The nature of the responses I have received to my last article ‘Ribadu, No Condition is Permanent’ encourages me to explore constructive suggestions on the way forward for Nigeria. For it is not enough for me to demonise this government, it is our and my duty to speak to it with alternative plans and suggestions so that we might break free from the current stagnancy. I have therefore decided to revive a previously unpublished piece.

When President Clinton visited Nigeria in 1999 he talked of a Nigeria worthy of its peoples dreams, a new Nigeria which is to be the world’s next great opportunity to advance the cause of peace, justice and prosperity. This has been one of the inspirations that have moved me to write this article.

I am conscious of a realisation that the passage of time may have affected the currency and relevance of this issue. However, the fast changing political climate of Nigeria makes me ponder and realise that for Nigeria to move forward, particularly a country mired in the endemic malaise of corruption, bad governance and impunity, to a place worthy of its people’s dreams, there needs to be an engagement with the following as a starting points:

"to re-visit the Oputa Panel with respect to the aspect of endemic corruption; and to explore the need for a more substantive truth commission along the lines of the South African Truth and Reconciliation Commission." 

In the light of the Oputa Panel, it is valid to raise the questions whether this is a needless re-opening old wounds or the pursuit of an exercise in futility whilst our rulers continue to loot the treasuries at their disposals. 

I would, however, suggest in response the words of President Nicholas Sarkozy that[1]:

“It is all well and good to never get your shirt wet, to take no risks, to stay on the sidelines, to speak to no one, to be sure of one’s self and what one believes in while sipping one’s café crème on the boulevard…”

It is for this reason that I simply cannot keep quiet but constantly feel the urge to speak truth to power. I sincerely hope that attempts in the paragraphs below would advance some justification for the position of re-opening or building upon the Oputa Panel.

In the paragraphs below I have usefully attempted to place the Oputa panel in context of its setting up and of its main conclusions.

I have already suggested that for Nigeria to move forward to its next phrase of nation building then any truth and reconciliation process must bring about the emergence of leaders, in the mould of real servant leadership but not one of the go-slow cum road block variety advanced by the President Umaru Yar’ Adua. It should be in a mould that would enable them to emerge and become a ‘prophetic voice’, constantly speaking truth to power. A ‘prophetic voice’ from men and women in government and from religious bodies, such as the Church, who derive strength in believing that their own strength lies in the ultimate liberation of the Nigerian people and that it is more important than the prestige and power of their positions.[2] 

For any such process to be successful it must be grounded in the reasoning that:

“ ‘A lie cannot use truth to sustain itself’ and because of the importance of people being able to tell their stories, because their identity was linked so inseparably with their stories.” 

I would suggest that it is precisely because the Oputa Panel in its establishment had a limited role and powers that it simply has not been able to contribute to moving Nigeria on to the next stage of its development nor was it able to sufficiently speak truth to power. This article attempts to provide some background to the Oputa Panel to refresh our memory.

On June 4, 1999, President Olusegun Obasanjo appointed a Commission to investigate human rights abuses committed from January 1, 1994 until taking office on May 29, 1999. In formally inaugurating the Commission on June 14 (Human Rights Violations Investigation Commission), he extended the inquiry further into the past, to December 31, 1983, when President Shehu Shagari was deposed in a military coup. The panel's mandate was:

"To ascertain or establish, to whatever extent the evidence and circumstances may permit, the causes, nature and extent of human rights violation or abuses and in particular all known or suspected cases of mysterious deaths and assassinations or attempted assassinations committed in Nigeria since the last democratic dispensation; to identify the person or persons, authorities, institutions or organisations which may be held accountable for such mysterious deaths, assassinations or attempted assassinations or other violations or abuses of human rights and to determine the motives for the violations or abuses, the victims and circumstance thereof and effect on such victims or the society generally; to determine whether such abuses or violations were the product of deliberate state policy or the policy of any of its organs or institutions or individual or their office or whether they were the acts of any political organisation, liberation movement or other group or individual, and to recommend measures which may be taken, whether judicial, administrative, legislative or institutional to redress past injustices and to prevent or forestall future violations or abuses of human rights."

Chaired by Justice Chukwudifu Oputa, the panel was constituted by Alhaji Ali Kura Michika, Rev. Matthew Kuka, Elizabeth Pam, Mallam Mamman Daura (replaced later by Alhaji Adamu Lawal Bamalli), Tunji Abayomi, Modupe Areda and T.D. Oyelade, serving as its secretary.

Though the panel through its chairman, Justice Oputa, requested enabling legislation be enacted to clarify the Commission's status and powers, including by providing it with power of subpoena. There is no evidence to suggest it received the full powers it needed or required along the lines of the South African Truth and Reconciliation Commission.

There are 31 recommendations contained in the summary of the Oputa Panel, however, part of the report stated that:

“1.19 To this extent, it was not possible or easy to extract from alleged perpetrators the measure of remorse and plea for forgiveness so vital for forgiveness and reconciliation to take place.”

This in my view is the Achilles heel of the Oputa Panel and the reason why the report has limited role to play in moving us forward. The Oputa Panel Report remains an historic document and a basis to which a more substantive process can be built.

Contrasting the Oputa Panel with the South African Truth and Reconciliation Commission we would see that The evidence is that the Truth and Reconciliation Commission was (i) implemented by a government committed to human rights and a party, the ANC, who established four commissions in 1984, 1989, 1992 and 1993 to investigate allegations of its own internal abuses; (ii) had broad investigative powers, including subpoena power; (iii) was mandated by statute to deal with an inclusive range of human rights abuses and to name names of perpetrators; (iv) conducted public hearings; (v) had a long two-year life span, ending in December 1997.[3]

The South African Truth and Reconciliation Commission (TRC) was established after South Africa’s transition to a non-racial democracy by a bill introduced in parliament in 1994.[4] Its primary purpose was to investigate acts of violence and discrimination committed by the Apartheid regime. It also hoped to obtain as complete a record as possible of abuses inflicted by individuals and organisations during the Apartheid era, including abuses by exiles groups like the ANC and the Pan-Africanist Congress. It hoped that these would foster a climate of reconciliation and that those who confessed to human rights violations could apply for amnesty.

It is this key provision of amnesty more than any other that I feel hampered the Oputa Panel from speaking truth to Power and providing a platform for us to move forward, beyond our present malaise. 

In the light of this I suggest that the Oputa Panel cannot be seen as a completion of any sort of process but merely as a template to which a future panel(s) convened or inaugurated may build upon. In the next part of this article I shall seek to address the address the next part of the question:

“To explore the need for a more substantive truth commission along the lines of the South African Truth and Reconciliation Commission in order to combat the endemic malaise of corruption and mis-governance in Nigeria.”

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

Robot  Villager

# 1 The nature of the responses I have received to my last article ‘Ribadu, No Condition is Pe...Read the full article. Posted by Robot| 08.08.2008 06:36

NWANZA  Villager

# 2 The table can turn the other way as we have witnessed in this Nigerian roller coaster, and NR will resurrect in a much stronger position to lock-up the bad guys all over again. The happy ending will be the time he catches Yar'Adua and Obasanjo in hiding (Germany), and extradite them home for trial & prosecution. It will be the result of a big revolution and a massive upheaval were the current leadership were swept away, and some escaped to live in exile. 36 governors are serving life in prison without chances of paroled, and the country was divided into six geographical zones. A new country called "United West African Republic" replaced "Nigeria" with overwhelming relief of the whole world especially west Africa. Posted by NWANZA| 09.08.2008 00:23

employlawone  Villager

# 3 =NWANZA;4295081287> It will be the result of a big revolution and a massive upheaval were the current leadership were swept away, and some escaped to live in exile. 36 governors are serving life in prison without chances of paroled, and the country was divided into six geographical zones. Revolutions are bloody and messy and significant people must be prepared to get their shirts wet and dirty are we truly ready or one? Posted by employlawone| 09.08.2008 07:33

Luchi  Villager

# 4 =employlawone;4295081352>Revolutions are bloody and messy and significant people must be prepared to get their shirts wet and dirty are we truly ready or one? Which revolution are you talking about when educated people cannot categorically condemn what is evil? Abi na okada people for Naija go start the action! Posted by Luchi| 09.08.2008 07:36

NWANZA  Villager

# 5 =Luchi;4295081354>Which revolution are you talking about when educated people cannot categorically condemn what is evil? Abi na okada people for Naija go start the action! For your information, the upheaval has started already going by all kinds of bloody clashes going on at different parts of Nigeria. Not a day pass that we get news of wickedness and terror affecting our people. When you add the numbers, you are starring at stew of trouble in the future mainly due to millions of unemployed or unemployable young men & women. 60 million unemployed youth and college graduates roaming the streets, running into trouble. Most of these kids have turned to drugs & alcohol to cope with the tragedy of societal failure to provide It is a keg of gun powder waiting to explode at any time as we watch these sign manifest.-industries fail due to lack of electricity - multinational corporations packing up and leaving due to insecurity - Kidnapping of foreign experts and wealthy individuals - killing and assassination of politicians and relatives - the list goes on and on. With every sector planning to go on strike or just recovering from strike action, the stage is set for a showdown with the government. Anyone that can put a reliable crop of individuals together, can actually start a revolution. NLC can cripple this government if it decides there is no future in Nigeria but mere existence. Crystal ball readers have looked at this scenario for several years and 99% have concluded that something earth shattering is simmering under this geographical entity called Nigeria. Only an act of God can STOP this perilous vision. You have to lay Nigeria naked and bare on the table, and critically analyze the wounds. Take a whole day-off dedicate it to "Feeling Nigeria" and write down your prognosis. It is shocking what you can discover which people on the ground do not know is bubbling under neat the deep cracks of divisiveness, hatred, religion, bigotry, racism, and frustration. The wounds of long years of military rule and the wastage that accompanied the adventure, complacency of the elite and the so-called educated class. The damage has been done, it is widespread that nothing was spared as bad become worse. Corrupt leadership have snared the noble, which makes it impossible to fix - it is absolutely dire consequences. Posted by NWANZA| 09.08.2008 13:07

tonyben33  Villager

# 6 The people who started ruling Nigeria from independence are still directly or indirectly ruling the country for now.Except they are thrown out we will remain where we are.!!!! Posted by tonyben33| 10.08.2008 18:26

easekieled  Villager

# 7 ...I dont see any revolution taking place in Nigeria..remember Fella s song" I wan build house, i don build house" we are too weak a people to shed blood just like that. Every Nigerian youth is a potential criminal; reason being that every Nigerian youth given the chance will steal because others have done it and nothing absolutely nothing has happened them..infact the thieves are the ones dictating the pace of of this clueless government! We have lost sense of reason so bad so that we can not differeniate between whats right and whats wrong. Tell me with that kind of mentality who will think deep about a revolution when every person is hoping that he will be in government or in position to steal the country blue black tomorow! When the few determined, passionate men and women attempting to correct the system are messed everyday..check out what happened to Okonjo Iweala, Ribadu,a nd presently they are battling to undo Soludo by all means! The government is without direction Niger Delta is breaking apart..once agin if care is not taken the military will bounce back...the situation in Nigeria at present is worse compare to 1983! ..make we wait see.. Posted by easekieled| 13.08.2008 12:44

employlawone  Villager

# 8 =easekieled;4295083101>...I dont see any revolution taking place in Nigeria..remember Fella s song" I wan build house, i don build house" we are too weak a people to shed blood just like that. Every Nigerian youth is a potential criminal; reason being that every Nigerian youth given the chance will steal because others have done it and nothing absolutely nothing has happened them..infact the thieves are the ones dictating the pace of of this clueless government! Revolution of the nature being advocated requires violence, I therefore suggest the quote below is worth considering: The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks to destroy. Instead of diminishing evil, it multiplies it. Through violence you may murder the liar, but you cannot murder the lie, nor establish the truth. Through violence you may murder the hater, but you do not murder hate. In fact, violence merely increases hate. So it goes. Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that. Dr. Martin Luther King, Jr. Then again this other quote is also pertinent or relevant: Our lives begin to end the day we become silent about things that matter. Dr.Martin Luther King Jr. Posted by employlawone| 13.08.2008 14:31

FoxCatcher  Villager

# 9 =employlawone;4295083151>Revolution of the nature being advocated requires violence, I therefore suggest the quote below is worth considering: Quote: The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks to destroy. Instead of diminishing evil, it multiplies it. Through violence you may murder the liar, but you cannot murder the lie, nor establish the truth. Through violence you may murder the hater, but you do not murder hate. In fact, violence merely increases hate. So it goes. Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that. Dr. Martin Luther King, Jr. Then again this other quote is also pertinent or relevant: Quote: Our lives begin to end the day we become silent about things that matter. Dr.Martin Luther King Jr. Olu, Well spoken (or is it well written). The battle begins with refusing to be silenced. Its prosecuted by arming ourselves with Truth. Victory follows the ability to rally well meaning compatriots around the Truth; to speak for it, though they each may see different aspects of that 'Truth'. Posted by FoxCatcher| 13.08.2008 15:25

easekieled  Villager

# 10 =FoxCatcher;4295083193>Olu, Well spoken (or is it well written). The battle begins with refusing to be silenced. Its prosecuted by arming ourselves with Truth. Victory follows the ability to rally well meaning compatriots around the Truth; to speak for it, though they each may see different aspects of that 'Truth'. I agree with you ...not to be silenced! The challenge with Niaja situation is where is the truth? and where is the lie? at what point should you talk and at what point should you be silence? Should you be silence when you see truth or when you see lies? ...is it true that Ibori raped Delta State blue black? ...is it true that Delta women came to kaduna (where Ibori spent his last Christmas in jail) and these women took off their clothes to protest Ibori's detention? ...is it true that Dariye and Alams recieved heros welcome after jumping bail in Britian? ..is it true that some ex governors have used the courts to shield them from being prosecuted? In the Nigeria context the defination of truth has lost its original meaning what is obtainable is anything goes..! SO the question is how do you gather the truths and what will the truth do for you in Niaja...truths will frustrate you..you will be buried with your truths...all the probes we have seen in the last one year what has come of them? ...and so Ribadu was promoted swiftly..by who? does the president have the power to declare that Odi should be wiped from the face of Nigeria? The same office that can give national awards to deserving (?) Nigerians and infact non nigerians...Is this the same office that gave directives for Rabidu et al promotions? here na talk the talk we dey do...these clueless thieves in governmnet will rubbish whoever they want to rubbish Posted by easekieled| 14.08.2008 05:53

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