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My Lord’s
Gavel
By TONY IYARE
Justice Chukwudifa
Oputa is arguably one of the most respected minds ever to adjudicate
at the Supreme Court. A man of integrity with profound knowledge
of law in the mould of the English icon, Lord Denning. Oputa is
one of the most intellectually gifted to have operated at the apex
court. Like Archbishop Desmond Tutu who had the enviable task of
steering the post apartheid Truth Commission in South Africa, Oputa’s
appointment to head the Human Rights Violations and Investigations
Commission HRVIC was a welcome relief.
It brought some
succour to those who suffered infringements on their rights particularly
under the jackboots of successive military governments in the country.
He has tried to live up to his image of a no nonsense judge. I do
not know whether Justice Oputa is fond of pets like late Justice
JIC Taylor, an incorruptible judge whose abode was fortified by
ferocious looking dogs. You didn’t need to border getting to him
talkless of attempting to influence his judgments. In times like
this Justice Oputa, may need more than dogs to keep his integrity
intact which is daily being battered by some former heads of state
who have failed to heed the summons of the commission. Generals
Muhammadu Buhari, Ibrahim Babangida and Abdusalami Abubakar have
been summoned many times to appear before the commission to personally
defend themselves but prefer to treat the commission with levity.
The three generals are wanted in the witness box for different reasons.
While Babangida
was summoned to appear in respect to the killing of former Editor-in-Chief
of Newswatch, Mr Dele Giwa, Buhari is expected to explain his role
in the abduction of former Minister of Transport in the Second Republic,
Alhaji Umaru Dikko. Gen Abubakar on the other hand seem to carry
a bigger chunk of the chunk. He is to respond to charges bordering
from fiddling with soldiers pay, to underhand financial deals, concealing
his alleged role in the 1997 coup and complicity in the death of
Chief Moshood Kolawole Abiola, acclaimed winner of the June 12,
1993 presidential election Much as the generals try to speak through
their counsels the populace is livid with anger that the generals
are merely enjoying a game of chess. Apart from mild appeal to the
former heads of state to respect the summons of the commission,
the generals have merely carried on as if the commission were a
non event.
Although the
Oputa commission has the power to issue bench warrant against any
witness flouting its orders, it has elected to treat the offending
generals with kid gloves. That’s why Justice Oputa has to act fast
to redeem his image as a forthright judge by making sure the generals
appear personally to respond to charges against them. The choice
of not showing up would not only dent the image of Oputa but would
erode the credibility of the citizenry on the commission. Like the
Nigerian Bar Association argued at their last convention in Calabar,
the non appearance of these generals would have fundamental implication
for the judiciary in the country,. If the courts cannot bring the
rich and powerful to justice, it would have completely lost the
moral battle to equally bring the poor and down trodden of our society
to justice. Besides the generals are carrying on with utter contempt
for civil society. It has hardly dawn on these men of yesteryears
that Nigeria cannot be governed the old way.
For now the
waiting game continues whether Justice Oputa will bang the gavel
and give the offending generals the edge of his tongue.
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