Sunday, July 14, 2013

FROM AL-MUSTAPHA TO ZIMMERMAN: A CASE AGAINST OUR SENTIMENTS



Before I put anyone on blast, which is by no means my intention here, I feel the need to share with you a little story of recent events. When the Egyptian military ousted Morsi, I was happy. I wasn’t happy because I understood why he was ousted or why some Egyptians wanted him out. I was happy because I admired the Egyptians’ gusto and not to mention I have Egyptian friends who were extremely happy. What’s happier than seeing your friends happy, right? But I was blind and that’s not to say some of these people didn’t have reasons to dislike Morsi’s administration, but I was blind to the fact that what happened in Egypt was an outright coup. I suppose I lied to myself that it was alright, since the people were happy. It turns out it was only half the people that were happy, unlike the popular ousting of Mubarak, where very few people wanted him around and looking at the recent happenings in Egypt’s politics, I wonder if this wasn’t a bigger grand scheme that no one might end up liking in the end, which brings me to the cases of Al-Mustapha and George Zimmerman and to the point of being objective, rather than sentimental as I clearly was!
           
Charity starts at home, so I’ll start with the acquittal of Major Hamza Al-Mustapha. So unless you’ve been living under a rock or know nothing about Nigeria, Al-Mustapha, the man charged with the murder of Kudirat Abiola (the wife of late politician M.K.O Abiola) has been freed after what is it, 14/15 years? For the record, Al-Mustapha DID NOT pull the trigger. No, that was Sgt. Rogers who has since been freed and who claimed he believed he was acting in the good of the nation which he served as a soldier. Al-Mustapha was the man who ordered the hit. Since his then oga at the top, Abacha has been no more for over a decade now, Al-Mustapha is the one on trial and some may say rightfully so.
           
Al-Mustapha’s release has caused mixed reactions, some justifiable, some outright sentimental. To make it clear, let me state where I stand. Al-Mustapha is NO HERO, however just like his admirable personality won over the people who initially attended the Oputa panel to jeer and ridicule him, the length of his trial for the good part of over a decade has gained him lots of sympathy. The case for justice against Al-Mustapha became one of injustice and now most of us are just glad it’s over, whether or not we like the man. Some may celebrate him as a Northern hero, but there’s nothing heroic in my view of his actions or of him being from the North. Some may say justice was denied, but holding him on trial for so long became an injustice of its own and in the end he won. I won’t get into the theories of the timing of his release, because that would be another headache. Al-Mustapha will still be an enigmatic and admirable figure who will be equally loved and loathed in equal measure for the rest of his life; that is something he will live with. His release won’t bring back Kudirat, but alas it is over. No more wondering what will become of him. He is free and so is our collective anxiety, let us move on.
         
Let us move on to a case we have somehow made our own in a country where for the past few years people have been dropping like flies, while we wish to do nothing more than turn our heads in the opposite direction and carry other people’s cases. We turn to the case of one Trayvon Martin, a 17 year old Florida teenage shot dead by a supposed neighbourhood vigilante named George Zimmerman in the good old U.S of A, which seems to have a legal system some of us are now realizing isn’t as great as we might have made it out to be, but we won’t be sentimental here.

Whether or not Zimmerman was acting on the basis of a neighbourhood watch is very much beside the point now. Years ago, the TV drama, Boston Legal aired an episode that had an eerie prediction of the Trayvon Martin case, a black man was arrested for walking into a gated community. The police officer who arrested him did so because he thought he was a perpetrator. His reason? The Black man didn’t look like anybody from the neighbourhood. Alan Shore defended the Black man, rightfully citing race as an injustice towards his client and won largely based on that, claiming there was nothing wrong with a Black man walking into a gated community and one day wishing to be able to live in one of the fancy houses.
           
The Zimmerman case with its almost similar circumstances is very different. Very, very different. For starters, one of the people involved is dead. Trayvon is not here to speak for himself. Second of all, Zimmerman is not a police officer to even have the law on his side based on his occupation. Third and most important of all, there were no eye witnesses and even the people who made phone calls to 911 during the altercation can’t give concrete evidence as to what really happened. Is it sad that Trayvon got shot? Absolutely! I wouldn’t wish this on any parent. Was the court wrong in acquitting Zimmerman? To be honest, NO! In a proper trial and I do believe Zimmerman got as fair a trial as he could, but in a proper proper trial Zimmerman would at least have been charged with manslaughter and NOT murder (as some people are calling for). But the trial from all indication was as fair as it could be and let’s remember we are talking about the Florida legal system that not only allows people to carry guns as does pretty much the rest of the United States, but allows people to act in the form of vigilantes, which Zimmerman claims he was doing. We don’t know what really happened between Trayvon Martin and Zimmerman, like I said one party is dead and that leaves us to go with the word of the other.
           
Now some people might say I’m harsh and say if Trayvon was White it would be different. Yes, it would. For starters, race may not be brought up had he been White but he wasn’t, he was Black and not only did race become an issue, it seemed some of us MADE IT the only issue! If Trayvon was White, the outcome may have been different, but who’s to say Zimmerman still would not have cocked his gun at him. To further explain my point, I give you the words of Brian Tannenbaum, a criminal and Bar Defense lawyer in Miami, Florida who’s been practicing since 1995 and we can all agree has a better understanding of the system there than those of us crying foul here in Nigeria on twitter and elsewhere. Note the emphasis is all mine:
          
“I think it’s terrible that George Zimmerman shot Trayvon Martin. That’s a TRADEGY. I don’t think he had to shoot him, and had one or two things been different (he didn’t get out his car, didn’t have a gun, on and on), we wouldn’t be here. I keep hearing Trayvon Martin would have killed George Zimmerman, I don’t think so, but I WASN’T THERE. YOU WEREN’T THERE EITHER! You don’t know what happened exactly. As much as you want to believe you were there and know what happened, exactly, you weren’t, and you don’t. Not knowing exactly what happened requires a NOT GUILTY verdict, no matter how angry or outraged you are.”
           
He further points out, “The jury didn’t free Zimmerman because they thought he was a good guy or because they weren’t sad that a young boy was killed (jurors were rumored to be crying during the state’s rebuttal), they found him not guilty because the facts and the law required them to do so.” Shekinan!
           
If you should be angry at anyone, be angry at the State and or the federal system that allows people to carry guns and play superheroes when they think they’re in the right before we descend on Zimmerman. Another point Tannenbaum makes, “Juries don’t make decisions because they are mad, sad, angry, or feel bad for someone’s parents… You don’t think it’s right that he (Zimmerman) killed Trayvon Martin, but that’s not what the law says in Florida where we like guns more than we like people. You have a problem with that, do something to change the law…”

You couldn’t shoot a teenager in Nigeria for walking into your neighbourhood just like that, because our system doesn’t allow any Tom, Dick and Harry to own a gun. You’d have to be a man of uniform to even own one in the first place. Zimmerman got acquitted because his is a land where he was right to have a hand gun and was right to, in his words act in self defense. There’s nothing we can do about that either… except again, change the law! I rest my case!