Speaking Truth to Power:

The Ruse of the 'Rule of Law' and the Conspiracies of Silence

-Olu Ojedokun, PhD.-

One predictable feature identified with President Yar’Adua’s administration is the unending regurgitation of the mantra of the ‘Rule of Law’.  It is this mantra that the President referred to in his interview with the foreign press represented by Financial Times as the single sole 'achievement' of his 12 month Presidency.  It is not my intention to unpack this mantra or to expose the vacuity that lies at the heart of the President’s claim.  However, I intend to use this space to speak truth to power concerning an increasing puzzlement I face.  One of whether the mantra referred to above remains a sinister device to cover up the ‘Baba go Slow’ phenomena or of even a worse dysfunction.

There were a few of us who followed with rapt interest, the attempt by this administration to sideline Mallam Ribadu, the chair of the EFCC by posting him off on a course using the office of the Inspector General of Police as the tool.   At the time, through an article published on Monday, December 31, 2007, headed ‘Ribadu and the shenanigans surrounding his removal’,  I joined many illustrious commentators in questioning the legality or otherwise of this move.

The crux of the argument rested on the fact that various statutes setting up the EFCC laid out clearly the process of appointment and removal of its chair none of which appeared to had been applied in that instance.  There were some suggestions at the time that the statues governing the Police may be more relevant to the issue.  However, one was quite clear from the statement of the President's spokesman reported in the Punch Newspapers of 9^th January 2008 under the heading, ‘FG bungled Ribadu’s study leave – NBA ’, that:

'A Presidency source who spoke on the condition of anonymity on Tuesday said, “The matter is a closed case. The position of the President is very clear: Ribadu is a police officer and he has been sent on study leave.'

“He was not removed by the President. He‘s only been sent on a routine course.”

Ordinarily I thought for a government that sets itself up as a 'paragon' of the ‘Rule of Law’ that the facts here were self evident.  Mallam Ribadu according to that statement was not removed but was sent on study leave.  If that is the case why then is the Presidency involving the Senate in a charade of monumental proportions in attempting to confirm Mrs. Farida Waziri?  It may well be that in the intervening period a ‘Rule of Law’ inspired removal has since occurred, and if so should the public not be made aware?

This brings to mind the declaration by Chief Anenih, when as President Obasanjo’s ‘Mr Fix it’ towards the end of the President’s first term he said to all the aspirants to the Presidency that there was no vacancy in Aso Rock.  The President and his handlers seem bent, assisted with the begrudging nods of the Senate in perpetuating an illegality.  I say begrudging because it is evident that the Senate is not rolling over silently in this matter.

Admittedly subsequent facts unraveling from President Obasanjo’s administration, reveals that Mallam Ribadu in his 4 years stint did not scratch the scale of corruption that went on from 1999 to 2007.  Yes, in fact many of us would accept that Mallam Ribadu does have questions to answer, not in the classroom or lecture theatre, but before the Nigerian people. Furthermore, even if it is alleged that his regime of the EFCC paid scant attention to the rights of the serial crooks, embezzlers and 419ers, he like all of us deserve the application of the due process or the ‘Rule of Law’.

In this saga what vexes me more, is the conspiracy of silence in the press and amongst the chattering classes.  It appears that it is only Gani Fawehinmi SAN (and subsequently Wole Soyinka) who from his sick bed has summoned strength to speak truth to power for all others seem to have lost their voices.

I am painfully reminded by Franz Fannon that:

“The future would have no pity for those men [and women] who, possessing the exceptional privilege to speak words of truth to their oppressors, have taken refuge in an attitude of passivity, of mute indifference, and sometimes of cold complicity."

In my view the 'fathom' staffers of the EFCC have exhibited tremendous courage in speaking truth by power has demonstrated by today, 3^rd June 2008, in Thisday Newspapers where it is reported that:

‘In the letter to the Senate, the EFCC “concerned staff” said the legislative body must first resolve the issue of whether or not the office of EFCC chairman was vacant before going ahead with the confirmation of the appointment of Waziri in order to avoid politicisation of the issue.

They said their suggestion was in line with President Umaru Musa Yar’Adua’s posture on rule of law and due process.

Chief Gani Fawehinmi (SAN) had also, in objecting to the appointment of Waziri, pointed out that Ribadu had not been officially removed from office.

The EFCC staff wrote: “In order to protect the Senate from blame of premeditation in arriving at the decision that the office of the EFCC Chairman is not vacant, Mr. Nuhu Ribadu, the Chairman of the EFCC, must be summoned to tell the Senate and Nigerians whether he has received any letter from the Executive terminating his appointment or removing him from office, and to submit any letter or correspondence from the Presidency or the Police Headquarters, which may help the Senate, including the letter or directive, if any, asking him to proceed on course to NIPSS, to see whether there is anything therein, notifying him of the termination of his second term. This way, the Senate will be seen to have based its decision on hard facts.”

This does capture the sum total of my position, yes, let Ribadu be removed, but let it be done in accordance with the ‘Rule of Law’ and let us have the whole truth and nothing but the truth revealed in the public domain.

In conclusion, I am consistently exacerbated by the leadership void Nigeria continues to face.  We seem to have a government which has constitutional authority but continues to demonstrate diminished influence over its affairs whilst others outside government like Gani Fawehinmi, Pat Utomi and Wole Soyinka exhibit much influence but no authority.  Is this the extent to which President Obasanjo has reduced Nigeria ?

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

Robot  Villager

# 1 I am sometimes exacerbated by the leadership void Nigeria continues to face. We seem to have a gove...Read the full article. Posted by Robot| 03.06.2008 22:46