THE TORTOISE, THE LION AND PUBLIC OPINION- EMEFIELE, THE DSS AND THE RULE OF LAW!

There is this allegory or tale that in the animal kingdom, the tortoise, reputed to be very mischievous, stole from every other animal.

The tortoise acted with impunity and went scot-free each time he was confronted by his hapless victims. On a good day, basking on the euphoria of his previous successful escapades, the tortoise went and stole from the lion.

The lion, being a no-nonsense animal, went berserk, searched everywhere and caught the tortoise.

Early in the morning, the lion tied the tortoise on top of a very tall tree on the road leading to the market square for every animal to see that the notorious tortoise had been caught.

As the animals were going to the market that morning, they were very elated to see that the lion had caught the infamous tortoise who had felt that nothing can ever happen to him. All the animals were happy that the tortoise was being reined in and disgraced by the King of the jungle.

In the evening time, when the animals were returning from the market after the day’s businesses, the animals were astonished to see that the tortoise was still tied on the tree top by the lion.

Haba, the returning animals and passersby reasoned that the length of time the lion tied the tortoise on that tree top without anything to eat and drink was rather unreasonable.

They equally viewed that no matter what the tortoise stole from the lion, that the tortoise should have been allowed to have some food and water and ultimately charged to the court of the animal kingdom to face the long arm of the law.

In unison, the animals maintained that the lion had no right to further detain the tortoise without affording him the opportunity of a trial and possible conviction according to the law.

That was how public opinion and public sympathy quickly switched in favour of the tortoise. The lion became loathed and roundly received condemnation for his high handedness.

The above fable of what happened in the animal kingdom between the tortoise and the lion may well explain Emefiele’s current travails with the DSS. This intervention is therefore titled “THE TORTOISE, THE LION AND PUBLIC OPINION- EMEFIELE, THE DSS AND THE RULE OF LAW!”

Emefiele does not need any introduction. He is presently on the front burner of national discourses for the wrong reasons. He is having a running battle with the DSS, Nigeria’s secret police, to get his freedom while the DSS are determined to make sure that he is “brought to book” by any means possible.

While in office, the now suspended Governor of the Central Bank of Nigeria was a very powerful man.

Emefiele wielded enormous authority and influence. Given that Nigeria is a country where probity and scruples by public officers are in short supply, Emefiele did whatever he liked with the nation’s treasury cum fiscal policies and at the behest of those who appointed him and members of their cabal.

Emefiele was so powerful that it is said that a casual handshake with him turned many erstwhile “paupers” and “roadside PoS operators” into mega millionaires and billionaires overnight in Naira, Euro, Dollar, Pounds and Yen and much more.

As those who claimed to know openly testified, “Emefiele’s alert” had a special sound or ring tone when received on the cellphone. Muhammad Kazaure, a not too educated but street wise federal lawmaker from Jigawa State stated jocularly in many public fora that “Emefiele’s alert” sounded “didim, diidiim, gbiim, gbiim gbiim… That is the sound of big big money landing when Emiefele gives you Dollar with the official rate”.

You can Google or search the social media or Tik Tok for “Emefiele Alert” and hear the correct sound of the special ring tone direct from Hon. Kazaure. It was that bad!

As a public officer, and particularly as Governor of the CBN, Emefiele unfairly made a few connected people “overnight billionaires” at the expense of millions of suffering Nigerians.

Under his watch as CBN Governor, 133 Million Nigerians became extremely poor. The greatest disservice to his public service record and most severe anti-people policy was the ill-timed Naira redesign program which showed that Emefiele was uncaring and unsparing of the less privileged.

Only few favoured people that had access to the elusive new Naira notes or ran PoS services at cutthroat rates smiled to the bank.

He did not know or at least show that the POOR SHOULD BREATHE.

Supported by the outgone government, he introduced the satanic Naira redesign policy that led to the untimely death of many and impoverished millions of Nigerians till date.

Even when the Supreme Court intervened upon the matter being presented for adjudication before it, Emefiele and his cohorts spurned the apex court and had the chutzpah, hutzpah, audacity or effrontery to foot drag over the judgment of the Supreme Court.

Rule of law meant nothing to Emefiele, his cohorts and his handlers. Emefiele forgot that ignorance of the law is not an excuse (ignorantia nominem excusat).

Hence, Emefiele knows or ought to know that rule of law means that judgments of the Courts should be obeyed but he pretended that the judgment was not directed at his organisation.

Emefiele knows or ought to know that the judgment of the Supreme Court is final and appeals do not lie anywhere else but he chose to obey his undisclosed paymasters.

Emefiele knows or ought to know that rule of law means that no one is above the law but he acted above the law as though he was clothed with immunity at all or in perpetuity.

Rule of law is a stabilizer of democracy but autocratic and power drunk fellows think and believe in rule of might without reckoning with transience of power. Indeed nothing lasts forever.

Emefiele’s present travails typify this inevitable reality. He must be full of regrets now.

As CBN Governor, Emefiele failed, refused or neglected to obey the rule of law which portends the beginning of anarchy. Typical of the behavioural pattern of many past and present public office holders, he did not know that the popular proverbs “who knows tomorrow”, “tomorrow is pregnant” and “tomorrow is another day” applies to both the rich and poor.

An inimitable Igbo proverb says that “when a dog is about to die, it loses its sense of smell”.

Emefiele did not reckon that there will be a time when he will no longer be the almighty CBN Governor or the VVIP visitor to the seat of power but a common guest thereat; a detainee of the DSS; and a desperate applicant for bail before the same court system he was most unwilling to obey its orders or judgments.

Who knows tomorrow?

When the DSS clamped down on Emefiele following his suspension from office by the incumbent President, not many Nigerians had sympathy for him. This is just like the case of the tortoise in the story told in the beginning of this intervention.

EFCC gave the impression in their public statements that Emefiele was public enemy number one.

Many who lost their relations or starved or lost their means of livelihood or earnings during Emefiele’s inglorious Naira redesign policy era looked forward to seeing Emefiele face the long arm of the law sooner than later.

When the DSS kept Emefiele in their dungeon for too long and beyond the limit allowed by the national constitution, his lawyers rightly filed papers in court to ask that he be charged to court or released.

Rule of law means that no person, no authority or no government has the power to detain anyone endlessly.

The Court, in tandem with rule of law, granted the application brought before it and made an order mandating the detaining authority to either charge Emefiele to court immediately or have him released from their captivity.

Following this order of the Court, the DSS promptly filed charges in court against Emefiele.

Pronto, his lawyers applied for his bail as the charges were bailable offences.

The Court, in the proper exercise of its discretionary powers, granted the bail application and made clear orders that Emefiele should be taken to the Correctional Center until he is able to satisfy the bail conditions.

The DSS would not agree as they sought to immediately arrest Emefiele in the court premises. This led to open and violent confrontation in the court premises between the Correctional Service officials who came to take custody of Emefiele following the Court Order and officials of the DSS.

It must be denoted and strongly too that the shameful inter-agency conflict over custody of Emefiele in the court premises is both a sad development and a big affront to the rule of law.

There was absolutely no need for it except overzealousness and the mistaken belief that anyone is or can be above the rule of law.

Without necessarily apportioning blames, all concerned should read the earlier story of the tortoise and the lion and take note of why, how and what made public sympathy to swing in favour of the villainous tortoise. That was rule of law in play even in the animal kingdom.

Just like Emefiele who did not have mercy on the poor when he was CBN Governor came to the Court clutching a big Holy Bible ostensibly for “divine protection”, when villains or law breakers run into trouble, they also seek refuge under the rule of law.

Granted that late Justice Oputa is quoted to have said that “if a man in power today closes the gates to justice, the gates will remain closed when he is out of power at the time he desperately needs to access justice”, this seminal dictum should never be understood to mean lending support to bringing anyone to justice outside the parameters of rule of law. That in itself will be against the rule of law.

Resort to an eye for an eye will leave everyone blind. Rule of law is such a golden and immutable rule that even villains seek to take refuge under it. Without rule of law, there will be total anarchy. Life will be nasty, brutish and short.

Those who have scant regard for rule of like Emefiele did twice on the Naira redesign judgment or the rampaging blood thirsty bandit, kidnapper, unknown gunman, oppressive or overzealous law enforcement agent will seek refuge under rule of law when the table turns.

This is because rule of law preserves the presumption of innocence, human rights and due process. As the Court of Appeal, per Georgewill, JCA, held in OMATSEYE V FEDERAL REPUBLIC OF NIGERIA (2017) LPELR-42719(CA) (Pp. 65-67 paras. B), every prosecution, every conviction and every acquittal, (I dare to add every arrest, every detention) must be done within the confines, purview and ambits of the operation of the law rule of law. Rule of law is the condition in which all members of the society including the rulers and the led accept the authority of the law. Under it, no man or woman is liable to be punished, except for a breach or infraction of law committed and established before the Courts. It is a concept in which the citizen is entitled to the observance of the principles of natural justice in the determination of any question involving his rights and obligations under the law.

Today, across the nation and at different levels, many who find themselves in power or within the corridors of power do not want to hear about or obey the rule of law. These persons will do well to remember that Emefiele, just like many former powerful office holders, used to be in power.

Only the rule of law mantra [fair hearing, due process, constitutionality] can be his redeemer (not his famed “Emefiele alert”, not his plum status as former CBN Governor).

In sum, Emefiele’s alleged crimes may be uncountable and heinous, but let rule of law prevail. That is the irreducible minimum in any civilised society given that disobedience to rule of law made public sympathy to switch in favour of the tortoise in the animal kingdom.

Enough said.

A new normal is possible!

Prof Obiaraeri, N.O.