*Chief Malcolm Omirhobo is the Principal Partner, Malcolm Omirhobo & Co., a human rights activist, who recently stirred ‘controversy’ at the Supreme Court, Abuja, and Lagos High Court, when he appeared in court in lawyer鈥檚 gown dotted with 鈥榥ative doctor鈥� attire. In a recent riveting 聽and revealing interview with The Guardian, Chief Omirhobo highlights reasons he wore Igbe religious garb to Court, and urges Nigerians to apply for guns in self-defence. The legal expert also relates how he had forewarned the citizenry about Honourable Justice Mohammed Tanko, immediate past Chief Justice of Nigeria’s incompetence before assuming office, culminating in widespread allegations of corruption, mismanagement, and colossal damage to the Nigerian Judiciary. He also laments that majority of Nigerians have been ‘highly oppressed and subjugated’ in their homeland. Excerpts:

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You were among the three persons that sued the Federal Government on behalf of the masses concerning Twitter ban. With the judgement in favour of the masses, how do you feel today?

I feel happy that I鈥檓 part of this historic judgement. I would say it鈥檚 an advancement to our freedom in Nigeria and Africa in general, that our governments should not trample on the rights of the people as provided for in our Constitution, the African Charter of Human Rights, and also the universal human rights as contained in international laws that the governments of Africa and Nigeria should not take the rights of their citizens for granted.

So, it鈥檚 a good thing that, at least, the ECOWAS Court has been able to pass the judgement in favour of the people, because we sued on behalf of the people. The people are happy that ECOWAS Court of Justice was able to pass the judgement in favour of the masses. So, I am happy about it.

Why did you choose to go to ECOWAS court instead of a Nigerian court?

Well, because the court has jurisdiction. I also believe that the court is speedy; we believe that the court would not be biased, and would not have any particular interest.

President Muhammadu Buhari, GCFR

But then, they still delayed, because they didn鈥檛 go with the speed we expected. You know, everything was doused down and fundamental rights of the people have been violated and abused, but the judgment is just coming. So, there鈥檚 no force, nothing.

But then, if it鈥檚 in a Nigerian court, you could still be there up till now. I鈥檒l give you an instance. I have a fundamental right action in Delta State regarding the restriction of my movements, right to freedom of movement and all that.

That matter has been on for five years now; four judges have sat on the matter. As we speak, the judges are scared of doing the right thing, because there is no independence of the Judiciary.

You hardly see the court or the judges that would stand and say to the Executive that, 鈥榳hat you are doing is wrong.鈥�

Four Judges have sat on the matter for originating motion on notice. Issues have been joined. Why? Because the Judiciary is afraid; there鈥檚 no independence of the judiciary.

The Judiciary is now an appendage of the Executive; they have been subsumed under the Executive. That goes to the appointment of Judges; when appointment of people to the Bench is based on connection or someone from either the government or Executive or somebody with connections without merit.

If you are good on the merit, you鈥檙e okay and you will be able to give sound judgments. If you give good judgement and they don鈥檛 like it, you can resign. But we don鈥檛 have such people any more or rather, we have very few of them. Now, you see people who just go to the Bench for survival; they want to lead. They want to make good life not necessarily because it is what they want; they鈥檙e practically begged to become Judges. They bring their children from abroad or from one obscure place and begged them to be Judges. Will that person perform? Whereas there are others who are born as Judges and they are not there. So, these are the problem; the Judiciary is very timid.

With this judgment, what鈥檚 your next plan of action?

Well, there is no action; the deed has been done. Twitter has been unbanned before now, and the rights have been violated, but it鈥檚 just for records and future purpose.

What鈥檚 your position on the Supreme Court鈥檚 judgement, which gives Muslim faithful the right to wear hijab in public schools as part of their uniform?

I鈥檒l borrow a leaf from the words of the dissenting judgment of Hon. Justice Okoro Inyang.

He said the reasoning of the Justices of the Supreme Court majority that held that decision was right, but their conclusion was wrong. I must state categorically that the judgment of the Supreme Court must be complied with. It鈥檚 an order and decision. It鈥檚 a judgment; it鈥檚 a decision that must be upheld and must be followed.

But understanding the power that they have; they ought to have been very careful coming to that decision. Every school will now have to wear hijab, even in missionary schools.

Photo collage of some of the abducted victims of the Kaduna train attack

So, if you come to my school, I have a Baptist Missionary College and you know the dress code, but because of that judgment, you can come to my missionary Baptist School and wear hijab. It doesn鈥檛 make sense.

They did it in Kwara State, and they brought it to Lagos. The Lagos High Court judge, the Court of First Instance, did well by saying 鈥榥o, you cannot do that, because hijab is not part of the education of the child.鈥�

Hijab is not part of the fundamental rights of the child. Even, the hijab is not something that is fundamental to worship in Islam; it鈥檚 not a must be.

So, what happened before now, when people weren鈥檛 going to schools with hijab? Did they die? Did it make them more pious, more religious, or close to God? It has not. So, it is the judgment of the Supreme Court.

I disagree with it, but then, we must comply with it. I鈥檓 a trained lawyer and must comply with this. The Lagos State must comply with it hoping it鈥檚 upturned. You must comply with it. Everybody must wear a hijab and everybody must also wear his or her religious clothes for worship to school and to anywhere.

That鈥檚 why I also went to the Supreme Court dressed in my Igbe clothes. So, we will comply with the judgment of the Supreme Court. I鈥檓 aware of a family that said their children would go to school dressed in Igbe. Are you going to take that away from them? If you don鈥檛 accept them, it鈥檚 discriminatory. If you allow this person to wear religious attire to school because it鈥檚 the mood of the person鈥檚 worship, and you say no to another, it becomes violation of their fundamental rights to freedom of thought, conscience and religion.

Then, if you must allow others to do the same, how do you think Nigeria would look like where you see Rastafarians, you identify them; you see celestial that wears dread locks, you recognise them. Does it make sense? We now leave our lives and face religion.

Religion is a private right, and private right cannot override the public right or interest. No right is absolute as far as law is concerned. Once everybody is not allowed, then it becomes the violation of rights to he or she that is not allowed.

Section 10 of the Constitution whittles down Section 38, which is that Nigeria is a secular state. Or that nobody or state should adopt any religion as a state religion; the Federal, states and the Federal Capital Territory (FCT).

Nobody should adopt a particular religion as his or her own.

What鈥檚 adoption of a religion?

It means this is not actually your own, then you take it and cater for it. That the government does not have any religion, but the government has taken part of a particular religion and adopt it. Adoption means taking; when you take, you鈥檙e going to cater for, you鈥檙e going to sponsor, you鈥檙e going to protect, you鈥檙e going to advance. These are the things you have to do for anything you adopt, because it becomes your own.

ISWAP-Boko Haram terrorists

So, saying that people can wear hijab in the public schools now funded with public funds, then, the implication is that you鈥檙e now propagating Islam over and above other religions.

Okay, you will now say, why did other people not wear theirs to school? No, they won鈥檛, because they know that Nigeria is a secular state.

How do you feel as a teacher when you see a child with charm in your class, will you feel safe? So, this is why I鈥檓 in the forefront of activism in Nigeria, because I have seen what Nigeria did for me, not directly.

I鈥檓 one of the people that have seen that out of every N1:00, every kobo counted. N1:00 I saw then is now equivalent to N100, 000 today. I鈥檓 not kidding; I saw it. It was painful that people from poor background, people who Nigeria had shown love and given everything 鈥� Ibrahim Babangida and Olusegun Obasanjo among others 鈥� but see what they have done to Nigeria. I saw unity, I saw peace, and I saw love among Nigerians.

That鈥檚 why when I see all these happening, it pains me that it is the same people that Nigeria has shown love from poor backgrounds that are the ones doing this to this country. That鈥檚 why I do my own in any little way I can, to speak for the voiceless, because majority of Nigerians have been highly oppressed and subjugated.

Could it be the reason you appeared in Igbe cloth in the Supreme Court and High Court respectively?

No, not necessarily. Let me tell you the truth; let鈥檚 not deceive ourselves. I鈥檓 against neocolonialism; I鈥檓 against what the Whites are doing to us. And it鈥檚 sad that Africans don鈥檛 want to understand. What is wrong with the African tradition? Some of the strongest things we had, the Whiteman had to destroy them. I鈥檓 not saying they are perfect. Okay, any tradition that says 鈥榢ill another man,鈥� then take away ‘kill’, and take other things that are good.

Now, tell me, are you not a Catholic? Don鈥檛 you go in front of a statue and bow? Now, you are saying that the Blackman鈥檚 religion is idolatry. What is idolatry about it? Most of us now pretend to be Christians or Muslims, but it鈥檚 a lie. We are still traditionalists, because we go to babalawo everyday. Yes, even the priests also go to native doctors.

Yes, when I was growing up, my parents patronised native doctors. Yes, we did. We went as far as Port-Novo, but I never heard my Dad say to one native doctor or herbalist, 鈥榢ill this man.鈥� The only thing I heard from them, was 鈥榦h, my gods, please don鈥檛 allow evil spirits to harm my children. Protect them.鈥�

They brought a razor or needles and made marks on our bodies or punctured our bodies and robbed black powder in it and asked us not to bathe for seven days that the spirits were working. Is that not what we call acupuncture today?

You know, growing up in the West, you can see someone who answers Bukola Ogunlabi in the West, or Chidera in Enugu. From the name of a child, you may not know whether he is a Christian or Muslim or an Igbe. Why do I need hijab to distinguish? It鈥檚 a bad thing for us to identify any body in school, or Police or Army by dress code. By this hijab, you are already discriminatory, because once a Muslim teacher sees a girl with hijab, she has found favour in him/her.

There are people that are Muslims, but their native names suggest something different, though they answer indigenous names.

So, let鈥檚 continue to comply with the judgment of the Supreme Court. I will advise the Lagos State to allow hijab in Lagos schools. There is a problem with the Blackman. We now leave our lives to play religion.

Coming to crisis at the Supreme Court, especially what played out when the Chief Justice of Nigeria (CJN), Hon. Muhammad Tanko, resigned and the controversies that followed it, what鈥檚 your take?

First of all, I will say that I warned Nigerians about honourable Justice Tanko, that he wasn鈥檛 the right person for that position in terms of competence. Go and find out, I said it and I鈥檓 saying it, again, that he was not a fit and proper person.

I said he wasn鈥檛 the competent person to be the CJN; it is on record. I filed six cases against Tanko to ensure that he didn鈥檛 assume the office.

If you want, I鈥檒l give you the particulars. Six cases, but nobody listened to me. Today, we can see the damage he has done. He continued to complain each time about corruption.

Any gathering he attended, he would talk about corruption. He sings corruption, whereas he does the opposite. He cried that there was no money in the Supreme Court, but he received more money than the past Chief Justices of the Supreme Court, that鈥檚 the heads of the Judiciary.

But what did he do with the money? He converted it to personalised race.

He had more money than others, but he was holding it, using the money meant for the fellow brothers at the bench for himself and his family.

The Nigerian Judiciary was dying in silence until the Supreme Court Justice was able to complain. When they complained, you know it has gone beyond redemption.

We used to say something like 鈥楯udiciary should not be seen but heard,鈥� but that is wrong. Who says the Judge cannot sue the government? Who says the Judge cannot sue the Supreme Court? I don鈥檛 know where we got that from, and they were dying in silence until they had to complain. So, the man (Tanko) is corrupt; he converted money.

How corrupt was the former CJN?

A day before I went to the Supreme Court in Igbe outfit, I wrote to the CJN and NJC. The first letter to NJC, I said, 鈥榞ive me the amount that you received from the Federal Government that is standing to the credit of the Supreme Court.鈥� You know how that works, the Judiciary, the Police, INEC鈥� everybody gives his estimates to the Executive.

The Executive will now look into it and agree or disagree.

Then, it sends it to the National Assembly, which will approve this money through appropriation. Once appropriated, the money that comes to the Judiciary is sent to the NJC and it (NJC) will now, from the Federation Account, distribute it to the heads of courts as provided by the Constitution.

By this, I then asked the NJC to give me the money since 2019 to date that they gave Honorable Justice Tanko to run the Supreme Court of Nigeria. That I wanted to know how much they received and how they disbursed. Interestingly enough, they responded. I have given the documents to the accountant, but one of my friends said, 鈥榥o, that was not what you asked for. You asked for an unedited account, but they gave you an audited account. What you asked for was the raw figure. They should tell you how much they received and how much they disbursed, simple.鈥�

So, that was not what I asked; I gave them seven days to do so. On the part of Justice Tanko, on the fifth day of sending the letter, he resigned as CJN. Note that before I appeared to the Supreme Court on Igbe cloth, I had sent a letter to NJC and Tanko in his capacity as the Head of the Supreme Court, based on the Freedom of Information (FoI) Act 2011. I have explained what I asked the NJC to give me, which they have given to me, but not what I wanted. But, Tanko on the fifth day of seven days, resigned on “health grounds”.

Well, many will not want to say this, but I tell you that he didn鈥檛 want to be embarrassed, and he knew that I was going to do that. Look! Which African go resign? He鈥檚 ready to die.

But the fire was too much on him from all angles, not me alone, everybody wanted him out and he had to leave.

On Arise TV, I said I was going to text (SMS) him and I would find out whether he would not answer me.

People are still asking me whether I鈥檓 going to continue now that he had resigned or I should quit; they want me to continue. They said that I didn鈥檛 write to him as a person, but the office. So, the new person (CJN) should render those accounts. That鈥檚 where we are on the matter now. Also, I need to clear the air to the Nigerian public before they will say that I have collected money and dropped the case.

What is your take on the monetisation of Nigerian elections as evident in the last primaries of the two major political parties where delegates were reportedly bribed? What does it portend for our nascent democracy?

It鈥檚 sad. What happened with those delegates鈥� election was very, very sad. I am not one of the people that subscribe to this election. I鈥檝e always insisted, I am still insisting, because it鈥檚 not too late, that we should go for a referendum.

You see with this energy we are using for this election, I am of the view that we should use it for referendum. I鈥檓 not in support of this election, but who am I? They are in the majority, and if I try on my own to say, 鈥榙on鈥檛 do the election,鈥� it will be like swimming against the tide; it can鈥檛 last. I have to go with the tide.

But be that as it may, the monetisation of the primaries of these two major political parties in the country is a big shame; shame and a disgrace. I will say it鈥檚 an insult on the electorate. Look at all the candidates of the major parties, apart from Peter Obi; all the other major players have issues of corruption hanging on them. Even the delegates and members of the parties have corruption charges.

All the Dollars that we鈥檙e supposed to use for students school fees, or health and for industries, they are keeping them for next year鈥檚 election. Look at what鈥檚 happening to the economy now. The scarcity of Dollars we have is because of the money these politicians are keeping for elections. So, it鈥檚 a sad situation that we have to bribe people in the primaries to be able to get positions.

Therefore, what do you expect the man that bribed you when he gets there? He鈥檚 going to recover his money. Somebody you know that doesn鈥檛 have the capacity will now give you N12 million as a delegate to vote him.

So, you have to mortgage the future of your children and the born generation? How long will it last for you? In my place, they say if you finished eating food and you鈥檙e not satisfied, it鈥檚 not by licking the plate or picking the ones on the ground that you would be okay. Forget the crumbs on the ground and licking of the plate; it makes no difference and that鈥檚 what we are doing.

So, the electorate should go for capacity and that鈥檚 why I鈥檓 happy with what is happening right now. That, at least, there is a fresh approach in this election.

We have a Labour Party that is giving the other parties good fights for their money. But then, I heard Peter Obi say 鈥榳e don鈥檛 spend money.鈥� Labour Party has to spend money on campaign. I鈥檓 not saying bribe the people, no. Even in America, you will still spend money on elections and campaign. If I have an opportunity, I will advise him. Yes, I know they are coming for you; that they do not ask you for money doesn鈥檛 mean you cannot on your own pay their transport or give them drinks or even lunch after election.

Labour Party needs to work very hard. All I鈥檓 saying is that there鈥檚 nowhere in the world you don鈥檛 spend money for election. I know our case is critical, that we are the ones that supposed to spend for somebody like the candidate of Labour Party; we are supposed to spend for him. So, you don鈥檛 need to wait for him if he doesn鈥檛 have it. In that your local government, tax yourself and make sure everybody is comfortable. He is the type that you don鈥檛 think of what the presidential aspirant will do for you or what the country will do, but think of what you want to do for your country and yourself.

So, I鈥檓 happy with this new blood or this new force that is infusing into the political system. Let鈥檚 see how far it will go. There鈥檚 a lot to be done. For me, and many people who want change, I think we should participate and encourage other people get their PVC to bring about positive change we want for this country. Not only for our sake, not for the sake of our children, but for the unborn generations.

Talking about insecurity and continued senseless killings in the country, what鈥檚 your take?

I have told you people that what is happening in Nigeria is genocide. Do you know in Nigeria, we have over 500 ethnic nationalists not 250? I鈥檓 telling you, look at it very well.

Over 500 ethnic nationalities with their cultures, their religions, and some of their cultures you don鈥檛 understand.

Go to Adamawa State for instance, you will see one ethnic group here and in the next two minutes or 30 minutes drive, you see another ethnic group. They don鈥檛 understand their languages, but they trade together; they do everything.

Now, these are the people, the indigenous people that are being wiped away. What鈥檚 happening today is deliberate. Some will say it鈥檚 ethnic cleansing, but I would say it鈥檚 genocide. Tell me, if you say people are bandits, will bandits kill people? Bandits will not kill, because if bandits kill the people that they steal from, who are they going to steal from tomorrow? They鈥檒l steal and leave so that tomorrow, they can still steal from you again or other bandits can still from you. But in this one, they kill senselessly, because there鈥檚 that internalised hate.

Growing up, when you get to Kaduna, do you know what you feel? You feel secured. Why? The presence of the Army! Now, tell me, where do you think we have the most of our arms and ammunition in Nigeria? It鈥檚 in Kaduna, not even Jos. When we are in the mood of fighting wars, they will have backup.

Now, this same Kaduna is where bandits have taken over; they have taken over the International Airport. They come into the towns, kill and go away.

What鈥檚 the distance between Kaduna and Abuja? Not much, with a good artillery or ballistic missile, you can strike Aso Rock from Kaduna. Despite the fact that you can attack from Kaduna, the state has been taken over by this people. That鈥檚 one.

Two, Niger State has been taken over. How many minutes drive is from Niger State to Abuja, from Shiroro or Suleja? They have taken over there. How many minutes is it from Suleja or Minna to the International Airport, 24 minutes? It means that these people can actually seize the country. Smell the Coffee; we are five minutes away from Afghanistan.

Again, smell the coffee, we are five minutes away from Afghanistan, whether you like it or not.

So, this election, if it doesn鈥檛 go the way of some people, they will make this country ungovernable for the next person. They will make it ungovernable, not only that, but they will destroy the country. Funny enough, the people who are bringing in foreigners to destroy this country.

If Nigeria is on fire, they will go back to their countries; you don鈥檛 have anywhere to go. They will not accept you in their countries.

Forget about some men that after stealing money, they go to Dubai and stay. It鈥檚 a lie; home is home. With your money in the US, they have a limit at which they can recognise you; they don鈥檛 give a damn. So, you are not accorded the respect you have here. You are still like the second-class citizen there. If you now bring people because they are your tribal men from other African countries to destroy your own country, your children will have nowhere to go.

And these people that you bringing to destroy the country, do you think that when they take over the country, and will hand it over to you? They will not; go and read history. These barbarians and savages you鈥檙e bringing in to destroy this country, if they takeover, they will not hand it over to you. They will take it for themselves and put you to the background. That鈥檚 what these people (Nigerian sponsors and saboteurs) do not understand.

So, the insecurity in this country is deliberate and it鈥檚 eating everybody up. That鈥檚 the truth.

Look at the Kuje jailbreak; it鈥檚 deliberate. Everyday, they keep on sending the Police and Army to international engagement when we have problems at home. All those people you are sending out, why not keep them here at home? You can imagine some riffraffs went and destroyed the train that we took loan from China to procure, and killed people, kidnapped people, keep raping and sodomising them. And you are warning them as if you are talking to your children? Please, I want to be quoted. I wish whatever is happening to the kidnapped victims for our leaders; let their family members be kidnapped, raped, and sodomised. That鈥檚 my wish for them to understand what the ordinary man is facing. That鈥檚 my wish. And honestly, and normally, you say I don鈥檛 wish this for my enemy, but I鈥檓 wishing this for our leaders.

Would you now advocate liberalisation of arms procurement for citizens鈥� self-defence?

On this insecurity, I鈥檓 one of the people that said let us arm ourselves. I don鈥檛 know if you read some time ago where I applied for AK 47 (assault rifle) through President Muhammadu Buhari? I applied and sent my application with DHL directly, and I have the Presidency鈥檚 acknowledgement copy. I applied for an AK 47, because he (President) is the only licensing person that can give me that gun as it鈥檚 prohibited.

The Commissioner of Police licenses the other ones like double barrel and Pump Action.

AK 47 is prohibited, but Buhari can license it and that鈥檚 why I applied to him. He has my letter. He refused, but I鈥檓 taking him to court with other 36 state governments.

What we need to solve this problem is balance of terror. If I have a gun and you have, even if yours is more sophisticated than mine, when you come to attack me, we speak the same language: violence. So, if you have violence and I have violence, you will be careful.

Okay, I鈥檒l give you an example, look at the US church where a madman went in and started shooting at the people. He killed two and it was the church members that gunned him down. Why? Because they have the opportunity to fight back and defend themselves. The Constitution gives us rights to life; right to property; rights to dignity of person; right to freedom of association, and all these rights are being taken from us by these bandits.

If the Constitution has given us these rights, the Constitution says we must defend these rights. The Constitution says that if somebody attacks you, you have the right to proportional force; attack that person back and if the person dies, you have not committed murder. So, what are we saying? The government cannot defend the people; let the people defend themselves.

Look at what is happening in Kaduna. If you get 100 Kaduna boys, give them guns, and mobilise them, they will enter that forest and bring the bandits out on their own. How many are the bandits? Yet, they have amassed so many arms and ammunition. Let me tell you my fear for this country; we are going to fight senseless ethno-religious war. I tell you, Rwanda is a child鈥檚 play, because these people are not ready to back down.

You can see the arrogance with which these things are going. Because some people feel that Nigeria is given to them, and they most take it over. That鈥檚 what this thing is all about.

Gradually, they are killing the indigenous people; they are taking them out. Go to some parts of Adamawa, there are villages that have nobody living in them; these villages are being renamed.

Go to Kaduna, see what they are doing; they have continued to kill people like chickens. Even the chickens are more secure than them, because when you attack chickens, they will cry and the owner will come out. But in this one, nobody; they will come, kill and go. The other day, some people came to a pastor鈥檚 house, shot the man, killed his two sons and took his daughter away.

I don鈥檛 know this God that we鈥檙e worshipping. I鈥檓 telling you, I feel so bad.

Are you saying if that man (pastor) had a gun, he wouldn鈥檛 have killed somebody? He would have killed somebody, knowing that he would be killed eventually. Then, his children would have the opportunity to fight for their lives; they have a fighting chance.

Mine is that everybody should go and apply for guns before it鈥檚 too late; that鈥檚 your right. Apply to own a gun; if the government refuses, come to me, I will go to court on your behalf free. This is my advice to Nigerians.

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