By Awa U. Kalu, SAN

Recent events in the polity have not only left a sour taste in the mouth of right thinking and law abiding citizens but have left rather innocent Nigerians wondering whether a slide into anarchy is a distinct possibility. Thomas Hobbes (1588-1679) the late English philosopher, in his rather famous Leviathan (pt.11,ch.19) parodied the idea of anarchy when he noted that ‘they that are discontented under monarchy, call it tyranny; and they that are displeased with aristocracy, call it oligarchy; so also, they which find themselves grieved under a democracy, called it anarchy, which signifies the want of government; and yet I think no man believes, that want of government, is any kind of government”.

What are these events that trouble the mind? The first is the very widely reported assault on the judiciary in Ekiti State within the month of September, this year. As will soon be seen, the assault on the courts in Ekiti have varied ramifications which will continue to unfold.

According to media reports, the first incident occurred on Monday, 22nd September, 2014 when a group of bandits and thugs invaded the court premises in Ado-Ekiti and caused a Judge of the High Court and several court staff to flee in different directions for their safety. What was at stake? Allegedly, the court was sitting for the purpose of considering the eligibility of the victor in the governorship elections held in June.

Governorship elections

The allegation is that the fracas which ensued in court was occasioned by the belief of the supporters of the victor that their victory would be scuttled. Again, Thursday, September 25, 2014 recorded another assault on the Ekiti State judiciary. It was also widely reported in the media that a Judge of the Court, Hon. Justice Adeyeye sitting in court number three (3) was beaten up by those who invaded the court premises and his suit was shredded during the attack. The media further reported that “the police officers on guard looked unconcerned and uninterested as Judges, Magistrates and other members of staff had to run for their lives”.

More disconcerting was the report that the court room of the Chief Judge was not spared as members of staff attached to the Chief Judge’s Court were also beaten up and attacked. The Chief Judge’s record book was allegedly torn to shreds. In order to understand Thomas Hobbes’ reference to ‘want of government’, one would need to ruminate on why police men on duty allegedly looked the other way when the premises they were supposed to guard or watch over, came under assault.

Could it be that they were interested in the outcome of the litigation which of course was aborted or thwarted when the miscreants invaded the court premises? In the alternative, were those law enforcement agents loyal to those opposed to the judicial proceedings which they ensured was still born? You may bear in mind that the government in power as at the date of the fracas was produced by the APC – a political association different form the association that produced the incoming administration.

The lack of trust in the judicial apparatus for the purpose of mediating in an impartial manner, between contending parties, apparently led’ to the breakdown of law and order. Another important factor to be taken into consideration is that while the incumbent governor at the material time belongs to the opposition in the context of the totality of the federation, the incoming governor is of the most powerful political party if not in Africa, at least South of the Sahara. The media was awash with allegation that the judiciary in Ekiti State planned to scuttle the mandate of the incoming Governor by subverting the will of the people expressed through the ballot box. The result was twofold.

First, the Chief Judge shut the courts to avert further crisis and then there were rumours that the incoming Governor would be denied his mandatory oath of office (in that the Chief Judge, or indeed, no Judge, would be available to swear him in). Apart from speculation, it is hard to imagine how the political process will be stretched to such limits.

What gave credence to the fear that the Governor-elect will remain ‘oathless’ is the second part of the imbroglio – the use of the police to shut down the courts until the inauguration of the new administration is achieved.

Again, two questions arise from the Ekiti crisis. Considering the immediate reaction of the Chief Judge which was the withdrawal of judicial services by shutting down the courts, you may wonder whether it is within the purview of a Chief Judge to close the courts for any length of time (except ofcourse during vacation). On the other hand was the decision to use the police to shut the courts pending the swearing in of the new Governor.

Was it a decision designed to adhere justice for one or should society aim for justice for all? We cannot deny that the constitution vests judicial power in the courts created by the constitution.