02 Jul 2008 |
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“Any accused person, is presumed innocent until proved guilty”. If there is anything like the ‘rule of law’ in this UMYA’s government, that’s what it should be and that presumption should be accorded to everyone, poor, rich, ordinary and titled. In Nigeria, the reverse seems to always be the case especially when the accused is a poor citizen; you need to see the amount of “yet-to-be convicted” people who die in Police detentions and the prisons, ….awaiting trial, for you to agree with me. After the death of four, about six other humans are still languishing in jail, without any conviction, for over six years, for the suspected murder and attempted murder of some notable Nigerians like Kudirat Abiola, Abraham Adesanya, Pa Rilwane, e.t.c even after the real hit-men like Al Mustapha and Sergeant Rogers have confessed as being the ones used to accomplish the dastardly acts. A chronic problem they say, needs to be tackled with an even more chronic solution thus, some accused have devised various means of “attempting” to temporarily evade arrest since it could lead to unjustified incarceration and in our current lopsided country, seeking ‘redress and compensation’ arising from government brutality, is like a Carmel passing through the eye of the needle. We still remember the world-record-shattering high jump of Senator Iyabo Obasanjo Bello, and the ‘Tom & Jerry’ game she was alleged to be playing within the precinct of the National Assembly, in a failed effort to evade the EFCC but eventually she did the sensible thing because you can only run, you can’t hide from the law! So, it’s no surprise that the EFCC too is ‘evolving ways and means’ to at least, apprehend these fugitives and give them the opportunity to have their say before a competent court of law. It’s a win-win situation for everyone involved. With the alarming level of mind-boggling and pervasive corruption going-on in Nigeria right now, one wonders whether the “Family Name” still means anything to some Nigerians! Gone are the days when people use Honesty, Trust, Responsibility, Honor and other noble virtues to project and protect their family name…Now, it’s a competition about how much you can steal from public coffers (and then go on to treat it as a “PDP family affair”; a sort of “camaraderie” or “association of thieves” now exist in this “family” for the sole purpose of covering up jail-bound stealing and thieves!). Looting of public treasury in Nigeria is like winning a trophy, another feather to the cap!. Recently, after a Senate initiated investigation, some personae involved (Australian contractor, Mr. Georg Eider over his role on a N6.5 billion inflated contract scam, two former Ministers: Deacon Femi Fani Kayode & Prof. Aborishade Babalola, and a former Director-General of the Nigerian Airspace Manage-ment Agency (NAMA), Roland Iyayi) were apprehended just as they finished their “presentation” at the Senate floors and where on their way out into the public arena. They were however believed to still be within the “compound of the NASS” and the ministers where actually within the NASS lobby. The Senate claimed this was wrong and the reason being that “such arrests had the capacity and capability of scaring away persons invited to testify before any of its committee”. It further contended (Senator Eyinanya Abaribe, Abia State) that “some people might become scared of appearing before National Assembly committees to give useful information on matters under investigation”. Senate President, David Mark was quoted as saying that “the arrests had created the impression that the National Assembly was doing the bidding of the EFCC and merely giving excuse that it is carrying out investigation” and further directed Chairman of the Senate Committee on Information and Media, Senator Ayogu Eze, to embark on an enlightenment campaign on the wisdom in the decision to discourage law enforcement agencies from arresting persons within the National Assembly. And finally, went on to pass a motion (which becomes law on Presidential accent) barring the arrest of any alleged offender within the precinct of NASS, by any National Security Agency……“As much as possible, people who committed or are suspected to have committed any offence should not be chased into the National Assembly. C’mon, give me a break, distinguished Senators. Now, on the face of it, the NASS should and does deserve respect. That’s why they are called “Distinguished Senators”, not because of “they in themselves” but what their office represents (or should represent!). Any action that may tarnish their image or reduce their reverence must be avoided. Having said these, to now enact a bill/resolution as the one mentioned above, is not only self-serving but ill-advised. It’s like killing a fly with a sledge Hammer or cutting-off your nose, just to prove a point to your face, about who is in charge! Nigeria is a Republic and has laws in place to deal with anything untoward. The EFCC is an Agency of the government and if and when it goes wrong, l am surprised that “distinguished” Senators can not rise above petty self-preservation, ego and myopic thinking, before taking action. To create a “safe house” for wanted people whether under the invitation of the NASS or not, is totally unnecessary. Instead of addressing the lapse on the part of EFCC, the NASS wants to create a monster for its own benefit since every criminal just have to make it to the NASS grounds and to become an “Untouchable”! Catch me, if you can. So, the distinguished Senators will rather assist a suspect to evade arrest than shed a little bit of their air of reverence?…..not even for the sake of the law it makes! Should NASS itself not be in the fore-front of assisting law enforcement agencies in the identification and arrest of suspected criminals or does its ‘fear and drastic action’, arise more out of its own perception of some of its members “just waiting for the judgment day”, since everyday is for the thief and just a day for the owner. Is there a law in the Nigerian constitution that bars the same constitution from operating within Nigeria (save for foreign embassies)? What does this portend for Nigeria? Has law making become so self-serving? Can the “wrong” action of EFCC not be corrected without creating a ‘law’ that benefits fugitives? What does it take to “order” EFCC to return those it arrested on the “hallowed” grounds of NASS and make it mandatory for the suspects to report to EFCC, by themselves? Would they? Does this show our collective disdain for constituted authority, our penchant for abuse of power and mischief mindedness? Do two wrongs make a right? In making this law, there is no doubt in anyone’s mind who the major beneficiaries would be! It will be the same people who made the law. While the same jaundiced minds of our lawmakers cannot comprehend the benefits of passing the “Freedom of Information Bill” they are quick to pass a law that makes it impossible for them to be arrested, if they run foul of the law, an “immunity clause” by deception! Whose interest does this group, that call themselves law-makers serve? Are they really lawmakers or lawbreakers? In what way are they helping this country achieve its aims and objectives? How have they used their clout to ensure that the executive arm implements to the letter, laws that protect and serve the interest of poor Nigerians, except where they need to arm-twist the executive and leverage themselves for a “share or bribe” of the cake! How about a law prescribing the death penalty (if found guilty) for the extra-judicial murder of “a suspect”, by enforcement agencies? It’s very very sad, humiliating and deflating, to think that these is what and these are the types we use our tax-money to fund and maintain. So, they are now a privilege member of those who are above the law? Just like the President, his Vice, The Governors and Senate President, immunity has become very cheap and all you need do to acquire one is ride a Taxi to the NASS compound. Whose else needs immunity please, NASS is hawking it right now? LGA chairmen? Chairmen of Motor Parks can as well create their own immunity in their motor parks.
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