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Law Is What We Make Of It -By Adetunji Ayobrown

How should a positivist see the ‘de-invitation’ of El-Rufai to speak on matters of the law, something he always disobeyed. And perhaps the other side, those who think it is okay, after all he is not the only one. The implications which is grievous in any civilised and democratic society.

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It is in human nature to want to seek comfort in reasoning or logic to advance a stance. But it is only a matter of time when the law of nature seek to redress the imbalance. To  all concerned, instead of allowing this to generating to uproars, the Nigeria Bar Association, NBA’s invitation withdrawal should be considered, a wakeup call to all and sundry.

Following protests from many lawyers, the NBA withdrew its invitation to the Kaduna State governor, El-Rufai who was supposed to speak at the 2020 Annual General Conference of the association. An action that had started to generate lots of reactions within and outside the association. El-Rufai, who was schedule to speak on the subject of national identity and one of the key speakers at the 60th AGC the Nigerian Bar Association (NBA), was dropped following lot of accusations against him. Mostly revolving around attitude towards the rule of law and handling of the insecurity crisis in his state, Kaduna.

Some say kudos while other send knocks to the association for such a step. While some considered NBA as the avenging angel, to others it is vice versa. It however no sweet saying that when someone disobeyed the law, he or she must pay the price.

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Adetunji Ayobrown
Adetunji Ayobrown

News had it that the Kaduna State Governor, Mallam Nasir El-Rufai described the decision of the Nigerian Bar Association to withdraw the invitation extended to him as ‘an unfortunate embrace of injustice, unfairness, absence of fair hearing and total disregard for the rule of law’.

How should a positivist see the ‘de-invitation’ of El-Rufai to speak on matters of the law, something he always disobeyed. And perhaps the other side, those who think it is okay, after all he is not the only one. The implications which is grievous in any civilised and democratic society.

While some Nigerians are in support, others are against such. Those against said that singular action turn him accused without trial, instead of proper investigations in court of law. And that for same reasons the association should withdraw the invitations of former President Olusegun Obasanjo and Governor Nyesom Wike of Rivers State who had at a time or the other done something similar.

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Instead of grumbling, some Nigerians thinks governor should not take such in bad faith but give adequate and appropriate answers to reasons gave by NBA for his dis-invitation, with or without its platform. But El-Rufai in a protest letter said the association ought to serve as the conscience of the nation had descended into the realm of partisanship.

Asking them to ‘enjoy the illusion’, the governor who thinks he needed no NBA platform. But simply viewed these reasons from unrealistic frame of reference. It was rather unfortunate that the decision was received by the governor in bad faith. Self disappointment appears bigger than even peoples’ disappointment, his reaction only shows how he felt about his invitation withdrawal, as if it is the ego that took the hit. El-Rufai made it clear that he did not seek the platform and is not agitated that he has one less speaking engagement, then no contention over that. After all the decision about who speaks at its event is clearly the NBA’s.

Before war of weapons, it is war of wits, the governor said, the defamatory statements in the petition, is another matter entirely and he will give appropriate response.

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There is a great art in been humble, though he claimed his lawyer friends requested him to accept the invitation of the NBA to participate in a panel discussion on national identity, he accepted as part of his commitment to having a national conversation and the evolution of a national consensus. Sorry, many wish they could be more helpful, as they pat the governor on his back.

Brutality is an aberration, killing someone is never political but personal. Go back in body bags, was the statement made by someone before 2019 presidential election. A patron’s pride, threatening the whole international community, saying they will go back in body bags in they dear interfere in Nigeria’s election. One can not but imagine what such statements are capable off and glaring enough bags are now daily filled with human mutilated bodies in his state after the elections.

El-Rufai and handling of the insecurity crisis in his state, should call for serious concern. Constitutionally, one of the primary duties of any governor is ensuring peace and security of his state, many are of the belief that the governor has done a less than exemplary job in the handling of the killings in Southern part of the state under his watch. He has been severally indicted by a section of the state of favouring one side against the other.

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Difficult is not the same as impossible, by now the governor ought to have understood the incredible complex but honourable cultures of his people. If such persists, it shows nothing but dereliction of duty, for someone serving his second term as governor and a former minister, Governor El Rufai cannot claim ignorance of happenings in his state. But we know there can be a bad person with the heart of gold and sometimes a good person with heart of evil, with available reports, NBA’s decision is a popular stance.

Cameras don’t read minds. We all know that intelligence comes from human beings and not from satellites, but how do we tell the governor that people are worried and greatly concerned. El-Rufai who recently raised eyebrows, claiming Southern Kaduna leaders were fuelling the killings in the region to get government invitations to collect ‘brown envelopes’. A weighty allegation against his government indicting himself, perhaps unknown to him because he ought to act on such if he knew that much rather his government wants to install CCTVs in region.

Analysis goes ways beyond ordinary data, the best of intelligence comes from human beings and not from any special satellite, installation of CCTVs in the region can only be added as gadgets towards effectiveness. Direction is a matter of fact; ideas are a matter of opinions. It’s not wise to be an idealist but better being a practical person. There is sense in acting on what knowledge you have.

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They may appear like your adversaries, but they are your guides. If he is right, the secret of how these leaders are fuelling the killings will remain unknown and unresolved except the governor can come clear and bring to light his facts, after all nothing like normal when situations are rough and tough. The governor should make public the facts of his findings.

With or without tools, a handyman should be able to break himself out. If his speeches are so powerful that he regretted not being allowed to speak, however, many are of the opinion that if such be the case and for a more appropriate example, such should be put to practice in his state instead of bringing it as theory in a conference. It is a case of using of sense for better adventure.

If you don’t make it out no one will believe you went in, proofs are needed. Several of his actions are said to have earned him public backlash and accusations that he tacitly supports the ongoing killings and even that he gives a free pass to the killers.

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Compassion and a sense of justice which are core values that the NBA stands for, but such nervy comments about the crisis by El-Rufai himself, painted pictures of ethno-religious and political undertones.

NBA should not disregard the basic constitutional provision of fair hearing which is the foundation and bedrock of the rule of law designed for the safeguard of fundamental right and freedom. So also, it must not support anyone that stands against the rule of law. An association which must remain a beacon of justice and foster culture of accountability should hold leaders like El-Rufai and others to account if they are found culpable. Starving him and others like him of this platform will send better messages about the association.

For our country to move forward, association the likes of NBA should live up to its mandate of being a bulwark against inefficient, poor governance and injustice.

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