On Monday the 7th of November 2016 Justice Bilkisu Mohammed of Kaduna
State High Court 14 of Ibrahim Taiwo Road Kaduna granted me bail. That
terminated my 13 days ordeal in a 1915 colonial master’s detention
facility- called Kaduna Prison along Independence Way Kaduna. Her Lordship
had on 26th October 2016 denied my legal counsel’s verbal bail
application. Justice Mohammed premised her denial of bail on some
observations made by the prosecuting counsel.
Charges slammed on me by KDSG, this time around, are not new. KDSG merely
refreshed allegations dismissed in a Magistrate Court in July of 2016. The
1960s Penal Code Sections 417 and 418 their prosecutors pillared their
January 2016 case on were also cited in their 26th October 2016
suit.Police FIR and officer who investigated the matter are still the
same. The only differences between the two cases are dates and years the
offense was alleged to have been committed. Their first case said
“sometimes in January of 2016″ while the present case cited 28th December
2015.
What were the grounds The Chief Magistrate Grade 1 (Ibrahim Taiwo Road
Kaduna) based his decision on? One, that sections cited by the prosecuting
team no longer exist in Kaduna State because in 1999 KDSG created separate
laws for the state and in those laws, sections cited don’t exist. Two,
that because the laws don’t exist, there is no pillar to stand their case
on.
Nigeria legal tradition and that of many democratic climes holds that; if
a party is not pleased with a decision of any court( with exception of the
highest court of the land) such a party can appeal such decision(S) in a
higher court of competent jurisdiction. Instead of filing an appeal
against the July ruling of the Chief Magistrate , KDSG tabled same
allegations set aside afresh in a higher court. In legal parlances, this
is labeled abuse of judicial process. This is a simple cosmetic legal
procedure KDSG knows. The reason for their legal misadventure is what we
are still searching- and hope to find pretty soon.
I’m sure my legal team will effortlessly establish a case of ” abuse of
judicial process” by KDSG because facts like proceedings and ruling of the
Magistrate Court are handy. They have sundry routes to prosecute my
defense against KDSG.
Our democracy has been for eighteen years, now.Me thinks we have grown
beyond this pedestrian antic of “leaders”( now aspiring rulers) using
their executive powers to gagging dissenting voices and advocates of some
unpalatable philosophies. Nobody is saying leaders should not head to the
court if they have alibi of illegality or unruly behavior from the led.
What we are saying is, due process be adhered to, in all instances and
always. Because processes are crucial on matters bordering administration
of justice. I’m afraid, people we hired to lead us have time and again
demonstrated that they are incapable of taming their concomitant
dictatorial libido.
Take it or leave it, there is a growing concern that illegal kicking of
assess of dissent elements is a diversionary ploy. Mandate holders are
using that to occupy people’s minds with extremely mundane issues, instead
of talking of their great letdowns and gross unwillingness to be faithful
to the social contract entered with the people. As to how long this
unfortunate situation will glow, I don’t know. But there is one thing that
I know; it will boomerang at their most critical moments in their
political voyages.
It would appear I have enlarged the scope of the discussion by running
commentary on the expectations we have on our leaders in general- instead
of Mr. El-rufa’i .This is conscious because most of the State Chief
Executives are operating from the same playbook. Majority of them have
harassed and jailed social commentators. And terminated promising careers
of civil servants because they expressed their views on how they are being
governed. It’s not Mr. El-rufa’i the Governor of Kaduna State alone that
has been infested with these virus of repression and suppression of
opposition elements in their states. Most of them are guilty!
Lest they forget, they can’t include the number of dissidents they
arrested, molested and intimidated as part of their achievements at the
end of their tenures. They will be judge by the number of infrastructures,
social programmes, and bridges of unity they constructed between and
amongst their people. They will be judge on how they improved primarily
and secondary healthcare delivery system. They will be judge by how they
downsized maternal and infant mortality rates in their climes. They will
be judge by agricultural policies etc.
Dr. John Danfulani
Kaduna
11/11/2016