Yar’Adua came to power with a promise to promote the “rule of law” in the affairs of government. I immediately applauded him. It was delightful news to me, as I have always believed that the rule of law holds the key to Nigerian economic development. I don’t know if Yar’Adua is pursuing that goal because of the impact that policy thrust has on the Nigerian economic development. However, recent events (e.g. EFCC and AGF incident) make me think Yar’Adua is only using the term as a political gimmick.

Mr Yar’Adua should remove Mr. Michael Aondoakaa (SAN), the incompetent Attorney General of the Federation, from office if he wants Nigerians to take him seriously.

Over the past ten years, I have on many occasions sat down and rationalise a suitable business case on the most appropriate path to the Nigerian economic development. On each occasion, I appraised the various options using an aptly designed scorecard. The best option I got each time is a policy goal that promotes the rule of law as the most important component of corporate governance.

Many would wonder what exactly is the meaning of the “rule of law”, considering that some developed countries may have laws which other nations may find abhorrent? For example, many nations today find capital punishment or detention without trial within a reasonable length of time morally and legally unacceptable. Other nationals do not see anything wrong with capital punishment as long as it falls within the national law promulgated by the legislative arm of government.

One should acknowledge (or confess?) that the difficulty with the term “rule of law” is that it means different thing to different people, depending on their political ideology. In my earlier article, “Good Governance Will Transform Nigeria”, I wrote the following.

“The rule of law is the backbone of any civilised society. Nigeria requires a truly independent judiciary as well as an impartial and incorruptible police force. The rich and the poor are equal before the law. The legal system should recognise and protect the fundamental human rights of anyone living in Nigeria. Senior Nigeria government officials have over the years treated court judgements with contempt. Some refuse to attend court when summoned. With good governance government attitude towards court judgement is that of swift compliance and leading by example. Justice delayed is justice denied. The Nigerian institutions and processes should be responsive to the need of the people within a reasonable timeframe.”

I do not for one moment believe that the rule of law is an open-ended concept which is subject to permanent debate as some people would lead us to believe. It is not hard for me to accept that due to cultural and ideological differences there may be minor differences in the way different nationalities view this concept. These differences are not significant enough to warrant permanent debate on what constitutes rule of law in terms of governance.

The “rule of law” should be accorded the literal meaning in English. One has to accept that Law is not the same as morality nor is a democracy a necessary precondition for the rule of law. All it requires are an independent judiciary and secondly, an impartial and incorruptible police force.

The reference point in defining what constitutes the rule of law is the national constitution and case law. Therefore a government that pledges to uphold the rule of law is one that aspires to follow due process in the use of national resources and in pursuit of other matters affecting its citizens.

The executive arm of government should be seen as a referee trusted with the responsibility for managing the national economy in accordance with the rule of law. Each player in the economy (both public and private) will acknowledge the law governing their activities and be conversant with the penalty for not playing by the rule of law. This penalty will compel the executive arm of government (the referee) to conduct its affairs in accordance with the required due process.

When the citizenry is confident that the application of the rule of law by every player in the economy, including the executive arm of government (the referee) is without exception, then his or her economic potential is unleashed.

What many Nigerian politicians seen to fail to acknowledge is the important role that the rule of law plays in promoting value for money (economic value) in the allocation of resources. No nation can meet the challenges of today’s economic develop need unless it achieves optimum returns on its scare resources.

The promotion and application of the rule of law to the letter is a way of re-assuring the potential investors that the management of their investment would be within acceptable norms. It also reassures them that there is recourse for them should there be a need for them to take action against the managers of their investment. At present in Nigeria, you have to be powerful to be able to take a successful legal action against an eminent personality.

Corruption is a by-product of the absence of the rule of law. For example, appointed contractors responsible for roads and building projects in Nigeria are not necessarily the best the nation can provide. But they are still able to secure contracts year-on-year in spite of their poor value for money performance.

Political office holders in Nigeria see their role as an opportunity to embezzle as much public money as possible. When evidence of their misdeeds becomes public knowledge those that are supposed to prosecute them in accordance with the rule of law appear powerless to do so. They make every effort to hang on to office and take revenge on those who revealed their misdeeds. Many Nigerians who resisted them have been shot dead in mysterious circumstances.

I read with amusement the news that some eminent Nigerians are paying Mrs Patricia Etteh, the speaker of the House of Representatives, solidarity visits and that PDP is rallying support for her. For those who do not know, Mrs Etteh is under investigation for the renovation of her residence that she awarded without due process. How can that happen under a government that proclaim the rule of law as the cardinal point of her policy? It confirms my suspension about the integrity and credibility of some Nigerian political leaders.

Similarly, the Attorney General of the Federation granted an audience to ex-governors who were being investigated by EFCC and who were to face a possible fraud charges. Given the circumstances of the time why would any attorney general consider it necessary to do that? That could never have happened in any decent society. That singular act of the AGF was designed to compromise the activities of EFCC. Anywhere else in the world he would have been forced to resign. But in Nigeria, he would get an award for excellence!

Nigeria has for years suffered at the hands of contractors who have colluded with public office holders to either abandon projects or do shoddy work with impunity. Scarce resources have been wasted because contracts have been over inflated.

Companies cannot do business in Nigeria without having to bribe someone. Many reputable international companies that would have assisted in the required rapid economic development have turned their back on Nigeria, preferring instead to set up offices in neighbouring West African countries.

For years Nigerians have not been allowed to have access to the best goods and services available. Those individuals and companies that have integrity and are only prepared to provide the best are not likely to compromise themselves. That may explain why many talented Nigerians are residing abroad and are not eager to return home.

The thorough application of the rule of law is the beginning of a new dawn in Nigeria. Obviously Nigeria is going through a phase from which it will eventually emerge like other countries have done. I am not disillusioned.

Nosa Olotu, UK

Robot  Villager

# 1 Yar’Adua came to power with a promise to promote...Read the full article. Posted by Robot| 17.09.2007 18:53

Ochi Dabari  Villager

# 2 Nosa, Like you, I was a bit confused by this adherence to the rule of law by all means possible, even when it is clear that Nigerian rulers never live by the rule of law but by rule of impunity. However, I think we are reacting wrongly to the current posture of the Minister and the govt b/c we are fed up with events of the past. We are so fed up that most of us would have no qualms in shooting or knifing some of the people that call themselves Nigerian rulers, now or in the recent past. Unfortunately, that would be knee-jerk reaction and jungle justice. If we had our ways then simply there will be no rule of law, and we know how that has been the bane of the Nigerian society. People are locked at police stations for months (or even forgotten) for civil cases that should have gone directly to court. This is done to debtors, to people who dispute land, and several other inter-personal squabbles. Owing a debt, for example, is most of the time not a criminal case but a civil case which should be directly dealt with by the court but not in Nigeria. The rich man will simply send the police after the debtor, to teach him/her a lesson. Nosa, I am also a bit frustrated as to how we can go about rectifying the situation in Nigeria. Many of us would want to be at home, not b/c we are dis-satisfied with life overseas, but b/c that is where we belong, and we are only wasting our lives developing someone else's land. Rather than castigate the Minister of Justice, to whom I do not owe any allegiance, let's insist on them actually practising this new love of the rule of law. We should insist that the EFCC and ICPC (?) be fully empowered to go after the corrupt of the land, including men like Obasanjo and Anenih, who embezzled billions of dollars for roads and power that we do not see. Ribadu is a brave man. However, he was clearly being used by Obasanjo to fight the latter's political wars. The EFCC had become so bogged down with selective justice that I began to doubt if they would achieve anything. And I dare say that in spite of their many breakthroughs, Nigeria became more, rather than less corrupt under Obasanjo. The EFCC, and any agency for that matter, should be re-directed to be more effective under the rule of law. Trying to effect a change through any other means will not get us anywhere, as we are already seeing with the rising level of corruption. I know that it is going to be difficult to implement a lot of things under the ambit of the rule of law but two wrongs do not make a right. Virtually all the governors that were impeached under the directives of Obasanjo had serious cases to answer but b/c of the way in which they were selectively dealt with, some of them received sympathy. A man like Kalu did not start stealing only after he became Governor. He went into full-time 419 immediately after his rustication from UniMaid. He should actually be asked to prove how he made his billions. Ditto for Uba, Obasanjo's shoe boy, IBB (the drug baron), and a host of other "successful" billionaires in Nigeria today. ochi Posted by Ochi Dabari| 18.09.2007 03:26

RAYNOSA  Villager

# 3 What i don't understand, IS THE RULE OF LAW IN NIGERIA ONLY APPLICABLE TO CORRUPT GOVERNMENT OFFICIALS. why is the AGF so passionate about OUK case i am very sure there are so many innocent NIGERIANS held in detention without trial. It seems there was a particular clique of PDP members that wanted the AGF appointed for this sole purpose of defending OUK & CO.If not why HIM, does it mean of all lawyers or judges in NIGERIA he micheal adoonka or whatever his name is, is the most qualified. I sincerely smell a rat the President & co are taking us NIGERIANS for a ride. Posted by RAYNOSA| 18.09.2007 07:25

JAGA-JAGA  Villager

# 4 =Robot;2090329>Yar’Adua came to power with a promise to promote...Read the full article. Similarly, the Attorney General of the Federation granted an audience to ex-governors who were being investigated by EFCC and who were to face a possible fraud charges. Given the circumstances of the time why would any attorney general consider it necessary to do that? That could never have happened in any decent society. That singular act of the AGF was designed to compromise the activities of EFCC. Anywhere else in the world he would have been forced to resign. But in Nigeria, he would get an award for excellence! The Yaradua's Government is a Fraud foisted upon Nigerians by OBJ and PDP. Like every fraudulent system, it will end same way as it came. You can't plant apple and expect to reap orange. It never happens by natural law. The earlier Nigerian's disabuse their mind on the high expectations from Yaradua the better. Coming to the highlighted part of the above, the America representative at the UN, during Jimmy Carter's tenure, Andrew Young resigned from office for attending secrete meeting with the PLO, but our AGF attended this meeting in the open! This is Nigeria and it may never happen for the AGF to resign unless Yaradua sacks him which I very much doubt since he is fulfilling a mission for the wealthy, corrupt and powerful in our society. For now Yaradua, cannot claim ignorance of the AGF's actions. I dare say that until his mission to free all those corrupt politicians who contributed to Yaradua's campaign funds and manipulated the electoral results in his favour is accomplished, the AGF, won't move an inch. Bye-bye-oh. I be una broda, JAGA-JAGA Posted by JAGA-JAGA| 18.09.2007 11:13

Enforcer  Villager

# 5 =JAGA-JAGA;2090560> The Yaradua's Government is a Fraud foisted upon Nigerians by OBJ and PDP. Like every fraudulent system, it will end same way as it came. You can't plant apple and expect to reap orange. It never happens by natural law. The earlier Nigerian's disabuse their mind on the high expectations from Yaradua the better. Coming to the highlighted part of the above, the America representative at the UN, during Jimmy Carter's tenure, Andrew Young resigned from office for attending secrete meeting with the PLO, but our AGF attended this meeting in the open! This is Nigeria and it may never happen for the AGF to resign unless Yaradua sacks him which I very much doubt since he is fulfilling a mission for the wealthy, corrupt and powerful in our society. For now Yaradua, cannot claim ignorance of the AGF's actions. I dare say that until his mission to free all those corrupt politicians who contributed to Yaradua's campaign funds and manipulated the electoral results in his favour is accomplished, the AGF, won't move an inch. Bye-bye-oh. I be una broda, JAGA-JAGA JAGA-JAGA, Remember this saying: "people get the type of leadership they deserve." That explains the Nigerian situation. The Nigerian Bar Association (NBA) and the Judiciary appear to have failed to the take much needed lead in the fight to rescue Nigeria from these fraudsters. I was appalled to read the comment credited to the president of the NBA. Posted by Enforcer| 18.09.2007 13:19

JAGA-JAGA  Villager

# 6 =Enforcer;2090610>JAGA-JAGA, Remember this saying: "people get the type of leadership they deserve." That explains the Nigerian situation. The Nigerian Bar Association (NBA) and the Judiciary appear to have failed to the take much needed lead in the fight to rescue Nigeria from these fraudsters. I was appalled to read the comment credited to the president of the NBA. Enforcer, You are right. However, on the highlighted part above, I believe it is not the entire NBA that is doing this macabre dance. It's the NBA leadership and I believe the rest honourable members of that association would do the right thing very soon. We are still watch.:sad: Bye-bye-oh. I be una broda, JAGA-JAGA Posted by JAGA-JAGA| 18.09.2007 14:41

Sapele Man  Villager

# 7 =JAGA-JAGA;2090641>Enforcer, You are right. However, on the highlighted part above, I believe it is not the entire NBA that is doing this macabre dance. It's the NBA leadership and I believe the rest honourable members of that association would do the right thing very soon. We are still watch.:sad: Bye-bye-oh. I be una broda, JAGA-JAGA JAGA-JAGA, I can see the point you are making, except that I don't agree. Most Nigerian lawyers are crap. If most all crap then it is fair to say they all crap......deductive reasoning! I agree with you on everything else. Posted by Sapele Man| 19.09.2007 11:44

Enforcer  Villager

# 8 =Sapele Man;2090947>JAGA-JAGA, I can see the point you are making, except that I don't agree. Most Nigerian lawyers are crap. If most all crap then it is fair to say they all crap......deductive reasoning! I agree with you on everything else. Sapele Man, Are you sure about the part I have highlighted? So If I agree with you then I can say the following: "Most contributors in this NVS, including Sapele Man, Auspicious, Son of the Delta, JAGA-JAGA, Abraxas, Anon, Jah Guda, Big-K, katampe, tonsoyo, Milky Jaga, argue too much. If most argue a lot, it is fair to say that all NVS commentators are argumentators.......deductive reasoning!" Does this help you to see your remark differently? I can do no more! Posted by Enforcer| 20.09.2007 13:34

Sapele Man  Villager

# 9 =Enforcer;2091367>Sapele Man, Are you sure about the part I have highlighted? So If I agree with you then I can say the following: "Most contributors in this NVS, including Sapele Man, Auspicious, Son of the Delta, JAGA-JAGA, Abraxas, Anon, Jah Guda, Big-K, katampe, tonsoyo, Milky Jaga, argue too much. If most argue a lot, it is fair to say that all NVS commentators are argumentators.......deductive reasoning!" Does this help you to see your remark differently? I can do no more! Enforcer, No! The people you have listed are honourable people who have devoted their time and energy to the uplift of their people and country. They aim to achieve this noble objectives through discuss, winning souls and minds and ultimately achieve their goals. Where there is politics there is debate. Some people classify debate as argument. That doesn't necessarily make it a bad thing. If you say that someone is argumentative in a political sense is a credit because you are acknowledging their capacity to deliver their message. All I have said above presume that I understand their motives. Posted by Sapele Man| 21.09.2007 02:39

Enforcer  Villager

# 10 =Sapele Man;2091554>Enforcer, No! The people you have listed are honourable people who have devoted their time and energy to the uplift of their people and country. They aim to achieve this noble objectives through discuss, winning souls and minds and ultimately achieve their goals. Where there is politics there is debate. Some people classify debate as argument. That doesn't necessarily make it a bad thing. If you say that someone is argumentative in a political sense is a credit because you are acknowledging their capacity to deliver their message. All I have said above presume that I understand their motives. Sapele Man. That is fine. I will take it that all you "have said above presume that" you understand the Nigerian lawyers' motives, which explains why you are able to judge them. Posted by Enforcer| 22.09.2007 04:36

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