The Legal Adviser of Amnesty International, AI’s International Secretariat in London, Mr. Kolawole Olaniyan on Thursday declared that it is inappropriate for former President Olusegun Obasanjo to openly criticise Justice Mohammed Idris of a Federal High Court in Lagos as “ignorant and stupid”.
Obasanjo was reported to have so described the judge for entering a judgment in a Freedom of Information suit filed by Socio-Economic Rights and Accountability Project, SERAP, directing all past Presidents from 1999 to account for the loot recovered from the late Head of State, Gen. Sani Abacha.
The judge, who called for the disclosure of details of the recovery and spending of the Abacha loot, issued an order of mandamus directing the Federal Government, through the Attorney-General of the Federation, AGF, to compel the governments of Obasanjo, that of late former President Musa Yar’Adua as well as former President Goodluck Jonathan to publish the details of the recovery and spending of the Abacha loot.
But the ex-President had reportedly dismissed the judge by saying; “They said the money recovered from Abacha, I should account for it. What stupidity! The man who asked for it, the man who gave the judgment or who answered them are all stupid, with due respect.
“I don’t keep account; all Abacha loots were sent to the Central Bank of Nigeria and every bit of it was reported to the Minister of Finance… But again, it shows ignorance, total ignorance, which is lacking and you wonder, are these people educated?”
Olaniyan however faulted Obasanjo, in a statement, saying his criticism of the judge was not only an attack on the judiciary and the rule of law but also on the Freedom of Information, FoI Law, adding that it was not surprising that the former President would attack Justice Idris for giving a judgment upholding the provisions of the FoI law since Obasanjo had “ignored wise counsel to sign the bill into law during his time in government.”
He explained that inasmuch as judges are not infallible, they do not give judgments based on their “whims or fancies” but based on the facts presented before them and on laws and established judicial principles or legal precedents.
The lawyer said it was unfair for Obasanjo to have attacked the judge who could not defend himself against “inappropriate criticism,” stressing that “there’s nothing stupid in Justice Idris insisting on transparency and accountability of leaders who once held a position of trust and control over the public treasury.”
According to him, “If judges have to decide cases on the basis of what politicians or someone else wanted the law or the result to be, the very principle of the independence of the judiciary would be forfeited.
“While it’s within Obasanjo’s right to disagree with the judgment or even criticise it, calling Justice Idris “stupid and ignorant” simply for doing his job amounts to inappropriate political criticism as it threatens the judge’s independence and integrity.”
Olaniyan, who hailed Justice Idris’ judgment as “a great victory for transparency and accountability in the country,” said President Muhammadu Buhari would only do well to instruct the AGF, Abubakar Malami, to ensure that the judgment was enforced to the letter.
“Nigerians do not demand infallibility from their leaders and institutions, but it’s difficult to accept the proposition that a judge granting Nigerians the right to know what their leaders and government are doing is “stupid and ignorant.”
“Nigerians indeed have a right to compel their public officials, particularly the high-ranking among them like Obasanjo, to keep the avenues of information open, so the public can know and evaluate their work, accomplishments and dereliction, regardless of whether they are in or out of office,” the AI Legal Adviser stated.
