The attack on the Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu, and his friend, Mallam Nasir El-Rufai, the Minister in charge of the Federal Capital Territory (FCT) by the out-going President of the Nigerian Bar Association (NBA), Mr. Lanke Odogiyon is not in any way original. What is instructive is that Odogiyon's call for the removal of both men, adopted via a reportedly unanimous voice vote by lawyers at the NBA conference in Port Harcourt, is perhaps the most dramatic contribution at this year's Bar Conference.

It has conveniently upstaged every other issue that the lawyers addressed, including the election of a new NBA President. The reactions to this incident by the EFCC, and its sympathisers, among whom could be found lawyers (Gani Fawehinmi, Femi Falana, Bamidele Aturu etc), would seem to have over-dramatised Odogiyon's submission, and the NBA's position, beyond its more telling indications. It is important to isolate the issues for proper consideration.

Both Odogiyon and the NBA were interested, it would appear, originally, in the maintenance, the protection and the observance of the rule of law, and the need to ensure that official processes, at all levels, are governed by the rules of equity and justice. Without providing empirical evidence, but relying more on convictions and impressions, the NBA and its President ruled magisterially, that both the EFCC and the Federal Capital Territory Development Authority (FCDA) have been remiss in upholding these rules.

Odogiyon merely used the NBA platform to highlight what is obviously a pervasive impression among critics of the EFCC and the FCDA. He added: "The fact that the person at the helm of affairs of the EFCC is a lawyer and that the EFCC has a legal department makes this assault on the legal profession unacceptable. We must rise up to defend our profession". Curiously, both Odogiyon and Ribadu are trying to "defend our profession" with the latter having sent to the NBA conference a list of 34 lawyers whose names he says should be removed from the NBA register by the Disciplinary and Ethics Committee.

There is no denying the fact that the EFCC has been variously accused of being over-politicised, acting as a law enforcement-wing of the Presidency, and routinely behaving as if it is above the laws of the land. The FCDA, in its attempt to sanitise Abuja, and insist on respect for laid down regulations, has also been accused of over-zealousness bordering on intimidation and victimisation. It is rightly within the province of the NBA, as a civil society organisation, to raise questions about how Nigeria is governed.

It will be recalled that the former Chief Justice of the Federation, Justice Mohammed Uwais, had also, at the All Nigeria Judges' Conference earlier in the year, accused the Obasanjo government of disobeying court orders, and disrespecting the laws of the land.. Odogiyan says the EFCC and the FCT represent the new face of official lawlessness. The principle of it is that no group, or institution, or person, no matter how well-meaning shall violate the laws of the land. The easiest route to anomie is when government through its agencies, violates the rule of law. It is a notorious fact that the Obasanjo government has been most guilty in this regard.

It is unfortunate that this point is lost, as well as the opportunity for its scientific exploration, in the face of the name-calling that has attended the NBA Port Harcourt declaration. Odogiyan's protest about the excesses of the EFCC and the FCDA was reduced, in the reporting to a call for the removal of Ribadu, and hence, what ought to lead to an assessment of the respective institutions, has been reduced to a comment on personalities. In its response, also, the EFCC merely played up the argumentum ad hominem dimension of the controversy. The NBA President is accused of conspiracy, of seeking to protect fraudulent lawyers whose population is growing, of sour grapes, and absent-mindedness.

We need to separate the persons from the institutions. The excessive focus on personalities is the bane of the governance process in Nigeria. The NBA's protest would have offered more light if it had focused on how both the EFCC and the FCDA can be turned into strong institutions with enduring traditions. For example, would the NBA be interested in a review of the EFCC Act which grants excessive powers to the body? Is Ribadu the problem or the EFCC enabling law?

Whatever may be their individual limitations, the key challenge facing the institutions that Ribadu and el-Rufai head is systemic. The corrupt, lawless, officials of the EFCC; and the bribe-taking, document-falsifying members of the FCDA are products of a system that is given to doing even the right thing wrongly. The only reason the EFCC functions, and the FCDA appears pro-active at all, is due to the passion and the creativity that Ribadu and el-Rufai have brought to their job. If they leave their positions tomorrow, there is no guarantee that the present assault on corruption would be sustained. Ribadu has pursued the anti-corruption campaign with single-minded devotion. El-Rufai has taken on his assignments with uncommon enthusiasm. This does not grant either men the license to disobey the laws of the land. It also does not grant them the freedom to follow the bad example of their master where the law is concerned.

But no one can doubt the fact that these two gentlemen have helped to signpost two sore aspects of Nigerian life: moral turpitude and disregard for the rule of law, and the need to check impunity. The NBA in dismissing both men, in failing to couch its protest in the fashion of a cautionary tale, invited the kind of response it has so far received, and failed the test of objectivity. But there are issues that the EFCC and the FCT minister must take to heart. The EFCC is too theatrical in its exploits. Breaking down Mike Adenuga's doors, chasing Plateau lawmakers to a High Court premises at midnight, threatening to deal with Governors and generally acting like the President's private army: these offer intimations of a military style of operation in the presence of which human rights are bound to be trampled upon.

However, the EFCC in its response has managed to throw the ball back into the NBA's corner of the field. We still await the NBA's response to the telling charge, for example, that its criticism of the EFCC is motivated by the EFCC's painting of the NBA as an organisation that harbors, among its ranks, corrupt persons who should be thrown onto the streets. And so the EFCC thunders: "There is nothing wrong in the NBA showing solidarity with members who are facing one challenge or the other but it is dangerous for such solidarity to be extended to members whose conduct desecrates the nobility of the profession. The EFCC is disturbed by the increasing involvement of members of the Bar in financial scams. At the last count, at least 27 lawyers, including a couple of senior advocates, were either being prosecuted or serving jail terms for financial scams".

The EFCC has asked the NBA to sanction 35 errant lawyers, some of whom are Senior Advocates. Then, it adds: "Why is it that Odogiyon is complaining when he is asked to check on the conduct of its own members? Odogiyon says EFCC has a penchant for disobeying court orders and is selective in the prosecution of the war on corruption. Rather than vacuous statements that mock the intellect, we challenge the otherwise learned President of the Nigerian Bar Association to place before the public, the names and particulars of court orders that EFCC has disobeyed."

Without a doubt, there are problems of ethics and professionalism in the legal profession. There are lawyers who are giving the profession a bad name. Many lawyers are no longer officers of the law. They are fortune-hunters without the carriage of gentlemen. In the corridors of power, they help to justify lawlessness. As legal advisers, they tell the man of power what he wants to hear and not what the law says. Even Attorneys-General can no longer be trusted to offer the right interpretation of the law. The EFCC has drawn attention to an important issue. It wants certain lawyers to be removed from the Bar register. It is for the NBA Disciplinary Committee to accept, or reject this proposal and respond to the EFCC's allegations, about how sadly, members of the legal profession have been compromised.

It is further instructive that both the EFCC and the NBA are pursuing the same objective: they both insist on ethical conduct and respect for the rule of law. In addition, the EFCC has exploded the myth of the untouchable "big man". But the devil is in the interpretation, and the application of the law. My verdict: neither the NBA nor the EFCC has won the argument. Both bodies have a lot of house-cleaning to do! Meanwhile the FCT Minister, Nasir el-Rufai has chosen to remain silent. He once had cause to tell members of the Senate that "silence is the best answer for a fool". We can only hope that this is not his position in this instance, for there are no fools, surely, in the Nigerian Bar Association. There are only learned gentlemen.

Robot  # 1 | 01.09.2006 08:30

Ribadu and his learned friendsBy Reuben Abati ...Read the full article.

Marie-Jay ABRAXAS  # 2 | 01.09.2006 09:23

Hi, Dr. Reuben Abati! Definitely, there are no fools in the Nigerian Bar Association. There are only learned gentlemen AND LADIES. Muchas gracias.

Balance  # 3 | 01.09.2006 10:06

In his effort ot take the middle ground, Abati has shown that he has no spine here, only. When you want to eat with the devil, you use a long spoon. When dealing with chronic looters in Nigeria there are many ways to skin a cat. Save your objectivity for the dogs, I have read a beeter article on this site on the same topic.

Auspicious  # 4 | 01.09.2006 10:51

"We need to separate the persons from the institutions. The excessive focus on personalities is the bane of the governance process in Nigeria." - Reuben Abati. One solid GBOSA for you there! The negative effect of the "excessive focus on personalities" does not only feature in "governance process" alone, but it is almost a thriving habit/culture that permeates almost every inch of our social fabric. Yes, it is the reason why the name Ribadu is bigger than EFCC; it is also the reason why the names Obasanjo, Fayose, Okonjo-Iweala etc appear bigger than the offices and institution they represent! It is also traceable to why people leave issues of debate and focus on the personality of the person with whom they are engaged in a debate, to insult and malign the latter rather than make their points and get on with it - even right here in our Village Square. Auspicious.

VOR  # 5 | 01.09.2006 11:05

Thank you jaare Marie J, they seem to forget that we exist!! The mess called the legal profession in Nigeria needs good strong progressive leadership to get it back on track. This is the fallout of years military rule, a once noble profession has some cash and carry practitioners bringing the profession to disrepute. The equal mess called the Judiciary needs a good kick to get it into place, I am skeptical about Belgore's ability to give such a kick. When you have judges behaving like area boys, that turn the law on its head to achieve the goal/s of their paymasters....it is pitiful!! nearly all state judges in Nigeria represents the government in power not the law. We have an Attorney General of the federation who has turned himself into a glorified errand boy for Obj - the master, who picks and choose what court orders to obey. With the kind of reckless disobedience of court orders and procedures, what is the difference with this government and the military government? Decrees? I think not!! This is why I am so angry with the EFCC, they could have made themselves the one organ of govt that goes by the rule of law in the country, to serve as an example to others. But what do we have? a body that disregards the laws of the land, even human rights to make headlines. Ribadu is asking for disciplinary action against some lawyers, what about him? are his actions bringing credit or disrepute to the profession? A lawyer that disregards court orders should be disbarred so also those that bring the profession to other forms of disrepute. The rot has to be cleaned out of our legal system, once you have a country that has no law and order, you might as well forget it because that country becomes a jungle ruled by jungle justice!!!!

Auspicious  # 6 | 01.09.2006 12:20

Omidan VOR, You said "This is why I am so angry with the EFCC, they could have made themselves the one organ of govt that goes by the rule of law in the country, to serve as an example to others. But what do we have? a body that disregards the laws of the land, even human rights to make headlines." Is that true? I ask because I do not know. Can you give examples of "disregards (of) laws" that EFCC might have been complicit in? Anyone? Auspicious.

WayoGuy  # 7 | 01.09.2006 12:24

The chasm between allegations and proof among the learned gentlemen of the Nigerian extraction sends chills down the bellies of Nigerian lawyers practicing in the United States. Imagine the image of the EFCC as a recalcitrant thug disobeying court orders with impunity and the EFCC’s stone-throwing response to the NBA head by claiming that he was sheltering criminal-minded lawyers. These are serious charges. No proof was tendered by either side while each side had the ears of the legal community. And these are the beacons supposedly charged with rational and empirical civil procedure. Now compare this with the recent case of John Mark Carr, who has been in the news lately in the United States since August 16th when he confessed to involvement with the killing of a little girl 10 years ago in Colorado. Even with such powerful “confession”, the Colorado State legal authorities were not quite ready to call him a killer. Before the government lawyers would call him a killer, a murderer, the evidence of his confession was not sufficient, but needed to be independently verified. As we all know, the charges were later dropped because his DNA did not match the DNA found on the child’s clothing. If, in our native land Nigeria, among lawyers, allegations, accusations, innuendoes, and gossip pass as proof, do you think the prosecuting authorities can ever challenge confessions? Do you know how many people in Nigeria today languish in police cells and prisons because they, after spending some horrible time with the police, miraculously confess? It makes some us shiver. It makes me shiver that the learned gentlemen are not setting good examples for the rest of our country.

denker  # 8 | 01.09.2006 12:29

...for the meantime forget about rule of law in nigeria, as long as the leadership is lawless and the constitution full of flaws... IS SHARIA CONSTITUTIONAL...?

ILN TOO  # 9 | 01.09.2006 12:30

A point of correction ABRAXAS. there are no fools in the NBA, only LADIES and gentlemen. Thanks

Goddy  # 10 | 01.09.2006 12:33

There are columnists and there are columnists. But unlike the great columnists of old, what we have nowadays are mostly a bunch of spineless columnists who will always play to the gallery or, at best, maintain a middle-of-the-road approach to issues. And the reason for this stance is that they either want to dance to popular tunes or simply want to play safe. The consequence of this "popular" stance is that very important opportunities get lost. Why so? Newspaper columnists have a rare advantage to air their opinions for public consumption. No matter how great an opinion is, if the writer does not have the privilege of getting published by a newspaper or magazine, the opinion is lost to the generality of the people. And this is why it's rather unfortunate when young guys like Abati with the great opportunity for a vibrant newspaper/magazine space to air their views tend to throw it down the drain every week. Those who know Abati since his advent in the Guardian can attest to the fact that he has the habit of shifting the goal posts as it suits him whenever he is on the field of expression. At one time prior to the 1999 presidential election, he was so much a campaigner for Obasanjo that some thought he was on the man's payroll. But after the formation of the new govt, he changed his tune and has remained a chief critic of Obj. It was therefore natural for his critics to assume that he adopted his new stance because of his disappointment at not getting any appointment under the new dispensation. Then, he delved into the Nigerian question, the First Republic, the civil war etc albeit without tact and with little knowledge at his finger tips so much that he almost got roasted by many Igbo individuals and groups. Again, he has since changed his "style" in that direction. Now, he "speaks" with tongue in cheek when it comes to the national question. A columnist worth his salt will boldly take and hold on to a position and defend it to the last pint of blood in his/her body...not shifting ground inconsistently each time there is some opposition to his or her views. Pini Jason, Dele Shobowale and a bunch of other columnists on the stable of the Vanguard newspaper readily comes to mind. They can be very parochial, vindictive and aggressive in pushing their narrow opinions down the throats of the reading public every week. But they are very consistent! Abati is a brilliant young man and a good wordsmith but when it comes to commenting on issues of national importance, more so, those that involve vast knowledge (usually as a witness) and not heresay, he still needs to mature a little more to develop and maintain a solid position on such issues. As we often see on the internet, every Tom, Dick and Harry can suddenly parade himself/herself as a columnist especially with a lot of sensational salt thrown into it. These will easily appeal to the young "radicals" with a lot of anger/frustrations and worse, little knowledge of life and Nigerian history. But every newspaper reader or internet page visitor is not so lacking.

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