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Friday 31 July 2015

‘NIGERIA'S TRUTH AND RECONCILIATION PROCESS’

To achieve this end I am suggesting that Nigeria needs to adopt the template of a Truth and Reconciliation Commission to clear its decks before it can move forward. I am aware that the administration of President Olusegun Obasanjo set up a panel in Nigeria but its powers and roles were far too limited.[1] The Commission he appointed on June 4, 1999, was restricted to the investigation of human rights abuses committed from December 31, 1983 until taking office on May 29, 1999.  However, the Commission had serious shortcomings.  It assumed Nigeria’s problems started in 1983, it had no powers of subpoena and it was subject to the jurisdiction of the courts.

The new Nigerian Truth and Reconciliation Commission I propose will be free of government control and have a remit that allows it to go back to 1914 Amalgamation of Nigeria up to the present time and examine the legitimacy of the transaction which led to the purchase of the area called Niger area from the Royal Niger Company (now Unilever) for £800,650.  It suggested that most countries are birthed from shared ideals; however, Nigeria seemed to have been created to fulfil a business requirement.  The question is how do me move from a transactional relationship to build a nation of shared ideals?  Is it still possible?   Therefore main remit of any such Truth Commission will be to explore:

"The establishment of national shared ideals, unity and reconciliation in a spirit of understanding which transcends the conflicts and divisions of the past", the Commission's objectives will be to:

(1) establish the legitimacy of the transactional relationship that led to the establishment of Nigeria; (2) establish as complete a picture as possible of gross human rights violations and corrupt practices perpetrated between 1914-2012 by conducting investigations and hearings; (3) facilitate granting of amnesty in exchange for full disclosure of truth for acts with a political objective within guidelines of the Act and on condition in the cases of corruption that appropriate restitution is made to their respective local government areas; (4) make known the fate of victims and restore their human and civil dignity, and allow them to give accounts and recommend reparations; (5) make a report of findings and recommendations to prevent future human rights violations.  (6) make provision to exclude all those who have admitted to gross human rights violations and corrupted practices from any future political dispensation in return for their amnesty and on condition that appropriate restitution is made.  It will report to convocation of the Nigerian people freely chosen through a democratic process.

These should mean that traumatic events, like the Nigerian Civil War and the various coups will be covered, ancient myths unravelled, hidden truths exposed.  It will also question the legitimacy of the amalgamation of North and South and the creation of States.  The setting up of such a Commission will be seen as a testament to the power of truth in the face of denial, the resilience of the human spirit in the face of despair, the triumph of the Nigerian people over the kleptocrats, the 100 percenters, mis-managers and crooks who’s only ambition is the murder of their dreams and a reminder to all peoples, that atrocities and injustice against the Nigerian masses must and will never stand.  It will also give voice to the words of Franz Fanon who said:

The future would have no pity for those men [and women] who, possessing the exceptional privilege to speak words of truth to their oppressors, have taken refuge in an attitude of passivity, of mute indifference, and sometimes of cold complicity’

The setting up of the Commission will be part of a process that allows us to convene a sovereign conference of the people, which re-examines the question that is Nigeria, and determine future constitutional relationship of its constituent parts.  It must be a process that allows Nigerian people to reclaim their voice.   A process which brings out the courtesy of the Hausas, the principled positions of the Tivs, the flamboyance of the Yorubas, the determination of the Igbos and the very positive aspects the other tribes offer us.

I am aware that some might argue that we would be letting criminals go scot free in order to aid political expediency.  I will draw them to the quote from Kadar Asmal who argued that:

“I therefore say to those who wear legalistic blinkers, who argue that immunity would be an affront to justice, that they simply do not understand the nature of the negotiated revolution that we have lived through, we must deliberately sacrifice the formal trappings of justice, the courts and trials, for an even greater good:  Truth.  We sacrifice justice for truth so as to consolidate democracy, to close the Chapter of the past and to avoid confrontation.[2]

If we are to stand any chance of moving forward as a nation we must construct a process which allows its peoples to reclaim their voice and ‘Speak Truth to Power’, but also that allows power a negotiated way out into retirement.  Power must be presented with two alternatives negotiate or become oblivion itself.

A valid question about this process, is does a Truth and Reconciliation process not re-open old wounds and create more bitterness?  However, this is premised on a suggestion that the wounds were closed or healed in the first instance.  What remains abundantly clear is that the wounds of old remain like an open sore, untreated and festering as evidenced by Chinua Achebe’s recent book ‘There was a Country’.   I suggest that only a process that allow people to tell their own stories, to reclaim their voice will lead us to the kind of progressive nation we crave.   We need to embrace the belief that:

“A lie cannot use truth to sustain itself’ and because of the importance of people being able to tell their stories, because their identity was linked so inseparably with their stories.”[3]

I also think the proposal of a truth and reconciliation process is not an abstraction limited to academic research but one that can help uncover pervading myths.  Judge Albie Sachs, the intellectual force behind the South African Truth and Commission who I was privileged to meet during my fieldwork for my doctorate argues that:

 So I think the reasons for a truth commission close to the event is to prevent future generations from highjacking memories and manipulating them.  Once could see the examples of Yugoslavia how ancient stories began to be used at dehumanising the opposition.

This argument is supported by a speech made by Adv. de Lange during the President’s tabling of the recommendations relating to South African TRC, where he stated:[4]

“Inner unity requires reconciliation and this in turn requires the public recognition of the historical truth.  Those who are meant to forgive must know what they are forgiving.  It is therefore insufficient to establish the historical truth in merely an abstract manner.  Instead, the violence of the past and its causes must be named, the suffering of the victims concretely established.  Truth has precedence over punishment, but also over amnesty.  Acknowledgment legitimises amnesty silence excludes it.  Punishment can to a certain extent, be negotiated.  The truth cannot.  This is South Africa’s message to societies in transition.  There is no reconciliation without truth.”

There still too many myths in Nigeria; there is the story of how the first Prime Minister, Sir Abubakar Tafawa Balewa consumed forty-two cups of tea at conference in London because he was unaware of protocol.  Yet, when you saw him from old videotapes on You Tube, bestriding the globe after Nigeria’s independence you saw the confidence of a man certain of his destiny.  When you heard him speak, his diction was that of a well-educated and enlightened man, in fact was eloquence had a silky feel, he was indeed golden in his voice. 

In the myths also surrounding the persona of the Rt. Hon. Dr. Nnamdi Azikiwe,

Phillip Emeagwali explains:

“For many of those who lived in colonial Nigeria, Nnamdi Azikiwe was a super-man sent especially to free them from alien rule. Unable to understand Zik's persona, fables were woven around him. A story has it that as a child, Zik saw an old woman carrying a heavy load. Moved with pity, he offered to help her. On reaching her home in the forest, the old woman who was in fact a spirit, asked Zik what she could do for him. Zik requested for wisdom and power. The woman obliged. She cut Zik into bits and boiled the flesh in a big pot. Later, she magically brought him back to life. On her request, Zik killed the woman to prevent her from performing the same feat for others. That explains his legendary source of wisdom and power over his fellow man.

Another has it that with the magical gift from the old woman of the forest, Zik managed to extricate Nigeria out of a deadly situation. Ages ago, the Atlantic Ocean was inhabited by a wicked mermaid who caused the water to overflow its banks perennially to drown thousands of Nigerians. For a long time, the people of Lagos prayed for a redeemer. None came. When Zik learnt of their predicament, he went into the ocean and challenged the wicked mermaid to a contest. First, Zik changed into a spirit, entered a bottle and then came out. Then he dared the mermaid to do the same. The mermaid quickly changed into a spirit and entered the bottle. But before it could come out, Zik corked the bottle and took it away. Since then the Bar Beach has been given less trouble. The moral of the fable was that if Nigerians annoyed the politician too frequently, he could release the mermaid to torment Lagosians again.  Could if be that he had actually released the mermaid to cause the recent flooding of parts of Victoria Island?”

In the same way, myths have been built up over the Nigerian Civil War, coups and the pre-independence period.  Only an open process independent of the Nigerian Government can open up a space where people’s voices can be heard and the truth established.

Finally, I believe the adoption of such a truth and reconciliation process represents the only opportunity to prevent a messy and uncontrolled schism with its devastating consequences.  It represents the last chance saloon for the current crop of our ruling class to relinquish power and the fruits of their corruption peacefully.  It is a compromise solution but one that might guarantee we move forward beyond the present malaise.  What is certain is that Nigeria cannot go on as before, business as usual.
In drawing from my research into the South African truth and reconciliation process I am certain that while many countries emerge from a totalitarian or corrupt system through a state of collapse rather than military victory, South Africa emerged through negotiation, and therefore had to deal with the messy business of compromise.  It is a lesson that Nigerian can learn.  I know that many will be concerned that I advocate for a process where truth might be compromised but Judge Albie Sachs who I have spent some time with does not agree that truth itself was compromised in the South African context, he concedes depending on the definition of Justice, however, justice may have been partially compromised.[5]

In Nigeria like in the South African context, we will have to grapple with the question of whether a moral basis exists for compromise.  I suggest that the Nigerian process must have an irreducible minimum and that is a commitment to truth. As Roberto Canas of El Salvador puts it:

"Unless a society exposes itself to the truth it can harbour no possibility of reconciliation, reunification and trust. For a peace settlement to be solid and durable it must be based on truth."[6]




[1] United States Institute of Peace., Op. Cit.,  Sources: Post Express 07/25/1999 and 06/16/1999. http://www.postexpresswired.com/; The Electronic Telegraph, 08/22/1999. http://www.telegraph.co.uk:80/; Washington Post 06/08/1999.
[2] Asmal, Kadar (1995)., Hansard 1995: pp. 1382 –3 Act No.34 of 1995: Promotion of National Unity and Reconciliation Act 1995.
[3] Du Boulay, Shirley (1988)., Tutu, Voice of The Voiceless., London: Hodder & Stoughton.,  p.264
[4] De Lange, ADV Speech during the President’s tabling of recommendations relating to the TRC 15 April 2003.  http://www.anc.org.za/ancdocs/speeches/2003/sp0515b.html [Accessed on 13th April 2005].[5] Sachs, Albie (2003) Interview with Olu Ojedokun held on 9th March 2003 at King’s College, London, he says:
“If people say that justice was compromised…...but I don’t think any truth was compromised whatever your standards. If justice is understood strictly in terms of accountability and punishment, by deprivation, then one might say it was affected.  But to my mind justice is a much richer concept than that, accountability yes, there was accountability in the sense of having to publicly acknowledge what you have done and that was accepting responsibility.  Accountability to shame, imagine a person goes home and Daddy did you do that its on television?  It is not an easy thing, its not getting away scot free, it is not the same as impunity.  The fact that it was individualised personalised created a direct link with individual responsibility, which is at the heart of accountability. There were pragmatic reasons as well, we just did not have the evidence, we would have had cases dragging on for years, placing burdens on the already overburdened law courts.Albie Sachs agued that from  a purely functional point of view, they could not get the evidence and it could have been arbitrary in its impact that many people who had done terrible things would get off because there was no evidence and others more smaller agents of wrong doing would be sent to jail. That a new sense of injustice will emerge.[6] Boraine, Alex (1996) "Justice in Cataclysm: Criminal Tribunals in the wake of mass violence:  alternatives and adjuncts to criminal prosecutions" http://www.truth.org.za/reading/speech01.htm
[Accessed 23rd October 2005] 

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