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Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Wednesday, 26 November 2008

Nigeria: Ribadu gets certificate, probe and denial

Adjustment by embarrassment

I am coming close to the conclusion that whatever constitutes the semblance of rudderless government in Nigeria is usually driven to irrational, barbaric and questionable conduct that gets adjusted through the embarrassment brought on by the outcry of other sensible Nigerians.

There might be many cases of this behaviour adjustment characteristic, but of recent, the case of Nigeria pulling out of hosting [1] the Under-17 World Cup and then getting back into their rightful responsibility through the embarrassment [2] of the revulsion and disgust generated is an example.

Last weekend, it was the way the ex-Chairman of the EFCC – Mallam Nuhu Ribadu and his family were bundled out [3] the his graduation ceremony at the NIPSS and the reaction of utter disgust that it caused, ready to discredit a government that seems to be plumbing the depths of disrepute – this seems to have lead the Federal Government to order the issuance of Mallam Ribadu’s certificate [4] and they have launched an investigation into the circumstances leading to the roughing up of the man.

Some big toes are hurting bad

For a government supposedly in leadership, ruling a nation of 140 million people to expend so much capital, resources and skirting with idiocy on just one person to prove that their power in Nigeria is bordering on absolute is amazing.

This has become a country where people have their rights egregiously infringed upon and we have to expect the righteous indignation of others and the clamour for a modicum of fairness to embarrass a seemingly benevolent government into acting with consideration by first feigning ignorance of the circumstances and instituting panels of unnecessary investigation (probe) to appear to be doing something of note.

Much as the courts are in overdrive and the mantra of the government is “The rule of law”, those avenues of seeking redress seem to be irrelevant and of no significance to people who are supposed to uphold that basic principle.

Not complicit – Really?

According to the press release on behalf of the Federal Government, they are disturbed by the notion that they have been complicit in the rough-handling of Mallam Ribadu. The authorities already have form on the matters of Malam Ribadu, this really stretches credulity.

I might be persuaded of that view but who then is in control of the hoodlums that embarrassed the nation of front of a visiting head of state and honoured guest, senior members of the federal government that included the vice president and the Attorney General of the Federation at a prestigious graduation ceremony of Nigeria’s elite policy establishment?

One would have been left to ponder the answers to that question till when I read the diatribe of the Attorney General of Federation, Michael Aondokaa (SAN) which rails on (Lower half of the page) [5] about Mallam Ribadu being a serving police office but attending the graduation in civilian clothes rather than in uniform and so much more about Mallam Ribadu’s demotion and something bordering on insubordination, etc. etc.

Chief Ridiculous Officer

Somehow, the chief legal officer of Nigeria seems to have a knack for turning the plausible into the completely ridiculous; it makes you wonder how on earth such good education, such accolades of achievement and the magnitude of office could have been poured into a man who has the appearance of being lettered but has failed to allow his intellect to rise to the stature of his position.

One could really go away thinking the only reason Mallam Ribadu has suffered even more indignity at the hands of the brigands in power is because he was improperly dressed for graduation considering his is in legal dispute about his demotion and substantive rank.

A situation that is sub judice should have had a better handling of events but we have to suffer the brood of Machiavelli who damn the consequences by acting first, thinking later then try to exculpate themselves with diatribes that infuriate to apoplectic collapse.

Michael Aondokaa is probably a very smart man; an attribute he cleverly conceals, but I am of the view that his activities in the tribulations of Mallam Ribadu might well be his own undoing and really there are many who are ready to say – Good riddance! How much longer do we have to wait for that opportunity?

Sources

[1] Nigeria: No money to host the Under-17 World Cup 2009 [akin.blog-city.com]

[2] Nigeria: Shamed back into hosting the Under-17 World Cup [akin.blog-city.com]

[3] Nigeria: Ribadu and kids get bundled out of NIPSS graduation [akin.blog-city.com]

[4] allAfrica.com: Nigeria: Ribadu! FG Orders Probe

[5] FG orders NIPSS to give certificate to ex-EFCC boss - ThisDayOnline.com

Saturday, 24 May 2008

Nigeria: The powerful taking the law into their hands

The third part of that programme

If we are to go by the respect for the rule of law as the core intent of President Yar’Adua’s programme in Nigeria, I have noted we also have to have that go in tandem with equality before the law.

Reading another news story today leaves me very aware of the fact that the President does have a mammoth task before him and I can only wish him Godspeed.

Obviously, it appears many of my insights seem to revolve around the family of the ex-President, I would have you know that their cases are not unique and almost always representative of people who can wield power and peddle influence by reason of their association rather than personal achievement.

Daughter bothers mother

This time the matter concerns of the mother of Senator Iyabo Obasanjo-Bello – Mrs Remi Obasanjo; considering the tribulations her daughter has been going through and they the parents would quite have us believe their daughter is being persecuted and victimized as a means of getting at her father.

That is a matter for some other debaters; however, it is nice to see that families do close ranks when met with some sort of adversity.

It would appear the mother had been in Abuja to offer moral support to her daughter and only just returned to Lagos after her daughter had fulfilled her bail conditions.

Since the daughter until recently had been as elusive as the Scarlet Pimpernel the press decided to seek a sound bite off her mother in Lagos about the travails of her daughter.

Within the law your privacy

Now, anyone anywhere should be at liberty to exercise the right to privacy and be able to seek relieve from intrusion of the press. Generally, that should be a polite message to visitors that one is not interested in their entreaties and inquiries, failing that one can seek the help of law enforcement or go as far as seeking an injunction from a court of law.

A journalist from the Punch newspaper - the powerful have a seething contempt for professional, journalists, most especially - visited the premises of Mrs Remi Obasanjo in Lagos seeking an interview and presented his business card to the security guard; soon afterwards an aide of the madam came to the gate and this allegedly is the conversation that took place between them.

The threatening conversation

Aide: Are you the owner of this card?

Reporter: Yes.

Aide: Madam is not in the mood to see anybody now and I will advise you strongly that you leave this place at once.

Reporter: Did Madam actually send you to deliver this message?

Aide: Yes, and I will advise you in your own interest to leave and never to come around this place again.

Reporter: Why?

Aide: Well, I have just told you, if you love yourself, don’t come here again. Or why do you want to risk your life?

Reporter: But this is not my first visit here.

Aide: And since you have been coming, how many times have you seen her? So, in your own interest don’t come here again.

Reporter: But make sure you give my card to her.

Aide: She has seen your card, and will call you when she is in the mood to talk. Bye

Reporter: All right.

My pique

I have a serious problem with this conversation, the first clause of the second sentence of the Aide is fine enough – Madam is not in the mood to see anybody now – fair enough she has had a rough few weeks on account of her daughter.

Is there any reason to then try to menace the journalist with – I will advise you strongly that you leave this place at once – it is very much like chasing away a stray dog; there might be cases for treating journalists as dogs, but I do not think the conversation warranted this level of hostility.

The reporter then tries to ascertain if the threat was a direct order from the madam or the aide being supercilious and working beyond her brief.

Incriminating her mistress she affirms that she was told to threaten the journalist – fine enough.

She then threatens the well-being of the journalist saying he should in his own interest leave and never come back again – well, where there is a public interest issue that would be a difficult order to follow – we can agree that the case of the daughter does not automatically make the mother a public interest subject.

The threats and menace continue with this statement – I have just told you, if you love yourself, don’t come here again. Or why do you want to risk your life? – She does appeal to his sense of self-preservation but a threat to his life?

Is Nigeria this lawless?

This is just not on, is Nigeria such a lawless society?

Is she implying that an enquiry made of the ex-wife of a former president can lead to a homicide in trying to escape or avoid media scrutiny?

That I would say is completely lawless, no one should have their lives cheapened in such a way in order to convey a message that they are being inconvenienced, it is really taking the law into their hands and there are places where such a threat would be prosecuted to the limits of the law exacting apologies and compensation.

But this is turning into a train of ideals that need to be part of the President’s grand scheme – respect for the rule of law, equality before the law and not taking the law into ones hands.

The aide either exceeded her lawful remit or her madam was wielding influence and power that primarily should belong to law enforcement and legal process – you can refuse to see a journalist, you can beseech the journalist not to visit or pursue you but you have crossed the line of legality when you threaten a journalist with menace.

In the end, I am glad she did not send out her security guards to beat the journalist to a pulp, I would not put it beyond their ilk to commit such a heinous act and get away with it.

I think can now really announce that I am officially exiled from Nigeria – I cannot countenance this kind of attitude, it is just not on.

Wednesday, 21 May 2008

Nigeria: A desire for equality before the law

The knightly crusader without a horse

Having read the transcript of President Umaru Yar’Adua’s interview conducted by the Financial Times, I could not help but think that his knightly crusade to ensure Nigerians respect the rule of law was missing a horse.

It became very clear to me this morning as I whipped through the Nigerian dailies on the web to catch up on happenings at home.

Now, who would have thought we had our own home-grown Paris Hilton trying to play escapegoat whilst lamenting she is being made a scapegoat.

Nobbling the judge

News reaches us that the invisible Senator, Iyabo Obasanjo-Bello finally appeared in court and was refused bail after the lawyer failed to sway the judge by mentioning that she was a medical practitioner, a Senator and a daughter of the ex-President of Nigeria.

To anyone, it was an innocuous plea but it was laden with menace and threats to the authority of the judge – she is no medical practitioner in a general sense, she is a veterinarian and I doubt she has ever shown medical compassion to a stray dog.

Indicating she is a profession might appeal to the professional stature of the judge, but it did not work; the view that she is a Senator is just piffle, she has not been in the Senate for a month and she was not there to present the Health Bill that finally got passed last week.

Piling on the pressure by indicating she is a daughter of the ex-President was to warn the judge that he was dealing with powerful forces in Nigeria, but that did not wash with the judge.

She only gained reprieve by being sent to police custody rather than Kuje jail.

It is in police custody that we find the bolted horse that the knightly Yar’Adua is supposed to mount for his ever so important crusade.

Enter the diva

She gets to Maitama Police Station and suddenly becomes the diva, we find that she has commandeered the place and is sleeping chief officer’s office having brought in her own bed and fan, and she arranges for the air-conditioning equipment and power generator to be fixed and gets a carpenter to fix the netting on the windows to keep out mosquitoes.

One could be forgiven for thinking the accused was banged up in police custody with creature comforts that might have one renaming the location Maitama Hilton Towers.

Obviously, influence and sycophancy has prevailed on the better judgement of law enforcement as she holds court in the police station giving us the impression that she is being lawful and respectful of the rule of law.

Influence peddling again

Well, I am getting fed up of these spoilt brats that get involved in nefarious activities, influence peddling, corrupt practices and unethical conduct who when caught by the law would cry me a river and not face up to the weight of the consequences of their actions – they almost always get off lightly as people of privilege wielding their status wherever they go subverting the course of justice.

Beyond the crusade of respect for the rule of law Sir Umaru – the great knight of the rule of law crusade – has to mount the stallion that ensures equality before the law. If she should be in an executive cell, then all prisoners should have executive cells, the culture of preferential treatment at the execution of orders of the court or the law has to stop.

I do not think the judge would be too pleased to learn that his orders have been be carried out with such levity so as to undermine his authority – send her to the executive penthouse of Kuje Prison and make sure the gates are properly locked up.

Current Developments

However, despite my protestations, she has now be granted bail, but the irony of it all must not be lost on anyone, I suppose removal men had to be called in to move her creature comforts back home.

Tuesday, 20 May 2008

Nigeria: Splitting hairs on Senate funding

The intent is clear

This is an update to the blog I wrote yesterday about the directive of the Secretary to the Government of the Federation (SGF) advising Ministries, Departments and Agencies (MDA) about providing funds to other organs of government which should for their purposes be fully-funded for their activities.

In what is looking like splitting hairs, the spokesperson of the Nigerian Senate is now trying to interpret that message and achieve an understanding that is clearly not the intent of the SGF.

Live within your means

The fundamental principle simply is, every organ of government should be fully funded or prudently manage their budget to facilitate whatever activities they need to carry out within the law and their legal remits.

If that organ of government does not have sufficient funds, it should apply to its line of management to secure sufficient funds or can the proposed activity – it is a commonsense idea of living within your means.

Conflicts of interest

The National Assembly serves the dual purpose of enacting laws and providing oversight; to fulfil all righteousness in carrying out its duties, it should clearly be financially and structurally independent of the other arms of government.

Regardless of rules of engagement, it is only proper and ethical to avoid situations where the slightest influence can be leveraged through MDAs facilitating or offering funds to the legislative organs of government.

In fact, it is disingenuous of the Senate to expect that MDAs sponsor or facilitate so-called capacity building exercises which are to ensure the Senate delivers on its constitutionally authorised duties of oversight.

There are too many avenues for abuse if the budgets of any of the Senate committees are not completely under the purview of the Senate administration.

Maturing into an example democracy

Regardless of examples the Senate portends to happen in other legislatures in the world, the concept of facilitation should strictly be the availability of personnel, information and access to whatever is needed to ensure the legislature has all the detail necessary to reach the right conclusions for government.

Nobody would be against that, the monetary aspect should be completely off the table, if only to protect the fragile state of our democracy that is still trying to mature into one that fully recognises the rule of law and the principle of separation of powers.

Nigeria runs a presidential system of government, the government should not then allow for obfuscation that makes it appear it is running parliamentary system – the separation of powers including funding for facilitation must be sacrosanct.

Clear intent

I think the clear intent of the SGF was to prevent budgets within the Executive being imprudently disbursed to organs outside its control; this would definitely include the legislature and the judiciary.

Each organ has a job to do, if they cannot get their jobs done due to insufficient funding, the planners need to review their projections and make contingencies for unexpected circumstances – the law should clearly require that MDAs have no right to pass moneys out to the National Assembly.

There should be no debate on that matter at all.

Nigeria: Yar'Adua interviewed by the FT

Yar’Adua with Financial Times

At first, I would like to thank Ijebuman for highlighting this interview conducted by the Financial Times with President Umaru Yar’Adua.

It presents one of the opportunities when good questions are asked of African leaders without the fawning and obsequiousness that gets in the way of local journalists doing their jobs boldly and courageously with an air of serious professionalism.

From what I read of the transcript, it was clear in terms of the direction the President wants to lead the country whilst highlighting the fundamentals that have to be in place to make the country governable, peaceful and prosperous.

Respect for the rule of law

The President has a clear goal – to institute a strict culture for respect for the rule of law in Nigeria – that is the recurrent theme in the interview.

He believes most of the ills in Nigeria derive from a lack of adherence and respect for stated procedure, due process and the law such that it is difficult to expect decent dealings that are governed by civilised behaviour.

He concludes in answering the first question about his achievements by saying, “Respect for the rule of law is the basis for civilisation”, I think I can very well agree with that.

Legality of contractual agreements

He extends this rule of law principle to the concept of the sanctity of contracts indicating all business transaction should follow due process and any process that does not seem to be well conducted creates aggrieved parties whose concerns might have to be investigated – however, if everything is above board, any business can expect all their contractual dealings to be protected and secure.

It goes without telling that companies who allow their dealings to deviate from the expected letter of required conduct and honest interaction can expect to have their contracts nullified, face loses and sanctions.

Macro-economic discipline governed by law

Fiscal discipline in Nigeria is governed by observing and respecting constitutional provisions, the federal system for revenue sharing has laid down rules that cannot be changed by whim, the budget is planned on likely oil revenues of $53/barrel but hiked up by the legislature to $59/barrel, and all excess is placed in a national reserve.

There is however a delicate balancing act of keeping inflation low which the President says is still in single digits, keeping interest rates low with the help if the rather more independent Central Bank of Nigeria, having a stable macro-economic environment and providing funds for infrastructure development.

The critical infrastructure concerns are listed as power, energy, mass transportation, railways, waterways, cement, iron and steel.

In the first year, more effort is being expending in completing or closing existing projects, no new projects have been awarded.

Central Bank Independence

The clashes between the Presidency and the Central Bank have been due to the teething problems of properly understanding the remit of the bank in terms of its newly acquired independence which was only signed into law 4 days before the President’s inauguration.

The President gives examples of where the governor has erred in judgement and action; however, he maintains confidence in the governor of the bank and is seemingly satisfied with his tenure.

The Niger Delta and second year

He also hope to find a resolution to the Niger Delta crises which appears to be linked to bunkering which is protected by violent criminality, a summit of all stakeholders should convene in eight weeks.

The President has a full programme for his second year with aims to deal with the power issue, the restructuring of the NNPC, providing adequate security, maintenance of law and order, education and health.

Much as people complain about the President being tardy in his reforms, he appears to belief in the old “slow and steady wins the race” adage – the emphasis is on good planning to ensure any project or reform is fully realised.

The President would vacate his office if the Supreme Court overthrows his election without qualms.

His doctor is really in Germany

I have commented a lot about the President’s health and his sojourns to Germany for treatment. His last visit was to deal with an allergic reaction brought on by new malarial medication that he had taken.

He says he is not super-human and enjoys rude health though I worry about the fact that he only gets 4 to 5 hours sleep, nothing like George W. Bush who is already in bed at 21:00hrs.

I can no more fault his visits to Germany for treatment, he has a personal doctor and a medical record in the hospital he visits in Germany going back 22 years – it would only be right for him to see specialists that know all about his medical history and are well versed in what kind of treatment he responds to when ill.

It simply shows that Nigeria has had a poor health programme going back almost a generation and successive governments have failed to grapple the issue and deliver solutions for health.

Finally, the President advises Nigerians to have confidence in their leaders and should not be gullible in believing all kinds of rumours, he then says that as the respect for the rule of law takes root fabricated stories, falsehoods and activities that hinder nation building would have less impact as the country matures in democracy.

Good job! Yardy, Good luck! Yardy

In my view, I think it was a rather good interview, in my writings of recent, I can see how the emphasis on the respect for the rule of law is baby-stepping its way in to the leadership polity from the top.

I think President Umaru Yar’Adua who has now been President for a year is getting on with the job and I can only wish him Godspeed – I do hope that Nigerians would offer him the support he needs to turn the country around.

As it stands, he is the man in power and only those in power can do things that change a nation – Yardy, Good Luck!

Friday, 16 March 2007

24 self-serving presidential aspirants

Uphold the law without flying out

Two recent comments left on my blog about the situation in Nigeria concerning the fly outs for health checkups and the antics of the Independent National Electoral Commission leave me in such great indignation, I hope I find words to express myself with clarity.

The whole matter centres what all those contestants are doing in the light of these developments, none took advantage of the fact that getting treatment for breathlessness or a knee injury abroad simply highlighted the fact that we had a health system no one was proud of and hence the opportunity to do something about it.

It made Nigeria an international laughing stock, almost irredeemable slight as an oil-rich country that could pay to fly out its stinking rich ruling class but not address ever-present social and development issues that could propel Nigeria further than we have ever dreamt possible. Our shame and they who seek to lead stood dumb.

The silence of the ambitious

However, the most grating one is how these self-serving, selfish, inordinately ambitious, indifferent and unconcerned contestants can even deign to offer themselves to lead talk less of serve when they cannot rise up against the abuse of process, the egregious impugning of the rule of law and the flagrant misinterpretation of the constitution.

The 24 eligible candidates who can for now contest the presidential elections in Nigeria are so ensconced in their comfort zones, having not been disqualified or made ineligible, a seeming injustice meted against a stronger contestant is best left unsung lest their personal ambitions be thwarted by the possible success of this contestant who to date has successively won 11 court battles challenging his ability to run.

If they cannot be bothered about this, how on earth can they sincerely be bothered to ensure that Nigeria is properly run and it begins to achieve like it should have or should be working towards when we celebrate the 50th year of independence?

Dishonourable and disgraceful

These are no people of honour and neither should they be offered the privilege to rule in Nigeria, if before they have attained power they cannot raise their voices in protest against unconstitutional activities, how can they when in power swear an oath to protect the same?

Fearful people who have no principles left in their sinews, such that the fear of being tarred with the instruments of vindictiveness that the Presidency had converted the EFCC and INEC into leaves them forgetful of the fact that they would be powerless to rule if they are beholden to organs that terrorise and castigate personalities to achieve ends inimical to the development of Nigeria.

Instruments of presidential vindictiveness

I do hear that the EFCC and INEC are now being made more independent of the machinations of the presidency, I cannot say however that the damage that has been done to their reputations can be recovered and made right so soon. Reference.

However, one thing is clear; these 24 candidates which include intellectuals, former military leaders, ones with delusions of grandeur and unproven criminals do not deserve to be presented to the country for election.

A case to postpone elections

If Atiku Abubakar does eventually get his name onto the ballots, there is a possibility that he might but to only some places in Nigeria, a pre-rigged election looms and this must not be taken lightly, the leaving president must not in anyway be absolved of complicity to stealing the opportunity to choose from his fellow countrymen.

If however, the election would need to be postponed to ensure that justice and fairness is served, then both the sitting president and his vice president should and must resign their commissions at the end of this term and a constitutional precedent that allows the Senate President to be caretaker leader/President for 3 months must ensue, where none of those who had been in power can influence the will of the people till elections take place in probably June or July 2007.