NIGERIAN YOUTHS HAVE BEEN DOCILE FOR TOO LONG, SAYS LAGOS LAWYER, UBANI
Being a text
delivered on December 10, 2019 at the Annual Lecture of NBA Lagos Branch.
My commendation goes to the Key Note Speaker Prof Chidi Odinkalu. Having read his paper sent to me two days ago, I adopt same as mine but I have few words which I have put down in writing to add to the discourse.
The truth of the matter is
that Nigerian youth have sat down for too long and need to get up, stand up for
their rights. The Nigerian youths under the new dispensation are endangered species,
they are buffeted right, left and centre. It is either they are arrested and
flung into long detention by both States and Federal government authorities or
that the government of the day is enacting laws through the legislative
assemblies to permanently shut their mouth up in the name of regulating the
social media space. If you are in doubt about how serious the onslaught has
become, the event of last Friday where a youth in the name of Yele Sowore was
wrestled to the ground in the court room in the full glare of the world as shown
in the social media should get you convinced that a full blown war has been
declared against the youth of this country.
Every new government in
Nigeria comes with mouth watering promises which hardly get fulfilled. The new
government in place came with the kind of promises that even the devil would
have been convinced except some few angels who kept warning that the leopard
cannot change its skin. Having been elected and they fell short of expectations
including the display of executive recklessness, criticisms came in torrents. Comrade Yele
Sowore called for a revolution which the government of the day equated to plan
to overthrow the elected government of President Buhari. He has been arrested
since August this year and kept in perpetual detention while they have
flagrantly disobeyed the orders of the court to have him out on bail. He was
re-arrested in a most reckless manner last Friday a day after they have
grudgingly released him for just for 24 hours. They forced their way into the
court room in utter contempt , violated and desecrated the hallowed temple of
Justice in the most violent and repulsive manner ever in the history of
disrespect to the judiciary.
The same way, Abubakar
Idris popularly known as Dandiyata, a lecturer at the Federal University,
Dutsinma Katsina, a critic of the APC was sent to jail for daring to speak out
to challenge the government of anti-Peoples' policies. Agba Jalingo is spending
over 3 months in detention at the pleasure of the governor of Cross River
State, Prof Ben Ayade for daring to demand the whereabouts of about 500 million
Naira the said governor was alleged to have used to birth a micro finance bank
that is presently not functional. He was charged among others of the offence of
planning to overthrow the State Government of Cross River State. Imagine such a
charge? The most absurd is that masked witnesses who will testify behind
curtains in the court room have been lined up for the trial. Meanwhile all attempts
to have him on bail have been resisted by his persecutors and the court seems
to agree that he does not deserve bail. We must not forget that other youths
like Steven Kafeson, Jones Abiri are all in different prisons across the
various States in Nigeria for writing or speaking against the government at the
various States and at the centre.
No one is spared, no one
is free. The human right community is clearly under heavy watch and threat. For
some of us we are barely being tolerated. I was the guest of EFCC for 23 days
recently. Chief Mike Ozekome SAN, the "Eze Gburugburu of Ndi Nigeria"
(the title I gave to him) is my able lawyer who took measures that I will
treasure the rest of my life to ensure that my rights that were violated got
redressed in the court of law. Our Femi Falana SAN, I call him my worthy mentor
and big uncle decried the criminalization of a matter that was purely civil
between me and them. He spoke out openly in the day, in the night I was called
out and asked to be released. I turned down the offer, requesting that I would
rather come out in the morning rather than coming out of detention by the
ungodly hour of 11 pm.
My experience in there, I
will treasure the rest of my life. When I became downcast, it took the soothing
words of Femi Falana SAN when he came visiting that he could remember when and how
he spent 10; months in prison in the North. At that time I was already spending
18 days and feeling as if I have spent years but by the time I heard the
testimony of FF SAN of spending 10 months in prison, I knew that I had better
brace up for a long haul. I became strengthened when he left because I resolved
that if he could spend 10 months and came out alive and he is today one of the
leading human rights lawyers in Nigeria, I need his experience both
theoretically and practically to appreciate the benefits of freedom and how to
intensify myself imposed task of liberating people from the shackles of
oppression and illegal detention. It was a big resolution for me especially
when I saw so many young men who are thrown into long detention by the agency
on the allegations of cyber crimes. I met some who had been there for the past
three or 4 months without any arraignment or bail.
I saw firsthand how the
judiciary is being used by the agency and this is applicable to DSS, police etc
to violate the rights of the citizens.
These agencies go to the
court and obtain ex parte orders to detain citizens beyond 24 and 48 hours,
extending them to some 14 days, 20 days or 30 days depending on the number of
days that suit their fancy. These orders obtained exparte are usually not
communicated to the defendants in question. Perhaps you are only made aware if
your lawyers commences action for the enforcement of your rights in court and
it is at that point they will file a counter affidavit informing the court that
they have earlier on obtained a court order to detain that individual beyond
the time constitutionally guaranteed. This is clearly unfair, inhuman and
wicked and should be discouraged.
My prescription on this is
that the courts should refuse any such ex parte application that seeks to
elongate the detention of a citizen beyond the timeline allowed by the
constitution which is usually 24 or at maximum 48 hours except the defendant
should be put on notice. This should be the minimum standard. However wherever
the court is satisfied that the exigencies of a particular case will not permit
the luxury of putting the defendant on notice and is minded to grant such ex
parte orders, the Court should and must give an ancillary order that the ORDER
OF THE COURT MUST BE SERVED ON THE DEFENDANT IMMEDIATELY TO LET HIM OR HER BE
AWARE THAT HIS OR HER DETENTION IS BEING EXTENDED BY AN ODER OF COURT AND THIS
WILL ENABLE THE DEFENDANT TO TAKE STEP OR STEPS TO HAVE THE ORDER REVIEWED OR
SET ASIDE FOR SOME VITIATING FACTORS.
I have dedicated myself to
ensure that we change those laws that give the prosecuting agencies the
unfettered power to approach the court and obtain ex parte court orders with
which they violate the rights of the citizens especially the youths.
Before I conclude let us
ruminate on these historical facts concerning the political rights of the
youths.
The youth have not always
been on the periphery of Nigeria’s political landscape. In fact, Nigeria’s
independence from Britain was won by the likes of Nnamdi Azikiwe, Mbonu Ojike,
Obafemi Awolowo and Anthony Enahoro who utilized their youthful exuberance to
agitate for Nigeria’s emancipation from colonial exploitation in the 1930s,
1940s and 1950s. Upon this independence, youths were immediately propelled into
political leadership positions across the country. Remarkably, Mathew Mbu,
Mbazulike Amechi, Maitama Sule and Shehu Shagari became cabinet ministers in
their 20s and 30s.
Nigeria’s first democratic
experience would be brutally cut short by a military coup d’état in 1966, but
even that ushered in 6 (out of a total of 8) military juntas that were led by
generals in their 30s and early 40s. However, the marginalization of the youth
in Nigeria’s political space can be traced to this era of military rule.
Many of the officers who
held sway in that era have refused to pass the baton and leave the scene. They
have recycled themselves from soldiers to politicians and from kingmakers to
the so-called elder statesmen whose approval and blessings must be sought
before one can aspire to occupy any political leadership position in the
country. The likes of Olusegun Obasanjo, Ibrahim Babangida, Abba Kyari and the
incumbent president, Muhammadu Buhari, are still very relevant decades after
their heydays in military fatigues. General Gowon was 31 years when he became
the Head of State in 1966, General Murtala Mohammed was 37 years old he
overthrew the government of General Gowon in 1975; General Obasanjo was 39
years old when he succeeded the government of Gen Mohammed that was cut short
by military coup d’état. Major General Muhammadu Buhari was 41 years when he
sacked Shagari's regime and took over. He is back and still at the saddle at
his 70s. Major General Aguiyi Ironsi was 42 years old when circumstances
entrusted leadership on him in 1966.
While nations that
understand the times are electing young ones to take over the running of their
countries, Nigeria's leadership architecture is peopled with old men and women
all over. I think we have an ambassador who is in his 90s and in a country
where our foreign policy is critical for our survival as a nation. If not for
time constraint I would have read out the average age and countries where young
ones are holding sway, piloting successfully the affairs of their countries.
Please permit me to quickly do this with some countries and I will round up, I
promise.
Just yesterday Finland
elected the youngest Prime Minister in the world presently. She is Sanna Marin
who is just 34 years. Ukairian Prime Minister was elected last year at the age
of 35 years. North Korean Leader KimJong-Un succeeded his father at the age of
36, El Savador elected their president early this year who is just 38 and New
Zealand Prime Minister is only 39 and she is a woman. Just do the mathematics
and tell me the average age of these world leaders. This is the new way to go
as the world plans leadership succession in such orderly manner over to their YOUTHS
to keep the world safe and better. The Nigeria's and America's examples are
exceptions rather than the rule. You can also see their leadership style which
is full of aberrations and apologies.
CONCLUSION
The Nigerian youth should
really stand up to be counted as regards their political and fundamental human
rights. They should refuse to be accustomed to the gross violations of their rights;
they have intimidating demographic credentials that they can use to their
greatest advantage. They should insist on the application of the fundamental
objectives and directive principles of state policy and the fundamental human
rights provisions in our constitution. Let them resist the passage of the
Social Media Regulation and the Hate Speech Bills as that will really curtail
their freedom of expression over the governance of the country. They must also
insist that the government of the day at the executive level should and must
respect other arms of government and must not desecrate our institutions like
the judiciary as that will otherwise destroy the very fabric of the country.
Ladies and gentlemen this
is my little contribution to this discourse on this auspicious occasion of
celebrating the Human Rights of citizens in the world. I thank the organizers
for inviting me to share this podium with these great giants and patriots in
Nigeria. The pleasure is certainly mine.
· - Monday Onyekachi Ubani, a Legal
Practitioner and Human Rights Crusader is a one-time 2nd National Vice President of the
Nigerian Bar Association.
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