Leaving by example

ATTORNEY-GENERAL Solon Nikitas formally tendered his resignation to the President on Tuesday, just as he said he would last week, after the Supreme Court’s decision overturned the conviction of former health minister Dina Akkelidou, by nine votes against three. The decision angered former judge Nikitas, who described it as “groundless” and lacking legal support.

In a brief statement last week, he implied that the decision was political rather than legal, raising questions about the “principle of the rule of law and the democratic principle of the separation of powers”.

This was thinly-veiled criticism of the Supreme Court, which he had been a member of before becoming Attorney-general, the implication being that it had bowed to political pressure.

If such comments had been made by a politician, they would have been dismissed as nonsense, but Nikitas is no politician. As Attorney-general he was often criticised for doing everything by the book and always sticking to the strict letter of the law, unlike his predecessors, who often allowed politics to influence their decisions.

So when a former Supreme Court judge, who has no political ambitions and no desire to have his contract extended, resigns over a decision taken by his former colleagues, most thinking individuals are inclined to take it very seriously.

Rather than stop and think, the pro-government politicians and press have been conducting a nasty campaign against him, accusing him of showing contempt for the law and resigning because he was unable to accept the humiliation of having his decision overturned. Even the president, who had appointed Nikitas, joined in the campaign, stating that a public official should respect the judicial authorities.

This was not the issue. Nikitas resigned over an issue of principle – something unheard of in Cyprus. His decision was taken precisely because he respects the law and the judiciary.
The Supreme Court, he believed, rightly or wrongly, had let itself and the public down with its decision, as it was influenced by political rather than strictly legal reasoning.

Rather than be a part of what he considered to be an unacceptable state of affairs he chose to make a dignified exit. The politicians, who run everything in Cyprus, are not accustomed to any public official taking a stand on principle, which was why they continued attacking Nikitas even after he announced his plan to resign.

He leaves with his head held high, his integrity and dignity intact. He always was his own man, refusing to bow to the political parties and do any political favours. Most importantly, he has shown that he was not prepared to sacrifice his principles for the sake of ingratiating himself to the politicians or for remaining at his post.