On Professor Elujoba: The Twisted Science of Justice

On Professor Elujoba: The Twisted Science of Justice

"For it is only when it is tough that we will be able to appreciate that bringing about democratic rule in a military setting is not a tea-party, that many of us will be forced to shun patronage and sincecure, that we will be strengthened to say "no" always to tyranny and dictatorship, that we will be able to treat collaborators of tyrants with disdain and contempt, and that we will be building within ourselves spiritual strength to resist evil and its manifestations. For, that American saying is true indeed that when the going gets tough the tough get going. Blessed are those who do not hope. For they shall not be disappointed" - Bola Idowu Ige

I wrote on the Professor Elujoba matter when it started brewing last year and my position then is still the same now. I recall writing then that in my opinion Prof. Anthony Elujoba is good as an administrator and diplomat especially when placed in comparison with his predecessor.

However, in Nigeria, we glorify successes in office beyond how we should because for a long time now, excellence in leadership has become the exemption rather than the norm. When government officials do what they ordinarily should in the line of their duties, we still consider it expedient to roll the drums out. It is understandable when we consider the fact that for a long time now, Nigerians are a people led by our worst and this applies not only to the nation but also the subcommunities under it.

I remember now that the position I took when the EFCC summons first started was that a probe which returns him as innocent would further bolster the image and acceptance of the Professor when considered in relation with his better performance in comparison to others who have held the same office. I remember people launched at me then because an uninterrupted session seemed the peak of achievements among the student populace and of course may not be incorrect.

I have always abhorred simplistic approaches to complex issues especially when the resort to simplification is a lazy one. 1+1 is 2 approaches do not consider the fact that life in my perspective is the equivalent of calculus, industrial mathematics or abstract physics understood by only caffeine soaked brains. Life, leadership, governance, politics and the human society is in itself confusing.  Everything is based on premises that lead to a conclusion. A slight detour from premises and the final outcome may be wrong especially when doing the analysis.

The premises in this case of Prof. Elujoba are that he served, he is loved, he paid staff arrears, he had a good tenure albeit brief and he achieved satisfaction of workers Union agitation through "misappropriation". He is being slammed with a 7-count charge which in my opinion are watery. But still, his case creates an intrigue of twisted lines and curved routes. Doing a supposedly wrong thing to achieve a right aim. The funds he used to settle arrears are allegedly meant for something else. Realising the tension of Unions, he used these funds thus leading us to the age old conflict of law and morality and in another vein equity and common law.

The law is strict. The effigy of justice reflects this with the strip covering the eyes of the Lady. Many argue that law is made for man and not man for the law. But in this case, it appears a violation has occurred despite the fact that it was for a good reason.

A large number of students chant " why not Omole? Why not the Yahoo boys? Why not Saraki?". Sincerely, at these points, I get weak myself. People have lost faith in the system entirely. How then does one urge them to believe a probe would not return as guilty someone who was good to them? How do you tell a person who was owed arrears and explain that justice must take its toll and return as guilty or innocent any man whoever he is as long as the allegations are there?

In recent, Bukola Saraki who we expected the sword of Justice to fall on has come out untainted and has even launched an attempt at becoming Acting President directly or otherwise. How does a person explain to the common man to still have faith in a system that has collapsed and merely awaits burial?

I have argued severally that if we abandon processes and procedure. We will tend towards becoming brutes and I have tried to dissuade in essence any mobilisation in the support of such a cause among students as I believe placing pressure on the court and creating public opinion is wrong. I believe the best we can be is observers and also petitioners of his predecessor. In fact, if it is possible for the Union to submit a petition for Probe Omole. It would have been good.

In conclusion, I think on all sides, the only sight is a thread that has been woven to become confusing.  One cannot take a stand these days as truth itself is no longer constant but subject to opinion and dynamics. Thus, a single matter might have two truths and two parties defending two truths with equal dexterity.

Now, it is my knowledge that a Judge must always state the reason for his judgement. He must show the facts and build them up to his conclusion. He cannot be an agent of witch hunt himself as he must in his judgement analyse how he arrived at it. But again, it has become the case that Nigerian Judges write two judgements fulfilling the conditions for ratio decidendi all the same and sell judgement to the highest bidder.

In a nutshell, I get confused a lot on positions these days and I have to talk with people to remind me why and how we arrived at the position we took. I thank God for my friends who make the task easy by strengthening my faith again in the position. Too often, I am caught between principles, interests and utilitarian concepts. Like a deer stunned by flashlights, I do not know again if I am correct on dissuading people from following up the case and mobilising support.

From an angle, I think public office holders should be ready always for a thorough comb of their expenditure and income after their stay in office. From another, I am struck by the potent witch hunt using the same process meant to ensure accountability. The law is an ass they say, but must it always be the case that even the vilest men or in another angle the innocent of men cry the tears of persecution when a confrontation with justice takes place. 

Can we just see a probe as a probe and ignore the political twist to it even though in the Nigerian circle the political twists are staring us straight in the face and we have to become blind to then in adherence to text book concepts of procedure?

It is my hope that he emerges innocent if he is innocent. The Law must not become used to pervert justice. My utmost wish is that justice is done even though I must confess, I do not trust the procedure and the system but my hands are tied by my ongoing training as a Lawyer to uphold the system of Justice and my individual reasoning to see the untrustworthy system as the only route of civility to determine his fault or his no-fault. This is the only path but it is filled with snares.

Koye-Ladele Mofehintoluwa,
Obafemi Awolowo University,
8th of July, 2017.