Empowering Democracy in Nigeria: Revealing the Truth About Free Speech – Confronting Olisa Agbakoba (SAN) and Drawing from History to Overcome Censorship and Embrace Intellectual Freedom.
In a recent Arise News article dated October 10, 2023, titled “Agbakoba: Lawyers Must Stop Debating Tinubu’s Alleged Certificate Forgery,” Olisa Agbakoba (SAN), former President of the Nigerian Bar Association, vehemently criticized the public debates surrounding President Bola Tinubu’s alleged certificate forgery.
Agbakoba expressed his dismay at lawyers engaging in televised debates, urging them to respect professional ethics and cease making the issue a public spectacle.
Agbakoba’s call for silence raises significant questions about the core principles of free speech and democracy. Who possesses the authority to curtail public discourse, particularly on matters of paramount public interest? While his intention to maintain the integrity of Legal proceedings is evident, it prompts concerns about stifling open dialogue, a foundation of democratic societies.
Analyzing Agbakoba’s statement highlights its potential impact on the legal system’s integrity and the democratic values fundamental to Nigerian society. Is his plea to silence discussions an attempt to shield specific individuals from scrutiny, or does it genuinely aim to uphold the sanctity of legal proceedings? These questions necessitate a thorough examination of free speech boundaries and the pivotal role of informed public discourse in shaping a transparent, accountable, and vibrant democracy.
In the annals of democratic history, the art of debate has always been a cornerstone. From ancient Greece, where citizens gathered to discuss matters of the state in the Agora, to the parliamentary debates of modern nations, the free exchange of ideas has consistently propelled societies forward. Democracy, as we understand it today, not only allows but encourages diverse opinions and dissenting voices. It is a system founded on the belief that through dialogue, informed decisions are made.
Freedom of expression, a bedrock of democratic societies, grants individuals the right to articulate their thoughts, ideas, and beliefs without fear of retribution. This freedom is not just a legal tenet but a societal ethos, fostering an environment where people can express their grievances, voice their concerns, and challenge the status quo.
However, the history of freedom of expression is also marked by periods of censorship and suppression. Throughout centuries, various governments and entities have attempted to stifle dissenting voices, fearing the power of public discourse. Yet, in the face of such challenges, societies have persevered, recognizing the crucial role of open debate in shaping public opinion, holding leaders accountable, and driving social progress.
In the context of Africa, Nigeria especially, the vibrant traditions of storytelling and communal discourse have long been integral to cultural identity. Griots, the traditional African storytellers, have passed down knowledge through generations, ensuring that wisdom endures. This tradition mirrors the essence of democratic dialogue, where ideas are shared, challenged, and refined, leading to societal enlightenment.
The history of free speech also includes dark chapters of censorship and suppression. The burning of books during various historical periods exemplifies attempts to control knowledge and stifle dissent. However, these acts of censorship only fueled the flames of curiosity and resistance. For instance, during the Renaissance, banned books circulated clandestinely, giving rise to secret societies of intellectuals who defied censorship.
Television, a powerful tool of modern communication, has played a pivotal role in shaping public opinion. Televised debates, akin to the Lincoln-Douglas debates in 1858, provide a platform for leaders to articulate their visions and engage in intellectual jousts. In the context of Africa, televised debates have the potential to bridge gaps in understanding, allowing citizens to explore complex issues collaboratively.
It is vital to reject condescension towards Africans, Nigerians included, honoring their capacity for robust intellectual discourse. African thinkers, including lawyers, artists, and activists, have made significant contributions, dispelling stereotypes and inspiring generations. Encouraging intellectual freedom nurtures the essence of democracy, fostering an environment where ideas flourish and societies evolve. By embracing open debate, Africa, especially Nigeria, can continue the legacy of enlightenment. Valuing diverse perspectives and celebrating open discourse can harness the boundless potential of its people, ushering in an era of enlightenment, unity, and societal transformation.
In democratic societies, public discourse serves as a mechanism for transparency, accountability, and understanding. It allows citizens to follow important issues, question decisions, and contribute to the larger societal dialogue. Restricting discussions on significant matters simply because they are in court would indeed stifle the very essence of democracy. Embracing open debate, even during legal proceedings, reflects a mature democracy that trusts its citizens to critically assess information and form their own opinions. It’s through such dialogue that societies grow, learn, and progress, making informed decisions that shape their collective future.
Democracy, as we understand it today, not only allows but encourages diverse opinions and dissenting voices. It is a system founded on the belief that through dialogue, informed decisions are made. Freedom of expression, a bedrock of democratic societies, grants individuals the right to articulate their thoughts, ideas, and beliefs without fear of retribution. This freedom is not just a legal tenet but a societal ethos, fostering an environment where people can express their grievances, voice their concerns, and challenge the status quo.
In the modern era, the importance of public debates has been underscored by the rise of mass media, especially television. Multiple TV outlets and diverse programming have become essential tools for educating the public and encouraging dialogue. In democratic nations like the United States, televised political debates have become pivotal in shaping electoral decisions, providing citizens with the opportunity to assess the competence and integrity of their potential leaders openly.
In Nigeria, where there may be concerns about the trust in the judiciary, public debates serve as a crucial avenue for citizens to engage with complex issues, including legal matters. These discussions not only promote transparency but also empower people with knowledge, enabling them to make informed judgments about the events and decisions that impact their lives.
It is disheartening to witness such a regressive stance on public discourse from someone of Olisa Agbakoba’s stature. His call to silence debates, especially in the context of legal matters, not only undermines the essence of democracy but also stifles the intellectual growth of a nation. This narrow perspective dismisses the vibrant history of democratic nations like the United States and Britain, where public debates, even on active court cases, have been instrumental in shaping societies and strengthening the fabric of their legal systems.
Agbakoba’s call for silence is a disservice to the very principles he should be upholding as a legal expert. Instead of encouraging enlightenment and empowering citizens through knowledge, he attempts to suppress voices and curtail the spirit of inquiry. It is a reminder that education in ethics, democratic values, and the art of open debate should be a continuous journey for all Nigerian lawyers, regardless of their professional achievements.
Certainly, open discourse and informed debate, especially concerning legal matters in a democratic society, are indispensable. Lawyers, as experts in the field, play a pivotal role in elucidating complex legal issues for the general public. Their engagements through various media outlets such as TV, newspapers, radios, and social media are vital. These platforms provide essential insights that help citizens comprehend the intricacies of ongoing legal cases.
In the case of Atiku Abubakar and Bola Tinubu, lawyers engaging in public discussions act as educators, breaking down legal complexities, explaining nuances, and presenting different legal viewpoints. This open dialogue enriches public understanding, fostering transparency and accountability in the legal process. Restricting lawyers from debating these legal points would hinder the flow of information, preventing the public from fully grasping the complexities of the case. Informed citizens are fundamental for a healthy democracy; they can critically evaluate information, form opinions, and actively participate in the democratic process. Lawyers, as facilitators of legal knowledge, ensure that the rule of law is not just a concept but a shared understanding in society.
This active engagement of lawyers in public discourse parallels the responsibility of newspaper editors disseminating important news to the public. Lawyers’ discussions ensure that legal proceedings are not shrouded in mystery but are instead subject to scrutiny, discussion, and understanding by the very people affected by the outcomes.
Embracing these debates reinforces the principles of democracy, upholding the values of openness, dialogue, and the dissemination of knowledge. Such discussions empower citizens, enabling them to make well-informed judgments, fostering a society where the rule of law is upheld not just in courts but also in the hearts and minds of the people. Lawyers’ discussions serve as beacons of enlightenment, guiding the nation toward a future where informed debates are celebrated, ensuring a vibrant and robust democracy for all.
Furthermore, lawyers, with their specialized knowledge, have a unique responsibility to educate the public about complex legal matters. In cases like Atiku and Tinubu, where intricate legal arguments are presented in court, lawyers simplify these arguments for the average citizen. By breaking down legal jargon and explaining the implications of various legal strategies, lawyers help citizens comprehend the nuances of the case. This education empowers individuals, enabling them to engage in discussions from an informed standpoint.
Transparent legal proceedings are the foundation of any democratic society. Lawyers, by engaging in public debates, significantly contribute to this transparency. When legal experts openly discuss the case, it demystifies the judicial process, showcasing that legal arguments are subject to scrutiny and discussion. This transparency fosters trust in the judiciary, reinforcing the democratic principle of accountability.
Public debates led by lawyers encourage citizens to think critically. Hearing different legal perspectives prompts citizens to analyze these arguments, question assumptions, and evaluate evidence. This process of critical thinking is essential for a thriving democracy. It equips citizens with the skills to assess complex information critically, empowering them to make reasoned judgments. Lawyers, through their debates, nurture a culture where thoughtful analysis is valued, contributing to a more intellectually engaged citizenry.
Historical parallels, like Watergate with Richard Nixon and the Monica Lewinsky scandal with Bill Clinton, that emphasizes that intense discussions about presidency, legality, and ethics are not signs of a broken system but demonstrations of a healthy democracy in action. Citizens actively participate, form opinions, and shape the societal narrative through scholarly and open debates facilitated by lawyers and others in various media outlets.
Encouraging debates on current issues, such as the Atiku and Tinubu case in Nigeria, is imperative. These discussions, even as the case goes through the court setting, shape the societal narrative regardless of the side one is leaning towards. Reflecting on cases like Bush vs. Gore in the United States in 2000 underscores how open debates surrounding legal matters enhance democratic understanding and transparency. In this landmark case, scholars, journalists, and lawyers engaged in vigorous debates broadcasted on national television, demonstrating the strength of the democratic system.
In essence, embracing open discourse and informed debate facilitated by lawyers is not only a testament to the robustness of a democratic society but also a pathway to an enlightened, engaged, and empowered citizenry, ensuring a vibrant and flourishing democracy for all. In the intricate tapestry of democratic societies, the cornerstone of true progress and enlightenment is the freedom of speech. This fundamental right, woven into the fabric of democracy, grants individuals, including lawyers, the power to express their thoughts, opinions, and concerns openly. It is the lifeblood of vibrant public discourse, nurturing a diverse exchange of ideas that propels societies forward. In the budding democracy of Nigeria, the recognition and protection of this right are paramount, essential for the nation to evolve into a thriving democratic society.
In the slow but steady progress toward becoming a democratic nation, Nigeria, like other burgeoning democracies, holds its public officials, including legal professionals, accountable for their actions and statements. Lawyers engaging in public debates, even on ongoing legal cases such as the Atiku and Tinubu matter, are not exempt from this scrutiny. Their arguments and interpretations are subject to intense examination, ensuring they adhere to ethical standards and accurate legal principles. However, their freedom of expression in the public arena must not be curtailed.
This accountability serves a noble purpose: to promote responsible public discourse. In the crucible of open debate, statements are scrutinized, not to restrict free speech, but to ensure they are backed by facts and legal expertise, thereby upholding the integrity of the legal profession. Lawyers, as guardians of legal expertise, contribute significantly to preserving democratic values by fostering open dialogue and robust debate.
Beyond the legal realm, the active participation of lawyers in public debates has far-reaching effects. It encourages civic engagement by enlightening citizens about legal issues, empowering them to question, think critically, and participate actively in public discussions, rallies, and peaceful protests. Informed citizens become the torchbearers of justice and transparency, advocating for these fundamental values within the democratic framework. Lawyers, by disseminating their legal knowledge, kindle a sense of civic responsibility, creating an informed and active citizenry.
At its core, the active involvement of lawyers in public debates safeguards essential democratic values. Freedom of speech and expression, cornerstones of democratic societies, allow lawyers to voice their opinions openly. When exercised responsibly, these rights bolster the democratic fabric. Lawyers, with their expertise, actively contribute to preserving these values by nurturing open dialogue and encouraging robust debate.
Crucially, debates like those surrounding the Atiku and Tinubu case fulfill a civic duty. They enhance public understanding, promote transparency, encourage critical thinking, hold individuals accountable, foster civic participation, and, above all, preserve the democratic ideals upon which society is built. The diverse perspectives offered by legal experts enrich public understanding, breaking down intricate legal concepts for the general populace.
These discussions emphasize the importance of the rule of law, demonstrating that even high-stakes legal cases can withstand public scrutiny.
As Nigeria strides forward, let the spirit of healthy debate be embraced, not as a threat to justice but as a cornerstone of democracy. The call for continuous education, particularly in ethics and democratic principles, is not a demand directed solely at individuals like Agbakoba; it is a collective call for societal progress. Our advancement as a society hinge on our ability to engage, challenge, and learn from one another, fostering an environment where ideas flourish, and democracy thrives. It’s time to cast aside archaic notions and encourage lively discussions that propel us toward a future founded on knowledge, inclusivity, and an unwavering commitment to the principles of democracy.
In the grand needlework of history, Nigeria, like all nations, has been shaped by various forces, including colonialism. Britain, as a colonial power, exerted its influence on the legal and political systems in many African countries, including Nigeria. While the adoption of American constitutional principles was a step toward embracing democratic ideals, the implementation hasn’t always been as effective as desired, underscoring the need for continuous discussions and reforms.
In this context, it becomes imperative for Nigerians to engage in open dialogues and debates. Recognizing that the roots of legal and political systems often trace back to colonial times highlights the need for continuous discussions and adaptations. By openly discussing these historical influences, societies can better understand their origins and work toward adapting these systems to serve their unique needs and aspirations.
Let us reject condescension towards any African and embrace the principles that have historically propelled societies forward: openness, dialogue, and the unwavering belief that informed citizens are the cornerstone of a thriving democracy. In doing so, we empower democracy, nurture freedom of speech, and ensure that the voices of every citizen, regardless of the context, are heard, respected, and valued. In this journey toward a robust and inclusive democracy, the call for open debates stands as a beacon guiding Nigeria, and indeed all democracies, toward a future that cherishes knowledge, inclusivity, and the unwavering commitment to democratic principles.
Nigeria, standing on the precipice of democratic progress, must staunchly uphold these fundamental principles that breathe life into its democratic ideals. In the echoing halls of open dialogues, societies find their voice, their progress, and the fortification of their democratic bedrock. The legacy of a nation isn’t merely etched in its laws and institutions; it resides in the collective wisdom and enlightenment of its people. Thus, let the debates reverberate, for in the clash of ideas, within the realm of open discourse, lies the truest path to an empowered, enlightened, and democratic Nigeria.
In the heart of Africa, particularly in Nigeria where democracy is a fledgling flame, open debates serve as potent catalysts for growth. They don’t just educate the populace about their rights; they inspire questioning minds, fostering active participation in the intricate tapestry of democracy. Picture it as a classroom where democracy itself is the lesson, and every debate forms a chapter, laden with historical depth and contemporary relevance.
Within the mosaic of diverse opinions, lies the exquisite beauty of democracy. It’s not merely about tolerating differences; it’s about celebrating them, recognizing that in the vibrant tapestry of perspectives, true democratic strength resides.
In closing, the call for open debates during legal proceedings isn’t just a plea for free speech; it’s an impassioned demand for a robust, thriving democracy. It’s a fervent plea to acknowledge the intelligence and discernment of the citizens, trusting them to engage critically and constructively with the complex issues that shape their nation’s destiny. Open debates aren’t a menace; they are the very essence of a democracy that values its people and their inherent right to knowledge and understanding. Oga Agbakoba, cease this assault on open dialogue and robust debate, and refrain from treating fellow lawyers with condescension. Freedom of expression, in any forum, by anyone, including lawyers, is an inalienable right that fuels the flames of democracy.
Professor John Egbeazien Oshodi, who was born in Uromi, Edo State, Nigeria, to a father who served in the Nigeria police for 37 years, is an American-based police and prison scientist and forensic, clinical, and legal psychologist. A government consultant on matters of forensic-clinical psychological services in the USA; and a former interim associate dean and assistant professor at Broward College, Florida. The Founder of the Dr. John Egbeazien Oshodi Foundation, Center for Psychological Health and Behavioral Change in African Settings. In 2011, he introduced state-of-the-art forensic psychology into Nigeria through N.U.C. and Nasarawa State University, where he served in the Department of Psychology as an Associate Professor. He has taught at various universities and colleges including Florida memorial University, Florida International University, Broward college, Lynn University, and a contributing faculty member at the Weldios university in Benin Republic, Nexus International University, Uganda, Nova Southeastern University and Walden University in USA. He is a Human Rights Psychologist with a focus on African related environments. [email protected]
The post Empowering Democracy in Nigeria: Embracing Robust Debates Amidst Agbakoba’s Call for Silence – Defying Misguided Notions -By John Egbeazien Oshodi first appeared on Opinion Nigeria.
