Ribadu, No Condition is Permanent

I am trying to situate myself within the plush residential accommodation in NIPSS Kuru, Jos where the ex- Assistant Inspector General of Police and ex-EFCC Chair may be residing. I am wondering how Mallam Nuhu Ribadu might be responding to his prolonged public humiliation cumulating in his demotion to the rank of Assistant Commissioner of Police. An option might be to assume a reflective mode of stoic silence or an activist mode of contemplating the next cause of action. Whatever the results of his meditation and thinking, the Mallam must surely realise by now that one of the perils of high and low office is that as President Nnamdi Azikiwe once said, "No condition is permanent"

The Mallam once, the central protagonist in Nigeria's ‘fight' against corruption is now being laid bare through the instruments used by those in the citadel of power. His treatment proves that truth threatens power, and power threatens truth.

For one moment, I seek some indulgence to allow me to locate this man, Ribadu within the briefest of the historical to give a proper perspective of the issues I intend to raise today.  I draw heavily from Musa Simon Reef of the Daily' Trust's account of 30th December 2007:

"When he was appointed in 2003 to head the EFCC, Ribadu was only a Chief Superintendent of Police and served briefly as assistant and deputy commissioner of police. His appointment marked the beginning of a committed battle against corruption that has eaten too deep into the fabric of the nation. Under the Obasanjo regime, Ribadu's EFCC was most feared among those described as enemies of the Obasanjo administration.

….. Not done with the feat achieve in the Plateau, Ribadu moved to Bayelsa state where former Governor Diepreye Alamieyeseigha was finally routed out of office and arraigned before the courts on accounts of corrupt enrichment. The allegation then was that then President Obasanjo was using the EFCC to deal with his enemies. Others alleged that plots were being hatched to pursue an aggressive campaign of selective prosecution.

Retired Major-General Muhammadu Buhari, though an opposition leader, rose in defence of Ribadu, insisting that the man was doing an excellent job. The former head of state praised the courage of the EFCC boss and expressed hope that if the commission was allowed to do its job the way it should, ………..."

If Ribadu is as astute as is sometimes suggested it must have been clear to him when he started out on the honesty ‘crusade' with the backing of the then President Obasanjo that his very ‘effrontery' and courage in and at confronting power, threatened the status quo of powerful interests, (people of varied backgrounds and vile and dishonourable means linked by power, greed and other attributes of the criminal tendencies), that from this would flow repercussions as soon as his political cover departed.

Perhaps Ribadu may take some consolation that the demotion to Deputy Commissioner of Police is nothing personal, but a cowardly attack on General Olusegun Obasanjo. For it appears by design that those who lack the courage of calling the General to account via a frontal assault are now pursuing his appointees and surrogates left, right and centre.  

This article is informed and based around Nuhu Ribadu's reported demotion of today, carried out in a fashion that could be ‘legally' questionable and fraught with challenges. For it appears a Pandora box of special promotions ranging from the 1960s of Generals, Professors, Permanent Secretaries etc is about to be opened,  because, I guess the strict letter of the law was not followed. It is widely thought that a General of northern extraction, now deceased never passed staff college, we should safely assume that post humously he will be demoted to Lt Col and his reign as Chief of Army Staff and the lot be expunged to follow Osayande's logic.

Let us for one moment examine the rationale and logic of Parry Osayande's Police Service Commission in rescinding the promotions over 140 officers on the basis that the rule of law was not applied. The Nigerian Tribune of 6th August 2008 states:

"The Police Service Commission has announced the demotion of former EFCC Chairman, Mallam Nuhu Ribadu, from the rank of Assistant Inspector General of Police (AIG) to Deputy Commissioner of Police (DCP) along with 139 other senior police officers. The chairman of the Police Service Commission, Mr. Parry Osayande, a retired Deputy Inspector General of Police, in a statement in Abuja on Tuesday, said that the commission found the promotions, which were made before the inauguration of the commission disturbing and irregular, as it was only the commission that had the statutory responsibility to promote officers.

According to him, the special promotion was not based on the established criteria and was a breach of Section 153 of the 1999 Constitution and the Police Service Commission Act 2001. Osayande said, "It has, therefore, been the cause of disillusionment, agitations and indiscipline within the Nigeria Police Force." 

He said that after due consideration of President Umaru Yar'Adua's commitment to the ‘rule of law' and in order to guarantee a level-playing field for all members of the police force, the commission re-examined the guidelines for promotion for all the ranks ranging from Deputy Inspector-General of Police to Constable."

The emphasis in bold are mine. The key point these promotions were made before this commission was inaugurated! So what is the agenda? I would have thought that the commission would and should focus on the future, rather than events or actions that did or did not occur before their inauguration? I wonder whether the ex-Police chief has considered the impact on morale of the Police Force with demotions of about 140 officers and the impact on the operational effectiveness might endanger. There is also a fundamental unfairness here. Why should these men suffer for the actions of the former President, they took on promotions that they could not have rejected, to revert them back makes no sense.

Is this article a call to set aside the ‘rule of law', as one who trained and qualified as a lawyer, though now not in practice, I would hope not! What I seek to establish is that in upholding the rule of law we must apply a degree of common sense for man should make the rule as an instrument of liberation and progress, otherwise all sectors would come to a standstill. I also think it is absurd and insensitive for the commission to find it necessary to humiliate a dead man in the process of its ‘so called' adherence to the ‘rule of law, was this necessary? Was it the dead man's fault? My understanding, I stand to be corrected, is these promotions took place in the absence of a commission, is this desirable? No, but is the solution the ground zero approach, going nuclear?  I am certain that the answer is no.

One of the aspects of the ‘rule of law' according an attorney with the New York law firm of Davis Polk & Wardwell is that:

 "…decisional and procedural rules must be consistently applied. When these four conditions are satisfied…."

By all means I suggest to the President follow the law, but if we must unpack the past then let us not be selective but do it in its totality. By this logic it would therefore seem that the deceased general of the northern extraction and a whole host of others of different extractions should posthumously lose their ranks.

In the meantime the masses continue to hope against hope that this government might transform their fortunes. 

 

The writer is a Barrister and Solicitor of the Supreme Court of Nigeria




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Re: Ribadu, No Condition is Permanent
NWANZA posted on 08-07-2008, 00:18:59 AM
QUOTE:
If Ribadu is as astute as is sometimes suggested it must have been clear to him when he started out on the honesty ‘crusade' with the backing of the then President Obasanjo that his very ‘effrontery' and courage in and at confronting power, threatened the status quo of powerful interests, (people of varied backgrounds and vile and dishounorable means linked by power, greed and other attributes of the criminal tendencies), that from this would flow repercussions as soon as his political cover departed.

Perhaps Ribadu may take some consolation that the demotion to Assistant Commissioner of Police is nothing personal, but a cowardly attack on General Olusegun Obasanjo. For it appears by design that those who lack the courage of calling the General to account via a frontal assault are now pursuing his appointees and surrogates left, right and centre.


The Cabal is also a serpent that swallow the victim whole and that is what happened to Ribadu - Yar'Adua just want to distance his government from the dirty assembly plant that Obasanjo hoisted on Nigerians.

It is a shame that no institution in Nigeria can stand the test of time or outlive a regime change. Our laws and constitution is not yet strong enough to deter a president from meddling with it - like CIA or FBI.
Re: Ribadu, No Condition is Permanent
Ikuchi munta wei posted on 08-07-2008, 02:02:52 AM
Barrister,

In as much as Ribadu had his imperfections, yours are more glaring here.I am not holding brief for Ribadu, am sure he is more than capable to defend himself. But, Please cross check your facts properly.There is a difference between chief superintendent and Asistant Commissioner of police. When he represented the Police at "Oputa" panel, was he a chief Superintendent? And the reduction in Rank, was it to Deputy or Assistant Commissioner of police? Please cross check your facts and live up to your calling, "let the truth be told" no matter how bitter.
Mind you, Okiro too was selected above his superior Onovo and made IG. Haz Iwendi demoted Posthumously, i thought reverse was the case, but that is naija for you.
Re: Ribadu, No Condition is Permanent
I-go-better posted on 08-07-2008, 02:34:31 AM
Promotion under a Millitary Regime, approved by the Supreme Millitary Council, whether deserved or not, is legal.

For an elected civilian president to tripple the promotion of anybody and for whatever reason is very unfortunate, dictatorial, illegal and most not be allowed to stand.

Ribadu meant well for Nigeria but Obasanjo adulterated him. If Ribadu had worked under this cringing recluse of a president who preaches Rule-of-Law, he would have been remarkably successful. But Obasanjo gave him selective licence to audaciousness which has now come back to hunt him!

Ribadu emerged into prominence at the wrong time with the wrong personages. Show me your friends ( friends like George, Adedibu, Ubas, Offor, Ali, Ojo M, Fani-Kayode etc) and I show you who you are, still remains relevant. Above are Obj's very close friends who would have been Ribadu's sworn enemies but he was forced to adjust in, that was the begining of his down-fall.
Re: Ribadu, No Condition is Permanent
Tonyben33 posted on 08-07-2008, 02:36:53 AM
Nigerians are allergic to anything that has to be done correctly.Ribadu is not the only police officer demoted but because he was EFCC chairman, there appears to be a public outcry.
I know Parry Osayande is an Edo man. From the names of officers demoted, I could see two Edo officers were demoted to DCP from CP.IGP is a political appointment. The promotion of other officers are usually done on merit. If this process was not followed, no one should cry wolf when corrections are eventually made.
The mess OBJ left behind must be cleared. I dont care what the previous military governments did.
Re: Ribadu, No Condition is Permanent
Ikuchi munta wei posted on 08-07-2008, 02:48:58 AM
@ Tony,

I differ with you on

The promotion of other officers are usually done on merit. If this process was not followed, no one should cry wolf when corrections are eventually made.

The PSC was not in place at the time promotions were effected. The final arbiter of the commission is still Mr President. When the promotions were made, OBJ endorsed them. The argument is, if the PSC is not in place and you were promoted, will you just say, please keep your promotion, until they put in-place the PSC then i will forward my promotion to them for consideration, See the irony?
Re: Ribadu, No Condition is Permanent
Philipikita posted on 08-07-2008, 03:16:28 AM
The chickens have come home to roost.
Rule of law or whatever, let Ribadu feel what it's like to be a victim of the kind of arbitrariness with which he confronted his victims (guilty, indicted, innocent and all!)!

Serving political interests of one general dominated Ribadu's time, not fighting corruption.
After 5 years of Ribadu as head of EFCC, how many political thieves and criminals were convicted? That is how to know if EFCC is making an impact. You don't hear FBI or London Met bosses in pages of newspapers, you hear of criminals exposed and prosecuted and convicted! We are not fighting corruption in Nigeria yet. It's all noise.

And talking about "ranks" in this police force is damn archaic! We are not started yet. This strict adherence to "ranks" in an age when police chiefs in effective systems are appointed from varied backgrounds, shows that we are not ready for change in Nigeria.
Over the world, modern police institutions are increasingly becoming more civil and decentralized, here, we are beckering over rank as if "rank" does the job.
Re: Ribadu, No Condition is Permanent
Tonyben33 posted on 08-07-2008, 03:16:45 AM
@ Wei
If what you postulated has anything to do with following due process,the affected officers should go to court to seek redress.Besides Ribadu, no one appears bothered about other officers affected.In my opinion, Ribadu is not a sacred cow.
Re: Ribadu, No Condition is Permanent
Luchi posted on 08-07-2008, 03:49:27 AM
QUOTE:
I
am trying to situate myself within the plush residential accommodation
in NIPSS Kuru, Jos whe...[URL=http://www.nigeriavillagesquare.com/index.php?option=com_content&view=article&id=9850/55]Read the full article.[/URL]


Rule of law my foot! PSC should demote Mike Okiro as IG too,he is equally a beneficiary of irregular promotions in the Police Force. Yar'adua is certainly showing his true colour, last week he appointed a man standing trial for corruption as his personal secretary (Ibori's ex-finance commissioner) and now this. This our president no dey shame at all!
Re: Ribadu, No Condition is Permanent
VOR posted on 08-07-2008, 04:20:51 AM
QUOTE:
Serving political interests of one general dominated Ribadu's time, not fighting corruption.
After 5 years of Ribadu as head of EFCC, how many political thieves and criminals were convicted? That is how to know if EFCC is making an impact. You don't hear FBI or London Met bosses in pages of newspapers, you hear of criminals exposed and prosecuted and convicted! We are not fighting corruption in Nigeria yet. It's all noise.


GBAM! Nigeria's own agent 0007 "All action hero" I am still waiting for his Ovation magazine outing!
In a country were corruption is rife what did Ribadu achieve in his 5 years, 5 bleeding years? some 419ers were convicted, Ehindero's case, was that a success story really? Ribadu's EFCC in my opinion introduced and encouraged political patronage by blackmail!
Re: Ribadu, No Condition is Permanent
Ikuchi munta wei posted on 08-07-2008, 07:06:06 AM
QUOTE:
@ Wei
If what you postulated has anything to do with following due process,the affected officers should go to court to seek redress.

Check the online newspapers, the other affected officers are already heading for the courts!!!


Besides Ribadu, no one appears bothered about other officers affected.


Afenifere are reminding PDP that 40 of the affected officers against 9 are from the south west. They rminded the PSC that Okiro moved from CP to DIG and was appointed ahead of Onovo his senior.


In my opinion, Ribadu is not a sacred cow.



Tony i agree with you, he has choice properties all over Nigeria, his plazas are collapsing and killing innocent Nigerians, He escaped from Metro police, Has choice properties in UK, US, SA Dubai etc and his concubines are spending $$$$$$$ like it has gone out of fashion!!!!!

i agree he is not a sacred cow
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