The operational logic inherent in the politics of the “Rule of law” in today’s Nigeria is one that poses an interesting analogy to Bob Marley’s musical philosophy. “When it hits you feel no pain!” The central thematic inclination underscoring the fun and ecstatic impact of music as was intended in this message is comparable to the hypnotic impact on the consumers, of the cleverly coined principle of due process in the delivery of justice. In fact, there is this general belief in Nigeria that the rat also bites and the victim feels no pain.

Most outrageous in the entire debate so far is indeed, not the fact of the emergence of this sexed up and cheaply popularized slogan of the rule of law. No. It is the desperation of its proponents and protagonists in groping all round for facts and arguments to hold on to and seek the credit that they conspicuously deny their own adversaries.

Before straying too far in the dawn of this analogy, it may make some sense to question the rationality behind the urgency and ‘sexing up’ in the advancement of this central governmental program in the midst of dire strains and distressing infrastructural disposition. Not “Green Revolution”. Not “Operation Feed the Nation”. No “Four Cardinal Program”. No “Operation Fix the Roads”. No state of emergency on the dire state of power and water supply. No. The present government has gained prominence since coming to power, for a very flimsy project that has little or absolutely, no impact on the life of the common man.

When today, amateur commentators that I prefer to ignore come up to pronounce that Nigeria had eight years of wasted governance under the rule of ex-President Obasanjo, they were not blind to the milestone achievements of the ex-General on the economic front. They are largely appalled by the conspicuous shortage of progress in infrastructural advancement.

If a succeeding government with the self-proclaimed mission of correcting the evils of the past now wakes up to a priority in reshaping the rule of law with the collateral consequence of drawing down the urgency of other pressing problems, then the question becomes legitimate, if this is a deliberate smokescreen to divert attention from the real issue.

Even more annoying, is not simply the vehemence and die-hard commitment with which the move is being advanced before the eyes of onlookers in broad daylight. No. It is the beneficiary of this project that is truly infuriating to a measure that would hitherto have been given credence as a drive towards sanity.

Worse still, the instrument of execution of the rule of law project has always left several credibility questions flatly unanswered. The man Aondoakaa has been reported to have defended several corrupt politicians in court that Mr. Nuhu Ribadu sought to put behind bars. In some cases, Aondoakaa is reported to be a personal friend of such corruption suspects. Even the President is reportedly receiving Orji Uzor Kalu as a guest of honor in Aso Rock before the eyes of reporters whilst he stands accused of corruption before the court of law. Ibori was reportedly frustrated from seeing the President during a visit to Aso Rock for tactical reasons. While the obnoxious trade by barter behind the scene in swapping political offices for political favor obviously stamped the man Aondoakaa on President Yar’Adua for the office of Attorney-General, it is outright legitimate to wonder aloud if President Yar’Adua promised the dismissal or containment of Nuhu Ribadu in return.

While Nuhu Ribadu remained as the negative target of the drive to enforce the rule of law, corrupt politicians stand on the positive side of the divide as beneficiaries.

Someone asked me the other day, where the proof of corruption lies against such politicians.

I had no answer. I wept quietly and cried blood within me, for this feast of foolishness feeding the ego of overblown assessment. If Nigeria were Great Britain, the quest for proof and solid proof would be a sine qua non to the drafting of the very first alphabet in judicial indictment. If Nigeria were the United States of America, no doubt, the police officer daring one step in the direction of an accused would be sure of judicial safeguards in his favor before he too becomes the accused in the riddle of accusations. While Great Britain went through quiescence and constructive turbulence in the consolidation of its democracy, the Americans needed a cleansing revolution. In none of these countries would the hobby of running public treasury dry be made so rampant as it is in Nigeria. There is always some calm before every storm.

Legal systems do define bases for the modus operandi of the entire process. I know of systems in which the onus of proof (of innocence) rests on the accused. In some cases, the accuser is bound to provide proof of guilt to advance a case.

Given the truth of how Nigeria has now deteriorated into a single playground for sophisticated Poli-Thief-Cians who have now devised several clever ways of circumventing the law to protect their stolen wealth, it will no doubt, be a mammoth task for any investigating agency to hunt for proof. A serious-minded and well-meaning politician in an environment as sour and charged as ours with the avowed intention of wiping out corruption from the system and making a scapegoat of corrupt officers surely has several instruments at his disposal. One major element that such instruments would prominently exclude, would definitely be any measure, from which corruption suspects may stand to benefit.

It is not unimaginable to put a system in place, with the exceptional regulation that the onus of proof should now rest on corruption suspects, particularly politicians and even have this entrenched in the constitution. That is what legislation is all about. Woe would then betide any quarter that may seek re-election in the future, who dares attempt any move to frustrate the passing of such legislation. Even if the EFCC went ahead to grab all past 36 governors and asked them to furnish proof of innocence from corruption, the system would still end up setting the innocent free. But what is the government doing? Preaching the rule of law and weakening the only functioning agency to the applause of the most prominent suspects.

In an atmosphere, in which politicians turned millionaires and some even billionaires in a spate of eight or some four years, stupidity can hardly be surpassed in the mindset of any compatriot who summons the courage to ask for the proof of guilt. It is indeed, the proof of innocence that should be sought.

Some compatriots once cried loud that they would have sought political refuge in Ghana if one or two things did not change in the Nigerian political system within the past few months. No matter how cynical such comments were meant to be, they underscored the neo-political status of the land Ghana. This neighboring country has evolved to a state of political, judicial and legislative stability over the past years. Not through the rule of law. In an environment where thieves have become wholly unorthodox and sophisticated in style and impacts, the drive is simply towards a climax bearing the volcanic consequence of brutal eruption. Ghana erupted in Rawlings and there was calm thereafter. Today, the country sails in far calmer waters. There was no Aondoakaa to seek the rule of law.

We seem to pretend to be such a stable democracy that has taken centuries to grow that we bask in the heretic fallacy that we should build the castle of due process and the rule of law on a foundation of sand in self-proclaimed altruism.

Having being subjected to mounting domestic pressure and disparaging assessments from Great Britain, the government of President Yar’Adua has been seeking some rejuvenating lifeline of late, to give him a much needed political booster. On the verge of his latest visit to the United States, U.S. Senator Russ Feingold, who takes personal interest in our domestic occurrences wrote the followings to President Bush: “In fact, in their annual global corruption survey released last week, Transparency International revealed that Nigeria currently has one of the highest levels of petty bribery in the world. It is essential that Yar'Adua allow anti-corruption institutions to move forward ... It is equally essential that President Yar'Adua ensure ongoing investigations are not undermined by current members of his own administration.”

Guess what! The issue of corruption and the adverse role of the President’s government and his so-called rule of law was promptly added to the agenda of his talks with the American President. I have no doubt that the President was aware of the agenda of his one-on-one discussions with Mr. Bush in advance.

However, James Ibori was promptly arrested one day in advance of the President’s trip. Immediately thereafter, I heard echoes in the Nigerian community chanting praises to Lord Aondoakaa that his rule of law and due process, was beginning to yield fruits. Cry the beloved country!

They preached my ears full to the brim wanting me to give credit where credit was supposedly due. They chant me down, when I tried to state my facts. But they on their own, would never give credit where credit is due. They would deny any Obasanjoic achievement simply because the man himself had no clean hands. Now they want me to praise Aondoakaa for being voluble and clandestine in his clever advancement of falsehood. If anything, the arrest of James Ibori hails the dawn of frustration and temporary disarray in the President’s camp, for which a new strategy will soon be devised. It remains to be seen however, if Ibori’s trial will not end up in a Kangaroo court with some circus show of sort!

It is, in fact, not unimaginable that the man Aondoakaa may be sacrificed on the long run when the futile fight runs out of steam and becomes visibly unbearable.

When music hits, you feel no pain. Under normal circumstances. But Aondoakaa’s music simply hits too hard where it hurts most and it hurts the masses. The price will be paid. Sooner or later! 

Robot  Villager

# 1 var sbtitle3640=encodeURIComponent(The intelle...Read the full article. Posted by Robot| 19.12.2007 17:21

NWANZA  Villager

# 2 Even if the EFCC went ahead to grab all past 36 governors and asked them to furnish proof of innocence from corruption, the system would still end up setting the innocent free. But what is the government doing? Preaching the rule of law and weakening the only functioning agency to the applause of the most prominent suspects. In an atmosphere, in which politicians turned millionaires and some even billionaires in a spate of eight or some four years, stupidity can hardly be surpassed in the mindset of any compatriot who summons the courage to ask for the proof of guilt. It is indeed, the proof of innocence that should be sought. I sounds to me that you get yourself into debates and arguments on a regular basis going by what's written. Please, do not make it a habit in pressing your point when the constitution of Nigeria is clear about our legal system. It is the fall back reference for the inquire mind. Of course most people will like EFCC to round up all 36 ex-governors and lock them up in a maximum-security prison, then throw away the key. General Buhari did it to the applause of the uneducated, and cleared a few over time. It is repulsive to want that action repeated. Obasanjo committed impeachable offenses by his actions & conduct regarding states like Plateau, Anambra, Baleysa, Ekiti, and Oyo. It was a gross abuse of the constitution of Nigeria. The masses were impresses about the achievement, even though it was against the rule of law. It is ignorant to even suggest for Nigerians to admit guilt until proven innocent. It is equivalent to prepare food, put the chair on top of the table, and crawl under the table to eat. Regression is what you are calling for, and "Progression" is what the rule of law connotes. Obasanjo did not help anyone by allowing Sharia courts to germinate in a Democracy, and it should never have been so. It only erodes the progress made in the North, and outsiders see it as a political mechanization of the poor. Posted by NWANZA| 19.12.2007 22:04

Frisky Larr  Villager

# 3 I sounds to me that you get yourself into debates and arguments on a regular basis going by what's written. Please, do not make it a habit in pressing your point... - Nwanza Nwanza, Thanks a lot sir, for your contributions to my threads so far. Divergent positions are indeed, the food of liviliness in any civilized debate. Do be kind enough though to avoid personalized comments like the one above and make your point straight away. This is not a personal confrontation or a battle of wits. I simply do not share your views and that is it! The state of corruption in our country has reached such an alarming situation that there was almost nothing like statehood in terms of governance anymore. Governance simply meant running the treasury dry including borrowed funds. Any serious cleansing process should preclude a state of emergency on this field. Any public office holder that is accused of stealing government property should under such circumstances, simply be incarcerated untill proof of innocence. Of course, this should follow preliminary investigations by the responsible agency to provide any sense of credibility in such public accusations. The technicalities of such a process are always worked out in legislation. The state of corruption in Nigeria cannot be fought with simple cosmetic actions for the gallery sir. THis is simply where I differ irreconcilably from you. Cheers! Posted by Frisky Larr| 20.12.2007 11:40

NWANZA  Villager

# 4 =Frisky Larr;4294974240> Nwanza, Thanks a lot sir, for your contributions to my threads so far. Divergent positions are indeed, the food of liviliness in any civilized debate. Do be kind enough though to avoid personalized comments like the one above and make your point straight away. This is not a personal confrontation or a battle of wits. I simply do not share your views and that is it! The state of corruption in our country has reached such an alarming situation that there was almost nothing like statehood in terms of governance anymore. Governance simply meant running the treasury dry including borrowed funds. Any serious cleansing process should preclude a state of emergency on this field. Any public office holder that is accused of stealing government property should under such circumstances, simply be incarcerated untill proof of innocence. Of course, this should follow preliminary investigations by the responsible agency to provide any sense of credibility in such public accusations. T he technicalities of such a process are always worked out in legislation. The state of corruption in Nigeria cannot be fought with simple cosmetic actions for the gallery sir. THis is simply where I differ irreconcilably from you...Cheers! Please give rule of law a chance to take root in our system, an see that it really is more effective than military invasions and state of emergency used by Obasanjo. The whole world has finally heard the cry of Africans concerning the lack of leadership, and there are forces that want to stop the trend before real calamity hits. Getting back on the rule of law, you will discover that financial crime will not be fought on the pages of newspapers, but in the courts. Evidence is collected and weighted against hearsay. When there is no reasonable doubt the stealing of government funds occurred, the perpetrators are sentenced according to the maximum allowable by law. The money will go back to the federal, state, ministry, business, or wherever it came from. The fact that perpetrators have the opportunity to legally defend themselves, the process will be complete with incarceration or acquittal. It may take time, and there may be some sort of plea bargaining, but that is our system. Anything short of this "rule of law" will not earn Nigeria any points at the UN, where we are trying to earn a sit in the committee of nation. Africa as a whole has been yawning to become a voting member in various areas. We cannot do business as usual my friend, and Aondokaasin is not the problem. Posted by NWANZA| 20.12.2007 16:16

Frisky Larr  Villager

# 5 Thanks a lot sir! We are obviously approaching the same issue from different perspectives. When the beneficiaries of a corrective measure become the destroyers of the system that is billed for correction then something is fundamentally wrong with the measure. It is either not thought-through or it is deliberately misleading sir. My vision is not a violation of the rule of law. The issue of corruption is one that now requires unorthodox solutions. There are legal systems in this world, which require proof of innocence not proof of guilt. Ours requires the proof of guilt by the prosecuting instance. If we seek to declare a state of emergency on corruption (which is long overdue), then legislation should be introduced quickly (with all technicalities regulated) requiring the proof of innocence as a fundamental clause (and for all I care) for a limited period of say 10 to 20 years! This is no violation of the rule of law sir! God bless! Posted by Frisky Larr| 20.12.2007 18:28

Onari  Villager

# 6 When today, amateur commentators that I prefer to ignore come up to pronounce that Nigeria had eight years of wasted governance under the rule of ex-President Obasanjo, they were not blind to the milestone achievements of the ex-General on the economic front. They are largely appalled by the conspicuous shortage of progress in infrastructural advancement. Frisky, The intellectual bankruptcy of Aondoakaaism...this totally I agree with you is the right word to use for the Nigerian AG. I also like the fact that you always bring up issues that became debatable and ordinarily as Nigerians we all have vested interest, that I will say thank you because it has brought out a lot of useful discussion in this Nigeria Village Square...that I give you credit. How ever I have to disagree with you totally calling fellow villagers the names that suit you....In one article is pseudo -Intellectual, now it is amateur commentators...my brother please can you try and give way to intellectual discuss as you profess by not calling names even you if are called one...two wrongs can not make a right. Coming back to the quote from you above, I disagree with you that OBJ achieved substantially in the economic front. I am not an economist but my elementary economics give some very good measuring parameter for economic growth: 1. Economical developmental index of Nigeria can not be measured in figures marshaled out by CBN, World Bank, 1 percent of the Nigeria population who become super rich or other financial institutions. I believe the economic development index of Nigeria for now should be measured in people on the main street of Nigeria. How has their situations improved in the past eight years of OBJ's presidency? That to me is the important question here. What is the increase in export compared to import to Nigeria. What is the employment increase rate in OBJs presidency? (I know OBJ said hoarding of Phone card is employment) What is the increase in industries? The questions keep going on and on. 2. On OBJ's watch most of the Government companies become moribund....mention it Power Holding PLC (NEPA), Nitel (all other companies licensed with Nitel made profit in 6 mths), Refinery, Steel mills...please fellow villagers who know help name more. 3. On OBJ's watch Nigeria has the highest number of unemployment. 4. On OBJ's watch, private driven factories (like textile industry) close their doors. 5. On OBJ's watch we have the highest income accrue to the country...what did he use the money for? 6. On the erroneous banking reform, it ended up creating confusion, unemployment and keeping the peoples money in the hands of few cabals. 7. I agree with you that the AG is living in a fools paradise, however I still believe that in a country where there is no rule of law and corruption so pervasive, then the country is doomed no matter the very sound economic policies the government may propound...this was the albatross of OBJ's presidency and the caustic truth is that this will also remain the 80 pound gorilla that will impede the Yaradua presidency if not addressed urgently. Frisky, Honestly,I will like you to educate fellow villagers and mention the economic growth of the OBJ's Presidency. Thank you! Posted by Onari| 20.12.2007 19:50

Onari  Villager

# 7 =NWANZA;4294974344>Please give rule of law a chance to take root in our system, an see that it really is more effective than military invasions and state of emergency used by Obasanjo. The whole world has finally heard the cry of Africans concerning the lack of leadership, and there are forces that want to stop the trend before real calamity hits. Getting back on the rule of law, you will discover that financial crime will not be fought on the pages of newspapers, but in the courts. Evidence is collected and weighted against hearsay. When there is no reasonable doubt the stealing of government funds occurred, the perpetrators are sentenced according to the maximum allowable by law. The money will go back to the federal, state, ministry, business, or wherever it came from. The fact that perpetrators have the opportunity to legally defend themselves, the process will be complete with incarceration or acquittal. It may take time, and there may be some sort of plea bargaining, but that is our system. Anything short of this "rule of law" will not earn Nigeria any points at the UN, where we are trying to earn a sit in the committee of nation. Africa as a whole has been yawning to become a voting member in various areas. We cannot do business as usual my friend, and Aondokaasin is not the problem. My brother, I totally agree with and that is the right thing to do in our situation. I believe one thing here OBJ helped in rubbishing and totally disobeying our laws hence encouraging criminality. However, it is important that Yaradua if he is serious should relieve the AG of his post before it is too late. As far as the present AG, he is just an implant on the regime by Oligarchy to do a Hackman job for the Cabals who have stole Nigeria dry. Posted by Onari| 21.12.2007 02:50

Mikky jaga  Villager

# 8 Frisky, How I wish you would discuss Aondoakaa without bringing OBJ into it. Aondoakaa came long after OBJ had gone, so what is the link except that you must bash some anti OBJ people on this site. Well, good luck to you. You claimed OBJ succeeded on economic policies while he failed on infrastructure development. How I wish the reverse were the case. I mean why succeed in some intangibles when your failure is there in real life for all to see. All the billions realized from the sale of our National assets are more than the National income of Ghana or Cote d'ivoire, but you cannot compare the level of infrastructural developments in those coutries with that of Nigeria. A man that sold his father's house will be asked what he did with it. Yes, the money may have be embezzled, but who is the Chief embezzler? The man that came to power bankrupt and within eight years became a multi billionaire. Yes! He should be thrown to jail first, or be presumed guilty until he proves his innocence before we can talk of "lesser" criminals like Ibori or Alams. Changing the constitution is good, but of what use will it be to the ones that stole these past 8 years unless we commit another evil by making the law retroactive. If by Aondoakaaism you mean, according to what the law says and not what you want it to say, then I am for it. When the law is changed, Aondoakaaism will still be relevant while those who love the rule of impunity will still be shouting that they cannot exist until the law is changed over and over again. Posted by Mikky jaga| 21.12.2007 08:56

NWANZA  Villager

# 9 =Mikky jaga;4294974517>Frisky, How I wish you would discuss Aondoakaa without bringing OBJ into it. Aondoakaa came long after OBJ had gone, so what is the link except that you must bash some anti OBJ people on this site. Well, good luck to you. You claimed OBJ succeeded on economic policies while he failed on infrastructure development. How I wish the reverse were the case. I mean why succeed in some intangibles when your failure is there in real life for all to see. All the billions realized from the sale of our National assets are more than the National income of Ghana or Cote d'ivoire, but you cannot compare the level of infrastructural developments in those coutries with that of Nigeria. A man that sold his father's house will be asked what he did with it. Yes, the money may have be embezzled, but who is the Chief embezzler? The man that came to power bankrupt and within eight years became a multi billionaire. Yes! He should be thrown to jail first, or be presumed guilty until he proves his innocence before we can talk of "lesser" criminals like Ibori or Alams. Changing the constitution is good, but of what use will it be to the ones that stole these past 8 years unless we commit another evil by making the law retroactive. If by Aondoakaaism you mean, according to what the law says and not what you want it to say, then I am for it. When the law is changed, Aondoakaaism will still be relevant while those who love the rule of impunity will still be shouting that they cannot exist until the law is changed over and over again. The only way we can expose these treasury looters and embezzlers is by allowing the rule of law to slowly catch up on the past regime. The Wilbros & Siemens probe will give us insight about the inner workings of our government. It has been be speculated that to get any contract in Nigeria, one must grease the hands of the big wigs. The Iyabo Obasanjo scandal will also expose how families are tied into the scheme of things. How someone without any inkling about NEPA can get Billion$ contract because she is the daughter of Obasanjo. EFCC should probe all Nigerian companies that were formed from 1999 to date, and find out who are under those fictitious businesses, and how they got seed money. Furthermore, they need to tell Nigeria is contract awarded to these companies went through transparent processes, where competence to deliver were key factors. Democracy and rule of law will expose these evil over the years, unless the cabal decides to do another military hatchet coupe, which I doubt will succeed. Nigeria should defend this democracy because the evils of the paste government will begin to come to the fore. We are going to continue to hear and talk about OBJ three or four years from now. Posted by NWANZA| 21.12.2007 11:55