More than individual words and phrases, the rule of law is an institution. It is so sacred a term that its invocation in making a point in the functional process of democratic practice can be likened to swearing in the name of God in human interactions. The Muslim knows too well how important it is to invoke the phrase: "Wallah Billah" (I swear in the name of God) in attestation to honesty.

"The rule of law" as a guiding principle has become the emphasis of democratic uprightness in budding systems of practical neophytes.

Having witnessed a history of wanton looting and daylight desecration, Nigeria has, through the years, developed a peculiar understanding of the rule of law, democracy and national development.

In this context, ascension to political power has always been equated with the easiest and fastest means of making overnight millionaires. In the past, meritocracy served as a yardstick in high-profile selections and appointments and every Nigerian sought to attain one paper qualification or the other, by hook or crook. Those days are long gone. Successive military regimes succeeded in making mockery of paper qualifications and awoke a consciousness of fast-tracking material success with vitamin "C" ("Connection"). The climax was reached under General Sani Abacha, under whose regime a Sergeant (Roger) was lord over Generals for having the relevant vitamin C in his connection with the head of state. Nigeria’s understanding of national development all through the years, has been that of a backward progression. Infrastructures raised in the days of General Yakubu Gowon, which by today, would and should have seen us through to lofty heights in the league of leading nations, were dilapidated and ruined en route to leadership in the league of sinking nations.

Indeed, we have reached a stage of the dubious calm before the consuming storm… Ehm pardon! We are approaching the glorious calm on our way to Nirvana.

Whichever way it goes though, one thing is certain. Something should happen in Nigeria and happen pretty soon too.

It is against this backdrop that Olusegun Obasanjo emerged and dubiously saw some messiah instinct in his second coming. The rest is now history. Or so it should have been. Unfortunately however, a lot of things happening today, are still follow-ups of Obasanjo’s legacies and will remain so in the foreseeable future. Olusegun Obasanjo’s association with the likes of Adedibu, his questionable relationship with Andy Uba and hesitation in reinstating Governor Obi to his rightful position and in good time are just a part of the failures of that regime that is been mercilessly and fraudulently exploited even today. I pray no one should get me wrong. The regime of Olusegun Obasanjo had its load of positive achievements as well, which are not the object of this debate here and now.

Today, echoes of the words "Rule of law" remind one of the incessant lawlessness in Oyo state with Adedibu as mastermind. They remind one of the tribulations suffered by Governor Obi in search for his given mandate. In all fairness too, they also remind the objective observer and free-thinker of the vengeance and hate-driven and extremely laughable childish judgment of the Nigerian Supreme Court permitting a serving Vice President to switch parties and still remain Vice President and the controversial court judgment reinstating Governor Obi to his governorship after a complete legislative period. They remind one of the childish scenario of stage-managing the alleged killer of Bola Ige before an unsuspecting press conference. They remind one of numerous court rulings that smelled of corruption like the ruling of "Status-quo ante" by a judge on the Oyo state governorship litigation.

Indeed countless examples of this sort, mercilessly exposed the distance that Nigeria still has to cover in its search for the democratic promised land. Everyone knows that something has to happen and pretty soon too. But no one knows what.

In a society where wealth means power and power means friendship with personalities from all walks of life (politicians, judges, ministers etc.), stealing one’s way to wealth by virtue of public offices held, means power unlimited.

When John Jerry Rawlings led the revolt of junior officers in Ghana to wipe out leaders of a corrupt generation, he represented a storm that was preceded by a dubious calm. Today, who talks about the rule of law in Ghana? A cleansing wave swept through the land and democracy was instituted and the automatic process has taken hold.

The United States of America, which never in its history experienced anything near what Nigeria has symbolized through several decades, needed its own civil war as the cleansing watershed. Nigeria has had it all. Yet it was no watershed. Now Obasanjo has become the symbolic borderline between the past and the present.

While everyone asks the crucial question of the best way forward, the demarcating line now seems to have been drawn by the name Olusegun Obasanjo.

A more Obasanjo-leaning school of thought believes that a non-conventional approach is the best solution to a consolidated wave of unconventional problems. In other words, given the corrupt nature of the entire system, in which judges at all levels are not free of corruption, this school of thought sees nothing wrong in selectively implementing court judgments as far as national interest remains the guiding spirit. This view sees no relevance in the fact that Obasanjo’s own understanding of national interest was occasionally mixed with personal interest. What matters is that Olusegun Obasanjo has set this ball rolling.

The opposing school of thought bitterly detests this approach, if anything, because it stems from Olusegun Obasanjo, who is perceived as a devil incarnate and a hallucinating demi-god. Their theory is based on the solid foundation that a long-lasting democracy cannot be built on selective legal implementations. A thief, who has clearly broken the law on stealing should not be stoned to death in violation of a law banning lynching since two wrongs do not make a right. This school of thought is today, being championed by the present Minister of Justice in a blatant and treacherous power-hungry manner.

Viewed from outer space with the lens of an alien, no doubt, the picture of these two schools of thought will be uncovering two sides of the same coin begging for reconciliation in a hybrid solution.

This is the crucial point, in which I admire the present President of Nigeria Umaru Musa Yar’Adua. It may also be the crucial point in which the President is making his costliest mistake. History will tell. But one fact is certain: opinions are now divided on this President as well.

I admire the President for allowing this full-blown debate. It may turn out to be his own watershed. If the pendulum of public opinion swings against the EFCC based on disregard for the rule of law, the abolition of the commission and dismissal of Nuhu Ribadu would be an easy task. If it turns out otherwise however, the President will be faced with the easiest opportunity of ultimately breaking up with the anti-Obasanjo camp that is now being prominently symbolized by the very unfortunate Minister of Justice. Both ways, the President will be a man of his own and finally call it quits with the delicate balancing act of courting anti-Obasanjo sentiments and appeasing Obasanjo through the backdoor.

I do subscribe to and even champion a view that believes that the President should have engaged in a fast-tracked people’s policy of boosting infrastructures (like road constructions etc.) independent of these schools of thought, as proof of his independence. Immense achievements within a short period would have rendered any eventual negative electoral tribunal judgment (which he seems to fear badly) on his perceived stolen presidential mandate irrelevant, since he would have won any re-election anyway by virtue of perceived massive achievements within a short period. I subscribe to the view that playing this game of chess (or do we call it hide and seek) with the different factions of the Nigerian intelligentsia is the worst option the President could have chosen. Definitely, time will tell.

On the rue of law though, it has become clear that the anti-Obasanjo school of thought have – in the usual pattern adopted under the canopy of Abubakar Atiku – revealed a massive gift of propagandist eloquence like the notorious Goebbels of Adolf Hitler’s fame. With the slogan "Rule of law", a simple catchword has been grabbed to reach out to rational considerations and avert an out-of-hand dismissal of their rather unpalatable anti-people’s ploy.

The unfortunate and pitiable Minister of Justice and his cohorts have chosen a strategically significant slogan obviously in the aftermath of a carefully mapped and orchestrated consultative collaboration. It took the emphatic words of a legal luminary like Chief Gani Fawehinmi for the conspirators of the embattled Minister to creep out of the cover of their hiding. The present leadership of the Nigerian Bar Association that is yet to recover from its fatal vengeance-driven shortage of rational reasoning in the Supreme Court’s drive to desecrate the Presidency under Olusegun Obasanjo is now emerging as a champion of the Minister’s background orchestration. It is coming as no surprise that only international sources like the West African Bar Association and the American government are emerging to sound words of caution to the current President and highlight the importance of Nuhu Ribadu and his EFCC to the growth of Nigeria’s future.

My anger at the present, easily manipulable generation of Nigerian intellectuals notwithstanding, I guess this time around, the hypocrisy of this Minister is not lost on anyone except his closest collaborators. A Minister, who grants friendly audience to prominent politicians topping the list of corruption investigations by the anti-graft commission and subsequently launches a program on respect for the rule of law with the collateral impact of eventually letting some suspects off the hook through dubious court judgments and antagonizing the same anti-graft commission, should himself be nothing but a suspect in the process he is propagating.

It is imperative to seek to define the point of origin and point of termination of the rule of law. The incessant comparison for convenience, of Nigeria with the United States of America in areas, in which no sense of any sort can be made is best exemplified in this debate of upholding the rule of law. Cases of questionable judgments as was passed in barring the EFCC from arresting Orji Kalu are not common in similar cases in the United States. When the buck stops at the judiciary and the wealthy exploit their vitamins "C" to sway the judiciary in their favor, what should a nation do? Where should the rule of law begin and where should it end?

When the Igbinedions and the Iboris invoke their vitamins "C" with the prevailing power of the day and avoid prosecution amid glaring evidences of atrocious levels of corruption, what should a nation do? Where should the rule of law begin and where should it end?

Is our unfortunate and tragic Minister of Justice equating disregard for the rule of law in a corrupt and yet uncleansed judicial system, with the innocence of a suspect, who has no leeway of escaping payment for his crimes? Should this agitation of this tragic Minister not begin with sanitizing the judicial system? How can a castle built in mid-air survive the test of time except the test of "Kalus" and co.?

President Umaru Musa Yar’Adua knows too well that this tragic Minister is not here to stay irrespective of emotional agitations to the contrary. The ultimate solution may lie in a hybrid of the Obasanjo-leaning school of thought (with emphasis on national interest) and the anti-Obasanjo puritanist advocates of the rule of law (with emphasis on law alone no matter how imperfect) but Umaru Musa Yar’Adua’s own survival will depend largely on his progress on the corruption front.

Robot  Villager

# 1 Today, echoes of the words "Rule of law" remind one of the incessant lawlessness in Oyo...Read the full article. Posted by Robot| 24.09.2007 06:10

denker  Villager

# 2 frisky, my dear, with all due sincere and personal apology dis write-up is quite a Disappointment and Rubbish....i couldn't make much sense out of it!:rolleyes: anywaz, na you sabi! Posted by denker| 24.09.2007 07:44

JAGA-JAGA  Villager

# 3 Frisky, This is a balanced write up. Thanks for further elucidation on this corruption brohaha by UMYA's government. Below is an article in the Guardian newspaper Moday 24 of September 2007 by the Afenifere group, Aondoakaa must go SIR: Afenifere endorses the call by legal luminary Chief Gani Fawehinmi (SAN) that President Umaru Musa Yar'Adua must find another job for the current Attorney-General and Minister of Justice, Mr. Michael Aondoakaa (SAN) if the regime is not to be labeled corruption-friendly. Since his assumption of office as Attorney-General, Mr. Aondoakaa has shown that he lacks the capacity to separate the interest of his former clients (governors accused of corrupt acts) and the public good which he is supposed to be serving. Like the devil citing the scripture for his own Purpose, the Attorney-General has been hiding under the guise of the "rule of law" to protect high-profile corrupt people in our society. In a nation reeling under a justice administration crying for urgent reforms, Mr. Aondoakaa has seen "rule of law" as only ensuring the protection of the rights of alleged treasury looters. Afenifere is for the rule of law and this explains why we opposed the excesses of the EFCC under the Obasanjo regime. But today we are seeing another extreme situation where a regime that owes a lot of political IOUs to corrupt people is trying to use the "rule of law" to shield them from the long arms of the law. Upon assumption of office, the first memo the Attorney-General did to the President was to whittle down the prosecutorial powers of the EFCC, a request granted by the President only to be reversed after public outcry. Yet the AG continues to use that power to prevent the anti-graft war from having a bite. The question to ask is: why is it that this obsession for the rule of law is only with EFCC which is trying some ex-Governors who were colleagues of the President. Why is the AG not concerned with millions of Nigerians who are languishing in jail awaiting trial for years? The recent jail break in Agodi prison in Ibadan revealed that of the 680 inmates of the prison, 608 are awaiting trial. This is of no consequence to Aondoakaa except the fate of only 20-something ex-governors who are having cases before the anti-graft body. Is the rule of law in Yar'Adua republic like that of Animal Farm where all animals are equal but some are more equal than others? In the specific case of Orji Kalu which has set the AG against the EFCC, we see the minister serving personal interest against public good. If indeed there is a "black-market" injunction restraining the EFCC from arresting Kalu, the minister should have ensured that order was set aside so that Kalu can face trial and prove his innocence or otherwise. The sheer bravado of the minister betrays his tolerance for corruption which has turned our country to the shame that it is today. Woe betide a republic where those who have cornered the resources of the people would be purchasing injunctions like L.P.Os to prevent agencies with lawful power to arrest and prosecute from doing their job with the support of the Justice Minister. Afenifere calls on President Yar'Adua to remove Aondoakaa from the Justice Ministry with immediate effect. Failure to do this would confirm the speculation that the minister is only acting the script of the President whose election into office was allegedly financed with stolen funds by some ex-Governors who are among the next batch of alleged corrupt officials to be arraigned by the EFCC. If that impression is sustained then Nigerians would begin to think that the President is a servant dealer and not a "Servant Leader". 'Yinka Odumakin, National Publicity Secretary, Afenifere, Lagos Bye-bye-oh. I be una broda, JAGA-JAGA. Posted by JAGA-JAGA| 24.09.2007 10:27

peterclaver2006  Villager

# 4 With due respect, this looks like a tale told by an *****; full of sound and fury, signifying nothing. Posted by peterclaver2006| 24.09.2007 11:24

Sincere Brillow  Villager

# 5 The Rule of law means: The Fight against corruption by ribadu or anyother person must continue. The Dictates of the constituion as well as statutes must be obeyed ala rule of law The Attorney General must encourage & support war against corruption in spirit & in truth He must also ensure that everybody adhere to the rule of law. chikena. Posted by Sincere Brillow| 24.09.2007 12:05

Sapele Man  Villager

# 6 =JAGA-JAGA;20913042>Frisky, This is a balanced write up. Thanks for further elucidation on this corruption brohaha by UMYA's government. JAGA-JAGA. JAGA-JAGA, I am surprised that you somehow were able to make sense out of this muddled attempt to scribble something about (I think) the rule of law. He didn't pay you, did he? My sincerely apology to Frisky, if he thinks my review is too hash. Sometimes we just have to be honest with ourselves. No hard feeling, eh? Posted by Sapele Man| 24.09.2007 12:49

JAGA-JAGA  Villager

# 7 =Sapele Man;20913063>JAGA-JAGA, I am surprised that you somehow were able to make sense out of this muddled attempt to scribble something about (I think) the rule of law. He didn't pay you, did he? My sincerely apology to Frisky, if he thinks my review is too hash. Sometimes we just have to be honest with ourselves. No hard feeling, eh? Sapele Man, My Brother, Frisky no pay me kobo. I went through what he penned down, and believed that both ends of this drama called corruption war has it's short comings based on what has transpired so far. For me I'm for total war on those who compromised their positions whilst in office, whether they are in the good books of OBJ or not, let justice be done for the heavens will not fall. However, I do not subscribe to 'cash and carry rule of law' being parroted by the AGF, period. Bye-bye-oh. I be una broda, JAGA-JAGA. Posted by JAGA-JAGA| 24.09.2007 13:54

ikechukwu  Villager

# 8 On 20th of April 2007, we had an election in Nigeria. The election was an example of how not to hold election in a sane country. It was a total shame on the psyche of any Nigerian who has any worthy sense of humanity in him. Now, if we are to follow this article, which wants unconventional means of attaining a worthy goal, the losers by now should have formed a rebel group to fight the government, the losers should be sponsoring a daily revolt to make Nigeria ungovernable by insisting on the right thing and that is canceling the elections. Mind you EFCC played a crucial role in the manipulation of the nonsense called elections. Now, the losers who unfortunately in this scenario, believe in the rule of law which the article is not comfortable with have gone to court to challenge the outcome of the elections. They did not go the unconventional way to achieve their ‘worthy goal’. Yaradua with the governors that the article is happy with is having a comfortable abode in Aso rock because people who should make him uncomfortable believe in the rule of law, in effect he is enjoying the privilege it offers. So until the court rules otherwise, despite my total disapproval of him, he still remains the president of Nigeria. I don’t need to like that fact, infact it is not necessary my believing in it, he is the president, Not because of anything but the rule of law. The article wants corruption eliminated, just like I want the election cancelled because of fraud (which EFCC contributed in no small measure). However the decision to do that efectively without Jeopardizing the innial intention is not ours, it is firmly rested in another arm of government that we must learn to respect. We really need to build institutions no matter our misgivings, we need to follow the stated rules in our constitution and give credence to it. We have to make our system work in a way that we must respect it. Nigeria has to be ruled by laws not by opinions, because choosing the latter means anarchy. On this I stand. Cheers Posted by ikechukwu| 25.09.2007 04:16

Common Man  JJC

# 9 =ikechukwu;20913200>On 20th of April 2007, we had an election in Nigeria. The election was an example of how not to hold election in a sane country. It was a total shame on the psyche of any Nigerian who has any worthy sense of humanity in him. Now, if we are to follow this article, which wants unconventional means of attaining a worthy goal, the losers by now should have formed a rebel group to fight the government, the losers should be sponsoring a daily revolt to make Nigeria ungovernable by insisting on the right thing and that is canceling the elections. Mind you EFCC played a crucial role in the manipulation of the nonsense called elections. Now, the losers who unfortunately in this scenario, believe in the rule of law which the article is not comfortable with have gone to court to challenge the outcome of the elections. They did not go the unconventional way to achieve their ‘worthy goal’. Yaradua with the governors that the article is happy with is having a comfortable abode in Aso rock because people who should make him uncomfortable believe in the rule of law, in effect he is enjoying the privilege it offers. So until the court rules otherwise, despite my total disapproval of him, he still remains the president of Nigeria. I don’t need to like that fact, infact it is not necessary my believing in it, he is the president, Not because of anything but the rule of law. The article wants corruption eliminated, just like I want the election cancelled because of fraud (which EFCC contributed in no small measure). However the decision to do that efectively without Jeopardizing the innial intention is not ours, it is firmly rested in another arm of government that we must learn to respect. We really need to build institutions no matter our misgivings, we need to follow the stated rules in our constitution and give credence to it. We have to make our system work in a way that we must respect it. Nigeria has to be ruled by laws not by opinions, because choosing the latter means anarchy. On this I stand. Cheers ........ My applause for the views expressed above Mr. Ikechukwu. (or is it Igwe Ikechukwu) :smile: That is the essence of democracy. You either have it or you don't have it. Government should be of laws and not of men. Have a cloudless day. - common man - Posted by Common Man| 25.09.2007 07:31

JAGA-JAGA  Villager

# 10 Villagers the war of words over corruption continues. Please read the latest from Thisday newspaper of Tuesday 25 September 2007 beow: The disagreement between the office of the Attorney-General of the Federation (AGF) and the anti-graft agencies resonated yesterday in far-away New York, United State. Chairman of the Independent Corrupt Practices and other Related Offences Commission (ICPC), Justice Emmanuel Ayoola, said his agency and the Economic and Financial Crimes Commission (EFCC) were not parastatals of the Ministry of Justice. Justice Ayoola told a session on “Fighting Corruption” at the THISDAY Summit in New York that the question of who controls either the EFCC or the ICPC should not arise. He said the laws setting up the two bodies specifically stated that they should be independent. Ayoola said the anti-corruption bodies are subject to institutional controls which are provided by the laws setting them up. He noted that the fight against corruption requires the support of all Nigerians and that he believes that Nigerians should support all efforts aimed at eradicating corruption from our body polity. “I want to see Nigeria restored to the old country in which I grew up, I’m in a hurry to see that we eradicate corruption from Nigeria,” he said. In his own contribution at the session, EFCC Chairman, Mallam Nuhu Ribadu, said Section 37 of the law setting up the commission says it should make a periodic report to the National Assembly. He observed that he had repeatedly stated that the National Assembly makes the law while the EFCC implements it. On the issue of compliance with the rule of law, Ribadu said that “nobody can say we did not obey the rule of law. We have always emphasized the fact that nobody is above the law and that is a key component of the doctrine of the rule of law.” He further explained that the case involving EFCC and former Governor of Abia State, Chief Orji Uzor Kalu was being misinterpreted by people for mischievous reasons. His words: “A man went to court and got an ex parte order for two weeks after which he did nothing. We went to a Federal High Court, got an order to arrest and put him on trial. If you want to stop that trial, go before the Federal High Court and say the trial is illegal and that it should be stopped. We have not done anything outside the law. We have an order of a competent court.” Ribadu said some politicians have always manipulated the operation of the rule of law to protect only a few people who have appropriated the wealth that should have been used in the interest of the majority of the people. He further said the country has a transparent leadership which is very supportive of the anti-graft battle but that there are others who want to take advantage of the situation. He vowed that the EFCC will confront such people because “we have no option, the country must operate like the rest of the world.” The EFCC boss noted that leadership has always been the problem of Nigeria as ordinary citizens are hardworking, industrious and intelligent. He said all over the world, Nigerians are contributing positively to the development of the human race. Also participating in the session, Vice-President of the World Bank for Africa, Mrs Oby Ezekwesili said the nation is at a cross-road and corruption poses the greatest challenge to its development. See another report on ODILI vs EFCC Below; A Federal High Court, presided over by Mr Justice Ibrahim Buba, yesterday formally adjourned the case filed by immediate past Governor of Rivers State, Dr Peter Odili, against his arrest and prosecution by the Economic and Financial Crimes Commission(EFCC) to October 15. The adjournment was to enable Odili serve the Attorney-General of the Federation and other parties in the suit, which was transferred yesterday morning from court one, presided over by Justice Rosaline Nwodo, to court two where Buba presides. He had approached the court in an exparte application seeking a restraining order on EFCC from arresting and prosecuting him over his tenure as governor for eight years, starting 1999 to 2007. However, Nwodo, rather than grant the order exparte, asked him to put all the parties he was seeking the injunctive reliefs against on notice and for the case to be given accelerated hearing. Odili further prayed the court to order EFCC not to publish or disseminatereport of its investigation whose reliefs are to be heard and determined on their merits. The case, which was listed as No 54 on the course list, had to be written in biro, since it was not to be part of the cases earlier slated to be handled by the judge yesterday. No reason was given for the transfer of the case to a new judge. When the case was called, counsel to Odili, Mr Ifedayo Adedipe, SAN, announced appearance, though other parties did not and was told by the court to serve all necessary processes on the respondents, so that by October 15, the report on service would be made for the case to start on notice.When accosted by newsmen outside the court after thenew date, Adedipe (SAN) explained that the case wasadjourned on Friday off records to October 15 but hadto be formally adjourned yesterday.The adjournment of the case which coincided with thevisit of Economic and Financial Crimes CommissionChief Spokesman, Mr. Osita Nwaja to Port Harcourt ledto newsmen swarming their office to find out from himwhat the status of their interaction with Odili was.Nwaja whose response was non committal replied that ifOdili has taken them to court, “He is acting withinhis rights as prescribed in the Constitution”, addingthat he may not know what triggered the court action.Pressed further, he refused to say if they areinvestigating the former governor but merely stated,“It is trite that we have been making investigationand you cannot ask me if we are investigating him. Itis public knowledge that we are investigating someofficials both former and serving office holders”.In an apparent reference to attempts to stop theirmoves against some powerful people in society, Nwajahsaid that they were dealing with people who were verypowerful with media reach who sometimes paint them inbad light but reminded the newsmen that if the waragainst corruption was lost on the press front thenthere would be a big problem.He said that prior to the establishment of the EFCC;the fight against corruption was only left to thepress and admonished them not to let down their guardnow that they have seen a companion in the Commission.“Some of the people that are fighting against us arevery powerful and can do anything to protect theircorrupt interests. That is why we are saying that whenthey use their reach in the media to smear us contactus and hear our own side. Remember that we arefighting on the side of Nigerians”, he said.He described the looting of the country by some fewpowerful individuals as a fight to destroy the futureof our children and the collective interest ofNigerians, adding, “These powerful people can bulldozethrough other checks and barriers but when theybulldoze through the media, then everybody should kissNigeria bye”.The EFCC Spokesman said that the securing of 200convictions within the period of their existence wasthe highest record in the globe and attributed it totheir thorough investigation and prosecution.Asked to defend the allegations that they induceforeign agencies to hound some Nigerians, he said thatthe onus of innocence was on those making such claim,querying if it was possible for their Commission todictate for a foreign agency on what to do.In his speech, Head of Port Harcourt Operations, Mr.Hycenth Edozie implored media men to work in closecollaboration with them as they hold the ace toinforming the general public correctly on theiractivities.He promised to run an open door policy whereby hewould place information at the disposal of those thatwould make inquiry through the appropriate channels. All highlighted portions from Thisday Newspaper. Bye-bye-oh. I be una broda. JAGA-JAGA Posted by JAGA-JAGA| 25.09.2007 10:12

---

The conversation continues in our forum. Click here to read all comments

---