A little over a week ago, President Muhammadu Buhari was in New York to attend the 73rd session of the United Nations General Assembly. During that visit, the President met with Nigerian professionals based in the United States of America and Canada for an interactive session. In that interactive session, the President spoke on corruption and security, and other issues of interest. It was an effort to showcase what the Buhari administration considers to be its wins, to convince Nigerians that the administration is working and is on the right track, and to ask for another four years to steer the ship called Nigeria. And of course, no Buhari speech would be complete without bashing the Peoples Democratic Party.
There is no rule that says that you cannot or should not thump your chest about your perceived achievements, in fact, in the arena of politics, it is a necessary skill. However, some of the things reportedly said by the President give me cause for concern and it should concern all Nigerians. These words: ‘In 1983, military officers gathered, and made me Head of State. I packed the politicians into jail, told them they were guilty until they could prove their innocence. We seized what they had looted, but after I myself was put in detention, the politicians were given back what they had looted. How many elite complained about that?’ For me, these words are terrifying. To think that in this year of our Lord, 2018, with a Constitution that provides for the presumption of innocence, our leader recalls, with pride, defiance, even, a time when he trampled on the fundamental rights of Nigerians.
Section 36 of the Constitution of Nigeria provides for the right to a fair hearing. This means that every person accused of an offence must have an opportunity to present his own side of the case. In other words, they have a right to defend themselves before they are punished. Section 36(5) provides that any person charged with a criminal offence is presumed innocent until proven guilty. These words, ‘I packed the politicians into jail, told them they were guilty until they could prove their innocence…,’
The recent utterances of the President at the 2018 Nigerian Bar Association Conference, and actions such as the disregard of court orders by this administration should trouble us. It shows a complete disregard for the rights of Nigerians. It shows that we are being ruled by an unrepentant dictator who does not understand that in a democracy, the process is just as important as the outcome. And please, this is not the time for anyone to write to me to remind me about the United States of America and Guantanamo Bay.
Then these words: ‘We seized what they had looted, but after I myself was put in detention, the politicians were given back what they had looted. How many elite complained about that?’ Well, maybe the elite did not complain because the action was not something to be applauded in the first place. Elite or not, Nigerians should be concerned when one man makes himself the investigator, prosecutor, judge, jury, and executioner.
The problem with this attitude that a person is guilty until they prove themselves innocent is that it is pervasive. It trickles down. It is a position whose lifeblood is power imbalance. The government does it, so what stops the rich man in the neighbourhood from doing the same thing to a poor man who cannot defend himself? It is the reason why someone in a position of power can, with the collusion of the police, make nonsense of Section 8(2) of the Administration of Criminal Justice Act 2015 which provides that a person shall not be arrested merely on a civil wrong or breach of contract. It is the reason why hundreds of Nigerians are incarcerated for years, while awaiting trial for simple offences. Anyone who applauds this attitude should remember that no condition is permanent. You may be a favoured elite today and find yourself out of favour tomorrow.
Here is what the courts think about the presumption of innocence: ‘The constitutional provision on the presumption of innocence of an accused person is sacrosanct and settled. The burden is always on the prosecution to prove the guilt of the accused and not his business to prove his innocence. He can decide to keep mute from beginning of the trial right to the end. It is for the prosecution to make out a prima facie case against the accused through credible evidence which must be laid bare before the Court. It is the proof of hard facts that would lead to the conviction of the accused. Without any case made out against the accused, he cannot be called upon to enter his defence because in doing otherwise would undermine the constitutional presumption of innocence.’ Per Ogunbiyi, J.S.C. in C.O.P v. Amuta, (2017) LPELR-41386(SC)
Hear it, the presumption of innocence is sacrosanct and settled. This is not 1983. This is 2018, with a President who wears a babanriga, and not the stiff khaki of a General. It seems that President Buhari needs a hush button. His people need to put one in his hands so that when his mind wanders into the ‘good old days of 1983,’ he can be jolted back to 2018. Mr President, we appreciate the fight against corruption, we want things to be better in Nigeria. We want a future for our children in Nigeria, but the road we take on this journey is just as important as the destination.
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