Of The Law And The Ass

In the popular imagination, the ass, or donkey, is reputed to be one of the most unintelligent, lazy and stupid domestic animals around. As a result, pejorative phrases and words such as ‘Don’t be such an ass!’, ‘I made an ass of myself!’, ‘dumb-ass’, ‘jackass’, etc, have spun off from this perception.

Obviously, when Charles Dickens’ character in the 1838 classic novel, Oliver Twist, made a caricature of the law by comparing it to an ass, he must have had that very picture of the donkey at the back of his mind. Disgusted at the law, Mr. Bumble had taken a swipe at its obvious flaws by lamenting: “The law supposes that your wife acts under your direction. If the law supposes that, the law is an ass – an idiot.”

By the way, this expression was originally used by the English dramatist, George Chapman, in his 1654 play, Revenge for Honour, where it is rendered thus: “Ere he shall lose an eye for such a trifle…. For doing deeds of nature! I’m ashamed. The law is such an ass.”

But is the law really an ass? The kind of donkey your mind readily conjures whenever you feel that the legal system has been perverted against you? And, second and most fundamentally, to what extent is the law imbued with the perceived or (as we shall soon see) true character of the ass?

We must state that the law is not always an ass. In fact, in most cases, it’s not. But in some instances, it is human beings that forcibly, deliberately, transform the donkey, the law, into a dumb and submissive creature so that we can ride it roughshod at the detriment of the common good. To satisfy our own base instincts.

In fact, the New World Encyclopedia says of the ass: “Donkeys have a reputation for stubbornness, but much of this is due to some handlers’ misinterpretation of their highly developed sense of preservation. It is difficult to force or frighten a donkey into doing something it sees as contrary to its own best interest, as opposed to the horses who are much more willing to, for example, go along a path with unsafe footing.”

It adds that “Once a person has earned their confidence, donkeys can be willing and companionable partners and very dependable in work and recreation.”  In a sense, these are the very characteristics of a justice system that has lived up to expectations as it has earned the confidence and trust of Nigerians.  

At the heart of this discussion on the ‘assness’ or otherwise of the law are certain judgements delivered by some elections tribunals in Plateau and other states of the federation. Critics say that some of these rulings appear to be outlandish, preposterous and against the very letter and spirit of the extant 2022 Electoral Act they purport to uphold.

For instance, while most of the tribunals have, according to the Electoral Act, ruled that pre-electoral matters CANNOT be challenged by any individual or institution outside that very political party, a few others, sometimes sitting next door, have given judgement to the contrary!

To the layman, the law appears to be wearing two contradictory faces. The much revered and hallowed temple of justice, which should protect and project the rule of law without any iota of fear or favour, has automatically demystified and rendered itself hollow. Its voice has lost its firmness, solemnness. It has become a danger to the very ideals it is constitutionally required to uphold.

Dissatisfied parties have since approached the National Judicial Council to seek redress. It goes without saying that this is a deep dent on the integrity of our system of adjudication as a whole.

While doing a preliminary background check on the origins of the expression ‘The law is an ass’ in the English-Grammar-Lessons (2022), I happened upon this interesting image: a blindfolded donkey with the scales of the law firmly balanced on its back. By the positioning of its ears (which are said to have a keen sense of hearing that they can detect sounds from 60 miles away), you can tell that it is very aware of its surroundings.

The law should not be dead to the truth and realities of its environment. Even when the law is an ass, should it not at least possess a conscience, a sense of morality to guide it towards upholding the highest standards of justice that can withstand the harshest scrutiny, even from the court of public opinion?

The Bench is now in the dock in Plateau State and other parts of the country. Legal experts say that that it will take extra human efforts to acquit itself honourably and in accordance with its time-tested ethos.

We often prefer the path of least resistance by jumping on our horses, disenchanted, and gallop into oblivion. But, no sir! We cannot give up on this ass.

The very essence of our democracy is under severe threat. Must we allow this donkey to be pushed down the path of infamy? You can force the horse, likewise the donkey or ass, to the river. But you can’t force it to drink, especially when the waters are soiled.

Apparently, these legal tussles are fast eroding the credibility and threatening the very foundations of our democracy. It is increasingly becoming much easier to ‘win’ elections through the courts than by the popular votes of the electorate.

There should be a lesson or two here for us all. He who profits from the spoils of the miscarriage of justice must watch out. Likewise, those who twist the law for personal gain.

Both shall taste of the bitter deserts of this travesty, sooner or later. Even if the wheels of justice grind so tortuously slow.

An injustice is never permanently buried. Willy-nilly, it resurrects someday to haunt those who concocted it. Justice and truth are as eternal as they are elemental, indestructible.

The universal image and symbol of justice is the blindfolded maid. So the distinguished men and women who sit in judgement over men must, while painfully blinding their physical eyes to all extraneous, perverse and self-serving pulls, keenly focus their inner vision on dispassionately wielding the gavel without fear or favour.

Of course, this is fraught with great personal danger to the Bench. But that is the profound sacrifice that goes with being a jurist in the first place. It is in that self-denial that their greatness ultimately lies.

We are wont to trifle with the fundamental notion of natural justice. But it’s at the bottom of all laws. It holds that the powerful must never trample on the God-given right of the weak to live and exist in a world that equally belongs to all. This is the matter at stake here.

Without adhering to the tenet of natural justice, we willingly hand over ourselves to the dictates of the law of the jungle where only the fittest survive. No, that is not the society our Constitution envisages, with all of its imperfections.

The ass has an excellent memory, is highly intelligent and is as strong as a horse of the same size. A 2012 study by The Donkey Sanctuary found that donkeys can learn and problem-solve at the same pace as dolphins and dogs. Not only are they sociable and calm, they are capable of independent thinking and decision making.

We humbly submit that the law is indeed an ass. But that largely depends on whether the law acts according to the way Mr. Bumble experienced it or comports itself in a manner consistent with The Donkey Sanctuary’s enviable assessment.

The choice is yours to make.

GYANG is the Chairman of the N.G.O, Journalists Coalition for Citizens’ Rights Initiative – JCCRI. Email: info@jccri-online.org)

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