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War Against Corruption: Role of Judiciary, State and Society (2)

According to the highly incensed anti corruption crusader,” We want speedy resolutions to the trials. Since the General’s against corruption are not disposed to go for death by firing squads for the thieves, then the punishment should be punitive enough in terms of number of prison years ranging from 100 to 150 years so much that the criminals will prefer the death penalty. The thieves should be stripped naked of all ill gotten properties, businesses, cash and vehicles, anything and everything. That should the minimum punishment. They deserve no less” My take away from this very harsh stance is that, some commentators like to play to the gallery, sometimes for the heck of it and often, to satisfy the feel good syndrome of ‘the rich also cry’ sentiment which is a symbol of the ubiquitous class war or clash between the rich and the poor; those at the top versus those at the lower rung of the ladder.

Worst of all, it is an irony that President Buhari who was roundly criticized for presiding over a administration that sentenced drug dealers to death by firing squad during his first tenure as military head of state in mid 1980s, is now being urged to tow that inglorious path again.
Unfortunately, some establishment people feed on or latch onto such nihilistic sentiments by a tiny minority and erroneously believe that government actions are resonating well with the masses only to discover, sometimes too late, that the seeming encouraging comments are hogwash or mere mirage.

The assertion above is underscored by the fact that tables often turn against authorities, if they can’t hold themselves against the conditions they are subjecting corruption suspects. This is the reason the current government is being accused wrongly or correctly of applying double standards in its anti corruption war.

Opposition parties are asking, why probe PDP campaign funds and not APC’s ; why not respect Federal Character Commission rules on appointments into public offices and why would some serving public officials be accused of violating extant rules, yet they remain in their posts?
All the instances listed above are some of the factors that are making authorities suffer loss of credibility and legitimacy in the war against corruption, more so as govt can’t put itself in the crucible of integrity and emerge from it, squeaky clean.

Harping on the issue of state/government complicity in the vexed issue of corruption, Chidi Onumah author of the controversial book WE ARE ALL BIAFRANS made interesting revelations about the underlying factors for corruption in an interview in the vanguard newspaper of July 22, 2016 when he argued that “for me (president) Buhari as a person can only do so much, corruption in Nigeria is not as a result of the fact that Nigerians are genetically corrupt.” According to him, “The level of corruption in Nigeria is a result of the structure; this country is more or less corruption; it can’t but breed corruption”

Elaborating further, Onumah explains  “l used the term that Nigeria is corruption and to that extent you look  at the issue of resources that come from the Niger Delta; nobody knows exactly how many barrels of oil we get or export everyday or the amount of (illegal) bunkering in that region.” Continuing, he said “look at the revenue allocation formula in this country, all of it is so improper that it breeds corruption.”

To drive home the belief that Nigeria, in its current nature is a sort of corruption, Onumah said “For example, look at the state of Kano; revenue is based on number of local government areas, LGAs , we have. Kano has 44, Lagos has 20; Lagos has more population than Kano. You begin to wonder is this allocation supposed to be based on the human beings or land mass.” He concluded with the following comment “So when l say Nigeria itself is corruption, that’s what l mean and l don’t see (president) Buhari dealing with that unless of course we restructure this country.” Onumah’s dialectical comments which may be perceived as a diatribe in some quarters and viewed as insightful and commendable in others ,are certainly sufficient food for thought for agitators for restructuring Nigeria.

In 2007, late president Musa Yar’Adua’s government rolled into Aso Rock villa on the back of respect for the RULE OF LAW and he magnanimously upheld the principles by allowing all the court cases removing from office governors from his party, PDP – Anambra, Edo, Osun and replacing them with opposition parties candidates , Peter Obi, Anambra; Adams Oshiomhole, Edo and Rauf Aregbesola, Osun until his unfortunate demise in office in 2010.

In 2015, President Buhari was also catapulted into the seat of power in Aso Rock villa on the strength of anti corruption. Mr President whose personal integrity is impeccable as he has zero tolerance for corruption, is making good his promise to eradicate corruption by leaving every Nigerian in no doubt about his stance as he has adopted the mantra IF NIGERIA DOES NOT KILL CORRUPTION,CORRUPTION WOULD KILL NIGERIA.

However, since one cannot under any guise reasonably justify the fight against corruption with injustice, by denying suspects their legal rights of innocence until proven guilty , which amounts to contravention or abuse of rights of the individuals deemed to have violated the laws of the land, President Buhari stands accused of corruption by his critics.

Indefinite detention of Muslim cleric El Zakzaky accused of inciting followers; Sambo Dasuki, former National Security Adviser, alleged to have converted $2b defence funds into PDP campaign funds; and Nnamdi Kanu, the operator of the illegal pro Biafra radio station, spring to mind. Their continued incarceration in defiance of court orders for bail is tantamount to undermining Nigerian constitution, as it is an obvious denial of their fundamental human rights, which Mr. President vowed to respect when he was taking the oath of office.

Keeping the promise of fighting corruption by going after all those who dipped their hands into public treasury are the changes in the polity demonstrate the fact that President Buhari is upholding the vow and respecting the constitution, but it becomes a problem when rules in the constitution are only observed when it suits the whims and caprices of the establishment and ignored, if in conflict with the interests of the authorities. How can govt be seen to be defying the constitution on one hand when it denies the aforementioned trio their fundamental human rights and goes against all odds to enforce the law against Senate President Bukola Saraki and his deputy lke Ekweremadu for allegedly forging the senate’s own internal documents and arraigning them?

Muhammadu Buhari, former Nigerian military ruler and presidential candidate for the All Peoples Congress, APC

To maintain the sanctity and sacredness of the constitution, govt should not be seen to be picking and  choosing the laws it decides to respect or ignore because in the long run, such actions would amount to the denigration of the constitution which should be revered because it is a sort of holy grail of the nation- second only to the bible if you are a Christian and the Quran, if a Muslim.

Look at the situation in the country of Turkey for instance. It needs no emphasis that as part of Statecraft, a state of emergency was declared to suspend the constitution before engaging in contrarian actions. This is borne out of respect for, as opposed to disdain for the constitution of that country. In order to carry out extra ordinary measures in handling the aftermath of the recent failed coup plot, a parliamentarian approval for the declaration of a state of emergency was sought and granted for three months to enable the president, Recep Tayeb Erdogan implement  extra judicial policies to put the troubled country back on even keel of political economic, and social stability .

When the Boko haram insurgents orchestrated atrocities and bedlam in north east Nigeria attained its highest crescendo, former president  Goodluck Jonathan also sought and declared state of emergency in the north east. Ex president Olusegun Obasanjo did same in Ondo and Plateau states when socio-political situations in those areas called for such drastic measures.
Even the almighty United States of America , passed a bill to suspend  the anti wire tapping laws in the homeland, when the country was faced with the threat of Al Qaeda terrorists after the unfortunate incident of bombing of the twin towers in New York and Pentagon, Washington DC, in September, 2011.

Establishment of Guantanamo Bay detention camp was another extra ordinary measure taken to side track the constitution by the USA to combat terrorism, so situations may arise that would require bending the rules by taking actions that are not compliant with the constitution , but efforts are made to ensure that it is lawfully done in order to maintain its sanctity. Perhaps the proposed special courts to preside over corruption cases now receiving attention in parliament would fill the void, but would a special court also deal with terrorism related matters be established too?
Keeping El Zakzaky, Sambo Dasuki and Nnamdi Kanu in gulag for offenses ranging from religious incitement, separatism and Corruption respectively, in defiance of court rulings is an albatross and if you like, a dark cloud hanging over Nigeria under president Buhari’s watch and given that Mr. President has used every speaking opportunity to emphasis that he is a reborn democrat, our President has to match his words with action.

l’m still persuaded  that Mr.President wants to do the right things, but democracy is not easy to practice especially by a new convert like president Buhari who needs a lot of hand holding at this stage of infancy. When he falls below democracy standards, it is probably because his advisers are guiding him incorrectly, hence there seem to be some disconnect between practice and preaching.
Therefore, Mr. President probably need to look beyond his immediate vicinity for mentorship in democracy ethos.
To that end, Kofi Annan, former UN Secretary General and Emeka Anyaoku, ex commonwealth scribe, could be good ‘sounding board’ and so also would The Mo Ibrahim foundation for good governance be a veritable sources to seek practical democracy advise.
Whatever the case may be, l don’t envy Mr. President and that perhaps explains the wise crack “Uneasy lies the head that wears the crown ” but then, nobody ever said governance in a democratic setting was going to be a ‘walk in the park’, so Mr. President, change your tact in order to change Nigeria for the better, so that you can shame your traducers by leaving good footprints in the sands of time.

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