SCENE ONE
Kingsley is a young Nigerian boy born into a common family in Mgbakwu, Anambra state. His father's name is Mazi Odoh. Mazi Odoh, since his youthful age, had wanted to be a lawyer, but his kinsmen stopped him because he is the only child and it was expedient that someone had to continue the large farming enterprise left behind by his grandfather. Now, he is married and has three children: Kingsley, Uka and Ada. On an Eke market day, the kinsmen gathered to finalise the future of the Odoh family.
NZE RICHMOND: Greetings my people. Our Fathers have the sayings that "when people urinate together, it foams" and again that "the snake is commonly killed because it travels alone. The day snakes will decide to move about in a colony, they would forever become undefeated". In essence, my people, our gathering today is about the future of our clan, not just about the future of one of our families. Let us begin discussion immediately.
MAZI JUDE: Nze please, though the issue for today's gathering is sacrosanct, yet we must tread cautiously and patiently. My point is that we are already beginning the discussion without kola.
(Everyone concurred and chorused "gbam")
NZE RICHMOND: Pardon me my people. That is still the evidence of my earlier speech; that like the proverbial snake, we need each other to move on successfully in life.
He carries the plate of kolanuts that is already on a small table by his side, and picks one of it, saying:
NZE RICHMOND: (clears throat) We shall always see what to eat, and not see what shall eat us. Kolanut is the language of the elders. (Cutting a little of it and throwing it on the ground) My ancestors take yours and bless us. May we now partake of the kola and as we do, may we receive its life and blessings!
All chorus: ise! Then the plate containing the kola passes round for all to partake.
NZE RICHMOND: As the kola is going round, I think we can now begin the day's business. Mazi Ihuoma, over to you.
MAZI IHUOMA: My people of Umueze clan, I greet you all. May it be well with us on Afor day and on Orie day. May it be well it with us on Nkwo day and on Eke day. My people, we are all gathered here to defend our collective future. The history passed down to us is that when Odoh himself was alive, he was loved by not just his clan but by all villagers. Since he was enterprising, wise and well-mannered, every member of our clan, that is our forefathers, supported him to begin a big farming enterprise which he will manage and share some of the proceeds with those who supported him, namely, the clan.
MAZI NDUBUISI: Permit to cut in Mazi Ihuoma so that it wouldn't be as if you are alone on this issue. My father, the great Nnaka, told me how his father sent his four wives everyday to join Odoh in his farm. They would stay with him all day working under the sun, only to get their own token at the end of the farming season as agreed.
MAZI CHIDALU: Even the land itself that Odoh has today is the largest land owned by a single man in the entire village. This is not accidental. It is that way because every member of the clan decided to donate the large expanse of land which belongs to the clan to him for the same purpose.
NZE RICHMOND: So you see my brother, Mazi Odoh, we are all gathered here for you. Your grandfather became a renowned farmer because we supported him. We also wanted him to be successful because we want our kindred to know wealth like other kindreds do. When other kindreds boast of wealth and contribute to the growth of the village, we want our kindred to be ably represented too.
In conclusion, Maxi Odoh, in your plan to shun our farming business for law school, do not think only of yourself but the legacy of your father and especially, the future glory of our clan.
MAZI ODOH: (cuts in) Thank you my people. I just have a few words.
NZE RICHMOND: We didn't call you to speak but just to listen to your kinsmen. Your refusal to do our wish has consequences before us and our ancestors. Just know that. My people we have finished this meeting.
(Everyone begins to depart Nze Richmond's house. His house was used as the venue of the meeting because he is the oldest in the clan. Mazi Odoh is dejected as everyone departs while he struggles to get their attention and offer a response).
SCENE TWO
At home, Mazi Odoh's wife (Oriaku Nneoma) and his first son, Kingsley, are waiting anxiously for the his return. Finally, he arrives.
ORIAKU NNEOMA: My husband, welcome. (She notices his gloomy countenance)
ORIAKU NNEOMA: How did the meeting go? What did your kinsmen say?
MAZI ODOH: Call Kingsley for me.
(When Kingsley arrived, he sat together with his mum, and both listened attentively to what his father had to say)
KINGSLEY: So dad what are you going to do now?
MAZI ODOH: My son, my hands are tied. I do not want to incure the wrath of the gods. My father told me about the agreement with the clan before he passed on.
ORIAKU NNEOMA: (Turning to her son) Nwam {which means my child}, I do not have much to say to your father. But I have many things to say to you. We will speak later.
She gets up to prepare food for her husband. Soon Kingsley's siblings return from school and the entire house is lively again. Kingsley has just finished from secondary school, so he has all the time to guide his younger ones in their assignments and coach them generally in their studies. Kingsley began to realise a sudden change of behaviour in his mother. Later that evening, their father made a important demand.
MAZI ODOH: I need vegetable soup to recover from the sad experience of the meeting with the kindred.
ORIAKU NNEOMA: Kingsley, please come let accompany your father to the farm.
KINGSLEY: (Soliloquizing in his room after his mother's call) Why is mum inviting me to accompany them to the farm. Mum and dad normally go alone there. What has changed?
While at the farm;
MAZI ODOH: Kingsley, go to the poultry section and be sure the staffers are doing their jobs. Also, remember to count the crates of egg for the day.
(Turning to his wife)
MAZI ODOH: Nne m, we will go to the vegetable garden to get some ugu leaves. We will not stay long. We will meet Kingsley at the poultry and go home together.
While at home later that night, Kingsley sort to rest at the balcony. But his mum beckons:
ORIAKU NNEOMA: My King, please don't be tired. You are going to assist me to prepare dinner.
KINGSLEY: (Surprised) Again? What about Uka and Ada?
ORIAKU NNEOMA: You are running away from your mum now?
KINGSLEY: No mummy. I'm just surprised that you are making me do things you normally won't have me do. First, it was to accompany you and dad to the farm, when it was clearly not work-related. Second, you normally don't allow me in the kitchen especially when my sisters are around. But it's a different thing tonight.
ORIAKU NNEOMA: The more you speak, the prouder I become of you. Please let's go.
(While inside the kitchen)
KINGSLEY: Mum, my hunch tells me you have an important thing you want me to do for you.
ORIAKU NNEOMA: Hhhmmm
KINGSLEY: And I have searched my heart for what that may be; the only thing that came up for me is: "What stopped your father, should not stop you".
ORIAKU NNEOMA: You see why I love you!? It shall be well with you my son!
KINGSLEY: Amen, mama. But what do you really want to tell me?
ORIAKU NNEOMA: My son, God has already told you what I want to tell you. You are not only studious and well-behaved, God has also blessed you with native intelligence.
KINGSLEY: But mum, I have one weakness. I'm not sure I can live up to your expectations.
He was still talking when kidnappers invaded their house, pushed down their father, locked up the other children in the sitting room and took Kingsley away after firing gunshots to scare away neighbours.
SCENE THREE
Immediately the kidnappers left the premises, Kingsley's mother ran after them, wailing in tears, with her outer wrapper falling behind. In utter shock and loud cries she went round to be sure it was only her first son that was taken. Having ascertained this, she fell to the ground and crying all night. The next day, she brought out a small stool that was under the bed. It became her weeping seat where she would seat all day crying, while friends and relatives came to comfort her. She refused to talk for three days. When she was finally ready to talk, she soliloquized, though loudly:
ORIAKU NNEOMA: My only son, my pride! They would have taken me. I'm as good as dead!
NNE NKECHI: (Consoling her) Stop crying my sister. God knows the best!
ORIAKU NNEOMA: (sobbing) This cannot be his best! His best can be better or we'll look for another God.
Inside the sitting room, the kinsmen are gathered again. This time, they are discussing the rescue efforts for Kingsley.
NZE RICHMOND: I heard the Obi of Mgbakwu has written to the State Commissioner of Police on the matter.
MAZI ECHIGADI: Indeed, as the head of Mgbakwu vigilante group, I can tell you that some members of the police joined us to comb the surrounding forest of Mgbakwu yesterday, yet to no avail.
MAZI CHIDALU: And the abductors has not called for any ransom?
MAZI ODOH: Not yet.
Suddenly, Oriaku Nneoma's wailings from outside interrupts the discussion in the sitting room. Discussions stop and everyone empathizes and listens to her as she screams as though she remembered something that added to her pain.
ORIAKU NNEOMA: So this is how my life will end? Is a woman of any value without a male child!?
NNE NKECHI: Please stop saying all these. He is not dead yet, we don't just know where he is.
ORIAKU NNEOMA: (Crying uncontrollably) But why me? Why my son?
ORIAKU NKIRU: He will be found. Let's have hope in God.
ORIAKU NNEOMA: (Wailing continues loudly)
Back in the sitting room
NZE RICHMOND: (Addressing the vigilante group leader) So what is the way forward?
MAZI ECHIGADI: I suggest the search should not only continue but it should be intensified. Other security outfits should be employed and the search should extend to neighbouring towns.
NZE RICHMOND: Thank you all. We shall reconvene this meeting every fortnight to discuss crucial issues around this case. It all baffles me because Mgbakwu has never known the activities of kidnappers since I was young.
SCENE FOUR
Six months on, and no good news yet about the whereabouts of Kingsley; and no one has called to demand for ransom. All is gloomy for his immediate family especially his siblings who are struggling to fathom the sad departure of their lovely brother. The security operatives are now hopeless and Kingsley's father is helpless, while his mum is moody and withdrawn. The Obi of Mgbakwu, infuriated by recent happenings, decided the matter should be taken before shrine of Ogugu to seek his counsel and intervention. Mazi Odoh and two leading members of Umueze clan, together with two members of Mgbakwu Council of Elders were chosen to carry out this assignment. They are now in the shrine:
VILLAGE PRIEST: (Facing the altar where the totems of Ogugu are, he offers some panegyrics) Ogugu who lives in the sky, Ogugu who lives on the earth! Ogugu whose ways are unsearchable and whose thoughts are clear only to you! You own our land, you are our Proto-ancestor! You never failed to protect our fathers, we invoke you!
(A puff of smoke rises from a large pot in front of him. Then, the priest turns to those assembled before him)
VILLAGE PRIEST: What brings you to Ogugu?
NZE UDOCHUKWU: Great One, our people say the elder does not stay at home while the goat dies in tether. The unpredictable has happened and the unprecedented has persisted in Mgbakwu. One of us has been kidnapped and for over six months nothing has been heard of him. No ransom has been demanded from his abductors, no one knows his whereabouts. We need your help on this matter.
VILLAGE PRIEST: (Turning to the altar again) Ogugu, you are our protector and shield. Mgbakwu's help in time of trouble.
(The priest suddenly began to engage in a spiritual dance accompanied by incoherent lyrics by shrine acolytes. After a few minutes of intense dance and singing, both stop suddenly and simultaneously as if it was rehearsed. The priest then turns to the people)
VILLAGE PRIEST: Ogugu says: "The situation is good for the good, and bad for the bad".
NZE RICHMOND: What could that possibly mean?
MAZI ODOH: I am even more confused than before.
VILLAGE PRIEST: Do you doubt Ogugu?
NZE UDOCHUKWU: Not at all. We only seek more explanations
VILLAGE PRIEST: You are now tempting me to add to or subtract from Ogugu's words. I am only his messenger. I have no power of interpretation or explanation. I have delivered what was given.
NZE UDOCHUKWU: So are we to keep waiting or searching forever? Or what exactly should we do with Ogugu's words.
VILLAGE PRIEST: You are to continue doing everything reasonable within your powers. If he is not found after ten years, symbolising the ten crossroads in Mgbakwu, then, as custom demands, his funeral rites shall be performed.
SCENE FIVE
For the first time after three months of his captivity, Kingsley was able to see again as the blindfold over his eyes was removed. He has so many questions about why he was kidnapped, where he is, and how long he has to stay with them. But his weakness took a better part of him and he only cried all the time. No one was even willing to give him a listening ear anyway. Later on, the kidnappers came with some important pieces of information for him:
MR ADE: Listen from tomorrow you shall begin your university education. You are advised to brave up and take your studies seriously.
KINGSLEY: Just like that?
MR ADE: It may be to your advantage if you listen and talk less.
KINGSLEY: Hhhmm. (In a faint voice) God help me!
MR ADE: Secondly, you are not going to reunite with your family anytime soon.
KINGSLEY: Hey!!!
MR ADE: So feel at home in this new environment. Thirdly, throughout your stay here, you will have a companion, her name is Mary. Many eyes are on you here. Your prosperity depends on your cooperation. If in any case you refuse us your cooperation, your condition may worsen. That would be all for now.
(Mr Ade departs the room. Kingsley's heart almost jumped out of his body as the door closes. He is sad and perplexed, but answers and comfort seem far. For the first time, he was able to observe where he had been kept for so long since he has been blindfolded all this while. Previously, he was only aware of the sound of the opening and closing of the doors of his room, the taste of the food he ate and the murmurs of those discussing outside. Now, he moved around his small room that has only two chairs, a reading table, a shelf of books and a toiletry kit).
After a moment of walking around the room, he didn't know what to think of what was happening. He soliloquized:
KINGSLEY: What could all these mean? This doesn't look like a hostage. I miss my family, each of them! And my mum never had to answer my question; I never had the chance to complete my discussion with her! And she was in grievous tears while I was forcefully taken. This last image of her in my mind causes me great pain!
(He lies down to cry when he hears a knock on the door. He becomes apprehensive, not knowing what his abductors are up to. He stands to open the door).
MARY: Good day Kingsley. I'm Mary, your appointed companion.
KINGSLEY: Welcome Mary.
MARY: I know you are confused and have many questions. But I can tell you my brother, for the good, all will ultimately be good.
KINGSLEY: That sounds more like a comical response.
MARY: You see, I have a story that I like to hear your thoughts on. I dreamt last three months that I will be robbed if I traveled to purchase goods for my shop. But I didn't understand it was a divine warning or that God was even real. At best I thought the dream was a projection of my innate fears. So I turned deaf ears to it. It happened exactly the way I had seen it in the dream, and I have never forgiven myself.
KINGSLEY: You need not withhold forgiveness from yourself and give it more to others. Also, it was only your money that you were robbed of not your life; if you can raise such huge sum for the shopping, as long you are still alive, you could raise more. So why worry?
MARY: Sounds interesting... I feel relieved. Your intelligence is way more than I was told
KINGSLEY: Told by who?
MARY: Never mind
KINGSLEY: That's serious! But how can you name something that doesn't exist? How can you name a reality "God" and still go on to posit he doesn't exist?
MARY: I think you are in the right place!
KINGSLEY: You mean it is right that I was kidnapped?
MARY: Tragedies can be destined for certain advantages.
KINGSLEY: I don't really understand what is happening
MARY: That's advantageous too.
KINGSLEY: Hhhmm... I miss my mum dearly!
MARY: Why? What is special about her?
KINGSLEY: Few weeks before my kidnap, she began to show me more love and admiration like she has not usually done.
MARY: Only that?
KINGSLEY: She explained that she wanted me to become what my dad couldn't
MARY: What could that be?
KINGSLEY: A lawyer. My dad's deepest desire from childhood was to become a lawyer. But for financial constraints, he couldn't pursue this career early in life. When he now has the wherewithal to sponsor himself, his kinsmen refused and threatened him if he went ahead with his plan.
MARY: And?
KINGSLEY: My dad has his weakness, he succumbed to their whims and didn't have the courage to resist them. That's why my mum wanted me to fill in the gap.
MARY: Good idea!
KINGSLEY: But I have my deep-seated weaknesses too. I am hugely timid.
MARY: Only the strong admit their weaknesses. But believe me, you are in the right place at the right time.
KINGSLEY: What!?
MARY: If you are able to survive the present moment, you can't remain the same.
(Mary spontaneously checked her wristwatch and saw how time has flown. She said their conversation needs to end for him to get rest and prepare for school the following day. While leaving, she told him his dinner is on the way).
SCENE SIX
As years passed, there was still hopeful news about the mysterious kidnap in Mgbakwu. Except for Kingsley's immediate family and the leaders of the Umueze clan, most townsmen and women are now gradually moving on from the sad and mysterious ordeal. Two foremost leaders of the clan met very early one morning to evaluate the mysterious kidnap of Kingsley, its aftermath and its implications for their clan.
NZE RICHMOND: Please come in, Mazi Ihuoma. Have a seat. I think we need to lower our voice as we speak.
MAZI IHUOMA: Nze, the situation is continually worsening, and our clan is directly at the receiving end!
NZE RICHMOND: Man is nothing without wealth. Our people say "aku n'esi ob'ike" {wealth strengthens the heart}. We are becoming the losing team.
MAZI IHUOMA: We need to change tactics. Something urgently needs to be done to bring back that boy, or we will be hungry forever if Mazi Odoh himself passes on.
NZE RICHMOND: Their family is really known for being hardworking and no other family can really manage that farm for us. We are really lazy!
MAZI IHUOMA: Nze, are you for us or against us? Are you insulting our forefathers for coming up with this plan? Please we need to ideate plans to solve this problem and save our collective future!
NZE RICHMOND: Hhmmm... Do you know it would have been better if we had kidnapped the boy ourselves and released him when his father passed to ensure our interest is guaranteed.
MAZI IHUOMA: The time is ticking against us!
SCENE SEVEN
The kidnap den, for Kingsley, has now turned to a nursery bed. The den is a university environment where his movement was constrained only to the classrooms for lectures and his little room. Many in school assumed that Mary is his wife, because they were always together at every place on the campus, but the secret remained a secret. Kingsley cooperated with all laws. He missed his family, especially his mum, and even had nightmares sometimes about her. A couple of years have passed, and Kingsley endured it all. He didn't want to aggravate the situation by disobeying any law or running away since he was making progress in his academic dreams and in his personal esteem.
During his time as a student, he was popular for his intelligence and comportment. At one time, he was elected the president of the students' union. At the graduation ceremony, he won the prestigious best-student award. The Dean of Student, Barrister Dr. Kehinde Fasinu, when presenting the award, reminisced about the first time Kingsley impressed him as a new student in the school during Philosophy of Law class.
DR KEHINDE: Let me begin by introducing myself. I have the singular privilege to be the Dean of Students Affairs of this great institution and at the same time the lecturer of Philosophy of Law.
STUDENTS: (An applause)
DR KEHINDE: To my credit, I have been the dean for the past five years and this is the eleventh year of teaching this course. So there is a lot I have for you and I suppose you have for me too. So let's do some housekeeping. Each of you will give short introduction of himself, beginning with those by my left.
STUDENTS: (One after the other, the students introduced themselves).
After this exercise, Dr Kehinde proceeded to introduce the course to them.
DR KEHINDE: So just to give a short preamble. From their earliest times, there have been an intersection between law and philosophy. In fact, ancient Greek philosophers like Epicurus, Socrates, Aristotle, Plato, among others, had an interdisciplinary approach to scholarly studies. They explored ethics, law, metaphysics, politics, etc, as part of their philosophical enquiries.
KINGSLEY: So sir, at what point was a distinction made?
DR KEHINDE: That came gradually during the Renaissance and Enlightenment era. During this era, there was more of a scientific emphasis in scholarship. But the relationship between the two disciplines is even more evident when you consider the fact that philosophy, which is the use of logic and our rational faculties to enquire about reality, is also essential to understanding the concept of what is ideal in a situation, which is what law is about. In sum, logic is crucial to decipher an ideal.
PIUS: Excuse me sir!
DR KEHINDE: Yes, go on.
PIUS: Talking about the ideal in a particular situation. Let me share this story and have your comments.
DR KEHINDE: I do not want to be the only one to comment. It should be an interactive class.
PIUS: So sir, what will be your ideal response to a case of theft on the school campus. The suspects were caught red-handed with the evidence and were brought before you.
DR KEHINDE: (cuts in) I like your example. It's very elementary and good for our class because it's always good to begin with the simple facts, the basics.
IDOWU: Sir, I think we need to underline the fact that deterrence is the backbone of criminal justice, for it is the fear of punishment that deters potential offenders. Hence, since you are an important administrator in the school, the Dean of Students, in the extant case, you only need to punish the suspects as a deterrent.
KINGSLEY: Permit me to express a different opinion, sir.
DR KEHINDE: Go on please.
KINGSLEY: Sir, from my little studies, I came across a legal concept called jurisdiction. It is commonsensical as it is important. In simplistic terms, it is about the scope of authority of a government official or court. It concerns the right or authority of a court or government to hear and decide cases, as well as to enforce its decisions.
Many students began to murmur. One summoned courage, and in a jovial tone said:
IDOWU: Guy, are you a student or a lecturer or even the attorney-general of a state?
All laugh. Kingsley's brilliance continue to dazzle everyone as the noise continued.
DR KEHINDE: Silence everyone. Kingsley still has the floor.
Decorum is restored
KINGSLEY: Now, there are basically different forms of jurisdiction like territorial jurisdiction which has to do with the authority of a court to hear cases that arise within a defined geographical area, like a state or a country. While subject jurisdiction concerns the authority of a court to hear cases revolving around particular issues like industrial matters, family disputes, embezzlement or public funds, etc. In conclusion, in the example Pius gave, it is my opinion that the ideal thing to do is to relate the matter to those with jurisdiction to act on the matter. And the starting point is the police. Thank you sir.
After relating this story, the dean continued his speech at the graduation ceremony. He noted that at that particular point in the class, the entire class was silent. Everyone was bamboozled. He was personally confused as to whether he was in a conference of fellow legal practitioners or in a class of newbies in a law school. After narrating the story, he proceeded to give Kingsley the award amidst the cheering crowd. As one of the merits of the award, he was to be recommended by the school to distinguished public organisations.
SCENE EIGHT
It's now the eleventh year after his kidnap. Mgbakwu people are still in the dark about what had happened to Kingsley. To avoid the abomination of the living-dead from befalling the village, they have to conduct the traditional funeral ceremonies for Kingsley. The living-dead refers to those who have left the earth but have not been bade farewell and initiated to join the ancestors. Hence, their spirits can only wander around the earth. On the slated day, all gather at Mazi Odoh's compound.
MAZI ODOH: (Holding his wife tenderly) Please just hold yourself for me. Let's take solace in God.
ORIAKU NNEOMA: (Having cried all night till that morning, could barely talk. She replied with an indistinct voice) Only God knows.
MAZI IHUOMA: (Speaking to Nze Richmond) We should not be at the back of the crowd. Let's move towards the front to stand with other members of the clan.
NZE RICHMOND: I feel so bad. The future of our clan shall not be destroyed during my reign as leader.
All gathered are moody. The grave has already been dug and the priest enters the arena to begin the rites. Few of Kingsley's belongings were put into the coffin to represent him. The priest begins by sprinkling ashes on the gathered "Ogirishi" leaves. He invokes the aid of the gods to lead the departed. The leaves are placed inside the coffin by the priest. Each member of the immediate family now comes out to eulogise the deceased and advise him on what he should become and what he needs to desists from when he reincarnates.
MAZI ODOH: My son, my only son. You were my pride and the joy of all. Remain as well-mannered as you were in your next world. It's hard to say goodbye.
ORIAKU NNEOMA: Dear son, I can't come to terms with what everyone is saying. All on mind to say is: "For the good, it is all good and for the bad, it is all bad. God be with you".
UKA: My handsome brother, in the next world please be my brother!
Other nuclear and extended family members joined the queue and at the end, his remains was lowered into the grave. Different men who had gathered helped to cover the grave and all departed sorrowfully.
SCENE NINE
Despite his graduation from school, the accolades and his subsequent call to the bar, Kingsley has not gotten his total freedom. The nightmares about his mum has not ceased. He still doesn't understand why he was forcefully captured from home, blindfolded for three months, enrolled in a school where he enjoys a scholarship and constrained to spend eleven years of his life in a particular location. Immediately he graduated, Mary's task was finished. She never came around him anymore. She disappeared unceremoniously, to Kingsley's surprise.
Meanwhile, the popular discontent about the provisions and implementation of a law on naira abuse was gaining traction in the country. A good number of Nigerians were unhappy with the way government agencies were apprehending people and prosecuting them. Now, a non-governmental organisation, National Movement for Social Change, decided to challenge the provisions of the law against naira abuse in court. The organisation wanted a legal practitioner that is brilliant and that has no political interest in the country's political landscape to take over the case. Based on his academic records and antecedents, Kingsley was recommended and this spotlighted him.
It is the second of September, 2024 and the city of Abuja is, as usual, bustling with myriads of activities. In the Abuja High Court too, it is a pulsating day as a crucial issue with far-reaching national consequence is to be determined. Within the courtroom, people began to filter in and find their seats. Various people coming from the crème de la crème of the Nigerian society, including lawyers, journalists, human rights activists artistes, politicians, among others were all well represented in the court.
As the judge enters, the clerk lifts his voice:
COURT CLERK: All rise. The Abuja High Court is now in session. The Honourable Judge Nneka presiding.
Everyone stands as Judge Nneka enters the courtroom and takes her seat.
JUDGE: Will the counsels please announce their appearances for the record?
PROSECUTING COUNSEL: May it please this honourable court, I am Barrister Kingsley Obi, SAN. Appearing with me are Professor Blessing Akpojivi, SAN, Barrister Loretta Uzochukwu, SAN and Barrister Professor Chidera Chidi. Our appearance is for the plaintiff.
DEFENCE COUNSEL: With profound humility to this noble court, I am Professor Matthias Chukwuemeka, Esquire. Appearing with me are Barrister Chisom Okafor, SAN, and Professor Johnbosco Ifesinachi, Esquire. Our appearance is for the defendant.
JUDGE: Clerk, could you please announce the cases for today's docket?
CLERK: Thank you, Your Honour. On this day, Monday, 2nd September, 2024, the first case on the docket is The National Movement for Social Change versus the Bank of Nigeria. Case number CIV 94026. The National Movement for Social Change is represented by Barrister Kingsley Obi. The defendants, the Bank of Nigeria and the Attorney General of the Federation are represented by Professor Matthias Chukwuemeka, Esquire. The case challenges the legal and moral propriety of the provisions of Section 21 of the Bank of Nigeria (BON) Act, 2007.
JUDGE: Thank you Clerk. Counsels, please confirm your readiness to formally begin with the proceedings?
PROSECUTING COUNSEL: Respectfully my Lord, the prosecution is ready.
DEFENCE COUNSEL: Yes, Your Honour, the defence is also ready.
JUDGE: Thank you counsels. We will now proceed with the opening statements.
PROSECUTING COUNSEL: Thank you, Your Honour. Ladies and gentlemen of the jury, today we will present evidence that proves beyond reasonable doubt that the defendants, the Bank of Nigeria and the Attorney General of the Federation need to revise or at best discard the controversial section 21 of the BON Act.
Your Lordship, the notorious Act was passed in 2007 during the tenure of Professor Chukwu Salama as BON governor.
(Abrupt interjection by defence counsel)
DEFENCE COUNSEL: Objection my Lord!
JUDGE: On what grounds, counsel?
DEFENCE COUNSEL: The prosecution used a pejorative language to describe a national institution such as the Bank of Nigeria and its laws. To have used the adjective "notorious" to describe the BON and its laws is an evident disrespect to our national consciousness, and more importantly, to the sanctity of this noble court! His problem is even with a section of the Act, not with the entirety of the Act. So why such an appellation?
JUDGE: Objection sustained. Counsel may rephrase accordingly.
PROSECUTING COUNSEL: As it pleases this honourable court, my Lord, during the tenure of Professor Chukwu Salama from May 29, 2004, to May 29, 2009, certain significant reforms were implemented. Among them is the 2007 BON Act which is the subject of this case. The implementation of section 21 has been a subject of controversy lately. Subsection 1 states: "A person who tampers with a coin or note issued by the Bank is guilty of an offence and shall upon conviction be liable to imprisonment for a term not less than six months or a fine not less than fifty thousand naira or both such fine and imprisonment".
To further expatiate what tampering or abusing the Nigerian currency entails, My Lord, subsections two and three of section 21 puts it that any deliberate act of stumping, stapling, tearing, squeezing, soiling or writing on the naira note, all constitute an abuse. It also adds that the spraying of or dancing on the naira at social functions is equally punishable for the same reason.
Respectfully my Lord, the contentious issues surrounding the provisions of this Act are hereby itemized. First, my Lord, there is a potential vagueness in the construal of tampering and mutilation in the Act. My Lord, I can understand it when writing on or soiling the naira is criminalised, but to say in section 21, subsection 5, articles 1 and 2, that to spread or adorn the body of another with the naira note is equally a criminal offence seems preposterous!
(Defence counsel cuts in sharply)
DEFENCE COUNSEL: Objection, my Lord! The prosecution is purely speculating. He is interpreting the Act according to his whims and caprices which is an aberration in legal jurisprudence.
PROSECUTING COUNSEL: (Immediately the defense counsel says: "Objection, my Lord! The prosecution is purely speculating...", the prosecuting counsel raises his voice and they both speak simultaneously, hustling to get the attention of the judge!) "My Lord, my words are not speculations, they are based on the letter and spirit of what is contained in the aforecited section".
CLERK: (Exclaims) "Order in the court!"
JUDGE: Objection overruled.
PROSECUTING COUNSEL: Thank you Your Honour! My Lord, I also put it to this honourable court that the vagueness of this Act against naira mutilation is further eroding the public confidence in the legislative and legal system of our dear country. My Lord, in the case of the state versus Sussex Justices, Ex parte McCarthy (1924) 1 KB 256, Lord Herwart famously stated: "It is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done".
However, my Lord, since the Financial Crimes Commission started chasing after those who allegedly abuse the naira, only two convictions have been successful. Meanwhile, numerous videos of various politicians spraying naira notes at parties and political campaigns have been sent to the Police Department and the Financial Crimes Commission but no arrest has been made.
DEFENCE COUNSEL: Objection, Your Honour, hearsay.
JUDGE: Objection sustained!
DEFENCE COUNSEL: Thank you, Your Honour. With profound humility to this noble court, my Lord, I am displeased that my noble colleague, a learned silk, relies majorly on hearsay to advance his arguments that the law enforcement agencies have selectively tried accused citizens. My Lord, I strongly plead that this honourable court should discountenance such submission, as the law enforcement agencies are doing all in their power to curb crime and create a better Nigeria. My Lord, section 37 of the Evidence Act is clear that hearsay evidence is inadmissible in the court of law.
Also, my Lord, the Supreme Court has underscored the necessity of direct evidence rather than hearsay in legal proceedings in Nigeria in the election petition case of Jim Nwobodo versus Christian Onoh (1984) 1 SCNLR 1.
PROSECUTING COUNSEL: (Cuts in) Objection, my Lord!
JUDGE: On what grounds counsel?
(The prosecuting and defence counsels speak angrily and simultaneously again. They both begin the underneath speech causing an uproar).
CLERK: Order in the court!
JUDGE: Both counsels should step forward.
(Both come out and stand directly in front of the judge)
JUDGE: (Pointing to the prosecuting counsel) You may begin.
PROSECUTING COUNSEL: Your Honour, the case before this noble court is one that is founded on national interest and on the integrity of our legal system. It cannot be influenced by the proceedings of election petition case laws.
DEFENCE COUNSEL: Respectfully my Lord, the Supreme Court is the highest court in our land. It provides finality of judicial decisions, policy influence and guidance for lower courts. The Evidence Act is also very clear about the method of admitting evidence in Nigerian courts. I do not see any need for this drama!
JUDGE: Objection overruled. May I remind the counsels that civility cannot be sacrificed for anything as long as any court session lasts.
DEFENCE COUNSEL: Thank you, Your Honour. My Lord, I believe that the most important question in this suit has been left unattended to by the prosecution in its opening statement and arguments; namely: "Why does the law against the abuse of the naira exist in the first place? What are its merits? My Lord, the law exists because the naira is a national currency, hence, it deserves the same respect we are obligated to give to other national symbols, like the flag. Several progressive countries have similar laws protecting the integrity of their currencies. For instance, in Canada, we have the section II of the Currency Act; in the United Kingdom, we have the 1928 Currency and Bank Note Act; in South Africa, we have the South African Reserve Bank Act; and in the United States, we have the "Currency Mutilation Statute", U.S. Code § 333.
Secondly, my Lord, the BON has revealed that it costs a lot to replace abused or mutilated naira notes. For instance, The Punch Newspaper reported on the 18th of April, 2024 the revelation by the Bank of Nigeria that it costs her about two hundred and eighty-one billion to replace old naira notes from 2016 to 2020. My Lord, I put it to this honourable court that if the naira were treated with the respect it deserves, such exorbitant money could be channeled to other sectors of the society to accelerate their development. Thank you, my Lord.
PROSECUTING COUNSEL: In conclusion your Lordship, my position before this honourable court is that section 21 of the BON Act is riddled with a number of problems. The first is the vagueness I have already described. The second is the lack of proportionality of the law. My Lord, it is a norm that punishment for an offence should be proportional or equal to the gravity of the offence. Hence, to attach prison sentence to naira abuse is clearly an excessive punishment. In the countries my noble colleague has mentioned where similar laws against currency abuse exist, nowhere will you find such excessive punishment as a deterrent.
Finally my Lord, in both religious and social lives of our nation, the provisions of the CBN Act seem problematic. My Lord, if squeezing the naira is a criminal offence, then our mosques and churches should be closed because monies are sometimes squeezed during offerings and donations. Also, in the socio-economic sector, some businesses may be affected like the traditional singers, drummers and other artistes, whose profit depends largely on the money sprayed on them at events. Thank you Your Honour.
JUDGE: Having heard the arguments from both sides, I will take time to consider the evidence and legal submissions. Counsels for both parties are reminded to submit any additional documents before the end of forty-eight hours. Judgement will be delivered on a date that will be communicated later to both parties.
JUDGE: Clerk, is there any further business for the court today?
CLERK: No Your Honour.
JUDGE: (Hitting the gavel on the desk) This court is hereby adjourned.
CLERK: All rise!
SCENE TEN
Kingsley's face is now everywhere on the newspapers, national television stations, radio stations and the social media. Throughout the whole country, Barrister Kingsley has now become a household name, a source of joy, a cause of pride, and a source of bond among different country men and women. Though the ruling has not been given by the judge, everyone considered the legal battle a triumph. Kingsley is considered a hero, for even daring to be in the forefront to challenge the government of the day with such eloquence and fearlessness.
Back home, there are mixed feelings among the people of Umueze. They are equally awed and joyous like their compatriots. While the name and face of the new hero appear familiar to some, there were still some with feelings of uncertainty and confusion. In the house of Nze Richmond, the following conversation went on:
NZE RICHMOND: Ikenna, what are guys insinuating? I have told you children to stop engaging in abominations.
CHIKA: Papa, everything is possible o.
IKENNA: Check out the tone of his voice, his stature and his broad nose
IFENKIRI: And Papa the same person who has all these features still bears "Kingsley"
NZE RICHMOND: But the surname the Barrister bears is "Obi" not "Odoh". At best, it is his reincarnation. Kingsley has been declared dead and his traditional funeral rites have been completed. Mazi Odoh, the staunch Catholic, visits his grave every November 2nd.
The boys leave dissatisfied. The discussion has also continued in Kingsley's home. But his mum had already spoken to Mazi Odoh that they needed to make a surprise travel. To any questions from her husband about the details of the journey, she was quick to reply "it's supposed to be a surprise". His siblings, Uka and Ada, were asked to return home for the same reason. They all left very early the next morning. In an office inside the law school, this conversation ensued:
RECEPTIONIST: Good day sir, good day ma. You must be Mr and Mrs Odoh?
ORIAKU NNEOMA: Yes my daughter
RECEPTIONIST: Okay ma. Professor Uzoma has been waiting for your arrival. You are welcome.
MAZI ODOH: (Full of surprise) Thank you.
(They were led to Professor's office and given a set while they waited for him. Professor Uzoma was Oriaku Nneoma's lecturer in her university days. Now, he combines his teaching job with the work of managing a non-governmental organisation that supports indigent students. In less than five minutes, he walks in with Kingsley).
ORIAKU NNEOMA: (Runs to the door and hugs her son. The hug was prolonged, accompanied with kisses and loving pats) My King, my son, my pride. Today is my happiest day.
UKA: Hahaha!!! Kingsley banyi. {Meaning "Our Kingsley"} .
Everyone exclaims and joins the celebratory hug.
MAZI ODOH: (Breaks into tears and starts praising God)
After sometime of emotional hug, it was time to answer the many questions in the minds of everyone present, particularly Kingsley and the other members of the family. Oriaku Nneoma interrupted that emotional moment with her speech.
ORIAKU NNEOMA: I have a confession to make: I want to apologise to you my son, Barrister Kingsley, for putting you through all the painful experiences you have endured. To my lovely husband {at this point, she kneels and holds his legs}, I am sorry I did not inform you or involve you in any of the plan. And to my children, please forgive mummy.
UKA: Mum, were you the one who called the kidnappers?
ORIAKU NNEOMA: To you, at that time, it was a kidnap, but now you can see it was a divine arrangement to fulfil Kingsley's destiny. The elders of our clan stopped your dad and backed their plans with diabolic means that your dad's life may be lost if he had gone against them. Yes, I would have supported your dad to go against them. But I was not sure he would want to wholeheartedly do that. So I had to be proactive. I contacted my former lecturer for help and he promised to house him and put him give him a scholarship.
ADA: So, mummy, it was a kidnap after all?
ORIAKU NNEOMA: My dear, there is no way this could have been achieved if not through the kidnap plan. If the scholarship was announced just like that, the elders of the clan will fight against it with their blood. But it was still a kidnap after all because my son didn't leave here for the past twelve years. Professor Uzoma always gave me good feedbacks about how he was cooperating all through the plan. I think we have more reasons to thank God. With his exposure and expertise, the elders of our clan will be defeated. Lastly, God bless you Prof.
THE END.