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Saturday, 5 August 2017
The UK: Asserting rights and affirming status by minorities in our courts
Tuesday, 7 January 2014
Nigeria: That Finance Minister and House Committee Meeting
Part 1
Part 2
Friday, 30 April 2010
The case for State law over religious guidance
In the light of the tussles between religious beliefs and civil obligations, I could not have wished for a better reference for legal opinion than one that was part of the rejection of an appeal based on a sacking the appellant believed was religious discrimination.
A marriage guidance counsellor with Relate [1] – a secular relationships guidance organisation – refused to offer counselling to same-sex couples due to his religious beliefs which were Christian in inclination leading to his being relieved of his duties.
The UK has seen a number of cases of civil servants refusing to perform their objective work functions on the grounds of it prejudicing their beliefs and hence withholding public services from people who do not seem to conform to their standards or moral values.
The gravitas of religious leaders contemned
In this case the former archbishop of Canterbury, Lard Carey even made representations to the Lord Justice on this matter and there has been a certain Christian persecution complex that has been gaining activist fervour with the subtext that Christians are no more allowed to express themselves with conviction – the converse of which is the appearance of prejudice and bigotry in Christian attitudes that are less than communal and inclusive.
Lord Justice Laws made some very far-reaching statements that could prove useful in dealing with religious laws in Nigeria whilst give all citizens equal access to a uniformly accepted set of laws dispensing justice and protecting rights without depending on any belief system apart from plainly being a member of that society.
The legal case is made for completely keeping religion out of State, civil matters and the law, the full text of this judgement should for all purposes be required reading for any student of law and I liberally quote from the statements made in the article as written in the Guardian [2].
Justice cannot be given a religious tint
He said, “Legislation to protect views held purely on religious grounds could not be justified, it is an irrational idea and it is also divisive, capricious and arbitrary.”
The Archbishop called for a special panel of judges with a "proven sensitivity and understanding of religious issues" to hear the case. He went on to say, recent court decisions involving Christians had used "dangerous" reasoning and this could lead to civil unrest.
This is not to suggest that the archbishop was intent on invoking a mob to run riot against judges that weigh the facts of cases before them objectively without the influence and prejudice of religious faith, but that could deny non-adherent justice if civil issues are adjudicated by a panel of clergy-like lords.
Uniform laws for all
The Lord Justice then went on to say, “We do not live in a society where all the people share uniform religious beliefs. The precepts of any one religion – any belief system – cannot, by force of their religious origins, sound any louder in the general law than the precepts of any other. If they did, those out in the cold would be less than citizens and our constitution would be on the way to a theocracy, which is of necessity autocratic.”
I do not think any stronger statement can be made for eliminating Sharia Law from being a part of the legal system in Nigeria on the basis that even in Northern Nigerian were the majority might be Muslim, all people do not share uniform religious beliefs.
"The law of a theocracy is dictated without option to the people, not made by their judges and governments. The individual conscience is free to accept such dictated law, but the state, if its people are to be free, has the burdensome duty of thinking for itself.”
Taking religion out of civil society
This is where it gets untenable, if the people are to be free, the state has to think for itself and not be bound by religious laws over which there can be no reasoning or it can be subject to malevolent interpretation in the hands of those whose religious influence might not necessarily be commensurate with the required legal training to administer justice fairly and honestly.
Whilst Lord Carey was at liberty to say, “The description of religious faith in relation to sexual ethics as 'discriminatory' is crude and illuminates a lack of sensitivity to religious belief.” It can also be said that religious faith that cannot comprehend or tolerate difference in humanity is insensitive and inimical to societal cohesion.
In essence, religion must well be kept in the religious houses where the people congregate for worship and where the 'religious' people mix with other facets of society the character, personality and quality of the person by reason of their beliefs should not be obvious; adequate discretion must be exercised as to what you have faith in.
Source
[1] Relate | About Us
[2] Christian counsellor loses court fight over sacking | UK news | guardian.co.uk
Tuesday, 13 November 2007
The Grand Old Duke of Pakistan
I love the English
The English can be so wicked; dressing up the most scathing criticism with the novelty of a nursery rhyme exemplifies that kind of pretend kindness that is equivalent of taking long knives in the back whilst seeing everyone smile at the event.
The debacle that Pakistan has settled into is not only puzzling but farcical; a tin-pot general who thinks his incumbency would be threatened by the judiciary imposes emergency rule and sacks the bench and puts his puppets on the bench.
Pulling all stops
He stops people from gathering to protest his megalomania as the constitution is caught between the limbo of being suspended and being the basis of the rule that is martial law in everything but name.
The election date became a moveable feast that moved from January to February and then back to January, but nobody is free to campaign for elections that would take place in less than 60 days if they do.
The khaki-thug who commands an air of grudging respectability from the West because of the perverseness of the war on terror might just find that his firstname Pervez is really a colloquial corruption of perverse as people get corralled into prison with impunity and house arrest orders get imposed and removed; the cordons and barricades swung in and out of place like a matador coaxing a bull – and I am in Spain – Pakistan might well run out of prison space as the brigands in police uniform mob the public with sticks and staves and slaps.
Drunk with intoxicating power
When he said imposing this rule which seems to have no focus apart from whims that seem to chart the course of a completely inebriated man on his way home in the witching hour was the hardest thing he had ever done – one can see how power-drunkenness that lead one to do foolish things.
However, enough of this and let us see how history would remember the Grand Old Duke of Pakistan and notice that history just has a way of repeating itself location not withstand – the similarities are left for you to note.
The nursery rhyme
He had ten thousand men
He marched them up to the top of the hill
And marched them down again.
And when they were up, they were up
And when they were down, they were down
And when they were only halfway up
They were neither up nor down.
This is as I remember it, we marched, stood up and sat down to the events depicted in the nursery rhyme none the wiser about the fact that we were making fun of an army general.
I would not pen the Pakistani version, there are literary proponents ad poets in that country better talented to give us a nursery rhyme that depicts the events in Pakistan today for posterity.
General Pervez Musharraf would be remembered well maybe not the way he would want to be remembered but that shows how much control we have of the present and none particularly of the future and history.
Preferences
Wednesday, 10 October 2007
The lion is the jewel - Wole Soyinka
The man over the boy
The contrast cannot have been any clearer as to see the HardTalk interview of the 1986 Literature Nobel Laureate; Professor Wole Soyinka by Stephen Sackur this morning putting the ordinary and lack-lustre Chief Ojo Maduekwe - the Foreign Minister of Nigeria in the shade.
It would contemptible to offer to compare these two personalities, but I was both pleased, impressed and proud to hear Wole Soyinka address the issue of his vocation and activism in relation to the politics of Africa.
It was also interesting that Wole Soyinka was not interviewed as a playwright on the sister programme HardTalk Extra, but on the substantive HardTalk programme with a live audience in Lagos that applauded at the end of the interview.
Nigeria is not a democracy
The Professor rubbished the context of Nigerian democracy highlighting the fact that the elections were seriously flawed and democratic institutions had been undermined by the executive in the tenure of the last President.
He was disgusted by the fact that political thuggery found expression and patronage from the ruling “democrats” but lauded the fact that despite repression and dictatorial tendencies the freedom of the press has been sacrosanct; maybe in another forum he can address the issue of quality.
Many would agree that it takes a special kind of temperament to get involved in Nigerian politics, even my foray into student union politics has taught me too much already – the Professor contented that he had a bigger forum with his work, writing and expression than to be subsumed into what is essentially a quagmire.
Complacency in Nigeria
He talked of his membership of a forum that is concerned about a creeping complacency and resignation to issues that have been abused in the country, especially that of the electoral process.
The fear is that many have placed their optimism for resolution in the future without really addressing the problems now. Another point he mentioned was that Nigeria is becoming a powder-keg ready to go off as people realise how resources are plundered to the detriment of others. The example he gave of shared poverty being a shared prosperity in Tanzania was quite an insight.
We should remember that the day before, the views of Wole Soyinka about the political situation were discounted by the Nigerian Foreign Minister, but it was Wole Soyinka that was invited by the US Congress to testify on the matters of the election.
A conflagration about to consume
In the end, the Professor is not advocating violence, his struggle is to bring the complete democratic process into all facets of life; but he also sees where resentment might eventually flare up into an unmanageable situation – our leaders need to take note of the fact that the people would only allow themselves to be taken for fools for so long after which, nobody knows what might really happen.
This interview was part of the BBC “Why Democracy?” season, it is a question that needs to be answered because like the Professor said, at independence, there was an aspiration and vision to bring radical change to Africa, all of which has floundered in the depictions that emanate from Sudan and Zimbabwe as the worst cases of egregious abuse of power in Africa.
Playing by the rules
Nigeria however finds itself in a situation where the rulers abuse the rules and processes with impunity and hubris, but we who seek justice and fair-play have to use the democratic rules of due process, the respect of the rule of law and an assuredly independent judiciary – impartial in its analysis, fearless in its judgements and courageous in debunking megalomaniac potentates.
From that point, Wole Soyinka represents a beacon of hope for Nigeria, he may never vie for President but he is a worthy president and representative of the hope and aspirations for a better governed and equitable Nigeria - He is the lion and the jewel [The Lion and the Jewel (1963) is one of Professor Wole Soyinka's best known plays] stating how precious democracy is to the real development of Nigeria.
It also means that those in power today might still be deprived of the mandate to rule if the electoral tribunal elects to invalidate the flawed elections of April 2007.
The interview (Real Media file, you can obtain RealAlternative [Link to executable] to play this back in Windows Media Player).
Wednesday, 2 May 2007
Turkey belongs outside Europe for now
Is this a democracy?
I have been watching events in Turkey lately and I think we can now conclude that it does not belong in Europe, it is best kept at the periphery of almost-European but never attaining the stature of a truly free society with European values.
Turkey is presumably a democratic country where a party with Islamic leanings holds the majority in parliament having been voted in by the people of Turkey.
The parliament exercises the right to elect a president who would in most cases be a member of the ruling party.
However, there is a fearful and uncomfortable undemocratic situation enveloping the country as certain vocal elements in the country try to derail the process in the name of keeping Turkey in its strict and suffocating secularist model.
It would make one wonder what the Turkish democracy is for and what the people of Turkey have required if the party they have voted into power cannot then exercise prerogative and privilege because some sections of society suspect the ruling party would de-secularise the country.
Protectors of democracy
Whilst the ruling party has had certain Islamist policies it has maintained if not protected the secularism of Turkey regardless of the fact that the wives of the ruling elite wear scarves.
This unholy alliance of undemocratic forces which now includes the opposition parties, the wayward army and even the judiciary have thwarted every attempt to present a viable candidate for the presidency from the ruling party such that the Prime Minister has now called for elections to be held on the 24th of June.
Evidently, it appears the Islamic party is keen on protecting the democratic credentials of Turkey whilst the opposition is keen on protecting the secularism of Turkey regardless of the harm it does to democracy.
Between democracy and the secularist dogma, democracy should signify in the most certain terms what the people want; even if it includes ditching the secularist millstone.
The power of democracy
It would be interesting to see the result of this election especially if the Islamist party is returned to power.
The pragmatism of the Islamist party is commendable; they have also suggested that the president be popularly elected by the people of Turkey.
In fact, one can say that only the Islamic party is able to make Turkey a European entity and without them, Turkey would continue to be a proudly backward-looking country with a weighty heritage of being hamstrung to secularism when in fact it is the fear of religion that has kept them from respecting the very basic tenets of popular suffrage and democracy.
For now, Turkey belongs outside Europe, way outside Europe for the foreseeable future.
References
Monday, 23 April 2007
Preparing for a one-party state
The numbers are dangerous
We can safely say that the numbers peddled as results of the Nigerian Election in 2007 would be the basis for a lot more than we reckoned.
Already, people are looking forward to 4 years time and I really think that is being naively optimistic.
The ruling party has just swept about 70% of the vote for both the Executive and Legislature which gives them the ability to enact incumbency laws, gerrymandering commissions and change the constitution probably without the help of any member of the opposition.
You only have to look at the type of person who is going to the Nigerian Senate, the son, the assistant to the son and the son-in-law of Chief Lamidi Adedibu, the stark illiterate and celebrated hoodlum from Oyo State.
It only takes one idiot to look at the might of the PDP to start advocating a one-party state and that would go through the House and Senate in a breeze; just like the incoming President was able to spearhead the institution of Sharia Law in his state and the follow-ons in other Northern States.
Our Mark of the Beast
If we do not sort out this charade that is masquerading as democracy now, be prepared to be a card-carrying member of PDP to get anything done in Nigeria. We would have signed up for the proverbial "Mark of the Beast" and there would be no April 2011 for multi-party elections.
Four years is a long time in politics and plenty of time for a overwhelmingly powerful party to subscribe to the cult of eternal incumbency.
The examples of lame oppositions are rife in Africa and Nigeria is about to join that list. Africa used to have the most one-party states most of which went into decline in the 1990s giving birth to pluralism and multi-party politics, but if the state apparatus is so engrained in the ruling party it would be impossible to effect change except through revolutionary means.
We might all read this in denial, but just as sure as night follows day, we are already on that slippery slope to a one-party state, it would take a seriously disciplined executive and legislature to prevent that, if the Judiciary does not rise to claim our democracy from the tyranny of megalomania.
If I am just being a Prophet of Doom, please forgive me.
Wednesday, 7 February 2007
Listing to the insignificance of the EFCC
The presumption of innocence
In a democracy one would expect the preponderance of the rule of law and in view of that due process that allows for the presumption of innocence until proven guilty.
Where legal issues are concerned, one would expect that mere accusations are quite below the threshold of any professional standard, especially, if those accusations are not converted to proper indictments and the accused is given the opportunity to defend themselves in the properly appointed forum.
This might be before a jury of their peers where appropriate, else the case prepared against the accused would just be argued before a panel of judges who with their expertise in the relevant jurisprudence would review the evidence and presentations adjudicating thereafter.
The expectation of due process
It is in the light of this that I have issue with the release of a list of 135 names of politicians by the Economic and Financial Crimes Commission (EFCC) in a letter to political parties about persons they deem unsuitable for office or rather should be ineligible to participate in elections through party representation.
This is completely wrong-headed, the appropriate agency to decide the suitability of any candidate for elections should be the Independent National Electoral Commission (INEC) or some appointed organ to screen, vet and approve candidates.
In September 2006, we were informed that 31 of 36 state governors in
A case of utter incompetence?
Prominently, a case was prepared against the Vice President who has had a protracted falling-out with the President, none of which has passed muster. It makes one wonder if the EFCC is completely incompetent in preparing cases that are presentable and acceptable to the courts considering the number of cases that have not progressed beyond indictments before high courts have quashed the applications.
Alternatively, there is a growing inclination to the idea that the EFCC has become an instrument of vindictiveness – a puppet of the President – to besmirch and smear anyone who has deigned to challenge the Presidency especially in that failed bid to gain a third term last year.
Generally, I have been of the view that Chairmanship of EFCC and the lines of reporting responsibility should be outside the Presidency and Executive arm of government and high up within the Judiciary, probably at the level of the Minister of Justice but appointed by the legislature on the advice of the judiciary rather than the executive.
The people
This is not to say that people on the list and many more surreptitiously and blatantly left out are not guilty of graft, corruption and probably murderous crimes, but they cannot be adjudged guilty until duly proven to be so, short-circuiting the process through letters of presumptive guilt is beneath contempt.
The way times have shifted in
It is seriously gratifying to see that the ex-President Ibrahim Badamosi Babangida had to pull out of the primaries for the presidency knowing momentum and wealth were not on his side to lead
Reforming the EFCC
Whilst the ideas and policies that lead to the formation of the EFCC are laudable and should be continued, I am not sure that the headship and direction of the organisation has been properly served by a junior functionary being elevated into the spotlight of gung-ho personality vandalism or character assassination, though some of the work of the organisation has been commendable.
The people who have plundered
We cannot have cases been ridiculed in high courts found wanting in necessary preparation to pass the scrutiny of aggressive legal examination and thrown out at the first hurdle – these matters are in need of better heads and hands.
As for the list, Nigerians would just have to decide – if allowed a free and fair election based on their ability to have registered properly – who is worthy of office, when evidently the detail of the cases against the listed cannot have been judiciously addressed in court giving them the opportunity to defend themselves or seek redress for possible defamation or libel before the elections in a few months time. This activity has been pre-emptively disingenuous and has done no one any good.