Ayo Salami: The Curse of Justice

Justice exists, like it or not. Never too far away, but mostly around court buildings, though she may play hard to get. Blindfolded, she clutches a scale in one hand. The other wields a sword. She is the archetypal symbol of a mind that brooks no bias, but is most impartial and fair. Whoever dreamt up this world class logo must have imagined a utopia where human beings would cease to be human: that is to say, crass, greedy, deceitful, selfish and conniving. Such a place does not exist; not on this side of reality anyway. Still, in spite of that, Lady Justice represents a tireless search for the ideal, for parity and excellence in human relations. Bottom line, justice is a human creation, or did you ever see two dogs going to some court over a bone or piece of crap? No. The stronger hound takes it. Case closed. So, having agreed that we are dealing with a human invention for dousing contention and enthroning equity in society, it stands to reason that different societies should have different models of what is fair and good for the maintenance of peace in their societies. The jury system of American courts illustrates this point in a fashion. It is no surprise then, that we have a Nigerian model of Lady Justice, decked out as it were in wrapper and head gear to match, though it seems as if her blindfold is always slightly askew. And so we come to the matter of Ayo Salami et al and the naked dance in the market place that has become the twit of the universe. (Yes dear, you may twit about this post too) Strange country we do have, yes. Dirty linen? Tell that to the hogs. Shame is on exile and disgrace has lost its odious value. Why did things get so bad, you might ask and my answer is, because we lost a sense of the sacred, that’s why. How is that? Rewind, please, to a packed courtroom in 1963 and a famous case of treasonable felony against a leading politician of the era and his close aides. Summing up his verdict on the highly contentious and explosive trial, the judge declared with every hint of sadness, “My hands are tied,” before delivering a sentence of ten years on the first defendant. Perhaps, it was a most injudicious admission of regret, an inadvertent and unwarranted admission of guilt for conniving with the powers that were. Well, that is how the teeming supporters of the politician (with the active encouragement of the more educated party stalwarts) saw it. In the heightened partisan climate of the times, this could arguably have been the case. But in the absence of any viable proof, the contrary and innocent meaning of that confession should apply: Sorry, I’m bound by the evidence before me to pronounce you guilty. Left unsaid, but sadly implied, were his potent partisan feelings for the first defendant. But you may tell that to the birds anyway: A lasting damage has been done on society and the judiciary has been the worse for it ever since. This is the lesson of that historical moment. Politics had invaded the scared chambers of justice and knocked its silvery wig to the ground. Of course, it’s ever so easy to castigate politicians for playing politics the only way they know how; like a wrestling or rugby match as opposed to a game of tennis. But only a fool would suppose that politicians dare not attempt to influences judges or that judges would never fall for the bait. In other, saner societies, everyone- journalists, politicians included- is wary of casting unproven aspersions against judicial officers. Now, the restraint in their attacks is not merely for fear of the legal consequences. Rather, everyone understands that the sacred trust of the judiciary is theirs to protect. The judiciary is very like a masquerade. There’s someone behind the fearful mask, not a spirit like children are made to believe. But sensible adults do not tell because, to disrobe the masquerade or reveal the identity of the masquerader is to destroy the very essence of the carnival. Ditto for Lady Justice. The blindfold has little or no meaning if we do not believe that the fair minded lady is not peering through the cloth. True justice rests on the people’s confidence in the judicial process. Take that away and the entire structure collapses like a sandcastle in the rain. For all the wounds that politicians and press thugs have inflicted on the judiciary, it is a great surprise that Nigerians still go to court for justice. Let’s “fast forward” now to the eighties, when a military despot with a Hitlerite moustache, tried to beat everyone into a disciplined line. His draconian rule saw to the swift sentence of a mouthy musician for the effrontery of having foreign currency in his pocket while boarding a plane for an overseas tour. Push the button again. One year later, the judge who administered the legal whiplash on the “currency trafficker”, is on a visit to a hospital where the mouthy musician is also a patient. He asks to commiserate with the sick convict. It’s a kindly Christian gesture to visit the sick, no? “E don’ beg me!” the Wild One reported days afterwards and a band of willing fans and sympathisers desiring to undo the great havoc wrought by the arch dictator with the Hitlerite moustache, play into the crafty hands of his gap-toothed successor. Without much ado, a judge of great standing is dismissed from office for no greater misdemeanor than paying a sick call. Well, if the politicians pulled the silvery wig off the head of a snoozing judiciary, the military men marched routinely on the esteemed head gear in a long parade that lasted fourteen years and more. One of them, a “phantom” coup plotter of those years, has been quoted as saying, “I know of judges who write two opposing judgments and keep both in their drawer for the highest bidder.” What greater insult can the judiciary swallow without blinking? Looking back, it was no surprise when Justices of the Supreme Court suffered the further indignity of bribery allegations en masse against their persons and offices. They were accused of favouring the Federal Military Government and receiving gifts of expensive cars as kickbacks in a case involving another weighty politician, who got a mandate he was never able to claim. Our egungun had lost its face in the market square. Whatever became of that bribery case, can anyone tell? Since then of course, the image of our esteemed judiciary has tumbled downhill, like one yeye ball, as that mouthy musician would love to sing, wey jus’ dey roll for one yeye corner…” As anyone can see, therefore, the Katsina-Alu/ Ayo Salami roforofo fight was a scandal just waiting to happen. The judiciary has been in a proper mess at its topmost chambers. Mouths agape, we watch without much inkling how to intervene as the controversy gets ever more contentious by the day. At stake here, is not just the pride or sensibility of any judicial officer but the sanctity of the hallowed institution along with the trust and confidence of the people. Many questions remain unresolved. Did Salami compromise his office as President of the Court of Appeal? Dis Katsina-Alu arm twist him for failing to toe some injudicious line on the Sokoto State gubernatorial tussle? Having gone to court to clear his name, could Salami function in one breath as a litigant for the same office? How would he relate with members of the Bench with whom he is yet in court? Having had the Senate approve the appointment of an acting President of the Court of Appeal, should not President Jonathan refer his re-instatement back to the Senate for re-approval? What happens to Salami’s case against the Judicial Council and the several litigations surrounding this messy matter? Finally, where do we place the organised rally in protest against his delayed re-instatement, with all the odious implications of that political stunt? Taking all of these in proper perspective, no one can blame President Jonathan for exercising caution on the matter. The president is very likely to seek every legal and political advice he can muster for the right and patriotic decision to take. Meanwhile, it behoves us all, judges, lawyers, journalists and politicians to shield the judiciary from further embarrassment. Like the distraught wives of a polygamist whose husband has run amuck, we must all put aside our petty differences and rally around to retie his loosened loin cloth. Indeed, the shame of our judiciary is the shame of every sensible citizen. The journalists among us must temper their pens and refrain from spreading unfounded and malicious gossip about judicial officers. As stated, we are not suggesting that judicial officers cannot err. Rather, journalists and their editors should put their investigative skills at work to unmask and shame those corrupt officers who are giving the Bench a bad name. Justice Ayo Salami must also weigh his position carefully and consider the role he may play to defuse the controversy generated by his face-off with the retired chief justice of Nigeria. When he was promoted to the Supreme Court, he rejected the offer and called it a “Greek gift.” After the shameful protest in favour of his re-instatement, how may we now label his recall? Poisoned Chalice? Will he feel proud to take back his seat after the appalling mudslinging match of the past year? It should serve him better to resign honourably now and fight to have his name cleared at the courts. The lady wields a double edged sword. It cuts both ways. That is the curse of justice. Like every fair lady, we may chase her and never catch her: to our disappointment. Take heart, Sir, and help save the institution to which you have given your most.