TheNiche on Sunday www.thenicheng.com
July 6, 2014
No more immunity with impunity
REMI SONAIYA, retired professor of Foreign Languages at Obafemi Awolowo University, debuts her observations 'Words and World'.
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mmunity. Noun: 1. The ability of an organism to resist a particular infection or toxin by the action of specific antibodies or sensitised white blood cells. 2. Protection or exemption from something, especially an obligation or penalty. Impunity. Noun: Exemption from punishment or freedom from the injurious consequences of an action. The word “impunity” has been ringing in my ears for some time now, specifically since the day I went to collect my permanent voter’s card from the Independent Electoral Commission (INEC) office on Hezekiah Oluwasanmi Road, in Ile-Ife. I was ushered into the collection room, and seeing that the lady in charge was alone, I thought it was going to be a snappy affair. But just then, another lady, equally an employee of the office, came in, and the two began a conversation in Yoruba, which I translate below: So, have you tried on the pair of shorts you bought yesterday? Yes, but it felt a bit tight; maybe you’ll get me a bigger size. Don’t worry, it usually expands as you keep wearing it. Are you sure? I don’t want to wear it and have you refuse to take it back if it still doesn’t feel comfortable after a while. I’m telling you that it will expand. Shebi we’re both about the same size; that’s what I use too. In fact, I’m wearing one right now. (She raises her skirt to reveal the pair of shorts.) At that point, I break into their conversation, asking why they could not defer it until after I would have been served. The madam in charge was livid: “So,
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because you are standing there, somebody will not talk again? Are you God? Ah-ah, come and hear this woman o!” I could not believe my ears! I just stood there, in complete bewilderment, wondering what has become of us as a people… There does appear to be a growing culture of impunity in the land, for cases like the one just recounted are bound to be occurring daily all over. We are building for ourselves a world in which people believe they can do exactly as they please, without fear of any kind of negative repercussion, and one is bound to wonder what has led to this strange development. For instance, I understood the decision by the Federal Road Safety Corps to impose new vehicle number plates on us at such an exorbitant cost in terms of impunity: impunity says, “I have the power, by virtue of the position I occupy, to take this action, and I need fear no repercussion. I am immune from any penalty whatsoever.” Needless to say, this is a most dangerous kind of world for a society to construct for itself – a world without accountability, where those in positions of authority believe themselves to be immune to public opinion, which they consider as an infection or a toxin against which they have been effectively vaccinated. This is dangerous, particularly because of the trickledown effect of such a state of affairs. I strongly believe that the citizens very often take their behavioural cues from their leaders. If they see themselves being exploited at will, if they witness criminals receiving official pardon and wrongdoers being shielded, then at every level, from the offices to the markets, such patterns of behaviour begin to evolve. This is why leaders are so important. Nigerians would do themselves a world of good if
they begin to demand accountability from their leaders. Removing the privilege of immunity from prosecution would be a step in the right direction, just as the members of the on-going National Conference have recommended. The immunity provision could have worked in a world where those in leadership recognised that they occupied their positions in trust from their people and were mindful not to betray it in any way. Unfortunately, that has not been the case with us. Now, the land is terribly polluted and is in need of cleansing. It should no longer be acceptable to us as a people, for example, that an offender would continue to sit in the National Assembly with impunity, making laws for the rest of us, merely because he – or she! – enjoys unwarranted immunity. As we look forward to the elections next year, and even to those that are around the corner, like in Osun State, would it not be wonderful if candidates would emerge who would truly commit themselves to being held accountable for each and every action or inaction? Imagine a world where those in authority would openly submit themselves to the rule of law. Or, more incredibly, imagine a world where the President or a Governor or Minister would call a meeting for a specific time and would actually be the first to arrive at the venue! Or, should he or she be constrained to arrive late, it would be just a few minutes and apologies would be tendered. Imagine the positive trickle-down effect that would have on the nation, and how much time we would suddenly gain if we no longer have to waste hours waiting for every VIP to arrive before we can commence our meetings. Imagine a world in which immunity and impunity in public life are no longer part of our sad experience!
Implications of Umeh’s Court of Appeal victory
By Stan Okeke
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he jubilation, the excitement, relief, the joy and hope that greeted the Court of Appeal judgment that, for the umpteenth time, pronounced Chief Victor Umeh as the National Chairman of All Progressives Grand Alliance (APGA), was unprecedented. Not only did the judgment put a final seal to the over- zealous ambition of people who wanted to dubiously claim the leadership of APGA, men who lacked merit and had zero leadership qualities, it also put to shame the powerful clique who clandestinely supported Maxi Okwu and his co-travelers, to assumed leadership of the party. The judgment also proved that some of the things that are ever constant in life are truth and forthrightness. The long drawn battle to unseat Victor Umeh as the National Chairman of APGA, is a laughable story that should be left for another day. Umeh, as National Chairman of this great party, has led it to numerous political battles in Anambra State and the party and at every stage, came out victorious. This was too much for those plotting his fall to bear because, as far as they were concerned, the political history of Anambra State was being re-written in favor of this political colossus. During Peter Obi’s battle to restore his mandate stolen brazenly by the dark forces in Anambra politics, Chief Umeh stuck out his neck and at every point of the court cases, played very vital and critical roles that restored the Obi mandate. In Imo State, Umeh personally led the onslaught of Operation Capture Imo State during the 2011 General Elections, at the end of which APGA convincingly won the state. In addition, Umeh led the Party to win one Senatorial Seat, Seven House of Representative Seats and Thirty-two House of Assembly Seats! At that time, Rochas Okorocha, who today prides himself with being the “shining light” of APC in Imo State, came cap in hand, pleading with Chief Umeh to afford him the APGA ticket to run for the Imo State gubernatorial election. He got the ticket and what later followed is history. When he started
claiming that Umeh never helped him to achieve his gubernatorial ambition, not many were surprised, knowing his political antecedents. Okorocha, in joining APC, claimed that the party was the only one that can afford us Igbo presidency. Today, he cannot come out to say that even as small as an executive office in that party, is good for Ndigbo. In all these instances mentioned, what did Umeh get? Ingratitude, treachery, blackmail, backstabbing and wicked lies all in a bid to throw him out as APGA National Chairman. He fought battles, both legal and personal, simply to prove that no weapon fashioned against him will prosper. He did all the needful to ensure that, in keeping with the wishes of the leader of APGA, Dim Emeka Odumegwu- Ojukwu that the party remains a force to be reckoned with in the political equation of the country. What he got was several plots from unexpected quarters to rubbish him. He kept his cool and continued delivering victory after victory for APGA in Anambra State and beyond. In the declaration of the Court of Appeal, Abuja Division, that Victor Umeh is the authentic National Chairman of APGA, that Alhaji Sani Shinkafi remained the National Secretary, the Justices in making these affirmations, unanimously agreed and ruled that Justice Abdul Kafarati of the Federal High Court, Abuja, had no jurisdiction on a matter the Court of Appeal, Enugu Division, had earlier given an emphatic judgment. In setting aside that questionable judgment, the Three-Man Panel of Justices, strongly criticized Kafarati for giving such a judgment and held that he erred in law by assuming jurisdiction over the case. In an obviously damning judgment passed on Kafarati, who has overtime been notorious for giving very controversial judgments to politicians, the Appeal Court Justices held that Maxi Okwu, who instituted the case before the Abuja High Court, had no locus stand, having been expelled from APGA and was no longer a member of the party. Justice Tani Hassan, who read the lead judgment declared thus: “I also uphold the 12 grounds of appeal brought by the appellants. The trial judge, Justice Abdul Kafarati, should not have assumed jurisdiction to entertain the suit when there is a
subsisting judgment of the Court of Appeal, Enugu Division, which voided the ruling of Justice Innocent Umezulike of the Enugu High Court”. This is instructive, especially that all the 12 grounds of appeal by Chief Umeh were all upheld. This Appeal Court victory is to tell those members of the APGA family, some shameless shenanigans that called themselves elders of the party, the pretentious wolves in sheep clothing, those who pretended to be on the side of equity and justice but were indeed on the side of infamy, that there is God and that no matter how you stand the truth on its head, it will eventually stand to be counted. No matter their political calculations and unfortunate machinations, they have failed and have all been put to shame. People didn’t know the extent some of these uncharitable party members went, all in their bid to unseat the APGA National Chairman. At a stage, the matter in court was no longer between Victor Umeh and Maxi Okwu, but between Umeh and those hawks in the party. Unbearable lies were told against him, things he never imagined or dreamt of and were all orchestrated by his brothers and people he fought for and stood by in all their struggles. So laughable was what went on that at a stage, nobody understood what was going on. For instance, it is unthinkable that Chike Obidigbo was so carried away by his inordinate ambition to be governor that he allowed himself to be used for such a failed project, and was milked dry by those prodding him on. We are told that for these hawks to get to his pocket, all they needed to do was to bow before him and call him, “Your Excellency, the governor-in-waiting, and the deed is done! Having once again come out victorious, Umeh has extended the olive branch to members of the party who fought him from behind, advising them to come forth and sin no more, so that together, they would deliver a formidable party to Nigerians, particularly, Ndigbo. • Stan Okeke is the Special Assistant, Media, to the National Chairman of APGA, Chief Victor Umeh.