| Mediocrity Rules in the Ministry of Justice |
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| Written by Akintokunbo Adejumo | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Wednesday, 19 September 2007 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Word of the Day:
Drumbeater (Noun) One that supports a cause, especially
vehemently
Synonyms: partisan, zealot.
Usage: The Attorney General and
Minister for Justice was an unabashed drumbeater for the cause of corruption.
Chief Michael Aondoakaa, SAN, Attorney General and Minister
for Justice of the
Not since that doyen of legal jurisdiction, Chief Richard
Akinjide, holder of the same titles during the Shagari Administration has this
position and the holder ever been this controversial. In fact, I cant remember
any such holder in the intervening years being as controversial and in the
public news as Chief Aondoakaa, all for the wrong reasons. Even his
predecessor, Chief Bayo Ojo was not this controversial.
The fact is, the man has started off really very badly. He
has also cast serious and worrying doubts about YarAduas governments
position on fighting corruption and adhering to the rule of law. It seems that
the Minister of Justice is never sincere about meting out justice to corrupt
politicians and instead is using that phrase rule of law to try to pull wool
over our eyes and therefore doing more harm to the anti-corruption stance of
his government. It does not bode well for this administration, whose leader,
the President, is widely regarded as a man with a zero tolerance for
corruption.
His actions so far have brought to the fore, and exposed him
as a charlatan and mediocre, despite his lofty title and the suffix of Senior
Advocate of Nigeria, which is meant to be at par with the
The Nigerian legal and judicial system has been known all over
the world for its brilliance ever since the 60s. We have exported fine legal
minds to other countries in Africa and recognised in
To be saddled and imposed with this man, Aondoakaa, seems to
be an unjustified aberration, completely out of tune with our repute. In fact,
when it seems that sanity and confidence in the Nigerian legal system is being
restored after the atrocities of the Abacha years, and the uncertainties of the
Obasanjo Administration, we are now regressing and all the gains achieved are
about to be thrown out the window. All because of this charlatan and mediocre
with a patent conflict of interest.
To be frank, I had never heard of Michael Aondoakaa until he
became the Attorney General. Or rather, let me put it this way; I had only
heard of him because he was representing some politicians who had been accused
or indicted by the EFCC for corruptly enriching themselves while in office. We
can all see that he had been fighting the corners of corrupt politicians and
governors for some time and making money from it, and that means he can never
see the EFCC in a good light. In February 2007, Aondoakaa appeared as lead
counsel in a suit that challenged the powers of the EFCC, INEC and the six-man
administrative panel instituted by former President Obasanjo to recommend the
disqualification of Atiku Abubakar from the Presidential race based on his
indictment by the EFCC and the administrative panel of inquiry for alleged
corrupt practices. In June 2007 Aondoakaa appeared again as lead counsel for
the ANPP, the PDP's principal opposition, at the Nasarawa gubernatorial
election tribunal. The list of Aondoakaa's clients includes George Akume
(former Governor of Benue State) and Abubakar Audu (former Governor of Kogi
state) - both of whom have been accused of the embezzlement of significant sums
of money, and who have pending criminal cases instituted against them by the
EFCC. Herein lies the problem and this is where the conflict of interest comes
in. He can never be favourable to Nuhu Ribadu and the EFCCs fight against
corruption because they have crossed swords many times in court.
In his article, Attorney General Aondoakaa: His Masters
Voice (Nigeriaworld.com) Malcolm Fabiyi wrote, The question is whether or
not it is ethically appropriate that a lawyer that has taken the decision to
defend such men, and who by that decision, is required to question the
legitimacy of the agencies that had brought charges against his clients, should
now be placed in a position of authority over the same agencies that he has
battled for the last couple of years in the courts! While it might be true that
in law, all men are entitled to a legal defence regardless of the enormity of
the allegations levelled against them, I also believe that there is something
telling and revealing about Aondoakaa's character in his decision to take on
these cases. Many lawyers of established character and moral fortitude had
chosen to forego the allure of huge payouts guaranteed to anyone who
represented these men, and elected not to offer their legal services in defence
of the pack of vultures that systematically bled our nation dry over the last
eight years.
I have been following his actions since he became Attorney
General barely three months ago. Please note that in Nigeria, we have a system
where the Ministers are selected for the President by the ruling party and/or
governor of each of the 36 states, so it is likely that the President had not
even ever heard of the man until his states branch of the PDP or its Governor
nominated his name for a ministerial position. His first gaffe was the debate
about whether the EFCC should come under his office and that EFCC should seek
his offices approval before prosecuting any case. At first, he tried to flex
some muscles and then conceded that he will give the EFCC a free hand. We are
now seeing first hand how much free hand hes giving the EFCC.
The second gaffe committed by Chief Aondoakaa was during the
Naira Re-denomination debacle. I dont know when the Attorney General becomes a
spokes-person for the government, but the man decided to interpret the
Constitution and the law enabling the autonomy of the Governor of the Central
Bank of
Then comes the
mother of all gaffes. He is getting himself all in a twist by publicly
attacking the EFCC, a government body supposedly under him. He sent his offices
representative to a case in court being handled by the EFCC without the EFCCs
knowledge and thereby caused a lot of confusion and embarrassment in the court.
That is communication breakdown for you. The Attorney-General then issued a
statement saying he wants to preserve a "prohibitive injunction"
issued by
Then he demanded an apology from the EFCC and later
announced to the world that the EFCC had tendered an apology to his Office. The
EFCC promptly denied this. This idiocy alone has made his position untenable,
not to talk of his unprofessional way of doing things. He was neither doing the
right thing nor doing things right, a trait of mediocres in government and
other high places.
I have several questions for this man. Why isnt the
Attorney General taking a position or at least giving advice on the Speakers
contract scam at the House of Representatives? Why isnt he giving advice on
how to prosecute the corrupt ex-Governors already charged to court? Why is he
patently partisan in the case of one of the ex-Governors and seemingly
frustrating the efforts of the EFCC to progress the case to its logical
conclusion? Why is he constituting himself to be a stumbling block to the
dispensation of justice? Why is he, and his Government, hiding under the guise
of the Rule of Law, in continuation of the investigations and prosecutions of
all the ex-Governors accused of corruption?
What is our Attorney-Generals take and position on the effect
of the allegations and indictment of former governors accused of corruption and
who are now Senators of the
One of our problems is that mediocres mostly constitute our
national, states and local government leaderships. As a consequence of this, we
are bound to have corrupt and inefficient, ineffective leaders, because
mediocres try to hide their mediocrity by acquiring wealth at the expense of the
people, making a lot of unnecessary noise and pretending to be all-knowing and
intelligent. The charlatan also hides under the same cloak. They are always
caught out eventually, because the truth about them will always out and their
shortcomings exposed for all to see and when this happens, they start flexing
muscles and exercising power and force and resort to bullying everybody around.
The invocation of the Rule of Law" by our current
administration has always been made in curiously defensive circumstances, as a
result of great pressure from indicted ex-governors and party chieftains, and
invariably; this will always be to the benefit, freedom, and, sometimes, escape
of criminally indicted persons. I have argued about this matter of the
invocation of the Rule of Law in other articles, that these people will invoke
the Rule of Law when it suits them. This is now precisely what is happening.
Well-meaning and sincere Nigerians should be very much concerned that the Rule
of Law is now being used as an escapist strategy by the current administration
to avoid bringing a lot of these corrupt ex-governors to justice. At present,
what progress are we hearing about the cases against Nnamani, Orji Kalu, Nyame,
Turaki and Dariye? Things seem to have died down and I wont be surprised if we
never hear anything more about them. Then, what about other ex-governors who we
know are even worse than the ones apprehended so far? What is our legal
luminary Attorney Generals take or position on them?
Just a quick reference to the role of the Attorney General
in most countries. In most common law jurisdictions, the
Attorney-General is the main legal advisor to the government, and in some
jurisdictions may in addition have executive responsibility for law enforcement
or responsibility for public prosecutions. The Minister of Justice
and Attorney General
are combined into one cabinet position in some countries such as
The Attorney General, assisted by the Solicitor General, is
also the chief legal adviser to the Government. They are responsible for
ensuring the rule of law is upheld. In addition, the Attorney General also has
certain public interest functions, for example, in taking action to appeal
unduly lenient sentences. The Attorney General and the Solicitor General also
deal with questions of law arising on Government Bills and with issues of legal
policy. They are concerned with all major international and domestic litigation
involving the Government.
These are what Chief Aondoakaa should be concentrating his
apparently limitless energies on. There are too many issues in his office that
he should be attending to rather than spending ninety percent of his energies
on humiliating the EFCC or appearing to be subverting the course of justice or
taking the sides of corrupt ex-governors. I cannot say it better than
Fabiyi again, that all of the policy somersaults that YarAduas
administration has gone through have come about directly as a result of
Aondoakaa's interventions. And these are no mere policy somersaults, for in
each case, the issues at stake have been matters that were critical to the very
survival of
The Attorney General and Minister for Justice needs a
re-think, because his actions seem to be eroding the policies and promises of
his own government. Maybe hes just power-drunk. Maybe he is still overwhelmed
by his sudden rise to the pinnacle of his profession and the countrys
leadership. Maybe he is just being overzealous. Maybe he is just a mediocre and
does not have an idea of what damage, chaos and inconsistency hes causing to
his governments credibility. Whatever it is, he is being contradictory and
detrimental to the good intentions of his principal, the President. I believe
Aondoakaa, from his posture, action and utterances, is not serving the best
interest of the Nigerian public and the Constitution of Nigeria, but has a
hidden personal agenda.
If YarAduas Government is sincere, and I like to believe this is so, I dont see how Aondoakaa will see out four years in this crucial and important role. It is too appears much for him to handle.
Akintokunbo Adejumo, a social and political commentator on Nigerian issues, lives and works in London, UK. A graduate of the University of Ibadan, Nigeria (1979) and University of Manitoba, Canada (1985), he also writes on topical issues for newspapers and internet media including Nigeriaworld.com, Nigeria Today Online, Nigerians in America, Nigerian Village Square, etc. He is also the Coordinator of CHAMPIONS FOR NIGERIA, an organisation devoted to celebrating genuine progress, excellence, commitment, selfless and unalloyed service to Nigeria and the people of Nigeria.
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Posted by Robot| 19.09.2007 06:49