Chief Mike Ozekhome (SAN) is a constitutional lawyer and a human rights crusader. In this interview with Judiciary Correspondents at his Abuja residence last week, after the conferment of the national honours of Officer of the Federal Republic (OFR) on him by President Goodluck Janathan, Ozekhome spoke on why the judiciary remains the best arm of government as Nigeria marked its 54th Independence Anniversary. He also spoke on his greatest regret in life. AMEH EJEKWONYILO was there
National Honours
I feel very good, exhilarated, scintillated. I feel exuberant; having the effervescent of Andrew’s liver salt. I’m so happy because not a few Nigerians regard me as an anti-establishment person; anti-government. And I have been since 1981 when I was called to the Bar.
I have fought battles, I have won battles. I have fought wars and have won wars against impunity and official tyranny, particularly during successive military juntas in this country. For which I had the pleasure of been detained for about eleven times across Nigeria. We were not more than ten that fought the military with our bare knuckles being led by late Chief Gani Faweihimin. It was later that some of us sat down and said the way Gani was going about it was more like a lone-ranging affair. We decided to found the first human rights organization in Nigeria, The Civil Liberty Organisation. It was six of us that founded it; Olisa Agbakoba, Clement Nwankwo, myself and three others on the 15 October, 1987. That was the first indigenous human rights body in Nigeria. Later I founded the Universal Defenders of Democracy (UDD). With all these, we were able to fight the military up to enthrone democracy, rule of law, human rights, social justice for all, particularly good governance.
I always say that my only regret in life is that while we were fighting, we had won the battle by April 1999, even 1998, we did not realize it. We said we did not have anything to do with the military, we said we would not engage the military; we said the military could not midwife democracy, so we were still fighting on. What happened? Those who did not fight the battles with us came from nowhere through the back door to take away the spoils of office: “The Otokotos, the 419ners, the historical revisionists, the weepers snappers, those that late Major Nzogwu Chukwuma on 15 January, 1966, referred to as ministers and VIPs of waste; those who would want to make the country look big for nothing before international circles, the ten per centers who have suddenly become forty-five per centers. These people who never had anything to do with democracy, who were hiding behind the backs of their wives when we were rallying, protesting, demonstrating, singing, walking, sitting; these people came and carried away the spoils of office. By the time some of us wanted to make a comeback in 2003, it was too late for us. Because those who had come first had consolidated; stolen a lot of our national and common wealth, and there was no way for us. The door was firmly shot against us. That is the only regret I have in life.
That such governments that I have always fought could deem it fit to recognize me when I’m not partisan, I have never done any contract with any government in this country; whether federal or state or local government. And for them to sit down and say I was worth a national honour, not just a national honour, a very high ranking one for that matter, Officer of the Federal Republic (OFR). Today (last Monday) that the federal government has made me an Officer of the Federal Republic, my undertaking, my promise to God is to redouble my efforts to serve God more. To use my God-given gifts to defend the common people of this country; the wretched of the earth, the depraved, the forgotten and the dregs of the society, those are the people that constitute my constituency. So, if any government thought that by giving me the honour I was being made a part and parcel of the establishment, it’s a lie.
Nigeria at 54
In terms of the judiciary, there have been challenges. There have been cases of corruption, because in every twelve disciples we have a Judas Iscariot. But the few bad ones that have been identified have been summarily dismissed or retired. I dare say that up till today, the judiciary is still the best arm of the three arms of government in terms of corruption, performance, service delivery. Don’t forget that during successive military juntas, the judiciary stayed put with the common man, and refused to bow to the blaring siren of power, they refused to blow muted trumpet. The judiciary was always there; it was never vanquished. All that the military succeeded in doing was to promulgate decrees with outside clauses. Even then, some creative and active judges like the Socrates of the Bench, late Justice Chukwudifo Oputa, Justice Kayode Eso, Justice Anyagolu, Justice Obaseki, these people were still able to interpret the law so creatively in such a way as to say that every power, might was subject to the rule of law. So, the judiciary notwithstanding its challenges is still the best arm of the government.
The legislature has been found to be very corrupt, with all respect there is no legislator in the National Assembly that takes home less than N10 million a month, there is none. Of the 360 members of the House of Representatives and 109 members of the senate, the entire budget that they takeaway is more than that of the judiciary in five years. No wonder we spend about 75 per cent of our national budget on recurrent overhead expenditure rather than on capital projects. No nation develops along that line.
The executive you all know has 42 ministers. Each minister has a Special Adviser, the Special Adviser has a Senior Special Assistant, the Senior Special Assistant has a Special Adviser and the Special Assistant has a Personal Assistant, the Personal Assistant has a driver, and so on. You have one position in government being incrementally and geometrically built up into a conical hill to the extent that all our monies are wasted there.
Way out
The way out is good governance, the resoluteness of the civil society organizations; that is the people. Justice Lenin Hand once put it that, “the only price we have to pay for our liberty is eternal vigilance.” If you think that democracy is going to be given to you on a platter of gold, then you are making a big mistake. Even the United States of America that gained her independence in 1776, they are still fighting for democracy till tomorrow. In other words, democracy is an on-going concern. It is not an Usain Bolt 100 metres quick dash race. It is rather a marathon race that requires resilience; we need to deepen and widen it. We must wipe out corruption; because it has become the 37th state in Nigeria. If we don’t kill corruption, corruption will kill us.
Attack on judges in Ekiti state
I would say here comes Armageddon. The simplest way of describing it is that here comes Armageddon. Even during successive military juntas, judges were never attacked. We are seeing a situation where the hallowed and sacrosanct chambers of justices are being defiled by politicians; defecating in it in broad day light and dancing naked. This is a dangerous trend; when judges are now going to deliver judgments not on the basis of the facts and laws before them but on the basis of fear and violence to themselves; on the basis of fear or thuggery or possible assassination to themselves or their families, then justice is not going to be for the highest bidder but the most rabid, violent character. That is the danger we see unfolding in Ekiti. All those involved must be brought to justice. They must be punished adequately. It is shame for democracy!
