PRESIDENT-ELECT Donald Trump?s trial, conviction, and ongoing post-conviction legal issues have thrown up interesting and novel developments in that country?s democracy. These issues hold lessons for other democracies: those deliberately building institutions and those, like Nigeria, whose weak institutions sorely undermine representative government and governance.

Trump was tried and convicted in respect of 34 felony counts bordering on ?falsifying business records to cover up a hush money payment made to porn star Stormy Daniels before the 2016 election.? Daniels had alleged that she had a sexual relationship with Trump in 2006, but the latter had denied the allegation. Trump was convicted on May 30.

The reprieve offered by the Supreme Court Presidential Immunity for American Presidents has been removed by a New York judge, Juan Merchan. Merchan upholds Trump?s conviction because the immunity clause granted American presidents only relates to official acts and not ?unofficial conduct? as in Trump?s case.

It was the first time a US President?former or serving?would be convicted of a crime. Trump is, however, yet to be sentenced.

Trump has challenged the ruling in court, asking that the case be thrown out. As a novel case, the different positions taken by Trump?s legal team and the prosecution, and the issues arising from its proximity to the inauguration, will pose difficult but interesting options to Merchan in the ongoing sentencing litigation.

These include whether or not to sentence him before inauguration; dismissing the trial on account of the inauguration in the public interest as sought by Trump?s legal team; cancelling the conviction but sustaining the conviction toga; delaying sentencing till Trump serves his term as president since he has the right of appeal and will enjoy immunity during his term; and having a felon occupy the Oval Office for the first time in US history. The outcomes will enrich the US democracy and judicial system. Other democracies will learn how to unravel constitutional conundrums for optimum democratic gains.

The Trump trial and conviction have demonstrated the strength of American institutions and equality before the law. Despite his positions as an ex-president, a presidential candidate and president-elect, the weight of the law and national interest are being thrown behind the case.

This is unlike Nigeria, where it is practically impossible to win a case against the President or the ruling party.

In Nigeria, there is a sense that politically exposed persons are only prosecuted when they have issues with the powers that be or are members of the opposition party. Two former governors were inexplicably pardoned by former President Muhammadu Buhari in 2022. The Supreme Court nullified the conviction of a former Abia State Governor, Orji Kalu because he was sentenced by a vacation judge!

Unlike in the US where public outcry is always high in public issues, Nigerians are docile under the same circumstances and often side with their kinsmen when they are being prosecuted for stealing public funds. In the ongoing arraignment of a former governor for allegedly embezzling N110.4bn state funds, several groups in the state staged public protests in his support.

Trump?s conviction case highlights the fair hearing posture of American democracy.

While leaders and public officials like Merchan build institutions in the US, Nigerian governors have resorted to buying SUV vehicles for judges to tacitly compromise them for personal and party gains.

These brazen developments expose the judiciary to corruption and call for the divestment of the appointment of the judges from the executive?s control.

Their salaries and welfare should be firmly under the first-line charge.

Nigeria must strengthen its democracy by building institutions, revitalising its judicial system, instituting true federalism, and enthroning the rule of law to make governance work at good and bad times. (The PUNCH Editorial)

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