Making the Anti-Graft Fight Real 

The Advocate

By Onikepo Braithwaite

Onikepo.braithwaite@thisdaylive.com

Empathy: Buhari vs Tinubu

Does President Bola Tinubu read my page? Last week, I mentioned that Nigeria requires a Government that has compassion, as empathy had been sadly lacking during the eight-year Buhari administration, and that President Tinubu’s first port of call on arrival from the UK should be Maiduguri, Borno State, on account of the devastating flood that occurred there recently. Indeed, immediately upon his arrival, President Tinubu wasted no time in visiting Maiduguri; he went to an IDP Camp and did a tour of the devastated areas, which is extremely important, because the places he visited would have given him a personal, first-hand feel of the hardship the people of Maiduguri are experiencing. If you have never observed a fast, how do you know how terrible and weak people feel when they go for long periods hungry without food? The President also met with high ranking stakeholders, like the Shehu of Borno and the Governor of the State. It is a matter of urgency, that the people of Maiduguri be given the much needed succour they require.

I remember when the Benue State Massacre occurred on January 1, 2018 – a calamitous New Year’s Day, where over 70 people were killed by suspected Herdsmen. President Muhammadu Buhari didn’t visit Benue State till March (about 10 weeks later), despite the clamour for him to do so; I don’t think he visited any of the IDP Camps when he eventually got to Benue, and he also claimed to be ‘unaware’ that the then IGP, Idris Kpotum, whom he had instructed to relocate to Benue State to arrest the deteriorating security situation there, only paid Benue a flying visit and ‘popped in’ for one night! 

However, Nigerians want to see President Tinubu’s compassion, particularly as the Minister of Petroleum, extend to our general living conditions. The price of fuel is simply outrageous for the average Nigerian, and its inflationary multiplier effect is devastating. People are starving. Last week, at a forum for former Presiding Officers of the National Assembly, President Tinubu stated that he didn’t seek office for personal gain and to look for money, but to serve the Nigerian nation. If this is so, why is he allowing NNPCL to create so much controversy, and what’s the secrecy about the price Government sold crude oil to Dangote Refinery (DR) and how much fuel was purchased  from DR for resale to Nigerians? One doesn’t have to be Einstein to know that, there is a group who do not want DR to succeed and supply Nigerians with cheaper fuel, as the source of their wealth is fuel importation and they certainly don’t want it to dry up. If President Tinubu is sincere about serving Nigerians, he must put a stop to the gravy train of these unpatriotic economic saboteurs.

Security and Welfare

I think that, if anything, every Nigerian President must memorise Section 14(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023)(the Constitution), that is, “the security and welfare of the people shall be the primary purpose of government”, so that they understand that without achieving both of these elements, they fail in governance. Security speaks to the safety of the people, citizens being free from danger, without which its almost impossible to thrive; while welfare is about health, happiness and prosperity. At the end of the day, Chapter II of the Constitution, that is, the Fundamental Objectives and Directive Principles of State Policy, are all geared at achieving the security and welfare of Nigerians. And, this is why, be it Boko Haram Insurgency, Banditry, Herdsmen/Farmer attacks, Kidnapping and all forms of crime that endanger the safety of the people, they must be taken seriously. 

I also emphasise corruption rather regularly, as it is just as bad as insecurity, if not worse, because it is a more friendly and deadly destroyer of the welfare of the people and society as a whole. Therefore, these two keys elements, security and welfare, must be treated with the utmost seriousness they demand. 

In 2021, a Virginia, USA University Assistant Professor was forced to resign after stating that it wasn’t necessarily immoral for adults to be sexually attracted to children. In Hungary, the President and Justice Minister resigned, after a public outcry over the President’s decision to pardon a Deputy Director of a Children’s Home who was involved in covering up the abuse of underaged boys. But, in Nigeria, can we say security is taken seriously, when the Minister of State of Defence is someone who has allegedly been linked to bandit leaders like Bello Turji? Even if the purported link to bandit leaders are unfounded, can we ignore the weighty allegations against him, made by even his successor? No. And, yet, he still remains in such a sensitive security position. Stranger than fiction! Agreed, Nigerians don’t have a culture of resignation, even when it is the honourable thing to do; and assuming that as Zamfara Governor, Mr Maitawalle couldn’t easily be removed from office, as he would have had to be impeached by the State House of Assembly (see Section 188 of the Constitution), there are no such constraints when it comes to a Minister who is appointed by the President and can be removed by him without much ado. This whole situation, is worrisome.

The Adventures of Tweedle Dim and Tweedle Dumb

Unfortunately, as these key elements of security, especially welfare, appear to remain out of the reach of the majority, instead Nigerians are thrilled by Government and its agencies, with a never-ending movie stage, whatever the genre may be; be it reality, drama, crime, thriller and what have you. And, what makes this even more discouraging, is that extremely serious issues that affect the nation like crime/corruption, are treated with levity, and end up being nothing more than blockbuster movies that are watched for an extremely short season and are soon forgotten. 

Or what should we call the nonsense, Yahaya Bello (Twiddle Dim), the former Governor of Kogi State, and his successor, Usman Ododo (Twiddle Dumb) did by showing up at the EFCC parking lot last week without entering the actual offices, if not making a mockery of the administration of justice system/rule of law, daring the Nigerian State, as if shouting ‘YOU CANNOT DO ANYTHING TO ME’? And, instead of taking up the challenge, the EFCC did nothing. No one is impressed by the subsequent weak attempt to arrest Yahaya Bello at the Kogi Governor’s Lodge later in the day. And, if people then voice their opinion that the security agencies/State appear be compromised because of their failure to take the necessary action against Yahaya Bello, they will be accused of hate speech!

Twiddle Dim has about 19 healthy criminal charges filed against him in excess of N80 billion, and yet, the Nigerian Government has failed or neglected to take the proper steps to bring him to book. Why? The security agencies, the EFCC, Police or whichever agency is responsible for effecting such an arrest, have not done their duty; if not, why are they purportedly failing at every given opportunity to arrest Yahaya Bello? Somebody that should have been rounded up months ago! After all, Section 35(1)(b) & (c) of the Constitution restricts an individual’s right to personal liberty, if such person fails to comply with a court order, or is reasonably suspected to have committed a crime. Also see Section 3 of the Administration of Criminal Justice Act 2015 (ACJA). In Fawehinmi v IGP & Ors (2002) LPELR-1258 (SC), the Apex Court held inter alia that “…it is unlawful to arrest, until there is sufficient evidence upon which to charge and caution a suspect”. I submit that, not only is Yahaya Bello a suspect, there is sufficient evidence to have charged him before a court of competent jurisdiction, and therefore, it is lawful to arrest him. It is trite that he can then apply for bail, because the financial crimes that he is charged for are bailable offences; and though the courts have the discretion as to whether or not to grant bail, this discretion must be applied judiciously and judicially. In Dokubo-Askari v FRN (2007) LPELR-958(SC) per Ibrahim Tanko Muhammad, JSC (later CJN), the Supreme Court listed the factors that would be considered in granting or refusing a bail application, one of which is the probability that the accused may not surrender himself for trial. The fact that Yahaya Bello has evaded the law for many months, certainly makes him look like a flight risk. 

As for Ododo, he cannot be charged with any offence presently, because, as the sitting Governor of Kogi State, by virtue of Section 308 of the Constitution, he is immune from suit and legal process while he remains in office. But, if Nigeria develops a culture of keeping accurate records and following up, Twiddle Dumb can be prosecuted for the offences he has committed when he leaves office. Some people have even argued that Section 308 of the Constitution should be amended and restricted, so that in situations like Ododo’s where the individual is openly committing crimes totally unrelated to their official duties, they should be prosecuted, and upon conviction, punishment can be reserved for when they complete their tenure. 

Ododo has committed several offences, in his bid to shield Yahaya Bello from arrest, and as a Governor of a State, he has brought much shame and indignity, not only to his office, but to Nigeria – the world is watching. His offences range from Perverting Justice contrary to Section 126 of the Criminal Code (CC) to Obstructing Officers of Courts of Justice contrary to Section 145 of the CC, to Concealment of an Offence, to Abuse of Office (see Section 15(5) & Fifth Schedule to the Constitution Part 1 Code of Conduct for Public Officers Paragraph 9; Section 104 of the CC) to Contempt of Court (see Section 133 of the CC) and Harbouring a Fugitive, to mention but a few. 

Section 126 of the CC provides that an individual who conspires with another to obstruct, prevent, pervert or defeat the course of justice perverts justice, and is guilty of a felony which upon conviction, carries a punishment of seven years imprisonment – it is a fairly serious offence. Not just Nigeria, but the whole world has seen Ododo committing all the above offences with gusto and aplomb (relish too), in his bid to protect Yahaya Bello. It is also not looking good for EFCC and whichever Agency has purportedly attempted and failed to arrest Yahaya Bello on several occasions. In MFA & Anor v Inongha (2014) LPELR-22010(SC) per Sylvester Ngwuta, JSC, the Supreme Court held that the absence of Counsel in a case he’s handling is obstruction of the cause of justice. We should be able to apply this principle to a Defendant who is absent from court and has become a fugitive from the law, and those who aid and abet him to this end – they are causing obstruction to the cause of justice. 

Conclusion 

Why has Government not done the needful with Yahaya Bello, so that the legal process can proceed the way it should? Why has Ododo not been read the riot act by the President, particularly as his actions are not just an affront to the rule of law in Nigeria, but constitute criminal offences? The sad truth is that, Yahaya Bello, Ododo and their ilk, believe that they can actually get away with their crimes, because others have got away with theirs in the past. 

Where did “Once Upon a Time With Dino” Part 1 & Part 2 end? What about “The Rochas Connection”? Nowhere! Nigerians were simply entertained by their antics, Dino Melaye jumping out of a moving vehicle, and security agencies laying siege to the residences of Senators Melaye and Rochas Okorocha. Beyond that, so far, nothing has come out of all those crime dramas/thrillers. “Orji Kalu: Attempting to Get Away With Money Laundering”, will soon be released. 

For Nigerians to believe President Tinubu’s declaration that he came to serve Nigeria and make a positive difference, or give him the benefit of the doubt, not only must his administration display more transparency and accountability in governance, the key elements of security and welfare of Nigerians must be made a priority. The fight against corruption, must be real.