Stay of Execution: When Justice Decides to Take a Nap

 Stay of Execution: When Justice Decides to Take a Nap

Let us break down this mystery called "stay of execution"and expose the Nigerian judiciary's knack for turning logic upside down. Shall we? 

Imagine a teacher in a classroom after an exam and subsequent suspicion that one of his student cheated during the exams after investigations concluded that he did and then announces, “Ugo, you did not cheat in the exam!  You are free to go home.” Just as Ugo grabs his bag to leave the staff room, another teacher barges in and declares, “Not so fast, Ugo! You will stay back until we are absolutely sure, the first teacher was too generous.” Ugo sits there, confused and frustrated and while the second obsessed teacher scampers all over the place looking for non-existent incriminating evidence against a student whom has been cleared of any malpractice or wrongdoing. 

This is exactly what the Nigerian judiciary has done to Mazi Nnamdi Kanu. After the Court of Appeal acquitted and discharged him, one would expect the next step to be simple: open the gates of captivity and let the man go.But no! The government, with the blessing of some rather deceptively creative judges, slapped on a "stay of execution," leaving conscious minds pondering helplessly and asking, “Where is this done?

Let's not pretend this is about justice anymore. In civilized countries, a stay of execution is used sparingly. It is meant to pause a decision temporarily in complex cases where acting too quickly could cause irreversible harm. For instance: 

- If a man is sentenced to death and new evidence comes up, you stay the execution to review the case.  

- If a house is set to be demolished, you stay the execution to ensure no one’s rights are trampled upon. 

But in Kanu’s case, the court said he’s innocent. Innocent! Unguilty as charged. What’s left to pause? Are they waiting for the sun to rise from the west? Or are they expecting the judgment to rewrite itself?   

The Nigerian judiciary operates like a palm wine tapper who climbs a tree only to cut it down while still on it. They delivered a judgment, only to block its implementation. What’s the point of wearing those flowing black robes if they’re going to treat their own laws and judicial pronouncements like a child’s toy?  

Justice Tsnami’s infamous order granting a stay of execution is a perfect example of how the law can be twisted to fit political agendas. The Appeal Court judges themselves said the government’s actions were reckless, illegal, and an abuse of power by the act of international terrorism for kidnapping and extraordinarily renditioning Mr Kanu from Kenya. Yet here we are  months later, still waiting for someone to wake up and enforce the judgment. 

This is the level of absurdity and judicial obscuriry we are forced to face in a country described most western pundits and statesmen as "the largest democracy in Africa". The judiciary, instead of being the defender of the people, has become a puppet show where strings are pulled by invisible hands.  

Mr Kanu’s recently offered N1 million to any law student who can find a precedent for his detention under the context of the "stay of execution" counter order. If Nigeria’s legal system were a student, it would fail this exam miserably. No law book anywhere supports keeping an already acquitted person in detention. But in Nigeria, common sense is not common, and the rule of law has been replaced with the rule of “wait and see.”  

Even the Constitution, the supposed supreme law of the land, has been reduced to mere decoration. Section 287(1) and (3), which mandates obedience to court orders, might as well be written on toilet paper. After all, in Nigeria, “the law is an ass” and the judiciary seems determined to ride it straight into the mud.  

  

The Nigerian judiciary is fast becoming a global comedy show. While Kanu sits in detention, the rest of us are left to wonder: Is justice still alive, or has it gone on indefinite leave? 

If this is how justice is served, then we’re all at the mercy of a system that values politics over principles and rule of law. And, those unfortunate enough to find themselves in Nigeria are doomed. 

In the words of an Igbo proverb: **“When the lizard nods its head, it isn’t always in agreement; sometimes it’s just mocking the one watching.”** Perhaps that is what the Nigerian judiciary is doing nodding at justice while laughing behind its back. However, if human-induced justice fails to discharge its duties, the rigid nature's justice system will,  and there shall be no manipulation of nature's justice. 

Family Writers Press International.