By Biko Agozino
In rationalizing his suspension of the Chief Justice of the
Nigerian Supreme Court, President Muhammadu Buhari stated without explanation, ‘This
is an existential policy’. What is the ‘this’ referring to? Within the context
of the speech, he could be referring to the fight against corruption as a fight
that must be won if the country must continue to exist. However, since
corruption is found in every existing country, it is doubtful that fighting
corruption alone could be ‘an existential policy’. Perhaps, Buhari’s speech
writers were giving us a hint of his ideological or philosophical orientation
by invoking existentialism to define the man and his policies as guided by the
fear of the end of existence. What is existentialism?
Existentialism is the European belief that existence comes
before essence. A country exists before the essential policies of the country
can be shaped and implemented by individual social agents. An individual exists
before the subjective opinions of the individual can be interpreted by other
individuals. Existentialists, therefore, see the world as absurd in the sense
that the actions of individuals or the policies of nations do not always make
rational sense especially when such actions and policies go against the
interests of the actors or policy-makers. Existentialists wonder why some
policy-makers pursue goals that may threaten the existence of the nation state
or why some individuals indulge in actions that would harm them personally even
while experiencing thrill, angst and dread about the consequences?
It is probably flattering to suggest that Buhari is
philosophical in any sense of the term but his speech-writers may be
individuals who strongly believe that what matters is the existence of
political power and not the essence of good and evil policies. The speech-writers
are indicating the obvious existentialist dogma that what makes a person like
Buhari is the past existence of the individual and Buhari, having been a
dictator in the past, is bound to continue existing as a dictator; irrespective
of the essence of the present presidential constitution. It is possible that if
Buhari understood this self-mocking implication of the concept of existential
policy, he would fire the speech writers with what he called ‘alacrity’ in his
judge-jury-executioner speech.
Buhari wants us to believe that he was only obeying the
order of the Code of Conduct Tribunals by suspending Chief Justice Walter Nkanu
Onnoghen and replacing him with an interim Justice. Critics shout that coming
only weeks before a presidential election, Buhari is trying to hedge his bets
that the election results may be determined by the Supreme Court. Thus, appointing
an interim Chief Justice who happens to share his own religious affiliation,
ethnicity, and regional origin on the existential ground of being the next most
senior Justice of the supreme Court, is just what it is, neither good nor evil,
according to existentialism. Being, perhaps, the only Supreme Court Justice
with a doctoral degree and having been a Justice of the Sharia Court of Appeal
in the past are just existential facts that should not be confused with the
essence.
The essence of the policy of rule of law is that the
suspended Chief Justice remains innocent before the law until proven guilty.
The allegations against him are heavy and if found guilty following a proper
investigation and fair trial, Buhari is right that he should not return as the
Chief Justice because no one is above the law. However, if the Chief Justice is
proven to have been corrupt, it is likely that the Associate Justices of the
supreme court share in his guilt.
Unknown to Buhari’s speech-writers, it is not
the Chief Justice alone who determines cases that come before the court and so
if people suspected of corruption have been freed by the Supreme Court on ‘mere
technicalities’ as alleged, is there evidence of dissenting opinions and
concurring opinions to show how the Chief Justice could over-rule the jury of
his peers?
By the way, the Supreme Court usually considers ‘mere technicalities’
or points of law and not the facticity or substantive evidence that may have
been examined by the court of first instance. The rule of law uses such ‘mere
technicalities’ to ensure that it is better for ten guilty persons to escape
punishment than for one innocent person to be punished. Nigerian courts may be
corrupt but they are clearly more accountable than the legislative and
executive arms of government perhaps because of the relative security of tenure
that should not be undermined.
If all judges are tainted in Nigeria, as many suspect, then
where would the country find the angels to preside over court cases under a
corrupt neocolonial regime? Kwame Nkrumah also removed the Chief Justice of Ghana
from office after people suspected of plotting to kill Nkrumah were acquitted
by the apex court. Buhari points to undeclared assets worth millions of dollars
that the Chief Justice himself admitted that he mistakenly did not declare or
failed to declare correctly and the postponement of the National Judicial Council
that could vote to suspend the Chief Justice. Critics say that if the same
existential policy is applied to Buhari himself and to his nepotistic appointees,
there would be a government shutdown in Nigeria.
One of the greatest weaknesses of existentialism as a
Eurocentric philosophy is the over-emphasis on the individual who interacts
with other individuals in arts and philosophy. Greater attention to the
structure of an unjust society would need to go beyond existentialism and
individualism to address the on-going generational ethnic-religious-gender-class
struggles.
Buhari must be commended for fighting corruption but he must be
reminded that he cannot fight corruption by targeting individuals who may not
be loyal to him while turning a blind eye to his cronies. His existential
policy of giving more to areas that gave him 95% of their votes and less to
those who wisely gave him 5% of their votes with knowledge of his unrepentant
chauvinism may not be challengeable in corrupt courtrooms but voters still have
the limited power to hold the politicians accountable to some extent if they
bother to vote.
In the final analysis, it is not the law that will determine
the nature of the society; it is the society that will determine the nature of
the law in Nigeria. So long as Nigerian politicians and the masses refuse to
address historic wrongs done with the support of the law against millions of
the people in the past and the present, for so long will the existential policy
of fighting corruption remain a smoke-screen. Buhari does not need the Supreme
Court or the Code of Conduct Tribunal to order him to apologize to the survivors
of the genocide that he helped to lead against the Igbo in Biafra, of which he
was reported as saying that he had no regrets and that he was ready to do it
again.
Nigeria should offer reparations to the survivors as recommended by the
Justice Oputa Commission of Inquiry on Human Rights Abuses in the country. Many
survivors of other tragic wrongs in the country have been offered some
atonement but not the Igbo who still feel unwanted by a country that dreads
letting them go to build their own nation. There is no need for a court order
before the politicians wage a war against intolerance, illiteracy, disease, and
poverty in the country in concert with other African states towards the Peoples
Republic of Africa in which no existential individual will be able to impose
his free will on the masses ever again.