“Buhari told the Nigerian community in Iran that
those accused
of corruption would have been prosecuted by now but for the need to
thoroughly investigate them with a view to gathering enough evidence for
their eventual trial.
He admitted that it was easier for him during his
tenure as a military Head of State in 1984/85 to arrest and put those
alleged corrupt individuals in ‘protective custody’ for them to prove
their innocence but the dictates of rule of law and due process had slowed him down in prosecuting corruption in this dispensation.”— News report
If there was any truism to theaphorism that the worst civilian regime
is better than the best military rule, it is the above excerpted from
the statements made by President Muhammadu Buhari during his recent
visit to Iran.Kudos must be given to Mr President for regretfully
acknowledging that a democratic government cannot behave like a military
junta.
More importantly this cold reality espoused by the President should
become a book of the law for the officials of the administration which
must not depart from their lips and in which they should meditate day
and night so that the administration way may be prosperous with good
success attending .
This admonition becomes necessary given the way they have handled the
trial of former National Security Adviser, NSA, Col Sambo Dasuki whose
prosecution is daily wearing the garb of persecution because of the
seeming observance of due process in the breach.
Before going into details of Dasuki’s ordeal, let me tell a personal
story to underscore how executive haste and recklessness can mess up a
case and turn the accuser to the accused in the eyes of the jury.
The Babangida military junta was planning to remove fuel subsidy
towards the end of 1986 and a litre of fuel was to go from 42 kobo to
70 kobo. The then NLC President,Paschal Bafyau and some of his officials
were in security custody because of organised Labour’s opposition to
the policy.
It happened that the convocation of then University of
Ife(now Obafemi Awolowo University) was fixed for December 19 and
Babangida was expected at the event.He did not show up but was
represented by his Naval Chief, Admiral Patrick Koshoni.
Shortly after the commencement of the event, students milled at the
gate of the convocation arena at Oduduwa Hall singing protest songs
against the planned removal of fuel subsidy and the detention of Labour
leaders.The spontaneous protest lasted throughout the event in spite of
the fact that the students union was under ban following the ABU crisis
of 1986.
When it was time to depart,Admiral Koshoni had to escape in the
official car of then Military Administrator of Oyo State, Col. Tunji
Olurin as there was no way to get to the chopper that brought him which
landed on the sports field.The security attached to them fired teargas
at the protesting students as they hurried out of the campus which made
the students to turn their songs to pebbles.
The newspapers had their front pages the following morning
screaming:“Protesting Ife Students Stone Koshoni”. The university
administration under Prof Wande Abimbola swung into panic mode and
quickly looked for students it had beef with. It picked 10 members of
the editorial board of the most fiery magazine I edited on campus
then, sprinkled with just others for suspension. It also banned our
magazine.The newspapers were screaming two days after the incident:
“Koshoni Affair:Ife Varsity Suspends 12”.
Peoples’ lawyer
We came down to the chambers of the late Alao Aka-Bashorun in Lagos
to seek help.The people’s lawyer assigned Mr Femi Falana to proceed to
Ife High Court to challenge our suspension. The headlines roared:
“Suspended Ife Varsity Students Fight Back” and we returned to campus on
the injunction from the court.
On the day of substantive hearing the university hired Prof
Kasumu(SAN) who came with a horde of lawyers carrying frightening books.
Our counsel Falana walked into the courtroom with a small bag. When the
case was called, he said he was relying on the handbook of the
university to prove that our suspension was a violent violation of our
right. He quoted the section that gives the Vice-Chancellor the power to
discipline students IF they have been found guilty of any offence.
“My
clients were not tried for any offence before they were suspended. The
only way the Vice-Chancellor could have determined their guilt in this
instance is if he had contacted Ifa oracle(a pun on the VC’s discipline
as an authority in Ifa).
Prof Kasumu was crestfallen and prayed the court to allow the
university to go and try us according to the rule book but Falana
punctured that with: “My Lord, equity does not allow double jeopardy.
They want to punish my clients twice over suspicion?”. The judge
adjourned for judgement.
On verdict day, he nullified our suspension and granted us a
perpetual injunction upon which I can boldly say today that many of us
accused by the university were part of the protests though we didn’t
throw stones.If the authorities were well tempered to go through due
process, they could have established our participation. Not following
the rules made the judge to say:
“The university in a moment of
administrate haste and executive recklessness abandoned its own book of
rules to use the thumb to deal with the plaintiffs and I am left with no
option than to nullify the action. Boys,you can go back to school”.
The above incident keeps pouring into my memory anytime I reflect how
our officials are allowing emotions to override due process of the law
in the case of Sambo Dasuki.This column holds that if Dasuki has helped
himself with public funds all due process of the law must be used to
recover such from him with the appropriate sanctions to boot.
Until that painstaking process is followed through, he must like
every other citizen be accorded all his rights and privileges.The
handlers of his case have not acquitted themselves creditably well in
this regards.First, they invaded his home about four days after leaving
office and they told us it was because he stockpiled arms and money.
When they began the serial charge, they said they found four rifles in
the home of a man who had powers to approve importation of bombs into
the country less than a week to the ransacking of his home. Later on
they said they found less than $300,000 in the vaults in his house
(But,we are not hearing anything on the millions of dollars they said
they found in Akwa Ibom Government House on a similar invasion again!).
Dasuki says he is ready to face trial but that the court should allow
him to go and treat himself. The court was convinced and issued an
order to that effect.The enforcers refused to allow him go in defiance
of court order and yet to the same they returned to seek order to detain
him.
In the midst of all that, came the unfortunate statement that the
President has ordered the arrest of Dasuki.That was an avoidable low as
the office of Mr President ought to be insulated from such executive
shenanigans. Even military regimes ensured that the signing of Decree 2
was a preserve of the Chief of General Staff and not the Head of
State.
The actions of these officials unfortunately are being heaped on Mr President as exemplified by a report in Washington Times
which states inter alia: “After celebrating fairness, due process,
and the rule of law last July to win the goodwill of the United States,
Mr. Buhari returned to Nigeria to mock all three in a vendetta against
Dasuki, the immediate past National Security Adviser.
“He placed Mr. Dasuki under house arrest. He confiscated his
passport. He charged him with firearms and money laundering violations.
He sought a secret trial to prevent independent scrutiny.
“He opposed Mr. Dasuki’s pretrial application to the Federal High
Court sitting in Abuja for permission to receive urgent medical
treatment for cancer in London, but it was nonetheless granted.
“Justice Adeniyi Ademola explained that an accused is presumed
innocent before trial, and that a citizen’s health is paramount before
the law. Mr. Buhari was ordered to release Mr. Dasuki’s international
passport.
“Mr. Buhari defied the order. He put Mr. Dasuki’s house under siege, a
microcosm of the Bosnian Serb siege of Sarajevo. Mr. Dasuki returned to
court. Justice Ademola reaffirmed his order, asserting: “My own orders
will not be flouted.”
How would we know that a Nigerian President’s perceived enemy could
be eliminated and he would read about it in the newspapers.He may not
even read the story if officials decide to print different versions of
the papers that the public read. It sure does happen!
It is not too late to reverse this perception by obeying the order
that Dasuki should be allowed to travel for his treatment. Security
details could be assigned to be with him while he is abroad to ensure he
returns to the country if the administration fears he may not want to
come back.
His trial for whatever offenses he committed would be seen as a
judicial prosecution upon his return and not political persecution as is
currently perceived. It would be very difficult for fair minds to
ignore the process and look at the charges only under this atmosphere.
Re:Na wetin MTN do sef? (Feedback)
Haba Yinka, which one you dey?
MTN started its service with flagrant deceit, lies and fraud telling us
that per second billing was impossible. We were billed N50 per minute
for about two years. It was a monumental disservice to this nation to
first grant a foreign telecommunications company a licence to spite an
indigenous company. They did not consider the security implications.
Salvation and a great relief came when Globacom started and immediately
introduced per second billing and also drastically crashed cost of GSM
on inception. The poor man is able to use GSM today. Thanks to Glo.
MTN quickly went back to what it said was impossble. We probably would
be paying N500 per minute today.
MTN deducted N100 daily from my credit for a promo of N2 million
daily win. I have the record. How much would that come to from just five
million Nigerians – N13trn. We never saw any N2m daily winners. MTN
refused to deactivate hundreds of thousands unregistered lines used by
criminals and insurgents to destroy this nation; while all other service
providers obeyed MTN disobeyed.
Yinka is that not crime enough. If the fine is paid MTN will take the money back from Nigerians with more questionable promos.
If Globacom had started GSM instead of MTN can you imagine the great
advantages and beneficial service Nigerians would be enjoying today, may
be 2kobo per second and unlimited empowerment of Nigerians all over the
nooks and crannies. MTN is a wind dangerously blowing across this
country in the name of telecommunications service.
The negotiations for sympathy is edging towards corruption which NCC
should reject. MTN’s breach bothers on lives, property, security and the
sovereignty of this nation and should NOT be allowed to go free. Would
South Africa tolerate this horrid breach from a Nigerian company
operating in South Afrca.
NO!
Yinka MTN is taking money from Nigeria to pay Nigerians working for
it. MTN is not bringing money from South Africa to pay Nigerians here.
We are watching President Buhari’s action on this breach of our rules.
No comments:
Post a Comment
Lets know if this report was helpful to you. Leave your comment here. Thanks