When a country’s laws and institutions are not backed up by a strong penal system, it is more or less a charade set up to disappoint at any given time. We have seen that despite being pronounced as a federation, a man like Prof. Mahmood Yakubu could look a people well over 200 million in the eyes and give us the middle finger!
By now, it should be clear to us – I’m tempted to believe so – that all it takes to set up a country on the path of continuous failure is to adopt a system (or embrace an idea) that is not backed with a severe penal code for those who resist, abuse or sabotage collective trust for that system. That said, I have watched Nigeria since the return to democracy in 1999 – how she has struggled strenuously to make meaningful progress since then – and I can tell you that given another 100 years from now, Nigeria is unlikely to ever become truly great.
Why do I say this? Let’s look at the first albatross; federalism. We have refused to understand that the idea of being a federation or attempting to practice federalism ought to be backed by a strong and very severe punishment code that should give the dissenter only a week to come forward with concrete proofs of their innocence or face the firing squad for their acts of sabotage. And this is why for example, a sitting C-in-C and president of Nigeria will conclude a nationwide broadcast and a governor of a state will stand up against him with own broadcast.
If we looked at how federalism is practiced in the USA, China and Rwanda, we would clearly see a penal system that deals ruthlessly with dissension. In china, whether the blood of your ancestor was used to lay the country’s foundation or not is immaterial. Once you’re accused of any act that sabotages their sense of federalism; you only have a few days to come up with concrete prove of your innocence or face death. The government does not have the time to hire lawyers or stand in the courts with you.
You are the one saddled with the sole responsibility of presenting tenable proof of your innocence to the code of conduct tribunal or face your imminent fate of death. It is even worse if you’re accused of embezzlement or abuse of public trust! In the USA, you have the freedom of contesting your allegation in the courts of law but first, you must step aside from the office you occupied to do that. It is altogether a different ball game when you dare insult or betray their sense of federalism because you’re labeled a terrorist and thrown into prison!
In Rwanda, their No-State-of-Origin-but-Rwandan-citizenship policy is one that is backed by a very harsh punitive measure for those who will want to hide under the policy to dominate a section of the country’s system with their tribesmen or with their brethren of the same faith. However, in Nigeria, our federalism is without such penal codes and then I wonder why citizens cry foul every time they are shortchanged by their greedy, myopic and grossly irresponsible leaders. These leaders are above the law and cannot be prosecuted!
The second albatross with this country is impunity, recklessness and lawless behaviors. Fortunately, Nigerians are now eager to take back their country from the hands of their slave masters more than ever before. Unfortunately, they seem to be unaware that it is not just about venting this desire through channels like the EndSars or the Obidient Movement but about first addressing the several fundamental flaws that has kept the country from ever attaining greatness. Nigeria’s politicians know that without an active punitive system; the country remained only a banana island.
Ironically, Nigeria is not dealing with leaders that are unintelligent to not be able to deliver effective leadership to the suffering masses but the fact of a penal system that remained weakened and ineffective has made accountability and stewardship so scarce to find in those who paraded themselves as political leaders! The recent conduct of Prof. Mahmood Yakubu of the INEC comes to mind. What on earth were Nigerians thinking when they choose to believe INEC or fall for their promise of conducting a free and fair elections given that no strong laws existed that could punish INEC if she does otherwise?
When a country’s laws and institutions are not backed up by a strong penal system, it is more or less a charade set up to disappoint at any given time. We have seen that despite being pronounced as a federation, a man like Prof. Mahmood Yakubu could look a people well over 200 million in the eyes and give us the middle finger! Why? Because there isn’t a strong penal code that could punish or send him and anyone to jail or the firing squad when they violated or insulted the essence and the sense of our federalism that they should be afraid of.
What happened on February 25th, 2023 is a sad reminder that Nigeria is still far from realizing what makes for a stable democracy. Aware that the constitution for instance, emphasized our plurality along the lines of gender, ethnicity and religion; a political party like the APC would go ahead to present for elections into the country’s highest office, two persons of the same religious beliefs. And INEC would unwisely go ahead to declared such a political party as winner beats my imagination.
But realizing that what we have as penal system currently is not active because it is when a system is effective that it can be said to be active; I concluded that only a tough punitive measures – that does not need to waste time with the culprit in the courts other than the limited time it allows for them to prove their innocence or die – could change this very sad commentary. I used to frown at jungle justice but recently, I have come to see that it held some value after all; for it is the reason why citizens of Nigeria still had some trepidation about attempting to conduct themselves indecently.
When a person intends to shoplift or burgle an apartment and remembers the consequences they could suffer in the hands of the mob if they’re caught in the act; they usually shelved the idea to steal. The public disgrace or imminent death from jungle justice is the reason street-life in Nigeria is still safe. This is what is lacking in Nigeria and, the very reason why things will never change even with the most incorruptible of leaders! This lack is reason why corruption can’t stop. I mean every politician knows this except of course, maybe the masses!
It is reason why impunity and abuse of public trust can’t stop. It is reasons why cashivists like Deji Adeyanju and Reno Omokri that aid and abet the criminal activities of the political class are not in jail. It is the reason why the wishes and aspirations of ordinary Nigerians are never manifesting despite every effort to make their voices heard through the ballot box. Regrettably, this only shows that what the real problem has always been is the fact of a lack of a severe punitive code.
Painfully, the situation of the country looks even bleaker going forward especially now that every Nigerian believes that the country’s leadership should not be about tribe, not about religion and not about turn because you find that the same things we are trying to correct by insisting on nationalism will be the same things that will continue to happen. And as there is no active and ever-ready penal system that dealt ruthlessly with violators without fear or the temptation to favor, nepotism and sectionalism will only continue with reckless abandon.
Who would’ve believed that INEC even with BIVAS (bi-modal voter accreditation system) will still be accused of rigging the people out of their mandate and handing same over to the one who didn’t win? An effective penal code is what is not in place yet to restrain the unruly; that is why! So, what is this penal code and how should it work? Very simple, a penal or criminal code is a set of laws attached with THE PUNISHMENT FOR NOT OBEYING THEM. Like in the military era, a tribunal is given the jurisdiction to adjudicate on the allegations presented before it.
It sends a summons to the accused stating clearly the number of days that the accused has to come up with substantive evidence in defense of self. There is no appeal to any higher courts beyond this tribunal. And if the tribunal is unsatisfied with your defense; you go to prison and remain there until you prove your innocence and, if you cannot even prove your innocence at all; you face the firing squad, no mercy. But if they’re satisfied with your defense, you go free. If any of the judges of this tribunal is influenced by inducement to punish when they shouldn’t, he or she along with their immediate family faces the firing squad. This way, some sanity can be restored.
Active penal systems are why the aforementioned countries are far more progressive than we are. It is not that their brains are superior to ours; it is only that they understood how to make a country work. Now, who is going to prosecute Prof. Mahmood Yakubu today or even dare to ask for an account of the over 250 billion naira he got to organize this charade of an election? Or who will dare to prosecute Mal. Nasir El-rufai for challenging the federation on the naira redesign? Bandits have resumed work in Zamfara state, I hope Gov. Matawalle Bello will seat up this time?
Comrade Ifeanyichukwu Mmoh; Executive director, Self-Awareness for Suicide Prevention Initiative, Africa writes from Abuja. 08062577718