria.

With all of the blockades being placed on the judicial process – forcing the actual commencement of the case for the 5^th of November – the CCT and other relevant institutions must be aware that the whole country is watching. As it has been said recently, in the fundamental application of the law, justice must not only be done, justice should appear to have been done. Hence, a situation whereby Saraki’s case at the CCT continues – under its current uncertain and unsound legal foundations – Nigerians will begin to question whether the anti-corruption mandate that this administration was swept into office on is a crusade that is founded upon the legal backing of the law, or the selective tendencies of a few unnamed powerful men that are out to get their pound of flesh.  For this reason, as Saraki returns to the courts, no matter what side of our numerous political divides that we fall on, for the simple reason that there are inconsistencies present in the case, as citizens of this country, we must all be watchful and vigilant.

The 5^th of November will tell the true story of our country. The 5^th of November will tell us whether we are still a country of laws, or a nation governed by special interests. We must always remember that if the law can be maneuvered against a perceived political free spirit, then our laws our only tools in the hands of the few privileged few that wield our institutions of government as tools and weapons of their own discretion.

As we journey forward towards the Code of Conduct Tribunal hearing, we must all

“Remember, remember, the fifth of November”

When Saraki returns to the courts,

I know many reasons,

Why we must support Saraki this season,

So that our laws we do not distort.

-Tosin Fabiyi writes from Lagos. He tweets at @Hukyars. You can contact him at o.fabiyi@yahoo.com