The intention of this article is not to be unkind to Mr. Ajibola. Avoidance of the harsh inference by Edwin Madunagu in: “Anniversary essays on our future” against the former Judge is my objective. I could not attempt but be kind because of past interaction with Mr. Ajibola. Yet, I am puzzled not by what was observed in his paper – it is the absence of intellectual solutions that turned what would otherwise have been an excellent paper to a yeasty presentation.

Of my interaction with him - when he was Nigeria High Commissioner to the Court of St James; I cannot vouch any closeness. Neither can I deny his graciousness and kind respects on several occasions. Once, he introduced me to a Baroness and former minister of the British Cabinet – his words were kind and the experience will remain with me for the rest of my life. I had access to him and his office. At his tenure, my name was on his invitation list and I was invited to many functions at the London Mission. Unbeknown to him - he gave me a sense of importance that my upbringing denied. His Christmas Cards remained on my mantle-piece – even past their sell by dates. Also, I am aware of his other generosities – some of which manifested; others, which did not. I am not unique in his credit. He was just qua Bola Ajibola. He was to me and I am still to him - a stranger. However, in the travels of life his goodness to me impaled the importance of too many relatives from whom favours were begged and expected; but who denied the same with lame excuses. Perhaps, this is the reason for my deep and possibly incurable contempt of them and respects for people like the eminent jurist. Nonetheless, his paper is my focus and through this attempt, I shall remain venerable in repayment of his kindness but critical of the argument raised.

In expounding the observations of the Deipnosophist, who advised: “signing of bad contracts, reckless and irresponsible acts, are the major factors contributing to the nation's huge debt burden, which has been put at $30 billion”; I inquire - where is the news in this disclosure? It is common knowledge that many Nigerian State Officials in collaboration with officials of Credit Institutions were involved in various scams to dupe the Nigerian Treasury, which was not properly coordinated and disciplined in the discharge of its obligations. From the Carpet manufacturing turnkey project to construction of inexistent highways for which loans were drawn - all these are no State secrets. In fact – why should they be? The purpose of each loan is verifiable and should not remain a matter of public record. If the Debt Management Office does not possess documentations for each loan – why is the Office not seeking proof? Are the signatories still alive? Are the projects visible? Where projects are not visible – why is this government not empowering the people to inquire difficult questions of it and previous government officials, who have been enriched by suspected recklessness or commission of financial crimes against the State? Its silence is a collusion of sorts and it does not advance what Mr. Ajibola propounds.

The Jurist noted: that by 1983, when the military took over, the country had already incurred international debt to the tune of $3 billion, regretting that the amount has now increased to $30 billion. Again, I ask - where is news in this submission? Save for the value of the nation’s indebtedness – the current president, Mr. Obasanjo and Mr. J.K Randle – the former president of Institute of Chartered Accountants of Nigeria (ICAN) have averred that no-one knows the correct amount owed by the nation. How is it that the eminent former Judge could be so emphatic of his figure of Thirty Billion? Anyway, did the Attorneys General during the period in reference alert the nation or their Heads of Governments of the dubious and unfair contract terms; and “lawyers who compromised the nation”? If not, such Chief Law Officers can equally be charged of “compromising the nation.” Could Mr. Ajibola by extension be guilty of his own charge?

What remains unclear is the purpose of the Debt Management Office. Why is it that up till now, the president is not versed in the components of the loans that are being serviced? Mr. Ajibola went on to say that “…though between that period till now, Nigeria has paid in interests and capital over $20 billion …” Again, where is the news in this emotive submission? Factual, it may be. Puerile it is. Mr. Obasanjo once in a speech at the London Hilton Hotel asserted that the interest chargeable on the nation’s debt is compounded and penalties are payable for late payments. That, unfortunately, is the burden all debtors bear. Even in personal relationships with lending institutions – debts are compounded and non-repayment penalised - when there are infringements.

To understand the dilemma behind the submission of the eminent jurist – consider the report of the House of Representatives Committee on Public Accounts. We operate a civil service that is not only inept - it is a den of vipers, thieves and robbers. It is unsurprising that government remains the biggest business in our nation. If the state of our civil service is as portrayed in that report – it is clear that an undeserved debt cancellation would set straight our records. The insuperable position of this debt is not the undoing of the credit institutions or foreigners who taught us to “load contracts” - it is squarely of a people misguided by their leaders and a nation where the rule of law applies only to plebs. This is the pronouncement, which is the good news that Mr. Ajibola offered as a gospeller.

Before tackling the issues of compounded interest chargeable by lenders and manifestly unfair contract terms of our external loans – we need to examine and sensitise the nation on the import of the Public Accounts report. What hope is there for development when evidence of financial transactions are either not properly kept or destroyed by ministries and their parastatals? What is unfathomable about the Civil Service and every succeeding government in the 21st Century is the techno phobia and unwillingness to employ technology to curb waste and use of the same for proper record keeping. Anyway, the Civil Service as indicted is full of Arsonists. Anyway, who can guarantee the safety of records and hardware? There must be a viable system for efficiency to dethrone malfeasance.

On the issue of adequate provisions in the Criminal Code Act and Penal Code for dealing with different types of crime – the eminent jurist asseverated that the problem is the implementation of these laws by the appropriate authorities. Without stirring trouble between him and Mr. Obasanjo – to admit the above submission is germane is to conclude that the eminent jurist questions the usefulness and establishment of ICPC. After all, in his own words – “…the Commission has changed nothing.”

Does the establishment of the cash starved Commission not in itself depict how our leaders fail to consider the implications of their policies? ICPC may have appeared in the short term - popular and expedient in dealing with corrupt practices. Its demise is only a matter of time -a very short time for that matter. Yet, Mr. Sunday Awoniyi – the Chairman of the Arewa Consultative Forum (ACF) once posited that ICPC was incapable of dealing with its mandate as there are other prosecuting authorities charged with similar powers. It appears that unless funds are provided – Mr. Justice Akanbi had better reengage himself in grandfatherly pursuits of retirement.

Mr. Ajibola’s colourful approach to corruption is more of fire fighting and one that is reckless advocacy from a former Chief Law Officer. Chika Amanze-Nwachuku of This Day Newspaper reporting his words – though a hear-say: “… Nigerians should learn to tell any corrupt person, no matter how highly placed, that he is corrupt. However, a direct quote of: "Let us call a spade a spade. Any person who is a thief should be told he is a thief…" does not diminish the report. This type of advice is a wise crack to the common man. It is technically irresponsible and eminent jurist knows better.

If the advice pertains to a common thief that has been prosecuted and found guilty – the legal luminary has again stated nothing new. Judging by his paper – his advice relates to corrupt leaders. It beggars belief that he admitted so much that ICPC has not made any difference. If that position were acceptable – save for minor offences perpetrated by junior officers, the Nigerian system is still to punish or find guilty major league perpetrators of corruption. Around us, we recognise former government officials living in laps of luxury at retirement and their corrupt collaborators with unexplainable wealth displaying the evidence lucre. Yet, the State remains blind to them. In fact, these men and women are patronised; their children graduate into political high offices and the judiciary with comfortable ease. Who wants to display the level of foolhardiness that the retired diplomat advocates? Not you. Not me!

Calling a spade a spade is indeed what is required. It is the spade of Freedom of Information that must be endowed. Since, Mr. Ajibola has a good influence on the current president - he should influence his friend to direct government information flows freely to the citizen. Classifying loan documentations (if they have not been tampered with or burnt by Civil Servants) signed as State secrets will defeat attempts to expose Nigerians who have “compromised the nation”.

After name calling of spades – perhaps, we can commend Mr. Obasanjo for his attempt to reposition the economy through diversification and non-reliance on Oil as the only source of foreign revenue. Whilst government must not remain the largest business in the country – there is a need to refocus and reposition unregulated economies outside of the mainstream. Also, our technological blueprint must take a cue from India and the Tiger Economies of the East. Perhaps, we could devise policies to make technology experts of many of our youth. Our collective dream must be likened to Mr. Bill Gate’s - who in this generation dreamt of putting a computer in every household. By such dream – he has made himself dream. If we, through free technology education can make youths of almost each household technology experts – the benefits would be in foreign revenues to pay off our debts and our economy fuelled by the private sector. Mr. Ajibola must see a way out through a more serious endeavour other than name-calling, which respectfully was not the only anodyne the man advocated.

Mr Odutola is a solicitor of the Supreme Court, England and Wales and a Lawyer at a Firm of Solicitors in London, England.

Print this article Monday, June 14, 2004 Print this article An Evening With General Ishola Williams  Not too long ago, I promised never to share company with well-known Nigerians whenever they are in London, England. The rule applies particularly to current and former government officials: State Governors, Ministers and State Commissioners. I am of no relevance that they want to share my company. The decision is predicated on a bizarre experience of going to “say hello” to a current State Governor. I blame myself for the hopeless enterprise and absolve the governor for a lesson, which though was unintended but well delivered. Since that “visit”, it is not out of irascibility that I refuse to meet a visiting governor. My reason is simply that I meet more civilised men and women of diverse and higher stations than many of our State Governors. In fact, shortly after my experience with that governor, I visited a noble Lord in the British House of Lords for Lunch and was shocked to see the noble Lord who is a friend of Nigeria and the Nigerian president awaiting my arrival at the entrance of the British House of Lords.

A date with General Ishola Williams can decently be compared to the experience with the British noble Lord. But Ishola Williams is not British; he is morally better than that governor; and has occupied the Nigerian space without suspicions of scandals. He is a Nigerian, who served the nation meritoriously. Retired and serving officers of the Nigeria Armed Forces advise he symbolises honesty, accountability and discipline - a rare virtue in present day Nigeria. Unlike the serving governor who kept me waiting needlessly, whilst he watched television in an adjacent room – General Williams is unassuming and does not fit the mode of a very important Nigerian personality.

When we arranged to meet – his offer was for an “afternoon - if it was convenient”. I was stunned that a retired Nigerian General wanted to meet at our mutual convenience. No Orders or Platitude as to why the meeting had to be at his convenience. His humility was mostly convincing. I offered we met after my working hours – to my surprise – he agreed. Is this General Williams from another planet? Did his Spacecraft “miss” road and landed in Nigeria? When I telephoned and he was busy – he did not utter that usual and irritating Nigerian triteness - “I am busy, call me back later.” He regretted that he could not attend me immediately and promised to return my call. And at no time at all, he did as promised. I was surprised because many people of relevance in Nigeria consider every caller save the ones they worship is after a favour. Even government officials take calls as if they are not employed for the convenience of the public. Oftentimes, impatiently and condescendingly callers are asked to call back when the official “is less busy”. How is a caller to know when the official is less busy? This is an indecency that is peculiar to our public service. Even abroad – the same exist in many of our missions. Telephone a Nigerian official – the self-importance of many of them is not lost on you. As a rule – I never call back. I leave my details and request my calls are returned. Do they return the calls? As sure as death, whether relevant or not, they are devoid of mere common decorum and never do. It is true that not all calls can be returned. There must indeed be Information Officers trained to return calls.

Now, back to my encounter with General Ishola Williams. When I arrived at the Hotel, where he stayed – he was seated at the reception awaiting my arrival. As I approached him, I stayed at attention as if I was a “zombie”. I was tempted to salute because in many ways, I had come to meet a man who is approachable, yet guards his privacy - so as not to be contaminated by corruption in the Nigerian system and incongruity of others. He is a very thoughtful man; and from his demeanour - he is a man wrestling with the burdens of his fellow denizens. His burden is not only for fellow Nigerians – he wants to tackle problems faced by Diasporans. Also, he is burdened with difficulties faced by fellow Black people. He is a firm believer in the spirit of his race.

As I sat with him - his opening words were complimentary and kind. Hence, there was no need for gasconades. He congratulated me and I told him that I had no success to be proud of. My accomplishment is the gratitude that I owe my mother for her prayers and patience. It is also a debt to all the strangers that have assisted me. I could not return his compliments because where was I to start? I was determined not to talk about his recent experience in public transport; and as a sign of respect, neither he nor me would concentrate on personalities in the Nigerian space. I was not interested in deliberating on persons, the time offered by this Nigerian icon of integrity cannot be wasted because meeting with a person like him is rare.

Why does Ishola Williams deserve encomiums from a writer as polemical as me? Am I singing his praises? Could I sing his praises? As for what he represents and has achieved – I am a minion to offer praises. His life speaks for itself. Could I be seeking favours from him or has “Ghana must go” changed hands for a tainted conscience?

Let me deal with that straightaway. If Ishola Williams is ever your host - it does not take long to realise that he has little money to waste on pleasantries. I shall tickle with this account. Before I arrived at his hotel, he had gone to the corner-shop to buy a bottle of water and a bag of peanuts to offer me as his guest. Note the contradiction. If he could splash money about, he would have ordered a good bottle of wine and not a small bottle of water from the corner shop to drink at the reception of a fairly good hotel. When I asked if he could let me treat him to a good bottle of wine from the Hotel – he smiled and said he does not and has never tasted alcohol and neither does he smoke. I was curious. So, I inquired, if it had to do with his religion. No, it has nothing to do with religion - he has never had a need for alcohol nor tobacco. By this time he had gained my confidence like an older brother or an uncle that I have never had. As rascally as I am – I asked if our conversation could continue at the Bar of the Hotel. He smiled and agreed. I wanted to see his reaction, if I drank alcohol in his presence. The man was more than gracious and accommodating – leadership traits absent in the current democratic dispensation. He did not even inquire what I enjoyed in the drink.

Part of our discussion centred on what I call the “Fish-Bowl Experience” - a theory that I developed at University and labelled after its library, which I fondly referred as a Fish Bowl. Once out of boredom, I noticed five students who represented various races of the University student body had come into the library at almost the same time. As each settled down, another set of five students replicating each race arrived at the same time shortly afterwards. To my utmost surprise, the Indians gravitated to each other, the Chinese, Anglo-Saxon, and Koreans each gravitated to their own. The Black boys avoided each other and both wanted to attach to the Anglo Saxon firstly and thereafter to the others but not themselves. I still see the drama repeated often times. Many Black people in opulent surroundings attempt attaching themselves to any other race but theirs.

Ishola Williams desires an attitude change amongst Black people and he believes he could start with professionals in Diaspora – regardless of what countries they come from. He wants Blacks to network each other as other races do. I told him that as laudable as his ambition is, I am sceptical of it. Nevertheless, I conceded that a journey of a thousand miles starts with the first step. What further impressed me of the man is that he wanted to talk about ideas and ideals – not personalities or frivolities.

He narrated an experience after his military service when he had a burning ambition to set up Africa’s finest Institute of Advanced Mathematics, Physics and post-graduate course’s in Electronic I.T and Engineering Management. Even though he had the support of an International Organisation - all he needed was 5 Million Naira to establish a Campus. Neither the country nor private individuals supported the project. Consider this: the man was not looking for funds for personal gain. He was not seeking funds for a political office. He identified an Institute teaching Physics in our nation is needed. The fund required was to set up a centre of excellence for young Nigerians because he believes no nation can be developed without producing excellent scientists and technologists who have mastered technology.

So, I asked if his dream was to replicate what India as a good example had done. That country conceptualised its technological advancement at the same time as Ishola Williams conceptualised ours. India invested in her future. We ignored Ishola Williams. Now, we are begging for debt forgiveness; India’s revenue from technology alone outstrips the collective total annual national earnings of a few African Nations. How could anyone argue that the retired General did or does not know what he was or is talking about?

Aside for his dream for technological advancement for our nation – retired General Williams believes that African Countries must look at developing their own capital base. And for Nigeria in particular, he is of the view that Governors must be competitive with their human capital and resources in their states without the Federal Government take all and then share system that we now have. To make light of our meeting, I asked what planet he has been living, if he does not know that a few of our State Governors are already creative with revenue allocations for their States and Local Governments. As we had promised not to talk about personalities – quietly, I considered the threat of the current president against State Governors who have misused Local Government funds.

I could not discuss Mr. Obasanjo with Ishola Williams. I left pondering, if Nigerians could agree to expedite an amendment to our Constitution – so as allow arrests of State Governors, who have been “creative” with those funds. Mr. Obasanjo must act quickly to sponsor a referendum for constitution amendment in this regard. These State Governors must not go unpunished. Neither must past and current Local Government Chairmen be spared.

The change, according to him must start at the Municipal level in order to lay a good foundation for open, accountable system of Governance in Nigeria. He advocates reestablishing city and town councils with mayors and no direct funding of State and Municipalities. State and Municipal Governments generate their own revenue from all forms of resources (human and minerals). There will be a Federal Equilisation Fund to assist Governments who need subsidy for infrastructure, development and health only. He gave examples of other true Federal systems in the world. He believes that city and town councils (who generate their own revenues) provide a good foundation for political apprenticeship and a test ground for future governors and presidents.

At that point, I interjected and disagreed. I reminded him that revenue raised by Mayoralties, States or Federal Government from citizens is nothing but another form of taxation. Lagos State is a crude example of the pandemonium waiting to happen. Its taxes are not uniform with any other States in the nation. Admittedly, its revenue laws are autonomous. Apart from visible lack of impact of such revenue collected – the State may in the near future realise its revenue laws are regressive and punitive.

In closing, Ishola Williams may in fact have no answers to the problems of the Black race; and no doubt the myriad difficulties in Nigeria. Nevertheless, I celebrate leaders like him because their ambitions are not personal. They seek the common good. A verdict that I can hardly offer very many other important Nigerian personalities that I have met when on visits to this side of the Pond.

Mr Odutola is a solicitor of the Supreme Court, England and Wales and a Lawyer at a Firm of Solicitors in London, England.

Print this article Sunday, June 13, 2004 Print this article Afolabi: My Condolences, Mr. Obasanjo. The primary motive for writing this article is not to console Mr. Obasanjo on the death of his friend - Mr. Sunday Afolabi. It is an attempt to sympathise with him for another reason such as the unease of the head that wears the Crown. The secondary reason is to offer a reminder to the president on how to behave, if he attends the funeral of the deceased.

A little background may help to understand that the deceased was arrested and before his death, a prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) subsisted. As a result of his death, the charge against him was extinguished. Nonetheless, nothing stops the Federal Government from bringing a recovery civil action against his Estate. That could only be achieved, if other defendants are found guilty and the claim would be that the deceased breached the trust of his office. If the deposit of the $330,000 is evident in his account, an action against his Estate will be indefensible by his personal representatives. I do not in the figment of my imagination believe the Attorney General has the nerves to take an action against the deceased's Estate. Mind you, the assumption is based on guilt of other defendants. If they are absolved, Mr. Afolabi's name deserves to be cleared as well.

The decision of this Federal Administration to prosecute Mr. Afolabi and Others is a pointer that remains unfair to Mr. Obasanjo. Arguably, it would long remain as the formaldehyde to preserve not the body of the deceased but the memory of his public service. Death, this time has come at an inopportune time; its visit has not only harvested a man; it has redefined a career and a name. It is a common Yoruba axiom that when death comes, may it meet good works in our hands. What death found in the hands of Mr. Afolabi could best be epitomised by the reaction of the Nigerian Senate to the request to immortalise his name.

Even though the prosecution subsisted before his death - the court of public opinion has bequeathed legacies that the children of the deceased shall be considered in the same mode as the offsprings of Mr. Sani Abacha. Is life not ironically cruel? The memory of Mr. Abacha - a declared enemy of the current president is now linked at the umbilical cord of corruption with Mr. Afolabi - a friend of the president. Mr. Obasanjo committed the powers of the State to expose Mr. Abacha - what becomes of the name of his deceased friend and schoolmate? Would the president join the alumni of Baptist Boys High School, Abeokuta to bear the casket of the deceased? Or, would the powers of the State be used to protect the memory of the deceased?

When the president next talks of corruption - would the name of Mr. Afolabi rank in the same anal as Mr. Abacha's? Or, what is good for the gander will be terrible for the goose? It must be noted that Mr. Afolabi was never convicted before death. But, is anyone volunteering that Mr. Abacha was prosecuted for corruption? Well, it is all about the name - is it not?

It is the name that must endure. But, in the circumstance of this demise - what can truthfully be said of the man? It is settled knowledge that he was a kingmaker, who enthroned the present governor of Osun State. He was a close confidant of the president. A friendship that did not absolved him from infamy. Nonetheless, idle and corrupt politicians would want to travel to Iree, Osun State to be seen in the company of powerful kingpins of our democracy. It is for the same reason that taxpayers' monies will be wasted on the burial. I have never understood the provisions in law that allows State or Federal funds to be used in this manner. The waste is the same for which State Governors give millions of Naira of taxpayers' money at Book Launches. Is it possible to proscribe this type of waste? If a State Governor wants to give money away - is it not appropriate that his personal funds are used?

So, why sympathise with Mr. Obasanjo? Could the converse of his decision have absolved him? When the Attorney General was presented with what may have appeared on the surface as damning evidence - ought the administration have refused to prosecute because the deceased was specially related to the president? Would that have been fair? Regardless of the gossips that the stress of the prosecution brought about the ailment and subsequent death; the president took a right decision - if at all he was involved in the decision to prosecute. It is time to confront consequences of actions that attract opprobrium rather than apportion insincerity. The sincerity is Mr. Obasanjo's and he should take comfort in the poem of Theodore Roethke (1908-1963) in "The Adamant": "Thought does not crush to stone. The great sledge drops in vain. Truth never is undone; its shafts remain...

Truth and death have a commonality that affects not the deceased. It is only memory that is a victim of such whims. Recently, I was bereaved. No. Let me rephrase that sentence. I was not bereaved but my father died. At his funeral, I was an observer - not a mourner. To my late father, I was the child written off. One of his older children opined his reason as: "… You objected to his discipline, his methods and educational drill…" This is a triteness, which scornfully, I could endow a prize for denial of victory over misfortune and abdication of parental responsibilities over reason. It is an absolute balderdash that I have so far not dignified with much comment. Perhaps one day, I will.

Regardless of the differences in life, I am bound to my late father in death because his demise altered my mind and our relationship and its lack became meaningful. I discovered only at his funeral - a righteousness that I expect would count for him on judgement day. His insistence that none of his children was more favoured marks his last testament. So, the last laugh is on the Grandstander, whilst he becomes the butt of my jokes.

It is now in death that I begin to make my way home to a father who will be physically absent when I arrive - whose complexities made difficult our misunderstanding of each other. I look at the picture of his corpse and express my gratitude for allowing me that "indiscipline." However, validation of me as all others made true what he said in life but did not seem to match with actions. His last testament indicates an abode of a higher spiritual level. It is one that leaves his children in peace, so that he may rest peacefully.

For Mr. Obasanjo, there is the funeral of Mr. Afolabi to attend or shun. Given the president's encomiums, the gravity and alacrity by which, it pleaded absolution - the president's words betray not the grief for the loss of a friend but the guilt at expediting the deceased's early death. As the he struggles with his decision to attend the funeral, I shall proffer an advice or two in that area.

Funerals in our culture are a time to celebrate the achievements of the deceased. His children, even obscure ones may occupy the central podium to be noticed and cherished. And, prayers of well-wishers will ring to no end in the ears of the children. There will be prayers of forgiveness for the dead as if they matter; many would talk of the deceased's contributions of changing the political landscape of the South West of Nigeria. Whatever the achievements of the deceased - the bribery footnote to his career would remain unattractive. However, only the ill educated and ignorant would blame Mr. Obasanjo. The president deserves no blame. He could not have done otherwise.

Anyhow, here is the advice for the president on how to behave when at the funeral. He must note that whatever is said for his part in the prosecution before death; whoever points fingers at him; whoever questions his rights or obligations to be at Mr. Afolabi's funeral - he should bite his tongue; count to ten; breathe slowly; engage his head before his mouth. Do not say - Mr. Sunday Afolabi - my foot; that would be considered irreverent to the dead.

Whatever the temptations - he should not even dare claim he is more saintly than the Pope at the Vatican; or consider his righteousness greater than Pontius Pilate. The president must at all costs avoid his usual ungracious attitude, which he demonstrated in Lagos - by asking for gratitude for attending a disaster area caused by the atrocities of storing military assets and munitions within a residential area. He must resist vituperating fellow mourners and not tell them they should be grateful that he is at all at the funeral. Such insouciance would irritate others. Even, if anyone dares ask about his presence at the funeral - he must advise his security operatives not to exercise unlawful arrests or intervene to interrogate any "idiot" - even if he is a Blackcoat and venerable Curate. That, at all costs must be avoided.

If Mr. Obasanjo wishes to be taken seriously that he is not a despot and an embarrassing one for that matter - the "arrest" or interrogation of Rev. Yakubu Pam - the Chairman of Christian Association of Nigeria (CAN), Plateau State by State Security Services for "upsetting the president" is adequate reason to sack the officer that intimidated and ordered the arrest of a man of God. Nothing else will suffice.

Going to the funeral of a friend to arrest fellow mourners may not go down well. If the president wishes to ignore the advices inhere - he had better stay at Abuja - where he does not invite guests to picnic. Was it not Enoch Powell, the United Kingdom Unionist politician who once said all political careers end in failure? As Mr. Afolabi may have feared before his death - Mr. Obasanjo may in life realise the same truth.

Mr Odutola is a solicitor of the Supreme Court, England and Wales and a Lawyer at a Firm of Solicitors in London, England.

Print this article Saturday, June 05, 2004 Print this article Dariye: A feather In Obasanjo's Cap? Mr. Joshua Dariye has become in our nation, a man synonymous with so much. For now, nothing seems good about what he represents. That categorisation is as bland and confusing as various opinions over declaration of emergency rule in Plateau State because of the infraction at two of the seventeen Local Authorities. Many pundits purport the action of the president of the Federal Republic of Nigeria is inconsistent with the provisions of the constitution of the nation. More have challenged the impunity that Kano State escaped the same wrath. The emergency rule declaration is here and in many ways it projects wrong values and awful leadership not only in Mr. Obasanjo; we are all to blame for the calibre of people we celebrate as leaders in our nation. In a democratic dispensation, it is now clearer that Mr. Obasanjo for one or two reasons that I shall later dwell upon is as bad Mr. Dariye ? the suspended governor of Plateau State who was condemned with all sorts of expletives. Now and on reflection, both men seem not aware of ??that all power is a trust ? that we are accountable for its exercise that, from the people and for the people, all springs, and all must exist (Benjamin Disrael, the 1st Earl of Beaconsfield and former British Prime Minister). For Mr. Dariye, his personal survival for now is more crucial than resuming the Office of the Governor of the State ? an office that may now forever be beyond him. The suspended governor is at the mercy of the president; and Mr. Obasanjo is not only aware of the expected grace ? he needs Mr. Dariye as a prime example of the failure of his crusade against corruption. Earlier stories reported was that the suspended governor was detained in London. I can state on reliable information as Mr. Dariye has denied that he was not detained. The information that I have had corroborated is that a man was arrested over a large amount of money for which the source may be dubious. Let us for ease of reference call the arrested man: ?the Courier?. When questioned, the Courier must have realised that he could go to prison. Hence, for love of freedom, he spilled that the money belonged to the suspended governor. At this point ? there were two options available to the suspended Governor. If he was well advised - he could have denied he knew nothing of the Courier?s claim and the result would have been the loss of the money to the British Government and a jail term for the Courier. The other option and a very ill advised one for that matter ? the governor could have claimed the money; and show proof of its legitimate source. Such proof may have been difficult for a serving State Governor. The suspicion is that Mr. Dariye could only have purloined the funds; and seeking to pervert the course of justice by falsehood would have compounded his problems. Hence, it would have been a dangerous choice to risk arrest and possible jail term in the United Kingdom. The only advantage in the latter choice would have been that if the State treasury were defrauded, the return of the money to the Nigerian Government would have been assured. I state this outcome for one very good reason.I have lived practically all of my adult life in England and I am conversant with the system. I can state that only two Nigerians ? one living and the other dead are the only ones that have or have had the clout to influence the legal system in the United Kingdom. As for the dead one, he is only mentioned for effects and because of an incident rumoured in the 1980s. Unfortunately for the suspended governor, Mr. Obasanjo is the only living Nigerian that can save him from a prison term in the United Kingdom, assuming the funds seized in London were his. The Nigerian president has the connections of his office and the British Government respects him as its ?Establishment? is in awe of him. If he chooses not to use inter-governmental connections to intervene at the mercy of Mr. Dariye, his fans and friends outside the British Government will most certainly deliver what he wants. For this reason, I am fairly confident that if the funds were stolen ? they would not only be returned to the nation; the suspended governor will serve no prison sentence under the provisions of Proceeds of Crime Act 2002 or its counterpart money laundering legislation. It has to be said that since the funds were not paid into a Bank Account or expended, it may be difficult to prosecute the suspended governor under the provisions of the Money Laundering Act. Mr. M.K.O. Abiola was another man who had the same gravitas. Were he alive, Mr. Dariye could have counted on him. After all, it was rumoured in the 1980s that a relative of one of his wives was involved in a criminal infraction in Brazil. The rumour had it that with his intervention, the wife?s relative quietly left Brazil with no criminal records. Mr. Abiola?s tentacles spread all over the world. He was that powerful. Now, that he is dead and prosecution of crime is not time barred ? may be it is time to alert the authorities in that country of the existence of the relative ? so that he could face the music.In some regards, I am saddened for Mr. Obasanjo. If the advice in declaring a state of emergency is well considered - his Attorney General has a lot to answer for. Considering the advice to the president was based on a ?spent? statute, which the Attorney General linked to inexistent provisions in the 1999 Constitution ? there is only one honourable option left for Mr. Akinlolu Olujimi - the Minister of Justice and Attorney General of the Federation. He should resign immediately. It is time that our public servants are made to pay for ineptitude. Could Mr. Obasanjo rely on an Attorney General that does not know which legislations are still in force? A man that ought to guide him in legal matters has failed woefully on this occasion and for as long as the issues of the emergency rule are debated - Mr. Obasanjo started from a bad and embarrassing position. If Mr. Olujimi refuses to take the honourable path ? Mr. Obasanjo must relieve him of his appointment. The president cannot and must no longer rely on legal advice from this minister. Mr. Obasanjo?s crusade against corruption is at the heart of the process to declare a State of Emergency in Plateau State. The president needed to assume powers to punish Mr. Dariye and in so doing 120 million of us are now caught in the web to avenge the suspended governor. He could have allowed the system to impeach the suspended governor. As, Mr. Obasanjo would not gain the ?glories? that he sacked the governor - regardless of whether the constitution granted him the rights to appoint a sole Administrator or not, Mr. Obasanjo desires the approval that he is serious about eradication of corruption. What his foreign friends shall not inquire is the breach of the nation?s constitution in his actions. Wait for a while, you would hear Mr. Andrew Young, the Black American friend of the president singing his praises over the declaration of emergency rule. Let us backtrack a little bit. Earlier this year, the president may have considered that a compounded unlawfulness and illegality could just as well provide the expediency to absolve his failures over the last five years. Therefore, he seeks to showcase the weakness of our democracy as not his personal failures but the corruption of others - Mr. Dariye only becomes a feather of in the president?s cap in the path of history. The errors of the suspended governor might be exemplified to vindicate the president. Mark it, this president will, in future claim the avarices of corrupt governors frustrated his achievements. If that claim is doubted, consider the theme of the president?s media chat in celebration of Democracy Day ? where he announced that two governors were currently being investigated. The announcement of the investigation of governors in itself is queer to the extent that neither the police nor other prosecuting authorities have been as clear-cut to advise the public. Why is it the place of this president to do so? There are two situations that the president?s disclosure may precipitate. Firstly, there are irresponsible gossips and painting of all governors with the same brush ? as corrupt. Secondly, the governors collectively will react to the president - just as they did to the Minister of State for Finance, Mrs. Esther Nenadi Usman. The result is that governance suffers. Could the prosecuting authority involved in this matter not have made the announcement at the conclusion of its investigation? What happens, if the two governors investigated were found innocent? Would Mr. Obasanjo return to advise the nation of their innocence? Would he announce that he ought not have made the earlier comment about the investigation? Whichever way the president?s announcement is explored, it is a foreshadow of the foreboding action that our polity is to suffer. That aside. Consideration of the drama precedent to emergency rule may help understand the reluctance of Mr. Dariye to pursue a legal remedy to restore his powers and office; and why he is seeking refuge with God. In my view Mr. Dariye seeks to convince of repentance and possibly a ruse to forestall greater dangers. But, if the president could not contain his anger with the expletives to describe the suspended governor; it may be hopeless to expect compassion. Possibly for Mr. Obasanjo the suspended governor is to serve as a deterrent to corrupt government officials. As it is in the president?s gift to protect the governor - I doubt if he could on this occasion be magnanimous. Would anyone dare plead for the suspended Governor? If the governor breached the trust of his office, he deserves to be punished by his electorate. Perhaps, more than anyone, he realises his limitations and I am the first person to admit his options are limited. So, he is right in his chosen response to his personal crisis.If it can be submitted that Mr. Dariye is the embodiment of what is wrong in our political system; I reiterate once again that there is a need to reconsider ascendancy to political offices. Political parties must in the interim to the next elections scout for aspirants currently affecting their immediate environments through selfless projects to limit rogues from taking political offices. What we operate at present is a polity devoid of ideas and ideals. Political offices go to the highest bidders. That much was foolishly acceded by the current president of the Senate ? Adolphus Wabara. If politicians are assuming offices to recoup their investments, why is Mr. Obasanjo angered that governors have stashed funds in foreign banks? As for declaration of emergency rule, the president must realise that his Attorney General proffered a bad advice. He should appease the nation and restore the choice of the people of Plateau State. Mr. Obasanjo should then provide the nation with facts of what happened in London and watch how the system will itself deal with Mr. Joshua Dariye. It takes a true leader to reverse the error of an ill-fated advice. Mr Obasanjo should demonstrate that he is a fearless leader, who is willing to correct the errors of a faulty advice.

Mr Odutola is a solicitor of the Supreme Court, England and Wales and a Lawyer at a Firm of Solicitors in London, England.

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Robot  # 1 | 08.08.2009 13:45

Lately, there have been a good number of presentations – in form of symposia, Commissions and treatises dealing with effects of Corruption and corrupt practices in our country. Mr. Obasanjo – the president of our nation in eulogising his deceased friend – Mr. Sunday Afolabi, chose peculiar words centred on the same theme of Corruption, which arguably were inappropriate at a funeral but effective in the circumstance because of the prosecution that redefined the career of the deceased. Even, the Special Duties Ministry has enlisted the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to assist the Screening Committee for this year’s National Merit Award - to ensure only worthy men and women receive the accolade. Levi Obijiofor in his submission: “Corruption: How we stained Nigeria” argued impressively by stating the obvious but was devoid of exact science and solutions in his Jeremaid. However, it is the cogent argument and perhaps colourful observations of Mr. ...Read the full article.