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SUNDAY MUSINGS: Nigerians are Still Unshockable and Unstoppable 

By Innocent Okon, Esq. 

It was Dele Giwa, the first Nigerian Journalist to be dispatched to heaven through letter bomb, that observed in one of his many unputdownable columns in NEWSWATCH Magazine that Nigerians are unshockable! In the intervention referenced, Dele Giwa highlighted myriad of socio economic and political issues that could breed civil unrest or its eldest uncle , revolution, in other climes which Nigerians had the capacity to ignore . And the elasticity to accommodate with equanimity and philosophical calmness!

Today , though History as a subject of academic pursuit doesn’t hold much attraction in the face of competitive Internet driven economy and social matrix, immutable lessons of history have refused to be consigned to the rubbish receptacle of history.

Everyday in Nigeria throws up actions and inactions that History had either taught us or forewarned! But sad to admit that as citizens and institutions, we have deliberately refused to learn , unlearn and relearn . This maybe the reason for this roller coaster journey of motion without movement.

The recent description of the judgement of a superior court of record by an Appeal court in Abuja as” the height of Judicial impertinence….(and) Judicial rascality” though not unprecedented, is a confirmation that an institutional pillar of democratic governance like the Judiciary is also unshockable !

The cause of this ” judicial impertinence” and “rascality ” may not be unconnected with what an eminent Jurist of the Supreme court, NIKI TOBI, once posited in his dictum in the celebrated case of BUHARI Vs YARADUA in 2007 thus :

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“I see from Exhibit EP2/34 the need for Nigerian Judges to maintain a very big distance from politics and politicians.

Our Constitution forbids any mingling. As Judges, we must obey the Constitution.

The two professions do not meet and will never meet at all in our democracy in the discharge of their functions.

While politics as a profession is fully and totally based on partiality, most of the time, judgeship as a profession is fully and totally based on impartiality, the opposite of partiality.

Bias is the trade mark of politicians. Non-bias is the trade mark of the Judge.

That again creates a scenario of superlatives in the realm of opposites.

Therefore the expressions, “politician” and “Judge” are opposites, so to say, in their functional contents as above; though not in their ordinary dictionary meaning.

Their waters never meet in the same way Rivers Niger and Benue meet at the confluence near Lokoja. If they meet, the victim will be democracy most of the time and that will be bad for sovereign Nigeria.

And so Judges should, on no account, dance to the music played by politicians because that will completely destroy their role as independent umpires in the judicial process.

Let no Judge flirt with politicians in the performance of their constitutional adjudicatory functions.

When I say this, I must also say that I have nothing against politicians. They are our brothers and sisters in our homes.

One can hardly find in any Nigerian community or family without them. There cannot be democracy without them and we need democracy; not despotism, oligarchy and totalitarianism. They are jolly good fellows.

The only point I am making is that their professional tools are different from ours and the Nigerian Judge should know this before he finds himself or falls into a mirage where he cannot retrace his steps to administer justice. That type of misfortune can fall on him if the National Judicial Council gets annoyed of his conduct.

Ours are not theirs. Theirs are not ours. I will not say more. I will not say less too. So be it.”

From the above forensic judicial report given 19 years , why should Nigerians be shocked over recent spate of judicial deregistration of Political Parties few months to national polls?

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