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Thursday, Sep 09th

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That Bode George & the NPA Crew decision

The news that Bode George went down for 2 years, along with a few good friends, on conviction of corruption charges over N85bn worth of NPA contracts did not make much impact with me than the photographs taken in court.

I immediately remembered some game we used to play as children which carried this article’s headline somewhere during the game. Who stole the meat from the cooking pot? Who, me? Yes, you! Couldn’t be! Then, who?

For a man of such high standing in Nigeria, Bode George was regarded as one of those, Eliott Ness’ men, an untouchable.

Military background, friend to the President, Party stalwart and all round Commodore-Get-it-done.

One must view this judgement with great apprehension. Is this the turning Point? Is this the point where the judiciary begins to assert its independence and pronounce judgements that are seemingly correct, in the eye of the non-defendants, and with consistency?

The Constitution, Law, Order and Justice combine to provide a democracy with solid foundations. The Nigerian Judiciary has often exposed itself and the professionals within to public ridicule. Sometimes when they seem to get it right, someone within rises and stresses the need to look silly and reverses a decision.

Rightly or wrongly, the fact that a Bode George can have a decision on corruption charges go against him in Nigeria is something to behold. Moreso than any previous decisions to do with election reversals usually involving players who emerged from obscurity.

Tipping point for the judiciary or Turning Point for the nation? That is the question once again.

The Lawyers & The People

The legal profession is also once again under scrutiny. Nigerians are skeptical about the recent judgement against Bode George. Many believe Bode George will not serve any of the 2 years he was sentenced to because, wait for this, there ‘are crooked lawyers’ who will defend them and or represent them during an Appeals process.

What is a client to do? If the public have determined you are guilty before your trial commences, you might as well forget hiring a lawyer and/or all lawyers should refuse to represent you because the public believes you are guilty anyway.

What is a lawyer to do? Entry into the legal pros=fession like any other is for the development of a career, sometimes with specialization, and watching the clock for payday like anyone else. Lawyers get paid to do a job, hopefully successfully, like everyone else.

One of the most ridiculous and common questions I have heard is that which questions why Senior Advocates of Nigeria (SANs), the equivalent of the British QC, take cases that the public feels are ‘morally wrong’ to take?

Whilst lawyers may turn down the opportunity to represent any individual on moral. Ethical or professional grounds, that decision is totally subjective for the lawyer and not as a consideration for what the public thinks.

Backstory

A friend of mine walked up to me a number o f years ago, about 5, saying he was going into a new venture to hold seminars for the ordinary Nigerian (non-legal professional) on what Lawyers do.

‘Wetin dis Lawyers dey do sef’ is pidgin English for ‘What do these Lawyers even do?’ I thought it was a crazy idea to want to spend money and time to talk to people about what lawyers do. He has been at it successfully I might add, for the lat few years. That answers my question.

Now I would, like then, assume that many people actually know the role of lawyers within a legal or judiciary framework of a country. That they handle cases is simple enough for me to be assured of your understanding.

Many Nigerians still seem to have a very weird understanding of the role of lawyers. Some cases have recently highlighted this seemingly shallow level of such understanding.

That a case is ridiculous, sounds ridiculous, looks ridiculous definitely confirms it is ridiculous, in the eye of the observer. A case remains a case that must be tried in court to accord it a degree of finality which usually ends with one side winning and another losing. Both sides are represented by lawyers.

That the latest attempt by former Rivers State Governor Celestine Omehia to get the Supreme Court of Nigeria to reverse itself, two years later on the matter which resulted in Rotimi Amaechi to replace him as Governor of Rivers State, seems, looks, feels and is most probably ridiculous.

That Andy Uba is seeking to have the Supreme Court Judgement which removed him as Governor of Anambra State, to be reversed and ‘annoint’ him as Governor of Anambra State upon completion of Governor Peter Obi’s term; looks, seems and feels ridiculous.

These two examples are of cases already determined by the highest court of the land whose decisions are accomplanied with a certain degree of finality to any case it decides upon. That is what makes them seem, look, feel and are probably ridiculous.

In the event that both the above cases do get in front of the courtsof law in Nigeria, both plaintiffs have to be represented by lawyers.

That Bode George was recently convicted of corruption and disregard for authority (whatever that means) and sentenced to 2 years imprisonment, he may appeal the judgement and will again have to be represented by lawyers.

Bode George et al.

If ths decision holds all through the likely Appeals process, possibly all the way to the Supreme Court, the Judiciary would be showing consistency and possible intent.

What this promises for the upcoming elections is a certain degree of confidence in the system. What this says to others in positions such as have been held by Bode George, is that the time has come for accountability under a framework that is subject to the laws of the land.

There is still a long way to go with this one I suspect. I for one would be pleasantly surprised if this ends here and the lawyers make less money (yeah right!) and the people feel at ease that the system will hold.

I have always insisted that the problems of Nigeria have little to do with the personalities and more to do with an effective and accountable system within our institutions.

Right or wrong, these institutions must challenge leadership from time to time, to ensure their own independence and transparency.

Bode George goes to jail like Eze goes to school. Will the center hold?

What do you think?

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