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Otorofani Global Affairs Commentaries

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March 2011

Presidential Campaign Promises: Change As An Elephant

–Cutting-Edge Analytics—

If governance is the art and science of catering to the material wellbeing of the people in a given society then politics is the means by which the practice of it is formally set in motion. At the heart of the political gamesmanship is the determination as to the what, why, where, when and how such art and science are to be practiced in a given timeframe which is for the most part centered on man and his multitude of conflicting and insatiable desires, fancies and fantasies that constantly agitate his restless mind.

For all his high minded political posturing and grandstanding, however, such as for instance, the protection of the weak and the poor, wild life and endangered species, and mother earth, man is at all times at the center of politics with these other extraneous considerations serving as mere icings on the cake and ultimately for his own benefits. However, unlike lower animals whose simple desires are basically governed by instincts, human beings are internally conflicted in their desires because their desires are not only governed by instincts like all animals but oftentimes by complete externalities; that is to say, external stimuli some of which are totally alien to their own cultural environments. Sometimes humans may desire stability in the place of change, and at other times they may desire change in the place of stability. At yet other times they may desire both change and stability at the same time. Such is the nature of humans that their desires are not only impermanent but infinitely elastic. And that is part of the reasons why it is extremely difficult if not entirely impossible to please man, and if one by some chance succeeds in pleasing him at all it is but only temporal and never permanent due to the volatility of his desires, for the same people who shouted “Hosanna!” the last time will shout “Crucify him!” the next time around and vice versa. 

While some of these desires are existential and therefore instinctual as indicated above, others are wholly exotic in nature and not in any way critical or even necessary to his very existence and therefore totally dispensable. In the words of the economist they resolve themselves into shifting categories of “needs” and “wants” with these categories having no clear cut boundaries at all in that what is a want for some might be a need for others depending on their stations in life. But as civilization rapidly advances so are man’s desires tagging along and the shrinking of the global village has hastened this process to hitherto unimaginable rapidity and reach. Thus what happens in one part of the world in totally different socio-cultural climate is apt to be desired and longed for in other parts of world with totally dissimilar socio-cultural predilections. In other words human desires are converging ever so rapidly through communication and information technologies in addition to faster modes of transportation that has spawned multi-billion dollar global tourism industry. This makes the business of governance and the art and science of politics all the more uncertain, difficult and risky. It’s a huge gamble to want to lead under such testy circumstances except for those who go there to enrich themselves and not for rendering service to their people.

To a large extent, therefore, politics is all about meeting these ever expanding frontiers of human desires that very few governments, if any, have been able to attain due to the ever shifting goal posts of the desires. Before a set of old desires are met a million new desires are already lined up waiting to be met and woe betides the politician or leader that fails to meet them.  He would be dead meat for political vultures. And in the event, however, that such desires are not being met, whether they are indigenous and basically existential or exotic and acquired from foreign cultures, it gives rise to some other, if you like, secondary desires for change, the latter being seen as a necessary pre-condition or prerequisite for attaining the former. Thus for instance, a change in the leadership of a corporation, institution or government is invariably seen and touted by the promoters of change as a pre-condition for the attainment of the objects of their desires. In other words, the secondary desires are to be used in attaining the primary desires the fulfillment of which has been adjudged to be either wholly lacking or deficient in some respects.

However, the ability to convince the critical mass of the stakeholders, in this case the electorate, that such objects of desires are necessary in the first place warranting the change of leadership desired is critical to the execution and success of the change desired.  In politics that is the work of the political salesman of which the political candidate himself is the chief salesman supported by the party sales department, as it were, and the rank and file from top to bottom. It all comes together during the electioneering campaign period that is currently in full swing in Nigeria. It is therefore critically important for the electorate being sold on the need for change to examine what is being offered to them by the political candidates and their parties as alternative paradigms viable enough to warrant their consideration and possible adoption at the polls. In all their manifestations, electioneering campaigns come down to these basic issues as to the need for change in the affairs or direction the nation is headed and those best suited to bring about the desired change. Therefore, the onus lies on those spouting the idea of change to convince their fellow citizens of both the necessity of change and their capacities and abilities to effect the change desired.

While the people might have convinced themselves of the need for change on the basis of objective facts on the ground and might actually be the driving force for the change desired in the first place, many unscrupulous politicians have sought to capitalize on such popular clamor for change to ingratiate themselves on the people which they quickly transmute into a political horse on whose back they ride to power effortlessly only to sorely disappoint the people in the end. Although history is replete with such disappointments we don’t need to look beyond the United States under the current President Barack Obama to see the huge gap between the promise of change and its delivery to the people who had clamored for it. As I have had cause to state in previous write-ups and would repeat here as more evidence of it piles up by the day, many in the United States, including but by no means limited to President Obama’s own black, minority and labor constituencies, are now openly questioning and demanding to know where Obama’s promised change has gone because they have been looking everywhere around the nation but cannot find any appreciable evidence of it on the ground three years into his first term. And the little evidence there is, is about to be wiped out under Obama’s watch. Obama himself has since abandoned his change rhetoric for pragmatic accommodation of the essentially racist Republican agenda in the face of stiff resistance from the Republican flank. He has become a Republican by default in many respects to the chagrin of his core constituencies. 

True, this piece is not about Obama per se and this might appear to be digressive on the face of it. But the issue of change rhetoric during campaigns and failure to deliver when elected is as relevant in Nigeria as it is in the United States abundantly warranting drawing Obama into this discourse to help elucidate the issue. Where pragmatism warrants mid- course reversal in the change rhetoric to the extent of embracing policies that hurt Obama’s core constituencies such as federal funding for the seniors and the poor, it is time to put the brakes on pragmatism and doing deals with the Republicans whose faces beam with smiles seeing the old and the most vulnerable go down in acute economic distress in the name of cutting the budget deficits they themselves had callously and gleefully racked up under their own President GW Bush. How could Obama want to balance the budget which is incapable of being balanced in the first place, on the backs of the poor and vulnerable and giving brakes to the filthy rich who are the darlings of Republicans? The $60bn the Republicans want to cut from the federal budget is to write the Wills of the poor and vulnerable Americans who happen to be disproportionately blacks and minorities because many will die due to lack of care they have been used to even if not perfect. That is not “change we can believe in” but “change we can’t believe in!”

Whether it is about Wall Street or the watered down Health Care Act Obama is already reversing himself in the face of the Republican onslaught. In other words “change” has been put on reverse gear before our own eyes. But not so fast though, for his core constituencies have refused to forget the fact that barely three years ago, Democratic candidate Barack Hussein Obama had promised them “change we can believe in” but the promised change has disappeared into thin air with its ringing rhetoric that still rings in their ears till date. Was it a sweet dream or some futuristic reality? No, it wasn’t a dream but a promised reality they had invested their political capital in back in November 2008, when they hit the roads, towns and cities; knocking on doors and working the phones like all their lives depended on it. Almost three years later all of that is turning into ash in their mouths and acquiring the character of a dream; all because in their understandable euphoria they didn’t bother to ask the right questions as to how Obama was going to deliver “the change we can believe in” under such dire economic circumstances he was inheriting from GW Bush and the Republican warmongers. The general attitude then as always was: Why, put him there first and then we can come back and ask those questions later, because in his case, putting him there first was in and of itself the fulfillment of a bigger dream all by itself as his election represented an historical turning point in the political history of the United States.

Who knows, perhaps the same attitude is at play in Nigeria too with folks refusing to ask hard and penetrating questions that are designed to bring out the complexities and nuances of real issues of development challenges facing the nation even during a presidential debate. While campaign rallies are not the appropriate forum for asking penetrating questions, debates and interviews are and ought to be fully exploited and utilized toward that end. After all, what are their purposes if not those? Are they meant to be beauty pageants with the candidates strutting their stuffs on stage for the viewing pleasure of the audience and no more or a forum for delving deeply into the plans of the candidates? The failure to ask penetrating questions and insisting on answering them when evaded is rather unfortunate. Since the press has been abdicating its responsibility to grill the candidates for the job on behalf of the people who can’t do it by themselves, perhaps a time should be set aside for the parties to publicly present their plans before the public on public television beamed live to the nation with each party and its presidential candidate taking turns on different dates before a well heeled panel. That is much better than the watery debates being organized where candidates evade questions at will and move on with no time to bring out real issues. 

That said the gulf between the rhetoric of change and its delivery continues to widen ever more so in places like Nigeria where politicians care less in the first place about keeping promises delivered with sugary flourish because, as we shall see below in this discourse, no one in the media has cared to task them about the specifics and feasibility of their promises and the means of delivering them within existing financial, managerial and institutional constraints inherent in the system as the Chairman of INEC, Professor Attahiru Jega, is finding out rather belatedly. The reality of the matter, however, is that promises are made to gullible publics with politicians not bothering to do their homework properly as would be expected in the manner of the late sage, Chief Obafemi Awolowo, for example, who was known to outline his programs and projects with their costing elements well laid out to the last kobo for people to see and evaluate for themselves even before the campaigns proper. The late chief was known to cite facts and figures effortlessly without referring to any notes because he had taken his time to prepare his briefs and gotten accustomed to the facts and figures he was recalling with such ease. To more or lesser extents, other political operatives at the time were into the business of offering project and program specifics to the electorates in both the First and Second Republics. However, the late Ikenne Chief stood out head and shoulders over and above all others in this area of substantive campaign execution.

Of course Awo was employing the services of experts in the various fields to assist him as it should be but the final output belonged to him and his party. Many of our present day political candidates do not seem to understand or appreciate the need for thorough articulation of the issues involved requiring attention and proper planning. Even the articulation of the issues themselves has left much to be desired making one to wonder if the nation has been unable to replenish its brain stocks in the political field since the departure of the titans a few decades ago. Has the nation lost the quality of candidacies that once held sway in the First and Second Republics? If the answer is yes, the long period of military rule and the current invasion of ex-generals in the political arena who have no training or experience in politics is to blame. “Command and Control” mentality seems to have invaded the political arena so much so that political aspirants do not seem to see the need for careful planning and execution. Whatever planning and execution there is appears to relate only to political thuggery and incitements to violence for which certain of the candidates have unabashedly acquired notoriety. All our lazy candidates seem to be doing is to simply mouth “change” as if that in and of itself is all it takes to effect change without more. And because they’re not prepared they spend all their valuable time fiddling with half-baked policies when they get to power that wind up in abysmal failures and huge disappointment for their peoples with the tax payers’ monies flushed down the drains.

Ever seen a serious entrepreneur starting out on a major new project without first doing a serious business plan to present to the bank for funding? It’s unthinkable, but it happens in politics where huge sums of money are at stake and they get away with it. It’s about time Nigerians viewed leadership recruitment that is election in terms of business propositions and accordingly call the candidates out on the specifics and feasibility of their plans and programs rather than lapping up change rhetoric from the soap box like hungry dogs feasting on human waste, for much of what is promised to the people is no more than verbal diarrhea from afflicted political patients.

While a good business plan is no guarantee of the success of the business for which it is made it is an indication of the seriousness and thoughtfulness of the promoters of the business and more likely to lead to success than one without such a plan, and the management of national resources should be no less important and serious than the management of an ordinary business. On the contrary, it should demand even more attention from political aspirants and candidates alike. This has not been the case with the Nigerian situation leading to huge failures and consequent disappointment of the people. It is not as if political candidates do not know the issues confronting the nation. Everybody knows the issues of bad road, poor healthcare delivery, acute power and water shortages, crime and insecurity and the rest of them. While everybody knows the issues not everybody has sat down to proffer viable solutions. It is not enough to simply declare: “I’ll fix the roads” or “I’ll fight crime” or “I’ll turn Nigerian varsities into world class institutions” and so on and so forth. No, it is not enough and can’t be enough. That is a mere statement not a plan. We want to see the plan. They must tell us how they want to do it—that is to say, the nitty-gritty of it all, not some bland declarations. It is the duty of those who seek public office to proffer solutions and such solutions should not be kept hidden in their flowing babaringa pockets but made available to the public in a timely manner. Not doing so is tantamount to not having any solutions at all.    

The failure of public office holders to deliver is directly traceable to their lack of unpreparedness before assuming office. I once read of how the present Lagos state Governor, Tunde Fashola, buried himself in his study analyzing Lagos state problems and fashioning out possible solutions as soon as he was nominated by his party to run even before the elections were held. The results are what we see today in Lagos state. For the unprepared, failures and disappointments trail their exit from power as in Edo, Delta, Ekiti and Abia states, for example. However, such disappointments seem to have strengthened rather than hold back the hand of the wily politician who is actively seeking an easy doorway to power. When we examine the rhetoric of the major presidential candidates; Goodluck Jonathan (PDP), Mohammadu Buhari (CPC), Ibrahim Shekarau (ANPP) and Nuhu Ribadu, (ACN), it would be found that they’re laced with the icings of change.

In the present dispensation President Goodluck Jonathan, not candidate Goodluck Jonathan, was the first major politician on record to mouth the slogan of change in his first foreign trip to the United States during the Nuclear Summit of World Leaders which held in August 2010 where he in his address to the United States Foreign Relations Council he mouthed the themes of change and transformation before the international audience in the following words: “In this responsibility of consolidating and deepening our democracy, we are committed to ensuring that the remaining period of the administration is not a transitional period but one which, we hope, will one day be viewed as a watershed, a transformational time in our young democracy. For us in Nigeria, this is our time. Either we continue with more of the same or we change the game.”

Implicit in that statement is the recognition of the failures of then current approaches to governance under the leadership of his own party, the PDP. In other words, Jonathan had on his assumption of office recognized that the fact known to many that the policies he inherited from his boss were not working and therefore could not be relied upon to deliver the goods to the people hence the line “Either we continue with more of the same or we change the game.” Quite a candid statement, I would say, and a telling indictment of both the Yar’Adua and the OBJ administration in certain particular respects.

To Jonathan, therefore, change means doing business in a different way—“changing the game” in order to attain the same goals. It’s not about changing faces in power nor is it about changing goals but about changing the way of attaining those goals which the nation has long agreed upon. Though he was part of the Yar’Adua administration he was only seen not heard and in any case the buck stopped at the desk of Yar’Adua not Jonathan’s. He was not the designer and implementer of policies but a mere helper to the late president and so could not push his alternative views too strongly and too far from those of his former boss to whom he had pledged his loyalty. And once given the opportunity he quickly seized on it to change course. Two areas that the changed course has manifested itself is in the electoral reform and the power sector reforms where Yar’Adua had dithered for two and a half years without delivering a single megawatt including his un-kept promise to declare a national emergency, and his promised electoral reform left in the cooler.  

While by no means new in our political lexicon it is perhaps fair to state that the Jonathan phenomenon has been animated by these twin themes of “change” and “transformation” from the very beginning as indicated above well before his presidential candidacy and those of his opponents as well and right into his electioneering campaigns. This is so because at the time that statement was made in far away Washington DC.,  Ribadu the ACN candidate was still a fugitive trying to cut a deal with Jonathan to enable him return to his country from his self-exile; Ibrahim Shekarau of the ANPP was still an unknown quantity, and Muhammadu Buhari of the CPC was still mapping out his political bearings having been humiliated by his former party, the ANPP. At the time Buhari’s political future was uncertain as his party leadership and its state governors had turned against him eventually forcing him out of that party to seek his political fortunes in the CPC the same way Abubakar Atiku was forced out of the PDP in 2007 to seek his political fortunes in a new party, AC, which was later rechristened ACN.

So far as public statements go, Buhari has not acquitted himself as one given to philosophical flourish in his public statements. It is sad to say that he has been associated more with inciting and inflammatory statements than with philosophical or visionary statements throughout his campaigns. Yet knowing the magic in the word “change” he has managed to mouth the “C” word for all its worth in describing himself as “a change candidate” during the launch of his campaign website. Not to be undone and as an indication of the power of the word, Ribadu too has latched on to the same change rhetoric. And as recently as the first presidential debate held in Abuja Ribadu described himself as “symbol of change” being a “young man” like the rest of young leaders in the United States, France and Britain, whom he claimed are “doing well”.

·       However, he would not tell us what he meant by “doing well” and how they and their performances have been particularly different from their older predecessors in office on account of their age. By the way, how well is Sarkozy doing and how popular is he in France? Recent reports put his approval ratings at its lowest yet at 29% French president’s approval rating at record.  Too bad for him but our own presidential candidate in Nigeria who wants to be president of the world’s largest black democracy is out there telling his country men and women that “he’s doing very well”. How pathetic. Pray, is his own president’s approval job rating not better than that of French president Sarkozy?  How popular is Barack Obama is in the United States? “As popular as the US midterm elections results showed,” many would answer, if asked. It has been claimed that Sarkozy has become so unpopular in France that he is now seizing on foreign issues such as the crisis in Ivory Coast and Libya to escape domestic low job approval rating woes. Similar fate awaits the British PM if he is not already suffering from low job approval ratings in the hands of his country men and women. The likes of Ribadu could applaud these foreign leaders all they want in far away Nigeria as super performers from across the Atlantic, but the judgment of their own people matter most not theirs as the US midterm elections have poignantly demonstrated. In the light of this, it makes no sense whatsoever to tout these foreign leaders before our local electorate unless we want to be copy cats as we have always been mouthing change on the basis of what has happened in the United States, France and Britain where young leaders emerged. As many would readily agree it smacks of inferiority complex. That these leaders emerged on both continents at the time they did was not something planned but pure historical coincidence. The Americans did not vote in Obama because France had Sarkozy and the same goes for the British as well.

Let’s cut out this copycat syndrome from the debates and dwell on substantive issues relating to programs and policy matters that are important to the nation and the citizens. That is what matters in the end not necessarily age of the candidates. After all, we have had young governors like Ibori, Kalu, Igbinedion, Turaki, and the rest of the bunch who turned out to be complete disasters in governance. On the other hand we had older governors like Chris Ngige in Anambra and the present Tunde Fashola of Lagos states who have been adjudged by many as performers. So age is not the issue but vision and mission and many would agree with that statement. However, that is not to say that we should invite octogenarians to come and rule over us because they are more experienced and could perform better but to indicate that whoever shows up must be assessed on his or her personal merits, competencies and performance records rather than solely on the basis of age. When for instance Buhari claimed in the debate that he used his chairmanship of the PTI to “better the lives of Nigerians” he should have been made to tell Nigerians how he did it and point to his legacies.

I would, therefore, respectfully advise Nuhu Ribadu to stop touting age because Obama did not do so with Senator John McCain and if he did he would have lost the election because Americans do not take kindly to such comparison coming from the mouth of the candidates themselves. That is the thing with copycats from foreign lands. They see a part of the picture and run with it to tout at home as the whole. Candidate Obama steered clear of that subject even when some were trying to ensnare him by bringing it up to him during interviews and debates because he knew the consequences too well. And since Ribadu is comparing himself with the Presidents and Prime Minister of the United States, France and Britain perhaps he should equally imbibe their campaign decorum and refrain from using age as a prop. It will not work anywhere because voters are smarter than that. Haven’t they seen the disastrous failures of youths in governance just like their older counterparts everywhere in the nation?

But here is the crux of the matter proper: Since each of the candidates save perhaps Ibrahim Shekarau has been mouthing the change rhetoric so loudly it must be dear to their hearts. So why not talk about the substance of the change they have been spouting everywhere? Nigerians are entitled to know the type of change they are talking about. When Buhari talks about change what exactly does he mean? When Ribadu talks about change what is the substance of it? Ditto for Jonathan. This question has become necessary because if we care to find out from these candidates their versions of change we will discover that they are not at all talking about one and the same thing. I have endeavored to distill what Jonathan means from his statement quoted above and would not bother the reader with that again.

To Buhari change might mean replacing the PDP with CPC of which he is the Sole Proprietor. To Nuhu Ribadu change means bringing a “young man” or “youth” to be more precise to replace the “old” guard. Additionally, both Buhari and Ribadu would interpret the replacement of the PDP with a different party at the center as equivalent to change. But that is where their agreement ends. Ribadu would find it hard to believe that replacing the PDP with CPC is change having said at the debate, “I have been in government for the past 25 years, while others have retired in the past 25 years”! That was a direct jibe at Buhari where it hurts most. That statement is loaded. In one broad stroke he is describing Buhari as a spent force who had been around long enough to retire and still in retirement thus implying that he is tired with nothing new to offer. Both age and lack of fresh ideas are loaded in those coded words. Like I said earlier that is not the kind of issues that should be brought up in serious presidential debates and Ribadu goofed badly there. Resorting to age rather than substantive issues shows he has nothing serious to offer himself but trivialities. It’s a shame.

Bluntly put Buhari does not represent change to Ribadu and I don’t know if Ribadu would represent change to Buhari either even though both might agree that replacing the PDP at the center represents change. The point of disagreement is what and who to replace PDP and Jonathan with. If it means replacing the PDP and Jonathan with ACN and Ribadu, Buhari would pointedly reject that as change because he considers Jonathan to some extent, and Ribadu to much greater extent, as both inexperienced, and he said that much during the presidential debates where he touted his extensive experience. Thus it is obvious that change has different meanings to these candidates. It is like a blind man being asked to describe an elephant. Whichever part of it he feels with his hands becomes the elephant as a whole in his description. Change is only change when it brings Buhari and the CPC to power as far as Buhari is concerned. And change is only change when it brings Ribadu and the ACN to power as far as Ribadu is concerned because change is an elephant in the hands of the blind. For the rest of us however change means more than either Buhari or Ribadu getting to power. It means more than sloganeering but something substantive.

Now let’s take one issue that is dear to the heart of Nigerians—Power Supply which came up during the NN24 presidential debate for example. As we know President Goodluck Jonathan has launched his Power Road Map which he and his government are presently implementing rather aggressively with noticeable results even within the short time he assumed power. As reported by THISDAY, “When asked what he would do to fix the epileptic power sector in Nigeria, Buhari said: “We need to put our dams to optimum utilisation. When we are sworn-in, we need to investigate what happened to our national resources voted for this sector between 1999 to this time.”

There in black and white is candidate Buhari’s solution to the power problem that has plagued the nation since independence. Buhari answer to the question was probing the expenditures on power supply since 1999 the very same thing late Musa Yar’Adua did for two years with “nothing to show for it” after assuming power in 2007. Buhari wants to thread the same failed path that brought nothing but pitch darkness to the nation while imported plants and machineries for the power projects were rotting away at the ports. I couldn’t imagine a worse response to that simple question that should have brought out the best in the candidate. It shows conclusively the lack of depth and appreciation of the development challenges facing the nation. Buhari’s answer was a disaster worse than the darkness into which Nigerians had been plunged for decades. 

When asked the same question, the paper reported too that Ribadu only took an opposite tack to Buhari’s. “On power sector Ribadu unlike Gen Buhari said that the blame game is over, rather we should be looking at solutions. He said that at the moment nobody knows who among the six competing interest is in charge of our power sector.” He is right about the blame game aspect that he dismissed out of hand which informed vindictive Buhari’s talk about probe rather than finding solutions as if there had not been enough probes in the past in the power sector under Yar’Adua. With due respect to Ribadu, however, the rest of his response was a non-answer to that all important question. He should at least have said something about generation, transmission and distribution challenges involved and how best to tackle them. That would have shown some understanding of the issues at least. All of these deficiencies raise the dangerous specter of unprepared candidates for the position they’re gunning for. The time to demonstrate seriousness and appreciation of the issues is now not afterwards.

As THISDAY columnist, Simon Kolawole, who claimed to have actually watched the debate would prefer to puts it in his column: Shekarau Sparkles, But Then…“The question on power was actually tricky—what do you want to promise that the government has not tried to do in the last 12 years? The government has been rehabilitating plants; it has injected more money into Mambilla since last year; it has been building new plants (Omotosho, Geregu, Alaoji, Papalanto etc) alongside private sector involvement (Afam, AES); it is diversifying sources (coal). Over all, Buhari and Ribadu did not offer anything new (even the House of Representatives probed the power sector expenditure and nothing has come out of it).”

Well said. But that Jonathan has his plan on ground and he is doing all the above does not preclude his opponents from offering their own plans even if similar to those already being implemented by the Jonathan administration. They could adopt and adapt such plans without crediting Jonathan for obvious political reasons. To not offer anything at all but nonsensical talk about probe is not an option. What in the world are the plans of these two candidates for the power sector? None! When they had the opportunity to present their plans they simply went AWOL ducking for cover with no tangible substance to their responses. Is that the legacy left for us by Chief Obafemi Awolowo, Dr. Nnamdi Azikiwe, Alhaji Tafa Balewa and Alhaji Aminu Kano to come to a debate looking bland and clueless with nothing substantive to offer as policy prescription?

And one has got to ask: Where is the substance of the change promised? Change in the Nigerian context must necessarily be referable to the living conditions of the people that are presently almost sub-human not mere change in the faces of the occupants of the Presidential Villa. Nigerians are not looking for change in tenancy in Aso Rock but for changes in the conditions of their roads and highways; in hospitals and healthcare facilities; in the quality and quantity of educational institutions; in the quality of their living environments; in their economic circumstances; in the availability of petroleum and other products: in the good and quality housing; in public accountability by public office holders; in security of lives and properties as well as in sound democratic practices such as intra-party democracy and free and fair elections rather than mere photo changes in the party occupying Aso Rock because all the political parties are ideologically similar and therefore totally indistinguishable from one another ideologically.  What should distinguish them are their programs and policies as was the case among the UPN, NPN, NPP, PRP and GNPP during the Second Republic. What are the policies are programs of these parties apart from the PDP? By what nomenclatures are they identified? In the Second Republic for example, the UPN was identified with its Five Cardinal Programs and the ruling NPN with its Qualitative Education, Healthcare and Education and Green Revolution. What can we identify ACN, ANPP and CPC with in this dispensation? Nothing but attacks on PDP and Jonathan?

Come on folks, you guys can do much better than that. Nigerians deserve better if you guys are serious about the presidency. And please DO NOT refer us to some hidden manifesto or website. Your programs should have by now become household names not buried in some paperwork on the shelves. We didn’t need to consult any paperwork to know about Yar’Adua’s 7-Point Program or about OBJ’s NEEDS. These things should be in the public domain without much ado by reason and force of their constant restatement by party chieftains at every available forum just like the presidential debate forum offered. 

Since candidate Goodluck Jonathan has launched his plans for power supply which he has begun to implement because he is in power, the least that is expected of the other candidates is to publicly outline their own plans during the debates or at some other public forum for the nation to evaluate. Candidates can’t just show up at the debates and when confronted with questions about their plans for the power or other sector begin to talk about probes and other inanities without presenting anything substantive by way of plans and programs capable of being subjected to analysis and evaluation by the public and the nation for which it is meant. If these candidates continue in this manner in the mistaken belief that merely spouting change rhetoric will deliver the votes for them because Nigerians are not bankers who would ask for specifics, but bundles of ethnic sentiments who are supposed to be stupid, such candidates could be in for the shocker of their lives.

Every Nigerian with a voting card must treat his vote as his capital investment and subject each and every candidate seeking his investment to thorough scrutiny in order to make certain that the candidate knows what he is doing, has a viable investible plan and the capacity to execute them within the timeframe rather than making his investment on blind sentiments. And at all events such evaluation must necessarily involve the determination as to whether or not the candidate in question has held executive or other positions in the past and his records of achievements while holding such position for the past is a mirror of the future because people do not ordinarily change their nature and predisposition overnight except by some life altering happenstance. I don’t know if any of the candidates have suffered such a happenstance to warrant thinking that their essential characters and dispositions have been altered in any way, shape or form. But I could be wrong. 

I might have my political preferences but I’m not here to campaign for any of the four candidates because that is not my duty as analyst. That said, I consider it my duty to make available to the reading public the criteria I’m applying in the evaluation of the candidates that I would commend to the reader because sentimental or blind voting is not good enough on the part of the electorate in the 21st century. Change means more than a slogan. It has substance. Let’s find out the substance of it.  

From the stable of –Cutting-Edge Analytics—More than a Blog, It’s a Learning Experience!

Franklin Otorofani is an Attorney and Public Affairs Analyst.

Contacts: mudiagaone@yahoo.com, https://mudiagamann.wordpress.com/

The Judicature: Its Role, Monitoring & Fumigation—NJC Probe

–Cutting-Edge Analytics–

What is the Judicature? Simply put, it is the organic processes of the state that are concerned with the determination of rights and obligations of citizens and other legal entities within its jurisdiction the physical manifestations of which are comprised in courts of law, tribunals, administrative and judicial panels, and allied institutions related to the administration of Justice.

Let’s proceed to examine the place, role and powers of the Judicature in relation to other branches of government and institutions of state and the means by which Judicial Officers are subject to disciplinary actions in the light of the ongoing probe of certain Judicial Officers by the NJC over certain allegations of judicial improprieties and ethical atrophies.

It is elementary knowledge acquired early in our individual educational careers back in High School especially for those who had the opportunity to read “Government” as a subject, that the Judiciary is the third arm of government coming after the Executive and the Legislature. And that’s why the Chief Justices of states, who are the heads of their respective Judicatures, are generally accorded number three or four position in “Order of Precedence,” in most countries including Nigeria, again coming after the heads of the Executive and the Legislative branches in that order. By virtue of this pecking order, therefore, the heads of the Executive and Legislative branches are recognized first before the head of the Judicial branch in that order, which incidentally is also the order of succession to the presidency in the event of abrupt vacancy.

For those who might want to know why the head of the Judicature is not number one or two in the pecking order, the reason is that the President, Prime Minister, Chancellor or other state leader by whatever designation identified, who is the Head of State or Government and Commander-in-Chief of its Armed Forces naturally occupies the number one position as the head of state or government or both in virtually all the nations of the world. Therefore, the only branch that the head of the Judicature might contend with for the pecking order is the legislative branch, which incidentally is the one vested with the powers of drawing up this pecking order in the first place in alliance with the Executive branch and therefore apt to place itself in the number two position thus making the head of the Judicature to occupy the default position of number three.

Besides, both heads of the Executive and Legislature are either directly or indirectly elected by the people; a situation that tends to confer popular democratic image and legitimacy on their positions, while the head of the Judicature is appointed by both the Legislature and the Executive both of which not only determine who gets what in the pecking order but also the budgets of all three branches of government. The Judicature is not represented at the table in these deliberations even in matters directly affecting it. And that is a huge political deficit. In other words, the pecking order is, to a large extent, arbitrary at least so far as between the Judicature and the Legislature even though all branches of government are co-equals and none of them is subordinated to the order in the discharge of their duties, at least theoretically.  Could the position of the head of the Judicature be significantly improved if he is directly elected by the people rather than appointed by the other arms of government? Most likely, but such proposition carries with it the danger of undue politicization of the head of the Judicature. There are jurisdictions where individual judges are directly elected by the people but not the head of the Judicature itself. The present arrangement would therefore seem alright. After all, of what practical use is the pecking order other than to inflate and massage egos of the beneficiaries of the order?

With this hierarchical structure in place, however, some might be tempted to think that the judicial branch is condemned to playing not a second but a third or fourth fiddle in the national scheme of things. But hierarchical listing could be misleading and deceptive because it does not correctly reflect the relative powers and influence of those organs of state in the polity. Besides, as indicated earlier all three arms of government are co-equals and none is subordinated to the other even though men may place greater premium on the one or the other.

While the judicial arm is the last of the three arms in formal pecking order, it is by no means the least of them. On the contrary, it is primus inter-pares amongst the three arms of government. Now this might sound controversial but it is definitely the case when it is realized that judicial decrees are completely binding on all arms of government including the Judiciary itself, citizens, groups and institutions in the polity, and could in certain cases have extra-territorial effects as well, not otherwise applicable to other arms of government. The Judiciary has the final word in all matters both public and private that are brought before it. And the only way it could be sidelined by the other arms of state is not to bring matters or issues in question before it for adjudication or interpretation as the case may be. But that is next to impossible in a democracy which itself is like a piece of clay in the hands of the Judicature to be molded one shape at a time until it attains a more perfect or desirable form.

It is probably fair to hold in this regard that the development of our democratic culture and institutions depends to a very large extent on the authoritative pronouncements of the Judiciary as a whole on the several democratic issues brought before it. No other institution or organ of state could play this role. This is why its decrees on electoral agency, political parties and the government itself deserve to be accepted for what they are—part of the development process of our democracy rather than being seen as some undue interference by those affected. I have in mind here not the controversial judgments on election petitions but interlocutory orders on INEC and political parties that are being resisted and complained of by those affected. It must be appreciated that such orders are not perpetual but interim and meant to preserve the res in the matter and therefore liable to be set aside at the instance of the opposing parties when eventually put on notice in the normal course of the proceedings. On no account therefore must Judges be cowed or demonized by INEC and the political parties for performing their duties as required by law and the constitution however inconvenient this might be to their own agenda or timetable. All must understand that Judges are doing their job and that goes with the territory. As such, it should be accepted for what it is as important and indispensable part of the democratic process rather than seeking to change the rules through the back door.

Though the Legislature may make laws for the good governance of the nation that are binding on all subjects just like judicial decrees such laws are laws only to the extent that the Judiciary pronounces them to have been validly enacted. Otherwise they are not worth the pieces of paper on which they written and published. In other words, a Bill of the Legislative branch signed into an Act or Law by the president or governor of a state as the case may be, is not an Act or Law until it has been given the imprimatur of the Judicature when challenged in court. It takes the Judicature to put a final stamp of validity on it. Several Acts of Parliament have been thrown out the door by the Judiciary when challenged in court. A recent case that demonstrates the supremacy of the Judiciary occurred in United States with the nullification of the Obama administration’s Health Care Act which the Republicans have vowed to bring down through the courts. This is further demonstrated in Nigeria most recently in the judicial nullification of the First Amendment to the 1999 Constitution by the legislatures on the ground that it was not authenticated by the President of the Republic being an Act of the National Assembly in accordance with the Authentication Act.

In addition to that the Judiciary actually makes laws albeit interstitially and incrementally without at all appearing to do so when it gives its interpretation of judicial enactments. This much has been much recognized in modern jurisdictions and no longer debatable. Every single minute Judges are making and unmaking laws all over the world in their judgments and declarations one case at a time. The laws so made are not called Acts of parliament but bits of provisions carefully and methodically woven in through the crevices of existing laws.

In that sense, therefore, we see the Judicature not only as the interpreter and applicator of the law but its maker as well, which further enhances its supremacy. We see the supremacy of the judiciary demonstrated time and again in the nullification of the election of a slew of governors in Rivers, Edo, Delta, Ondo, Osun, Ekiti and Anambra states to mention but a few, and its reversal of the actions of INEC and political parties. In point of fact, the nullification of the 1993 presidential election won by the late MKO Abiola was carried out through the court because not even the military, the then IBB-led Armed Forces Ruling Council (AFRC), could do the job of annulling the will of the people expressed through the ballots without the help of the Judicature using as it did Senator Arthur Nzeribe’s Association for Better Nigeria (ABN) as its litigant/contractors.

The powers of the Judicature are all-pervading like the powers of the gods and goddesses. For instance, the police may arrest, EFCC may prosecute and the government may bark all it wants, but it is the judiciary that supplies the bite to them all without which all of their hard labors would go in vain. Ask the head of the EFCC, Mrs. Farida Waziri about what the Judiciary is doing to her agency and she will regale you with tales of woes. Her hands have virtually been tied behind her back by the Judiciary.

Ask INEC chairman, Professor Attahiru Jega, the same question and you’ll almost see him in tears; in fact, he has reported the Judiciary to the Judiciary via the NJC to call its members to order! But the problem is that is tantamount to calling on the NJC to unduly interfere with ongoing proceedings in the various courts across the land which is an invitation to chaos and indeed illegal. The appellate system is there to take care of whatever complaints there are. Or, better still, ask the heads of the political parties the same question and you’ll see red in their eyes. But please DO NOT go near the Governor of Ogun State, Mr. Gbenga Daniel to ask him the same question. Don’t say I didn’t warn you if you’re lucky to come back alive and in one piece from OBJ kingdom, for the Governor had underrated the powers of the Judiciary in the hands of a determined, no nonsense OBJ. The old warrior sure knows how to teach the new recruits one or two lessons in judicial warfare even if they happen to be governors. And I hear that the Governor is already in retreat and now pleading for the forgiveness of the war-tested Abeokuta political warrior in an elaborate ceremony of penitence hosted by the generalissimo himself at his expansive Hilltop Mansion. Governor Daniel was vanquished through the deft deployment of judicial arsenal by the OBJ faction of the PDP in his state and the rest is history. His reported total humiliation by the people at Jonathan’s presidential rally in Abeokuta, Ogun state, tells it all. The Judiciary that he probably didn’t reckon with was his undoing as has indeed been the case in other such battles for political supremacy across the land. Those who ignore the Judiciary because it has no “Power of the Purse” do so at their own peril.

It goes without saying, therefore, that the Judiciary is at the center of our social universe—the Alpha and Omega in our national affairs. It is a strategic institution that needs to be carefully tended and nurtured. And watched too! And that is the crux of the matter, because left unwatched it could easily derail with Judges pursuing their individual agenda and politicians seeking to use them to obtain undue advantages for themselves or to undo their opponents and in the process wreak havoc on the polity. As a supposedly and presumably unbiased umpire from which alone it derives its awesome moral authority, the Judiciary projects and interjects itself right in the middle of the territory separating disputants or contestants as the case may be, to impose its decisions and decrees one way or another. Those on whom the Judiciary beamed her smiles have become presidents, governors, legislators, landowners and beneficiaries of some other fortunes, literarily overnight, while those it had frowned upon have hurriedly disappeared from the scene like some phantoms becoming bygone history literally overnight, though with some still kicking even while licking their judicially inflicted wounds.

From the above overarching, and quite frankly, sometimes overbearing profile of the Judiciary in all climes, comes the essentially philosophical question as to what imbues the Judiciary with such enormous godlike powers of life and death over fellow human beings and sister institutions in the polity? Why is the judiciary the ultimate terminator or grantor of life, ambitions, properties, political careers and actions in the polity, and no other institution?  Or, more to the point, why do members of society accept the verdicts and decrees of Judges without question as fait accompli and the end of the road in the pursuits of their rights and privileges with nowhere or no-one else to turn to even when they find themselves short-changed by Judicial Officers who are operating below board?

These are questions properly belonging to the realm of “Jurisprudence,” which is both the science and philosophy of law, and the matters it concerns itself with which form, if you like, the infrastructure of the legal normative order of which the formal rules themselves are but the superstructure, are beyond law itself. However, it is not within the realm of my present pre-occupations to go any farther along that route in a short discourse of this nature (many would not consider this short at all), as it would take an entire book to do justice to the subject and still not be done. But those who want detailed treatise on that subject are encouraged to read the classic by the English philosopher, Thomas Hobbes, the “Leviathan” which defines the state/citizen relationship in terms of “Social Contract” that formed the basis of modern social organization to understand the philosophical underpinnings of that relationship.

It would suffice to state, however, for the purpose of these proceedings that when citizens of a nation or geo-political entity freely and voluntarily give up their natural rights to self-help and agree to live together under a government constituted by men and operated under the rule of law, they have thereby yielded themselves up to the state to be governed by the state under the rule of law and so become subjects of law. All citizens are thereby equal before the law and pledge to obey the law and its decrees whether they are considered just or not in any material particular, for it is not in the place of the subjects of law to pick and choose which laws to obey and which to disobey on grounds of their perceived justness or lack thereof.

The law then is their new sovereign that superintends, as it were, royally and majestically over all men and materials, both animate and inanimate within its territorial and subject jurisdictions. Please do not ask me when did you agree to yield yourself up to the state and be subject to the rule of law, because if you do the answer will be this: when you were born into the political entity having such social contract and thus became citizen of such entity as a minor, but did not give up your citizenship when you attained the age of majority to, in effect, annul the contract. Instead you chose to stay put and enjoy the protection of the state, whether real or imagined.

Don’t you tell me though that you were not aware of the contract in the first place both as a minor and as major not being schooled in such matters, because ignorance of the law is never an excuse otherwise every conceivable felon would claim ignorance of the law for committing crimes. It is the civic duty of every citizen to keep himself abreast of the law or consult those who understand the law before engaging in acts the legal implications of which he does not understand since he is not expected and cannot possibly know and understand everything legal or illegal all by himself.

Therefore, he will not be heard to plead ignorance of the law in allocution when charged with breaking the law. And, by the way, now that you know, you can still proceed to annul your citizenship and go live in the jungle outside the jurisdiction of any state, preferably in the no-man’s land such as Waziristan in Pakistan for example, amongst tribesmen where the rule of law has no place and self-help is the norm, and where man is thus condemned to live in a state of nature where life is short, brutish and nasty. Perhaps you could thrive in such a jungle, for no modern state is without a social contract. But for the rest of us in the civilized world the rule of the jungle has no place in the modern state and we have therefore all yielded ourselves up to the state to be governed under the rule of law in perpetuity and that social contract is equally binding on our offspring unless and until set aside by them upon attaining the age of majority as aforesaid—whoever does. Is it perfect? No. Must it be perfect? No, because nothing is perfect in the affairs of man. All that he strives for is approximation of perfection in varying degrees and that’s what distinguishes one man, group, or nation, as the case may be, from another in human affairs.

Man has thus voluntarily made himself ‘slave’ to the law. Yes, we are all slaves of the law and Judges are our slave masters; from the lowly magistrates to the Supreme Court Justices. Thus while the administration of law spans several institutions, including the police, customs and excise, prisons and security agencies, the Judiciary is where it all comes together for finality. That explains in a nutshell not just the power of the Judiciary but the reason why people abide by its final decisions without recourse to self-help. Thus a man may lose his wife; a woman may lose her husband; a man, woman or nation may lose his office, money, property, land, territory, position, child or even life, to another, because a Judge or group of Judges sitting in some elevated platforms somewhere far removed from the public glare have so decreed.

NOW, ANYONE who knows and appreciates the enormous powers vested in the Judicature in the hands of men to be exercised over their fellow men would readily agree, indeed demand that such powers should not be vested in and exercised by untrained, incompetent, corrupt, partisan, indolent or morally and ethically challenged individuals to wield over their fellow citizens and institutions in order to prevent calamitous outcomes and grave injustice being meted out to innocent but unfortunate citizens and institution who may find themselves trapped in the hands of such individuals. This has been the overarching goal of society for the Judicature.

Unfortunately, human history is replete with evidences of such calamitous and atrocious miscarriages of justice in the hands of corrupt, incompetent, racist, clannish and partisan Judicial Officers, in multitude of cases involving the wrongful but blatant execution of the totally innocent. This is why the Judicature must be staffed with the best and brightest, the most hard working, competent and proven men and women of integrity to do what is essentially the work of God. Only those individuals who have demonstrated utmost integrity in their fields and whose sole motivation in life is the dispensation of justice without fear or favor should be recruited to serve on the bench because their services go beyond the mundane to the divine and the sublime. Those sitting in judgment over their fellow human beings are exercising godlike powers and must therefore be above board at all times, shunning extra-judicial influences wherever they may come from and that necessarily includes social restrictions in order to avoid getting themselves into awkward or embarrassing social situations that might compromise their judgments.

Judges are not meant to be seen or heard except in official or family gatherings. They’re not meant to ply the social circuits like ordinary men but live more or less like hermits to a greater or lesser extent. Do they have social live? Yes they do but in selected circles. What do they get in return for such personal deprivations and sacrifices? Respect and adulation bordering on awe; adequate protection, superb compensation package and conditions of service, and much more!

For the most part they are immune from politics and partisan warfare and personal attacks suffered by their peers in public service. Unlike other public office holders in the other two branches of government, Judges hold their offices for life and retire with full benefits. The goal is to shield and protect them from undue pressure from the public and vengeance from those who might seek to harm them because of unfavorable judgments. In certain climes such as the United States for example, Judges have been known to have been murdered in cold blood, some shot dead right in their courtrooms while holding hearings.

With these provisions in place why would a Judge indulge in corrupt practices on the bench? Why would he betray the trust of the people to do justice in cases before him? It goes back to the earlier postulation that human affairs are incapable of perfection no matter what. And for all their godlike dispositions Judges are first and foremost human beings too just like us ordinary mortals and therefore capable of being compromised and corrupted. Society recognizes this cardinal weakness of man as an imperfect being who cannot be left to his own devices and whose conduct must therefore be subjected to detailed rules in order to maintain certain minimum standards of official conduct throughout the realm. While such rules are by no means peculiar to Judicial Officers theirs are uniquely different from those of other cadres of public office holders. Therefore, in order to make certain that judicial appointees are not below but above board, their official duties are governed by clear set of rules. It is not just a matter of moral expectation but one of legal requirement for Judges to be above board at all times. And in cases where their personal or group interests are involved in matters before them they’re required to voluntarily disqualify themselves from sitting in judgment in such matters.

In Nigeria as in many other countries, whether democratic or autocratic, Judicial Officers are made to subscribe to a special code of conduct which is termed “Judicial Code of Conduct”. The Preamble to this code captures vividly the concerns of society and her expectations regarding the character and disposition of Judicial Officers. Reproduced below for ease of reference is the Preamble as well as relevant provisions of the nation’s Code of Conduct for Judicial Officers:

Federal Republic of Nigeria

Code of Conduct for Judicial OfficersWhereas an independent, strong, respected and respectable Judiciary is indispensable for the impartial administration of Justice in a democratic State:

And whereas a Judicial Officer should actively participate in establishing, maintaining, enforcing, and himself observing a high standard of conduct so that the integrity and respect for the independence of the Judiciary may be preserved.

And whereas the judicial duties of a Judicial Officer, which include all the duties of his office prescribed by law, take precedence over all his other activities:

And whereas it is desirable that standard of conduct which a Judicial Officer should observe be prescribed and published for the information of the Judicial Officer himself and the public in general so that the objectives set out in this preamble may be achieved:

Therefore, this Code of Conduct for Judicial Officers of the Federal Republic of Nigeria is hereby adopted.

The above represents the general expectations of society and the Judiciary itself from Judicial Officers in the discharge of their duties as well as the proper role of the Judiciary as a whole in democratic state. Following the Preamble are more detailed and comprehensive provisions (Rules) designed to guide and aid Judicial Officers inside and outside the court room. Again for ease of reference they are reproduced below:

Rules

In the performance of his duties, a Judicial Officer should observe the following rules;

Rule 1

A Judicial Officer should avoid impropriety and the appearance of impropriety in all his activities

1. A Judicial Officer should respect and comply with the laws of the land and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the Judiciary.

2. Social Relationships

(a)    A Judicial Officer must avoid social relationship that are improper or give rise to an appearance of impropriety, that cast doubt on the judicial officers ability to decide cases impartially, or that bring disrepute to the Judiciary.

(b)    A Judicial Officer shall not be a member of any society or organisation that practises invidious discrimination on the basis of race, sex, religion or ethnic origin or whose aims and objectives are incompatible with the functions or dignity of his office.

Rule 2

A –  Adjudicative Duties

1. A judicial Officer should be true and faithful to the Constitution and the law, uphold the course of justice by abiding with the provisions of the Constitution and the law and should acquire and maintain professional competence.

2. A Judicial Officer must avoid the abuse of the power of issuing interim injunctions, ex parte.

3. In judicial proceedings, a Judicial Officer should maintain order and decorum.

4. A Judicial Officer should be patient, dignified and courteous to accused persons and litigants, assessors, witnesses, legal practitioners and all others with whom he has to deal in his official capacity and should demand similar conduct of legal practitioners, his staff and others under his direction and control.

5. (i)    A Judicial Officer should accord to every person who is legally interested in a proceeding, or his legal representative full right to be heard according to law, and except as authorised by law, neither initiate, encourage, nor consider ex-parte or other communications concerning a pending or impending proceeding.

(ii)    For the purpose of this sub-rule. An “ex-parte communication” is any communication involving less than all the parties who have ‘a legal interest in the case, whether oral or written, about a pending or impending case, made to or initiated by the Judicial Officer presiding over the case.

6. A Judicial Officer should promptly dispose of the business of Court. In order to achieve this, the Judicial Officer is required to devote adequate time to his duties, to be punctual in attending Court and expeditious in bringing to a conclusion and determining matters under submission. Unless ill or unable, for good reason, to come to court, a Judicial Officer must appear regularly for work, avoid tardiness, and maintain official hours of the court.

7. A Judicial Officer shall endeavour that there is strict compliance with the provisions of the Constitution which require that a copy of judgement of the superior court of record be given to parties in the cause within seven days of the delivery thereof.

8. A Judicial Officer should abstain from comment about a pending or impending proceeding in any court in this country, and should require similar abstention on the part of court personnel under his direction and control. This provision does not prohibit a Judicial Officer from making statements in the course of his official duties or from explaining for public or private information the procedure of the court provided such statements are not prejudicial to the integrity of the Judiciary and the administration of justice.

9. A Judicial Officer shall be bound by professional secrecy with regard to his deliberations and to confidential information acquired in the course of his duties other than in public proceedings.

10. A Judicial Officer should prohibit broadcasting, televising, recording of or photographing in the court room and areas immediately adjacent thereto during sessions of court or recesses between sessions in order to prevent the distortion or dramatisation of the proceedings by such recording or reproduction. A Judicial Officer may authorise:

(a)    the broadcasting, televising, recording or photographing of investigative and other proceedings;

(b)    the electronic recording and reproduction of appropriate court proceedings by means of recording that will not distract participants or impair the dignity of the proceedings.

B – Administrative Duties

1. A Judicial Officer should diligently discharge his administrative duties, maintain professional competence in judicial administration and facilitate the performance of the administrative duties of other Judicial Officers and court officials.

2. Judicial Officer should require his staff and other court officials under his direction and control to observe the standards of fidelity and diligence that apply to him.

3. A Judicial Officer on becoming aware of reliable evidence of unethical or unprofessional conduct by another judicial officer or a legal practitioner should immediately take adequate steps to report the same to the appropriate body seized with disciplinary powers on the matter complained of.

4. In the exercise of his administrative duties, a Judicial Officer should avoid nepotism and favouritism.

5. A Judicial Officer must refrain from engaging in sexual harassment.

6. A Judicial Officer shall not be a member of a tenders’ board or engage in the award of contracts.

C – Disqualification

1. A Judicial Officer should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to the instances where:

(a)    he has personal bias or prejudice concerning a party or personal knowledge of facts in dispute;

(b)    he served as a legal practitioner in the matter in controversy, or a legal practitioner with whom he previously practicsed law served during such association as a legal practitioner concerning the matter or the Judicial Officer or such legal practitioner has been a material witness in the matter;

(c)    he knows that he individually or as a Judicial Officer or his spouse or child, has a financial or any other interest that could be substantially affected by the outcome of the proceeding;

(d)    he or his spouse, or a person related to either of them or the spouse of such person;

(i)    is a party to the proceedings, or an officer, director or trustee of a party;

(ii)    is acting as a legal practitioner in the proceedings;

(iii)    is known by the Judicial Officer to have an interest which could be substantially affected by the outcome of the proceedings.

(iv)    is to the Judicial Officers knowledge likely to be a material witness in the proceedings.

2. A Judicial Officer should inform himself about his personal and fiduciary financial interests.

3. For the purpose of this section –

(a)    “fiduciary” includes such relationships as executor, administrator, trustee guardian;

(b)    “financial interest” means ownership in a substantial manner of a legal or equitable interest or a relationship as director, adviser or other active participation in the affairs of a party except that;

(i)    ownership in a mutual or common investment fund which holds securities is not a financial interest in such securities unless the Judicial Officer participates in the management of the fund

(ii)    an office in an educational, religious, charitable or civil organisation is not a “financial interest” in securities held by the organisation;

(‘ii)    the proprietory interest of a policy holder in a mutual savings’ society or similar proprietory interest, is a “financial interest” in the organisation only if the outcome of the proceedings could substantially affect the value of the interest;

(iv)  ownership of government securities is a “financial interest” in the issues only if the outcome of the proceedings could substantially affect the value of the securities.

To complement the Judicial Code of Conduct is the Judicial Oath administered on all judicial appointees prior to their assumption of office as contained in the Sixth Schedule of the 1999 Constitution again reproduced below for ease of reference:

I, …… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme Court/President/Justice of the Court of Appeal/Chief Judge/Judge of the Federal High Corut/Chief Judge/Judge of the High Court of the Federal Capital Territory, Abuja/Chief Judge of …… State/Judge of the High Court of …… State/Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of Appeal of …. State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of ……… State. I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law, that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria

So help me God.”

Note: I have gone to these great lengths bring out these provisions buried in statute books and thus hidden from the public in order that members of the Nigerian public might better appreciate the issues we are dealing with and to understand that our laws are not lacking both in form and substance when public office holders like judicial officers decide on their own volition to undermine the integrity of their offices and institutions. Rather what is lacking, in my opinion, is the aggressive enforcement of these rules by those charged with the responsibilities of doing so, which might be due to ignorance on the part of members of the public or the unwillingness of their counsel to report erring Judicial Officers to the appropriate authority for investigation and punishment.

Now, can we say in all honesty that the High Priests of the Nigerian Judiciary today have been true to their Judicial Code of Conduct and Oaths of Office when the NBA has revealed that over 80% of Nigerian Judicial officers are incompetent according to study carried out by the NJC itself? Can we truly say that of the Nigerian Judiciary when judges presiding over election petition cases are proven to have been engaged in telephone conversations and having social engagements with parties to the cases before them in flagrant violations of their Judicial Code of Conduct? Can we say that when the man who once probed the Judiciary during previous military regime, former Supreme Court Justice, Kayode Eso, has openly come out to proclaim the Judiciary as viscerally corrupt and stinking with judges becoming billionaires from ill-gotten wealth from parties in cases before them? Or can we, for that matter, say that when many Judges have in fact been dismissed from the bench on proven grounds of corruption and other judicial malpractices?

No, we cannot if we’re true to ourselves and our country. If we cannot honestly say that Judicial Officers in Nigeria, what is the basis then of swallowing the verdicts delivered by them, hook, line and sinker as the final word on the issues?  Put starkly, if judicial verdicts are now products of financial and other unwholesome inducements, why should any party to such cases accept such verdicts in the first place? Would it not be tantamount to acquiescing in judicial misconduct for any party to accept such verdicts as the final words on their cases? Surely, it would amount to such and no citizen should be seen to encourage or otherwise acquiesce in the corruption of public morals including the Almighty Judiciary of all institutions. Moreover, acquiescing in judicial misconduct robs the parties of their rights to equitable reliefs down the road because equity does not come to the aid of the indolent and the complicit or those who had condoned the very acts they are complaining about in the first place.

But the matter does not stop there. What should such parties caught in the mill of judicial corruption or improprieties do in the circumstances? Should they resort to self-help which they had given up earlier in the beginning in our social contract? Or, should they ignore the judgment altogether while seeking other extra-legal means of overturning it? Or should they simply walk away and let sleeping dogs lie leaving the matter in the hands of the Almighty Himself? These are no easy questions. But the long and short answer to these questions is that the aggrieved parties must use all lawful means to set aside such corruptly procured judgments because doing nothing and accepting the status quo is as noted above tantamount to upholding egregious illegality and wanton corruption of public morals. Such victims are not without remedies legal and/or equitable.

How do they go about doing so? Here is how: The law, knowing the weaknesses of men had long anticipated such scenarios and made adequate provisions to take care of them as and when occasions demand as we have now in Nigeria. Therefore, while the Judiciary might be final arbiter in all matters as aforesaid, the Judiciary itself has an inbuilt self-cleansing mechanism that subjects its erring members to severe sanctions including dismissals and the setting aside of corruptly procured judgments. And as noted earlier, many Judges have been summarily dismissed from service through the years even in the present dispensation far more than in any other organs of government due to petitions received, investigated and their findings acted upon by the relevant authorities as it’s again happening presently. However, this process must not be ad hoc but ongoing as a matter of routine because since men have learnt to shoot without missing the birds have learnt to fly without stopping, (My apology to Professor Chinua Achebe).

In the present cases before us the victims have not sleep on their rights to legal and equitable reliefs but have been admirably quite proactive in flooding the NJC with their petitions whether it is about election petition cases or about INEC and political parties complaining about allegedly conflicting ex-parte orders. However, the dismissal of erring Judicial Officers still leaves open the question as to what happens to their corruptly influenced judgments and decrees? Dismissing a Judge who had corruptly deprived a state governor, parliamentarian, local government chairman or landowner of his office or property and appointed another in his place as the case may be, is cold comfort to the individual who has suffered such grave injustice. What happens to his office or property is the next question that must necessarily be dealt with because that is the crux of the matter. It makes no difference dismissing the erring Judge while still losing his office or property to an impostor masquerading as an “elected” Governor, courtesy of a corrupt Judge or panel of Judges. That would do extreme violence to our democracy because judicial rigging of elections is no less pernicious and condemnable than rigging at the polling booths or collation centers.

The good news is that individual victim is not without a remedy because wherever there is a wrong committed there is a remedy available to the victim. The Supreme Court, Court of Appeal, High Courts and indeed all courts of records have at all times inherent powers to review corruptly procured judgments at the courts below them as part of their portfolios of both legal and equitable jurisdictions upon appeal by aggrieved parties from the decisions of the lower courts. And this is so whether or not the Court of Appeal or other court is the final arbiter as provided for in the Electoral Act, because corruption being, by all necessary intendments, a vitiating factor against such provisions of exclusive jurisdictions.

Paragraph 21 of the Third Schedule of the 1999 Constitution sets up the National Judicial Council to deal with such matters highlighted above. And it has as provided in subparagraphs 21 (b), (d) and (g) thereof, the powers amongst others to:

b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;

(d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers.

(e) collect, control and disburse all moneys, capital and recurrent, for the judiciary;

(f) advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;

(g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;

Where it is proved, for instance, that a judge had engaged in unethical practices in relation to cases before him such as socializing with litigants in such cases or their friends or relatives, that could be a ground for reversing the verdicts delivered by such a Judge or panel of Judges and remit the case back to court to be retried by a different Judge or panel of judges as the case may be.

Thus is not only when money was proved to have actually changed hands that such disciplinary actions could be taken against erring Judges as could be seen from the elaborate provisions of the Code of Conduct for Judicial Officers. Proven unethical conduct is enough to undo a Judge and his verdicts because in all cases justice must not only be done but seen to have been done. Therefore any appearance of extra-judicial influences or unethical conduct on the part of a Judicial Officer is enough to ground his judgments and decrees and throw him out the door. The test is both objective and subjective.

Would a litigant have faith in the verdict of a Judge in his case if it came to light that the Judge was caught socializing with his opponent in the case especially where the verdict went against him? No reasonable man in the position of the litigant would have faith in such a verdict. That, precisely, is what has been happening in the Nigerian Judiciary particularly with respect to the election petitions. Litigants who felt shortchanged by the Court of Appeal have been inundating the airwaves with their shrill cries of injustice, and have taken their cases to the Nigerian Judicial Council, NJC, for review. In response to the slew of petitions the NJC had queried a number of Judicial Officers implicated in such judicial misconduct, notably Justice Ayo Salami and his special band of Judges used for election petitions at the Court of Appeal and incidentally, the CJN himself, Justice Katsina-Alu, who, ordinarily, is the head of the NJC, but has admirably stepped aside to enable the body carry out proper investigation since he cannot be a judge in his own cause.

It would be recalled that Justice Salami had in his court affidavit accused the CJN of pressuring him not to sack the Governor of Sokoto State in the gubernatorial petition from that state. That suit arose out of his refusal to be promoted to the Supreme Court as recommended by the NJC of which he is part and parcel. It would be recalled also that while the CJN responded to the one query issued him by the NJC on account of Salami’s allegation Salami himself has snubbed all queries issued to him by the NJC. Please don’t ask me what that means because I don’t have the answers to that question. But don’t worry. The NJC will supply it later, hopefully, if all goes well with the probe.

Now, both of them will have to be probed together with other Justices of the Court of Appeal over their roles in the election petitions before the court. That the heads of the two highest courts in the nation are under probe is the best thing to have happened to our democracy, because if properly handled, the probe will hopefully reveal the rot in the judiciary and help to restore the people’s faith in their Judiciary once again. It is gratifying to note in this regard that the current probe will be far reaching and by no means limited to these cases but to all pending petitions before the NJC. This, as noted earlier, should have been the case from the beginning as a routine not ad hoc.

Why make a retired former head of the Court of Appeal the head of the probe panel to probe a sitting head of the Court of Appeal and his former colleagues with whom he had been closely associated in the past even if officially? That part is beyond me and I find it a little troubling. Ideally, the head and members of the probe panel should have been sourced from outside those two institutions since both the CJN and PCA are the subjects of this probe. Retired Chief Justices of the Federal and State High Courts should have been the ideal candidates for membership of the panel. This, as noted earlier, is to prevent the appearance of favoritism or institutional loyalties, which might color their disposition to the parties and issues at stake. The constitution of the panel shouldn’t leave any lingering doubts in the minds of members of the public as to their impartiality which is critical to their assignment. It is not a matter of proof but one of appearance of partiality as indicated in the Judicial Code of Conduct itself. No such reasonable doubts should be allowed to exist in the minds of reasonable members of the public. It is a matter for regret that this critical requirement appears not to have been taken into account in the constitution of the panel. Other than that I have no reason to doubt the personal integrity of the members of the probe panel.

To the members of the probe panel, however, must be told that Nigerians are watching their proceedings with keen interests given the hoopla that these matters have generated which goes to show how super-sensitive matters of justice are to all of humanity. They have been asked to help cleanse the Augean stable and not to desecrate the Temple of Justice any further by indulging in partisanship, favoritism or other form of unethical conduct the likes of which they have been asked to probe knowing as they do that the Judiciary is the bedrock of our democracy. The Nigerian nation has been blessed with a great and distinguished Judicature that is well respected all over the world, manned by great legal minds that are exported to other African nations to help develop their Judiciaries. That is a fact, not wishful thinking. The nation has first class legal minds that have brought her nothing but honor and pride and she will do well to keep it so. The house built by such giants as Taslim Elias, Chukwudi Oputa, Adetokumbo Ademola, Kayode Eso, Fatai Williams and other such judicial greats must not be allowed to be destroyed by some Lilliputians donning wigs and gowns.

It’s their burden duty, therefore, to help in the hardening of this bedrock rather than chipping at it from the edges as their unscrupulous colleagues have been accused of doing lately. This is because, the nation, the world’s largest black democracy deserves nothing less than a first class Judiciary and she will get nothing less. Isn’t time someone thought about the nation first before self, tribe, politics and other considerations? Well, that time is here. Nigerians do not care whether the CJN or PCA or both go down if found wanting at the end of the probe. Why should they? Let the facts speak for themselves when ferreted and placed in the public domain for public review for their approval or disapproval as the case may be, because the verdict of the people is the ultimate even though it may not have institutional backing.

But I tell you what, it could have Divine backing! That the NBA is on a parallel probe is also encouraging in at least beaming the searchlight on the Judiciary sufficiently to expose its corrupt innards even though I had expressed reservations in the past that the NBA probe might not have any bite to it not having the statutory powers to discipline Judicial officers like the NJC and since its heads are members of the NJC. But it sure could expose corruption in the Judiciary having members who are themselves active players in the corruption game, acting as they are as veritable conduits of ill-gotten wealth to Judicial officers.

These probe engines should be humming non-stop on all cylinders. And if I were the governor of Ekiti or Osun state I would be looking furtively over my shoulders by now to see what’s coming at me from the clouds. In an earlier post titled, “No Tears for Justice Ayo Salami” posted about a month ago, I had said the same exact thing in different words when Justice Salami was huffing and puffing over his elevation to the Supreme Court, which he had called “Greek Gift” and vowed to fight it. And he did fight it with a law suit, prompting the NJC to withdraw his name from the list of candidates recommended. His praise singers including Tinubu’s ACN and the usual Lagos crowd went to town salivating and claiming victory. But I knew better than to see that as victory because of the avalanche of petitions against him pending before the same NJC. Anyone who had his head sitting roundly on his neck would have known that Salami’s unsubstantiated but calculated outbursts against the CJN and by the extension the Supreme Court itself in the Sokoto case would not go unanswered given the very weighty allegations against him. It seemed to discerning members of the public that he was only fighting back with his political allies to intimidate the CJN as it’s their usual stock-in-trade.

Would the allegations against him be swept under the rug just because Salami was crying blue murder over his promotion? I didn’t think so and I saw his day of judgment coming. In fact, I saw his day of judgment coming a long, long time ago in a steady stream of write ups which my readers would readily testify to and would therefore not bother the reader to recount here. My Gosh, the day is here already, faster than I had thought possible in the Nigerian clime! Well, good to know somebody is doing his job in Nigeria after all. Things appear to be changing for the better, one institution at a time.

Could my prediction be coming to pass then? What do I fancy myself to be—a Nostradamus? Am I in the business of predictions? 0h, no! Please count me out. I’m just a poor analyst doing my own thing in my little corner across the great Atlantic Ocean reading and analyzing trends as best I can with no gift of the prophets. And if my predictions or “projections” happen to come to pass in the process as many have indeed become, including but not limited to the “projected” failure of the Northern Political Leaders Forum (NPLF) in its consensus gambit and the abandonment of Abubakar Atiku by his colleagues in that game when all is said and done; the adoption of Jonathan by Ndigbo and APGA Governor Peter Obi of Anambra State as well as the Yorubas in the South/West and the Middle-Belt; and take this, Jega’s failure at INEC, so be it. All of these were predicted, sorry projected, when Jonathan had barely indicated his interests in the presidential election in the face of PDP zoning arrangement that was once thought to have excluded him and more have come to pass. But I’m no prophet!

I take no joy in the misfortune of my fellow man. However, justice must be done in all cases of wrong doing and if justice demands that erring Judicial Officers be let go to sanitize the Judiciary so be it. Could Justice Salami join this growing list of fulfilled projections? It is increasingly appearing so. I had severally called for his probe over his role in the election petitions even before his stupefied victims had recovered from their shock and summoned up the courage to file their petitions against him. And this was so even before he owned up in an interview that he had a special judicial squad in the Court of Appeal to handle election cases on appeal and the discovery of his MTN phone records.

But this is not about me. It is about the quality of justice dispensed by the Judiciary in Nigeria and the betrayal of the people’s trust. As a citizen, I see it as my civic responsibility to raise these issues at the time I did before everyone else and at time the beneficiaries of judicial improprieties and their army of supporters and well-wishers including the so-called Human Rights groups in Nigeria were applauding the judiciary to high heavens for upturning election results right, left and center on behalf of favored candidates ostensibly to recover their “stolen mandates.”

Now we know better, don’t we, that all that glitters is not gold? And that’s why analysts like us do not go with the flow but take their time to dig beneath the surface and subject issues to critical analysis. Is it a difficult thing to do when the whole world is salivating over judicial victories against a despised ruling political party like the PDP? You bet it is. It is like swimming against the currents. But our labors have not altogether been in vain and our efforts have been well worth our time. Haven’t we been vindicated by these probes already? Where are those who were jubilating and lauding the Judiciary to high heavens for delivering corrupt judgments to their favorite candidates and political parties and calling for Maurice Iwu’s head on account of corruptly procured judgments against election results declared by INEC under him which they lampooned endlessly? We don’t seem to hear much from them these days and their camps have suddenly fallen into the silence of graveyards. Could those results be valid after all on proper judicial scrutiny by more competent and impartial panel of Judges? How are Messrs Tinubu and Femi Falana and the whole Lagos crowd reacting to these grave revelations against Justice Salami and his panel? We don’t hear from them either, which is strange. They owe a duty to themselves and the nation to speak out and speak out now before it’s too late, because this is not about partisan politics but the administration of justice in the nation. Shouldn’t they as “the conscience of the nation” be interested in these matters? I should think so.

We’re not doing this for the benefit of any particular political party or individuals but for posterity and the nation. What do I care who rules where provided he is up and doing delivering the goods for the people which he was elected? And that’s why I’m a fan of Governor Tunde Fasola of Lagos State though he belongs to Tinubu’s ACN that I find nauseating, reckless and a bundle of propaganda machine in the polity that is at the heart of what has been happening to the Judiciary lately. Party labels mean nothing to me in an ideologically bereft political clime. Any performing public office holder whether he/she be the president, governor, minister, commissioner or head of a government agency or corporation, is my hero or heroine as the case may be, regardless of his or her party affiliation. And I hope this is true also of every Nigerian as well, because party labels are a complete distraction in the Nigerian situation.

If, as I and others have held that all the political parties in Nigeria are, in late Bola Ige’s words, the fingers of the same leprous hands, on what other objective standard do we prefer one party to another other than on individual performance of public office holders? Would it be on the basis of ethnicity, geographical region, personalities, qualifications, promises or antecedents? I understand these are matters for further deliberations and will therefore not proceed with them any further here. The probe has begun in earnest and the nation awaits its outcome within the next three months. Whatever comes out of this at the end of the day, one thing is clear: The Judiciary will never be the same again and the next batch of election petitions will be handled a little more professionally and competently with less extra-judicial influences from the outside. And perhaps it will afford the likes of Justice Ayo Salami who has refused promotion to a higher bench a chance to retire in shame or pride with his head bent down low or raised high rather than going to the Supreme Court to do more damage or good to our judicial heritage. He is already a tainted Judge and head of the Court of Appeal. I think he should go by the strength of his own confession and his MTN telephone conversation alone without more unless they are proven to be untrue.

I take no sides in these matters until the verdicts are out. Let the facts speak for themselves and the chips fall where they may. It’s the least my readers and members of the public would expect from an analyst of my caliber and I offer no more and no less.

From the stable of –Cutting-Edge Analytics—More than a blog—It’s a learning experience!

Franklin Otorofani is an Attorney and Public Affairs Analyst.

Contacts: mudiagaone@yahoo.com, https://mudiagamann.wordpress.com/

Taming the Beast of Corruption Holistically: Twin Propositions for the Ballot in the General Elections

 

–Cutting-Edge Analytics—

Let me state from the outset that the word “Taming” appearing in the heading of these proceedings has been advisedly and deliberately used to indicate that the affliction of corruption, much like every other incurable human affliction cannot be totally eliminated in any human society. It can only be tamed and managed as it were through a cocktail of prescriptions and that would, of course include legal, moral and ethical remedies, which readily lend themselves to enforcement, for no human conduct can be amenable to prohibition or sanction, that which cannot be readily enforced by the society or community in which it is considered a moral or ethical hazard worthy of prohibition and sanction.

And this being in recognition of the fact that any untoward conduct indulged in by individuals or groups, such as for example, prostitution or unnatural sexual deviations practiced by the sexually depraved or mal-adjusted in the comfort of darkness far removed from the censorious eyes of the public cannot be totally eliminated without eliminating the individuals or groups concerned as the case may be. As such, our efforts as a nation should be directed not at the impossible for the total elimination of corruption and graft but at the possible for the reduction of corruption and graft to their barest minimum possible so far as our collective will and resources would permit since all are of the same mind that such a goal is noble and salutary and therefore much desirable even if some do so only by their lips rather than by their hearts.

Even so the great task of moral rearmament is not made any simpler by the ey ther than their heartsn of corruption and graftlic domainlenge. rent the fabrics of our moral universe straintsitxtreme individualism imposed by the quartet of capitalism and democracy so much cherished and thus decreed by the Western world  at the expense of the collective; and pervasive urban anonymity and the information superhighway which has flung wide open the gates of hell in which communal and societal moral restraints have been loosened or deactivated by default allowing for unrestrained and unspeakable immoral indulgences that rent the very fabrics of our moral universe.

It, therefore, behooves men and women of goodwill to rise up to the challenge of our age and save civilization from self-destruction by redrawing in bold reliefs the boundaries of public if not private morality especially in third world nations like Nigeria, for no progress can be made by nations in the vice-grip of corruption. Dealing with corruption must therefore be seen as our first order of business that should and must take precedence over and above all things. This great challenge must be executed not only by defining what is permissible or not in the public domain but scrupulously enforcing it because left to his own devices man is as much an immoral as he is a moral being, having the capacities for both in roughly equal measures. And in the absence of deliberate restraints imposed on man immorality is apt to take a firm hold on the affairs of man bringing him nothing but misery in ruination.

The reader might ask: why should I concern myself with these matters not being in public service or in some position of authority to advise the nation in this manner. What is the benefit in this for me when men of religion and authority have given up on this or have otherwise joined the gravy train? My answer to such inquiry would be this: it is because I’m concerned with the utter desecration of public morality which is patently un-African and not worthy of bequests to our children and grandchildren that I have taken on these matters. It is the civic responsibility of good citizens to promote the public good by speaking out against any and all evil that might bring harm to the society in the hope that in the very act of speaking out some citizens laboring on the fringes of public immorality might turn away from it and find better and more wholesome directions to apply themselves for the common good.

Perhaps it is fitting to acknowledge in passing in this connection also that this essay was in part inspired by a reader who had gone through one of my writings on corruption in the Judiciary titled: Nigerian Judiciary Reinvented as the Ultimate Rigging Machine, which he had described as an “eye opener” for revealing the rot in the judiciary with particular reference to the judicial malfeasances being perpetrated at the Court of Appeal headed by the embattled Justice Ayo Salami in relation to election petitions. Those steaming revelations bordering on corrupt and unprofessional practices on the part of certain Justices of the Court of Appeal in relation to questionable verdicts delivered on election petitions have since become public knowledge, laying bare to public odium the presumably unimpeachable temple of justice. Thus the hitherto unimaginable and unfathomable desecration of the House of Justice by the very judicial officers who had sworn to uphold and maintain the sanctity of the temple had come to this reader as a shocker and “opened” his eyes to the fact that no state or public institution in Nigeria is immune to the ravages of corruption in the body politic. As such, he advised a more holistic approach to the treatment of the malaise, which accordingly has informed the choice of the title of the present deliberations.

Now, if we dare to examine the anatomical features of corruption in Nigeria, what we will find is a body whose major organs have been deeply infested with the corruption virus. Metaphorically, the Nigerian nation is a walking corpse kept alive with breathing machines provided with petro-dollar. Cut off the supply lines and the body will be headed for the morgue the next seconds, not next minutes. So long as oil flows in the pipelines from Niger Delta so long will corruption find a warm and comfortable home in Nigeria unless and until such a time that the people themselves rise up as is presently happening in the Arab world and the Middle East to deal with the situation squarely. It is past time for the people to do it themselves rather than waiting for state agencies charged with the responsibility of dealing with the malaise when they themselves are wallowing in corruption. Who is going to probe who? Who among them would be the first to cast the stone?

Is it wise and prudent for the people to wait on the Nigerian Police to fight corruption when the police establishment itself is the very definition of corruption? It’s like waiting on the Devil to do battle with evil. Those who are waiting or counting on the police to do the job are part of the problem itself because such expectation smacks of sheer ignorance and naivety. Pray, is the Nigerian police force capable of policing itself let alone others? Is it capable of professionalism in the first place like their counterparts in other parts of the world? Do Nigerian police officers see themselves as professionals or as extortionists or unofficial tax collectors? Do the words “honor” and “selfless service” apply to them in their duties?  I doubt they do. Send a Nigerian police officer to investigate a case of graft or fraudulent misappropriation and he winds up aggressively looking for his own cut with his boss expecting his own “returns” on his investment rather than bringing the culprit to book and make a name for himself and his agency, because as they say in Nigeria in Pidgin English “Nobi name I go chop,” meaning he would not serve a good name on his dinner table for his family to eat when he comes back home. Therefore he must bring some bacon home to his family. And you wonder whether our policemen and women are volunteers without paychecks or fulltime public workers with full pay, life insurance and pension benefits along with other perquisites, including several allowances not otherwise available to other cadres of public servants. Are they getting enough? You bet they are not. But who is getting enough in the public service?

Nobody is getting enough. Should that be reason enough to engage in corruption and graft as our policemen and women do as their second nature? The answer is absolutely no. It shouldn’t and must not be. Corruption must never be justified on the basis of poor salaries because there are millions of fellow citizens without jobs. Should they be justified then for taking to crime of robbery and kidnapping because of joblessness? That would be dangerous logic. Are police officers giving off their best in equal work for equal pay in the first place as their counterparts elsewhere? In other words, do their overall performance and productivity justify their paychecks and the other pecks in the first place? You bet it is not. Yet they want to take extra bacon home to their families through criminal activities of extortion and other means.

What about anti-graft agencies specifically set up to sidestep the notoriously underperforming police establishment? Not much of a difference either because its hands have been tied with judicial ropes. Petition the anti-corruption agency in Nigeria and the next thing you hear is a court injunction served on the agency forbidding it from howsoever investigating, arresting, prosecuting or in any way, shape or form interfering with the free movement of the suspect pending the determination of the substantive matter before it.

With such an order the table is turned against the anti-graft agency and the suspect’s suit becomes the “substantive matter” while the petition before the agency becomes a secondary or if you like “un-substantive matter” overnight. Need I add that the “substantive matter” is never determined but adjourned endlessly through all manners of frivolous motions calculated to defeat the cause of justice thereby leaving the suspect to enjoy his loot ad infinitum while the agency is eventually frustrated out of the performance of its statutory duties? When you hear the EFCC chairperson, Mrs. Farida Waziri, crying out about her frustrations by the judiciary, that is precisely what she is crying about.

But who would listen to her when the courts are supposed to be doing their job in our constitutional order? Who would ask judges not to perform their duties when approached by individuals accused of corruption to intervene on their behalf on grounds of alleged improprieties or illegalities supposedly perpetrated by the anti-graft agency in seeking their arrest and prosecution? The courts have a duty to intervene when these allegations are made before them by suspects or accused persons and it doesn’t matter whether the allegations are calculated to defeat the cause of justice or not as is indeed the case. That would be determined by the courts in the end, which in our case, could mean eternity, long enough for the suspects to contest another election and become a governor of a state, or president of the nation legally and constitutionally fortified with immunity from prosecution. And that’s reason why corruption trials in Nigeria drag on from one election cycle to another until the suspect either dies, flees, or contests and wins election to another office making it practically impossible to prosecute him and bring him to justice. Such is the pathetic state our judiciary has been reduced by the power of corruption in Africa’s largest democracy.

While this judicial roller coaster is going on, however, somebody is smiling his way to the banks in the in meantime. All that a public officer accused of corruption needs do is to reach out to the judge handling his case either through his lawyers or some third parties, which I would describe as professional “judicial lobbyists” and settle him and the lower officers below him. Chikena! All would be well with him and his house.

And you want to know, is the bribing of judicial officers not a very serious crime? You bet it is. Why would a man accused of one crime of corruption proceed to commit another more serious crime of bribery and perversion of the course of justice on top of the first one? Well it takes crime to cover up crime! Does it make sense to you? But why would a judicial officer sworn on oath to administer justice without fear or favor be complicit in the desperate actions of a felon to get him off the hook through the commission another crime? Well the answer is, no one is really interested in the abstract notion of justice in Nigeria but interested in what they can get out of the system for themselves, their families and friends using their privileged positions in government. For the most part public service is in reality private service in Nigeria.

And you want to know more: Why would such a judicial officer be allowed to remain on the bench till retirement to make complete mockery of the administration of justice in any nation that some are even resisting promotions to higher offices for fear of losing control of their prosperous judicial empires? Well this is not any nation. This is Nigeria where corruption could be described as a way of life regardless of Nigerians’ profession of religion. It’s a nation seemingly aspiring to become the world’s corruption super power with no equal on the globe. And each time some other nation tries to test its power it violently reasserts itself as the numero uno of global corruption. If in doubt please check out Transparency International’s CPI for more details.

What is even more galling is the fact that 99.99% of all judicial officers and politicians in Nigeria belong to the two dominant Christian and Islamic faiths that absolutely abhor corruption in their teachings. It is interesting to note that both religions came to our shores to talk about the evils of sinning and eternal damnations and succeeded in destroying our traditional religious, moral and ethical heritage only for them to become breeding grounds of public immorality. Anti-graft religious injunctions means absolutely nothing to the adherents of these religions in public service even as they go about plastering their religions on their foreheads for men to see in public while they proceed actively in the dark of night to undermine the very basis of their faiths. Like the Pharisees who went to great lengths to exhibit publicly forms of religious piety while neglecting its substance, so are Nigerian politicians belonging to the two faiths mentioned above. Such is the pitiable state of the anti-graft war that it has barely made a dent.

In a sense the profusion of corruption and its several outgrowths has been aided and abetted by foreign religious implants that do not seem to have any effective sanctions against the vice at least in the now rather than in the hereafter. Before the advent of these religions the stealing of public funds was anathema in what later became Nigeria, from the village to the national level. There was hardly any community in Nigeria that celebrated corruption the way it has become since then. No one entrusted with the public purse ever dipped his hands into it and got away with it because traditional sanctions were not only potent but self-executing.  All the huge undertakings involved in investigating, apprehending and prosecuting culprits with the elaborate judicial rituals did not apply. The thief himself or herself was compelled by forces beyond him or her to confess his/her misdeeds and bring him or herself forward for sanctions. Apart from paying dearly for it his and his family’s name would forever live in infamy from generation to generation.

Today, however, the reverse is the case. Corrupt individuals are now social celebrities and have become role models for the youths and upcoming generations. Now even our people have lost their moral compass and have joined in the celebration of corruption such that good people who take up public service and return without much loot to display before them are regarded with disdain. It’s a tragedy of monumental proportions that young generations of Nigerians know nothing virtuous, noble and honorable than being bred in the pit of corruption by public office holders who flaunt their ill-gotten wealth in their faces. Public service has been turned into a huge corruption mill churning out its pestilential products to contaminate both old and young and lay to absolute waste our traditional values. How is it that one man out of over 150 million Nigerians would appropriate what belongs to the collective in billions of naira and be allowed to have it for keeps to enjoy while the man who steals a chicken to feed his hungry family is allowed to rot in jail with his family condemned to eternal misery? What manner of society is that? Is that where our moral compass leads us? Such a society had better not exist than exist to promote and perpetrate this grave injustice on the weak and defenseless amongst us while the rogues and the strong go scot free.

When you hear of serving governors, senators, congressmen and women, celebrities, business moguls and money men being aggressively prosecuted, convicted and sent to prison in the countries like Britain, Japan, Germany and the United States for example it is to send a clear message that the law is no respecter of persons and the guilty would be dealt with no matter his or her status in society whether he is a Madoff, Congressman Charles Rangel, Senator Stevens of Alaska, Jefferson or whoever happens to cross the path of the laws of the land because everyone is equal before the law not in theory but in practice such that even sitting president Bill Jefferson Clinton was not spared. But he was not investigated and prosecuted by his own AG but by an Independent Counsel, Kenneth Starr. I shall deal with more of this later in my propositions.

A curse has been placed on the nation that must be exorcised if only for the sake of our children whose moral upbringing must be made whole again. Nigeria must deal with official corruption the same way it would deal with a health epidemic that is killing and maiming her citizens. But I’m afraid the conventional tools that have been applied so far will not suffice to do the job of fumigating the field of this national pestilence. Everywhere you turn in Nigeria one is greeted with the long arms of corruption stretched out and itching for financial and other forms of gratification; from the airports to the seaports; from the classrooms to the courtrooms; and from the courtrooms to the boardrooms; from hospital labor rooms to consulting rooms; from police stations to gas stations; right down to the office messenger who wouldn’t lift a finger to move a file unless and until his palms have been sufficiently greased.

Pray, where would I start and where would I end? Do I start from the rotten lawmakers in all the nation’s parliaments, state and federal, who pad their budgets with systemic loots in the name of appropriation bills? Should we start with university teachers who sell grades to the highest bidders or for sexual gratification? Do I begin with the executive where presidents, governors, ministers, local government chairmen and their advisers indulge in unbridled waste and contract padding to rob the nation blind in the name of budget implementations, which, more often than not never see the light of day? What about our houses of worship with Pastors and Imams joining the millionaire clubs? Only the other day I read in the papers (The Sun) about a Pentecostal church in Nigeria now charging elaborate fees in thousands of naira for all forms of spiritual service rendered to its members with tithe pegged at 10% of net income. So-called men and women of God defrauding their own church members in the name of rendering “spiritual service” which is nothing but prayers! How much did Jesus Himself charge for rendering spiritual services to his flock while he was alive? Pray, how are they different from babalawos that they spend their lives denouncing?

We have seen in Nigeria appropriated but unutilized funds which ought to be returned to the treasury to be ploughed back and re-budgeted for the next fiscal year disappearing into thin air. People are indicted, but as usual, none is ever held accountable. A case in point is the billions of naira recovered from the former IGP, Tafa Balogun, by EFCC under Nuhu Ribadu now a presidential candidate that the National Assembly committee on EFCC has reportedly been unable to trace to any federal account till date, prompting the committee to invite Ribadu for questioning. And that is the EFCC that is purportedly prosecuting the nation’s anti-graft war!  How could a nation with even a rudimentary accounting system be unable to account for billions of naira recovered from a corrupt Inspector General of Police? Is there no paper trail or the whole transaction was done under the table with Ghana-must go outside the regulatory or accounting framework? How is that possible?

Perhaps I should begin with the judiciary that has been turned in a bazaar with justice put on sale and going to the highest bidder. When judges and lawmakers begin to join the billionaire club and aiming to make the Forbes’ List of world’s richest men and women as is obviously the case in Nigeria, then it is time to step back and say, “Enough is enough.” When a supposed anti-corruption agency like the EFCC that ought to lead by example could not account for billions recovered from corrupt individuals then it is time to do a fundamental rethink of the modus operandi of the anti-graft war that the nation claims to be waging. How could we claim to be fighting corruption when corrupt and indicted rogues are walking freely in the streets and picking up INEC forms to get back to power and steal some more? How could we claim to have zero tolerance for corruption when our people organize grand receptions for the likes of Bode George, Joshua Dariye, Alami Alamiesegha and James Ibori, who had been convicted or accused of corruption practices?  How could anyone take such a nation seriously?

It is clear that we have not even begun to tackle this monster, seriously. Tackling this beast of corruption requires not just the EFCC fanning out from the center to the periphery chasing down rogues in power who know every escape route in the system particularly through the equally corrupt judiciary and could laugh EFCC to scorn but through a complete set of tools.  As things stand today EFCC is systemically castrated by the judiciary, which corruptly procured interlocutory orders it’s bound to obey in consonance with the rule of law, regardless. That is the debilitating bind EFCC has found itself and it’s a no-win situation. And that’s reason enough why the anti-graft war cannot be won with corrupt judicial officers superintending over it.

But the frustrating factors go even beyond the judiciary to the executive itself where politicians hold sway. Politicians cannot effectively police politicians because they are all in the game and have similar considerations to make when reviewing cases involving one of their own except when they’re on a vengeful mission. Other than that nothing much can be expected from them when dealing with fellow politicians. This was amply demonstrated by the former AGF Akaase Aondoakaa whose tenure witnessed the utter castration of the EFCC through his office having oversight over EFCC.  An AGF who is in bed with corrupt officials could easily use his office to frustrate the anti-graft war. But for Aondoakaa James Ibori and other corrupt ex-governors marked down for prosecution under Ribadu would have been cooling their heels in jail.  But Aondoakaa was not acting alone as his own master. He had a master in the man who appointed him into the office and that’s the president. He was carrying out his master’s brief with strict instructions not to touch certain individuals no matter what, and if those individuals had been touched before he assumed office, he owed it to his boss and to himself to enter a plea of nolle prosecui on their prosecution. And so Aondoakaa proceeded to do just that against ex-Governors Orji Uzor Kalu and James Onanefe Ibori. Where he could not due to public outcry, corrupt judges took over from there to attain the same goal while the government was busy proclaiming from the rooftops its “zero tolerance for corruption”. And so it was that an Asaba High Court Judge had no compunction discharging James Onanefe Ibori of all charges! Yes, a Nigerian judge gave an unrepentant rogue whose accomplices and wife had been convicted by London court and shielded by a corrupt administration from extradition to face trial a clean bill of health. A corollary of this is the unhelpful attitude of the opposition members who rise to protect and fence off their own members caught with their hands dripping with the oil of corruption. Whenever and wherever a member of the opposition party is indicted by the EFCC on corruption allegation it is quickly put down as political victimization and persecution of the opposition by the president without ever addressing the charges involved which are conveniently swept under the carpet. The case of the indictment of the former governor of Lagos State, Bola Tinubu for allegedly maintaining several accounts abroad while he was governor contrary to the code of conduct law exemplifies the propensity of the opposition crying wolf where there is none. The prosecution of Tinubu for allegedly maintaining foreign accounts while he was governor contrary to the laws of the land is being put down and deliberately misrepresented as “political persecution” by the ACN. Yet the same ACN would be foaming at the mouth with joy at the prosecution and conviction of its political opponents, such as happened to Bode George of the PDP, who was a thorn in its flesh in Lagos state. The ACN is doing the same with the allegation against Justice Ayo Salami, moving aggressively to shield him from investigation and possible prosecution. Such double standards are not helpful to the anti-graft war and show ACN operatives as hypocrites. Thus the opposition has been complicit in undermining the effectiveness of the anti-graft war for political reason.

Coupled with these debilities is the Nigerian press that has not been very proactive in exposing corruption in high places which it has conveniently blamed on non passage of the FOI Bill as a cover. You don’t need FOI to carry out each and every investigation to expose corruption in official circles. No, you don’t and its non passage cannot be used as an eternal or permanent excuse for sleeping on duty in the face of the high level corruption and other forms of malpractices going on in the polity. I’m not here to lecture anyone but suffice it to state that once serious allegations have been made publicly a window has been opened for the press to get its foot in the door and expand that opening with discreet investigation to get to the bottom of it as a public service. For example, it shouldn’t have taken this long for the press expose Justice Ayo Salami for using a special squad in the Court of Appeal to do his dirty work. The pattern of the judgments delivered by that special squad and the complaints from its victims should have been enough to have raised a red flag to warrant discreet investigation on the part the press. But no, not the Nigerian press that was more interested in celebrating the contrived misfortunes of the PDP than doing its professional job of holding the balance and getting to the truth of allegations made by the victims.  The corrupt elements in society have succeeded in exploiting to the hilt the very notion of the rule of law with its concomitant demand for obedience to court orders. Should we advise the anti-graft agencies to ignore court orders because they are corruptly procured by thieving public office holders under the pursuit of the law? No, for that would be open invitation to anarchy. What should we to then as a society to bring the corrupt to justice? It’s by putting our thinking caps on and devising some other means of tackling the problem without undermining the rule of law but enhancing it. With such in-built systemic obstacles on the way of the anti-graft agencies, how in the world would the anti-graft war be won? Let’s not deceive ourselves. We are not fighting corruption. We are massaging it.

Nigerians knew when the nation was serious about fighting corruption. That was some three years ago under the Obasanjo administration when Nuhu Ridadu was in charge of the ground operations. He may have been brash and rash as charged by the opposition but he was effective and the name EFCC sent shivers down the spines of corrupt elements in society and Ribadu was their nemesis. Not so anymore with Farida Waziri whose very looks and carriage show her more as a nun in prayer moods than a war general gearing for battle. One of President Jonathan’s greatest mistakes was not to bring Ribadu on board to complete the job he had begun even if somewhat tempered by the strictures of democracy and the rule of law. He has no business being in the presidential race with the ACN of all parties. Waziri is as harmless as a dove and that is the image she conveys to the public domain. She does not instill fear in the minds of would-be kleptomaniacs as was Ribadu. But then this is beyond EFCC and to that which must be done I must now turn for more detailed deliberations.

Proposition One

When Nigeria is ready to fight corruption here is what she should do to win the war and win it, not temporarily but permanently. Here is how: The anti-graft war should be run on a parallel institutional track outside of the present institutional structures. What does that mean? It means in practice that the present judiciary as constituted should have absolutely nothing to do with it.  How so? It should be run on parallel judicial track whose judges should not be appointed by the government but elected by the people directly at periodic intervals. Judges sitting over corrupt cases must not be appointed but elected directly by the people and directly answerable to the people with their funding being first line items on budgetary estimates and entirely controlled by their secretariat or bureaucracy as the case may be. The goal is to secure their absolute independence from any of the three arms of government, namely the executive, legislature and the regular judiciary. If you like, call it the fourth arm of government.

But how do we insulate such judicial officers running on parallel tracks from politics and corruption? Here is how: It’s by making any proven affiliation with existing or past political parties or their chieftains a ground for disqualification of any candidate putting himself forward for the position during elections. No connection whatsoever must exist between existing or past political parties and their chieftains and candidates running for the position of judicial officers on this parallel track. This is essential in completely isolating such judicial officers from pursuing political agenda or being otherwise sympathetic to the fortunes of political parties in the course of their duties.

Would that in and of itself insulate them from corruption? Not being beholden to political parties whether ruling or in opposition would significantly insulate them from partisan considerations but not necessarily from graft. While self accounting and financial independence will go a long way in reducing incidence of financial inducements the ultimate check is the people themselves who would have to judge at election time whether the judicial officer concerned coming for re-election has performed satisfactorily or not and therefore deserve to have a second term or voted out of office. And the fact of their lack of political affiliation makes that determination extremely easy on the part of the electorate, for the people would not have to give sympathetic party line votes to retain an underperforming judicial officer seeking re-election. Besides, the secretariat must be made to periodically furnish the public with information regarding its activities for public assessment of same.

To this end, a special law enforcement unit must be trained and deployed for the service different from the regular police. The overarching objective is to completely insulate the anti-graft war from the frustrations and inefficiencies associated with the regular law enforcement institutions such as the police, EFCC and the courts. Jurisdiction of the courts should be limited to graft and corruption involving huge sums of money by public office holders as may be prescribed in its enabling laws and its decisions shall be appealable not to the Court of Appeal but directly to the Supreme Court for final determination.

Proposition Two

To complement this parallel judicial track it is proposed to create the office of “Ministers of Justice” at both federal and state levels that should be separate and distinct from the present set up of Attorneys General and Ministers of Justice who are totally beholden to the executive branch. This would be more like the Independent Counsel in the United States but made permanent and fully fledged rather than having it in an ad- hoc manner on as-needed basis as it is in the US. What I’m recommending is a permanent institution not only at the federal but at the state level to deal with matters of corruption and graft which is different from the Independent Counsel in the US called in to investigate particular matters against the executive and then disbanded when it’s done never to be seen again until something else turns up.

On the contrary Ministers of Justice would be permanent conscience of the nation and serve as veritable custodians of our public morality and public accountability. That would be a role that is different and distinct from those of attorneys general. One should not be confused with the other. Attorneys general represent the government when sued and defend public institutions from private suits and they also prosecute criminal and civil matters as well in addition to being legal advisers to their respective governments and their agencies. Attorneys-General should remain what they are as part of their respective cabinets to defend the government or the public in court but Ministers of Justice should operate outside of the cabinets of sitting administrations to insulate them from executive influences and so be in a position to bring to justice both members of the executive, judicial and legislative branches who might run foul of laws relating to corruption and graft.

As things stand today the AGs both of the states and federation cannot bring their bosses to justice and in fact beholden to them and their political interests. That is not a level playing field and a great obstacle to the administration of justice. If the president or governor does not want to prosecute their AGs hands off! If they want to persecute their AGs get hands on and get themselves engaged in carrying out their dirty works. They engage and disengage at the whims of their bosses who could get away with murder literarily. That is not by any stretch of the imagination a healthy environment for the administration of justice in any nation. It’s a system weighted in favor of executives that effectively shield them from prosecution in addition to their immunity.

On no account therefore should the president, national or state assemblies and state governors be allowed or given a role in the making or unmaking of Ministers of Justice as herein proposed. Only the people in direct election should have and exercise the sovereign power of making and unmaking Ministers of Justice both at the Federal and state levels to do the people’s business of bringing crooks to book without looking over their shoulders.

EFCC or these other interventionist outside bodies should be disbanded forthwith since they are beholden to and vulnerable to the schemes of corrupt political office holders who use them to dress windows. That no one is in prison for corruption in Nigeria in spite of our claim to fighting a war on corruption and in the face of billions of naira developing wings and taking to the air in broad daylight testifies to the fact that if ever there was a war on corruption it has indeed been lost a long time ago. No thanks to the present timid and complicit judicial system that is aiding and abetting corruption and graft and indeed part of the corruption cottage industry as recent developments have shown conclusively. That is why these recommendations for a parallel judicial system exclusively devoted to fighting graft and corruption deserve a serious look. While a federal Minister of Justice handles matters of corruption and graft relating to the federal government and its agencies, the state Ministers of Justice would be in charge of such matters at the state and local levels. What applies to judicial officers regarding political affiliation of candidates for that position equally applies to this position and need not be repeated here. This way these officials would be completely immune from the government of the day. This no doubt requires constitutional amendment to bring into effect including but not limited to the provisions that vest all criminal prosecutions and the power of discontinuing same on the office of the Attorney-General of the state or federation.

However, in the event that such Ministers of justice fail to discharge their duties as expected, they will have to face the electorate with records of their stewardship when they are due for re-election. And if the people put such non-performers back in power through their votes they have no-one but themselves to blame for rewarding indolence and non-performance. Nothing in these propositions should be interpreted as preventing or prohibiting either the National or State Houses of Assembly from inquiring into the activities of the Ministers of Justice in respect of general or particular matters for the purpose of getting clarifications in any material particular without being answerable to them in the discharge of their duties but for the purpose of disclosures only as may become necessary in the interest of the public in addition to public briefings.

A Parallel system of administration of justice has become critically important and necessary given the frustrations, inefficiencies, lack of specialization, sluggishness, undue politicization, political influence and, quite frankly, the avalanche of cases pending at the regular courts, all of which have conspired to render the anti-graft war a non-starter and will remain so unless and until something drastic is done to put a bite in the war.

We cannot claim to be fighting a war without taking prisoners or inflicting casualties on the enemies. Or we don’t have enemies to deal with? If yes, who and where are they? Are they in the streets or in the prisons? If no, then we should forthwith disband EFCC and ICPC now and get this present charade over with because we deceive nobody but ourselves. Pray, what manner of war is it we claim to be fighting—a war of words? That belongs to the realm of politics not administration of justice. Let’s get serious…and we will be taken seriously by the world including Transparency International (TI)—and posterity will be happy with us too!

From the stable of –Cutting-Edge Analytics—More than a blog—It’s a learning experience!

Franklin Otorofani is an Attorney and Public Affairs Analyst.

Contacts: mudiagaone@yahoo.com, https://mudiagamann.wordpress.com/

Presidential Elections: Opposition Candidates Lounging in Hibernation?

 

–Cutting-Edge Analytics—

With the conclusion of the party primaries in which the presidential candidates of the various political parties were either elected or adopted as “consensus candidates” as the case may be, and with elections barely two months away in April, it doesn’t require much political wisdom to expect that the candidates would hit the ground running in their electioneering campaigns to sell themselves and their programs to the electorate. After all, elections are all about the candidates and their development programs in relation to the others.  

Thus it is not enough to develop blueprints and go to sleep on them. The blueprints must be presented and sold to the electorate because competition is the operative word in a multi-party democracy. And electioneering campaigns are the most viable and time honored means by which candidates interact with the electorate which thus affords the electorate the opportunity to assess the competence and suitability of the candidate and his development blueprint for the particular office he’s competing for while at the same time affording the candidate the chance to market himself and his programs to the electorate.

It’s a symbiotic relationship and a two-way traffic that benefits both parties to the bargain. And that’s why campaign rallies have stood the test of time in all democracies and no democracy can do without them least of all the candidates themselves. Traditionally, campaigns involve physical presence of the candidate at rallies where he is seen and heard and interacted with in flesh and blood by the people. And while modern multi-media props have readily come in aid of political campaign operations as adjuncts, there is as yet no diminution in the value of the traditional form of campaign rallies which remains the hallmark of political campaigns regardless of the several intrusions of modernity.  

However, while political rallies are undoubtedly the lifeblood of electioneering they are understandably very expensive and time consuming unlike the modern multi-media intrusions. While, for example, a candidate could toss a 10-second television sound bite or one-page newspaper ad at the electorate while he goes to bed, a campaign rally requires not only his physical presence but huge resources and logistics to put together, and the payoffs could be well worth it in the end. There is no question that interacting with the electorate at a personal level in flesh and blood has huge benefits for the candidates rather than some cold, impersonal television, internet or newspapers ads arrogantly and impudently tossed at them with reckless abandon. There is nothing more galling to the electorate than absentee candidates who would hide under television and newspaper ads to reach the people with his message. It is disrespectful and impolitic on the part of the candidate to refuse to climb down from his Olympian heights to meet with the people whose votes he so badly needs to get him office desired.

In a country as big as Nigeria it would undoubtedly take an enormous amount of time and both physical and mental resources from the candidates and their parties to cover the entire field if they want to do serious campaigns to sell their candidacies to the hard-to-sell, hard-to-please, skeptical Nigerian electorate, which had been let down time and again with unfulfilled, sugar coated promises of el dorado by unconscionable politicians out to feather their own nests. And that alone would advise the candidates and their respective parties to hit the ground running as soon as the candidates emerged from their nominal conventions without wasting time. By way of comparison, it takes candidates between 3-4 months in the United States to do the job from the time of their nominations depending, of course, on their party primaries, which could be drawn out like it happened between Barack Obama and Hillary Clinton where Obama eventually prevailed and was nominated on August 28th 2008. But he was followed closely by his opponent, US Senator McCain’s nomination by his Republican Party on September 3rd 2008 for the November 4th 2008 presidential elections at the Republican Convention in St. Paul, Minnesota, even though McCain had, in point of fact, emerged earlier as winner long before Obama.

However, and this is the point; right from the very day of their respective nominations both candidates hit the ground running. In fact, their presidential campaigns were launched on the day of their nominations at their party conventions rather seamlessly; no tarrying, no foot dragging, no dithering. Everything seemed to have been pre-positioned to kick off their presidential campaigns using both traditional and modern tools; including but not limited to rallies, public debates, television appearances, talk shows, interviews, public lectures, political ads, internet solicitation and, of course, the “ground game” itself, with “mop up operations” carried out through phone banks, mailings and knocking on doors by party foot soldiers. Yep! It’s all in the ground game!

The whole world watched how this played out live. While candidate Obama was drawing huge crowds at rallies all across the country, McCain, at 72, threw himself into the ring crisscrossing the nation with his, you guessed right, “Straight Talk Express” bus countering Obama’s “Yes, we can” slogan aided by his pesky Alaskan petrel and vice presidential nominee, former Governor Sarah Palin, who was hauling insidious and diabolical verbal missiles at Obama, which have become her trademarks till date.

However, while many of these tools are available in Nigeria they may not all be applicable or utilized for the campaigns for the simple reason that every democracy has its own democratic culture and campaign styles. However, the traditional political rallies, media advertisements and grassroots mobilization are universally applicable, with huge rallies being the foremost and the most effective of them all as indicate earlier. 

Politics is not a game for the faint hearted. It consists of grueling political fireworks for the gritty, sharp witted and unflappable individuals who believe whole-heartedly in their missions. And that should be clearly demonstrated by the candidates themselves and never assumed by the people. Therefore, candidates who want to be taken seriously by the electorate should first of all demonstrate seriousness in their campaign profiles and activities. It’s not enough to sit in some cozy office somewhere issuing bland statements, attacking INEC or conjuring up rigging scenarios calculated to undermine the credibility of the results of yet-to-be-held elections. People just can’t sit back, relax in their couches and expect to win elections by some other means necessary, fair or foul. That is dubious and unconscionable. And the nation cannot afford to wait on tardy candidates and their parties, which in and of itself is evidence of their unpreparedness and ipso facto, lack of capacity to lead the nation. Rather it is the other way around. It is the candidates and their parties that wait on the nation not the nation waiting on candidates to get their acts together when the whistle has been sounded by the nation through the electoral agency, the umpire, to begin the ground game.

Could you imagine a referee in an athletic competition sounding the whistle and some of the athletes complaining that they are not ready to go and expect the referee and the spectators to wait on them, and if they refuse to do so turn around to complain of being rigged out of victory and head to court to litigate their claims? It’s never done. But that precisely is what has been happening in Nigeria where opposition candidates wait on the ruling party to campaign and win elections only for them to head to court to complain of rigging and in some cases have actually succeeded in hoodwinking the nation with their propaganda.

It’s perhaps only in Nigeria that these things happen where the courts have become the electoral umpires themselves. The fact of the matter is those who are not ready have already lost the game even before it begins. It is as simple as that and I can imagine that happening in Nigeria in the April elections. While previous elections have not been perfect I don’t belong to the clan that shouts “rigging!” from their bedrooms when it is clear as night and day that the opposition had been sleeping at the wheel throughout the campaigns as it is doing today. And I don’t care how loud they scream about rigging and all that crap.  Elections are not won by propaganda on pages of newspapers and television screens but through hard work on the ground known in my neck of the wood, as “the ground game”. Is the Nigerian opposition into the ground game today? The answer is an absolute no and in my part of the world, that spells electoral defeat. No two ways about it!

 And that verdict shouldn’t surprise anyone who understands the vocation of politics, which has rightly been described as “war by other means” in which the contenders must be seen to be competitive and well matched as though in a boxing, wrestling, or soccer tournament. And there is even more to it: Politics is not just a game of entertainment like athletics, it governs our lives both as individuals, groups and nation, without which nothing, absolutely nothing moves in modern societies. Therefore, only the very serious who are ready, willing and have the requisite capacities and wherewithal to do the heavy lifting involved need show up as presidential candidates; complete with their programs and campaign plans to hit the ground running when the moment finally arrives, not pretenders or those who have no business being in the field of play in the first place. From the nomination to the election everything should be pre-planned by the parties rather than adopting ad-hoc methods while limping about in crutches. And that’s why parties and candidates have plans “As” “Bs” and “Cs” and even “Ds” in some cases to take care of surprises or exigencies that might be flung in their way in the course of their preparations.   

It’s unfortunate that unlike athletics where only the very best and proven materials are fielded, politics, particularly in Nigeria, has become an all-comers game at the gubernatorial and presidential levels where charlatans and Lilliputians press their claims against real contenders and thus make a complete mockery of the elections. What, for instance, is Pastor Chris Okotie and his so-called “Fresh” Party doing in presidential elections in Nigeria when they cannot even win a local council seat anywhere in the country? What has being a pastor of a Pentecostal church got to do with presidential elections? Kris Okotie was there in 2007 and he couldn’t win even the ward his church is located. He’s symptomatic of the caricatures that have emerged from mushroom candidates and political parties purporting to vie for the presidency of the greatest black nation and democracy on earth.

And those with the capacities including intellectual and physical resources to contend in the field of play have gingerly and earnestly stepped forward to launch their campaigns as and when due. It is common knowledge that Mr. President and the PDP presidential candidate, Goodluck Jonathan, has been on a campaign binge since he won his party’s nomination. Since then he has been traversing the length and breadth of the country to sell his candidacy to the various regions and peoples of the country with no let up. So far he has taken his electioneering campaigns to the six geo-political zones in the country and in addition to twelve states the latest being Delta and Anambra States. 

Though he’s the president having the advantage of incumbency which the opposition candidates are signally lacking, with considerable goodwill throughout the land in virtually every geo-political region of the country, he has nevertheless thrown himself into the campaigns headlong without taking anything for granted given the needlessly contrived controversies surrounding his candidacy. Though he’s the president bearing the heavy load of governance on his back, attending to state duties, he has nevertheless found time to traverse the length and breadth of the nation leaving nothing to chance and interacted with Nigerians from all walks of life at huge rallies across the land. This is what is required not just of Jonathan but of all the presidential candidates at this time with elections around the corner; no more, no  less, because to whom much is given much is expected. People cannot sleep on their presidential nominations and expect to wave some magic wand that would take them to the presidency on the cheap.

In throwing submitting himself to the electorate, however, Jonathan seems to have taken advantage of an open field where there appears to be no competition against him. He has competitors alright, at least theoretically, but none of them is in the field of play at the moment and he seems to be the only player in the field with his opponent seemingly nipping at his feet from the sidelines. For reasons that are hard to fathom, all the opposition candidates seem to have totally yielded the field to Jonathan who has been bestriding it like a colossus without a fight, not even a challenge. This must be extremely puzzling to political watchers to the extent that Tony Anenih, former PDP BoT Chairman, PDP’s Women leader, Hajia Inna Ciroma and the acting Chairman of the party, Bello Haliru Mohammed, have all called out the opposition whom they have accused of willful indolence in separate statements.

 The PDP chieftain are pointedly accusing the opposition parties of doing nothing to win votes and awaiting the PDP to do all the campaigning to win the forthcoming elections and then run to court to allege rigging and claim victory through the back door via the judiciary. It is not altogether difficult for one to align himself with these accusations given what the ACN has been doing with the judiciary, which this writer had long been crying about and the nation is now finally coming to grips with, with the brewing Justice Ayo Salami scandal.

Why would it take such taunting from the PDP for the opposition candidates and their parties to wake up from their slumber? Why should they be begged, cajoled, persuaded or mocked before they launch their campaigns nationally for the presidential elections in the first place? What are they waiting for? What else would they be doing but waiting on the PDP to campaign and win and then head to the Court of Appeal headed by Ayo Salami to allege irregularities and challenge the results declared by INEC in the hope of gaining power through the back door?

It’s an open field out there but we see only one player in the field and that is odd, to say the least. Why no presidential candidate wants to contest the field with Jonathan at this time beats me hollow.  Buhari is busy manipulating gubernatorial candidacies in his one-man CPC and having running battle with Muhammed Abacha in Kano who had won the gubernatorial primary but single-handedly substituted with Buhari’s favorite who is an ex-general, compelling Abacha to go to court to reclaim his victory and duly recognized by INEC. But Buhari wouldn’t take it. He struck back demanding reversal of Abacha’s recognition by INEC. When INEC would not bulge at his dictatorial fiat he is crying foul at INEC and accusing the body of hidden agenda.

Rather than launch his presidential campaign with rallies as Jonathan is currently doing Buhari is engaged in petty bickering and has only succeeded in launching a website and asking Nigerians to go see it and vote for him because, according to him, he represents change. Oh, really? I thought he was part of Nigeria’s despicable past leaderships, first as former Head of State and secondly, as Sanni Abacha’s trusted right hand man, who was chairman of Petroleum Trust Fund which had been rightly accused of pursuing a sectional agenda in its development activities that favored his part of the country to the detriment of other parts, including Niger Delta that produced the oil in the first place, even though one Tayo Akpata from Niger Delta was the powerless Secretary of the PTF.

By the way for those too young to know this because it is a long time ago, the PTF was Abacha’s slush fund that was outside the nation’s budgetary surveillance and it was almost equal to the nation’s budget. Abacha and Buhari alone had access to the PTF operating outside the budget and answerable to none. Like the Egyptian army, Buhari was running a parallel administration in the PTF under Abacha and answerable to Abacha and Abacha only. Today there are no enduring legacies of the PTF with its constructed feeder roads washing out with the first drops of rains especially in the southern parts of the country. Trillions of naira that were poured into PTF were washed away with Buhari’s makeshift earth roads and clinics executed in the name of development. Yet Buhari fancies himself incorruptible and the change candidate in Nigeria.  He is entitled to his delusions and Nigerians are entitled to their opinions of him as well. One who could substitute a winning candidate with a losing candidate in a party primary cannot claim to be incorruptible. And one who managed trillions of naira in an intervention agency as the PTF with nothing to show for it but earth roads and makeshift clinics cannot claim incorruptibility or competence either.

And if Buhari has worthy legacies with PTF, why is he shying away from launching his campaign and beat his chest about his legacies? Let him come out and point to any landmark achievements that the nation can see, touch and feel. Where are the monuments to Buhari’s leadership? And what exactly is preventing Muhammadu Buhari from campaigning like Jonathan is doing? Is it because he is so popular in the country that he doesn’t need to campaign? Or is it because he has victory in his pocket already? I don’t get it. I will not go into other areas of Buhari’s legacies including WAI and the dehumanization of Nigerians it had brought and, of course, his infamous Decree 4 which sought to protect corrupt public officials from the press through which journalists were jailed. The long and the short of it is that Buhari is no change candidate, but part of the old order that the nation is only now beginning to put behind her through the fresh team of Jonathan/Sambo. And once a dictator, always a dictator and it shows! Any wonder he found good company in the late Sanni Abacha, the maximum ruler in whose death Nigerians were jubilating in the streets! At a time dictators are being thrown out in parts of the world, who would wish another dictator on Nigeria?

On his part, Nuhu Ribadu, the ACN candidate, is having a running battle with the sole proprietor of ACN, Bola Tinubu, over the choice of his running mate, which is unfortunate because unlike Buhari, Ribadu represents a change. True to character, Tinubu wants to impose his own nominee which Ribadu has reportedly rejected out of hand pleading that he should be given a free hand to choose his running mate. Doesn’t that sound reasonable and prudent? Tinubu appears to have a different agenda altogether by planting a mole in a potential Ribadu presidency that he could later use to undermine the president. That is the truth of the matter that has torn the ACN apart with Tinubu men reportedly threatening Ribadu of undisclosed repercussions should he run against Tinubu’s wishes. Who is Tinubu? A dictator or godfather? You bet he is both! But he accuses others of the same thing. He fancies himself the Emperor of Lagos and has sought to extend his territory to the entire South/West including even to Ondo state ruled by the Labor Party whose governor he has reportedly threatened to dethrone for refusing to decamp to the ACN to extend Tinubu’s reach.

Thus Ribadu’s party had been engrossed in a simple matter as choosing a running mate that it has no time to plan its presidential campaign. All that has been seen so far other than verbal salvos fired by its talking head, Lai Mohammed, at both the PDP and INEC, was the so-called symposium it organized with some hired talking heads pontificating to themselves in one hall in Abuja in the name of proffering solutions to Nigeria’s problems. And you wonder who is listening to them in a hall. And you wonder also if the party is only now beginning to diagnose Nigeria’s problems in a symposium this late in the day when elections are only a few days away. What has it been doing all this while? Talk about tardiness. The question is what is preventing Nuhu Ribadu from hitting the ground running? Is it lack of funds or lack of preparedness or both? Does he need Bola Tinubu’s permission to launch his campaign too?

It’s inconceivable that these folks who have no governmental duties to attend to but their own party affairs have been unable to raise their campaign teams and hit the ground running. While this has been a noticeable pattern with Buhari in previous elections in which he would not bother to campaign except in a few places in the North only for him to claim of being rigged out of victory at the end of the day, it is hard to fathom why Nuhu Ribadu who is the fresh blood in this whole business is seemingly unable to find his feet. Has experience got anything to do with it? If so, why is he not being helped by more experienced aides in his party? The ACN loudmouth and serial alarmist, Lai Mohammed, who is always seeing rigging even in his own shadows would do well to help his party’s presidential candidate get up to speed to sell his candidacy to the electorate rather than looking for excuses for his party’s impending electoral disaster. The party appears to be preparing for the litigation of the results of the 2011 presidential elections rather than working to win the elections. That appears to be its winning formula—snatching victories through the judiciary with Justice Ayo Salami of the Appeal Court seemingly at the head of its judicial operations.

Else, how in the world is the ACN going to win the presidential election without at all campaigning and campaigning hard nationally for that matter? Or is the South/West equivalent to the nation? Pointedly, is the ACN counting on winning elections through the judiciary again, courtesy of Justice Ayo Salami after all the allegations and revelations against him?  Is the ACN investing its capital on subsequent electoral litigation even before the elections are held or is it investing its capital on the electorate who alone should have the final word not the judiciary?  Who in Nigeria would believe again in dubious electoral verdicts procured through the judiciary behind the people? Like this writer had been campaigning and the nation has now caught up with, the cat has been let out of the bag that ACN had been procuring court “victories” through under handed deals with some judges even before Justice Salami made his confession of using special squad in the Court of Appeal to undo some governors in the nation. ACN should be party enough to mount the soap box now and slug it out not just in its comfort zone in the South/West but throughout the six geo-political zones in the country. Or does it think that propaganda alone does it?

I don’t want to waste my time on ANPP that is still waiting on IBB to come pick up its presidential ticket. Pathetic–isn’t it? The mere thought of it sickens me. Well that is the color and character of the Nigeria’s window dressing opposition for you. They follow the lead of the ruling party they want to displace in virtually all matters including primaries and campaigns and call that opposition. It’s all fluff and paper opposition and nothing else substantive. But hey, wait for the election results in April and hear them howling and kicking like deranged horses denied of a good meal by their riders. Opposition my foot! Like I have always said, political opposition in Nigeria died with the late sage, Chief Obafemi Awolowo. He was an embodiment of it not the caricatures of today who can’t tell their left from their right. But wait a minute: How about taking a page from APGA that has realistically and prudently adopted Jonathan for the presidential elections rather than pretending to go it alone like the rest of the bunch? Makes sense to me. Both candidates and their parties should carefully and realistically weigh their electoral chances before throwing their hats into the ring in the name of contesting presidential elections because it is not a game for all comers. And that doesn’t sound to me like rocket science but common sense. The people at APGA seem to have plenty of that good stuff upstairs…perhaps they should share some of it with ACN, CPC or ANPP!

From the stable of –Cutting-Edge Analytics—More than a blog—It’s a learning experience!

Franklin Otorofani is an Attorney and Public Affairs Analyst.

Contacts: mudiagaone@yahoo.com, https://mudiagamann.wordpress.com/

Poverty—Fathering Still-Born Revolutions in Arabia

  –Cutting-Edge Analytics–

Tunisia and Egypt have fallen in that order; Algeria, Yemen, Bahrain and Libya are quaking with tremors; and Iran, Jordan, UAR and Saudi Arabia are lying directly on its perilous path. And so also are Qatar, Kuwait and many others. The still unfolding political events in North Africa and the Middle East have rightly or wrongly been described as “revolutions” in many quarters.

It’s not my desire to split hairs over the meaning of the term, but let’s get our terminology aright so that we might be and remain on the same page in this fascinating discourse about what is really happening in those parts of the world at the moment and perhaps continuing into the immediate future as well, because there is no telling the end of it from its beginnings. And there is no telling either how farther afield it might spread beyond the Gulf States, or for that matter, its wider implications on the still tepidly recovering global economy. There are simply too many imponderables at the moment.

For the most part, it is still work in progress and the character of the finished product is yet unknown and perhaps unknowable even with the declared goals until much later in the day, for who would have known that Egypt would wind up with military regime after the fall of President Hosni Mubarak? As my people would put it graphically, the song that you sing on the way to the river is not the same song you sing on the way back. And so has it been for the Egyptians during and after the fall of Mubarak. They have been forced to sing a different song today on their way back and, believe it or not, it’s not nearly as sonorous as the one they sang yesterday on their way to the river of revolution.

Revolution Defined  

Revolution might mean different things to different people in different places. And it could be applied strictly or loosely to refer to just about any change under the sun. But there is a huge difference between change of government and revolution. In its political signification, however, revolution refers to the complete overthrow of an entire or at the very minimum major components of an existing social order and its replacement with one of a totally different kind usually but not necessarily of an opposite character or genre.

It, therefore, goes way beyond mere change of government to fundamental changes in social relations in the societies of their occurrence. Revolutions touch at the very core of a people’s way of life in all its ramifications; affecting their economics, politics, religion, social, science and technology, arts and culture and, yes, their relationships with the outside world, personalities, attitudes, and much more. Perhaps a good analogy would be the replacement of the engine of a car with a totally different one to power it, which could affect not only the mechanical power of the car but its electrical, fuel, cooling, battery, and lubricating systems in fundamental ways. The engine of a car is the heart of the car, but the driver of a car is not the heart of the car and not even part of the car itself to begin with. The driver is like the government. Therefore, changing the government is like changing the driver of a car.

The overthrow of one social order and its complete replacement with another kind of social order is therefore properly called a revolution, while a change of government that does not result in the overthrow of an existing social order and its replacement with another of a different kind may, for want of better expression, be termed or described as a game of musical chairs that merely reshuffles old and tired faces in the palace or citadel of power.    

What has happened so far in North Africa, though admittedly earth-shattering in the nations affected due to the particular leaderships involved, were not revolutions properly so-called, but ordinary change of governmental leaderships just like the sacking of a company’s board of directors by its shareholders with the company’s product and services, corporate environment, processes and culture remaining basically untouched and intact.

I know this verdict will be hard for folks to swallow having been bombarded with screaming headlines of revolutions in Egypt and Tunisia, but that is obviously not the case. I wish it was but it’s not and I’m not going to sit here and dress up the overthrow of a dictator in Egypt or Tunisia as revolution when everything else, including the political and economic systems has remained intact.

Had the authoritarian Mubarak regime been overthrown and replaced outright with a democratic government it would have occasioned not just a change of government but the overthrow the existing social order and therefore entitled to be called a revolution. Regrettably, both in Tunisia and Egypt, the existing social orders in those countries were not overthrown and therefore the unjust social relations that gave rise to the uprisings in the first place have been left completely untouched with no indication whatsoever that they would be addressed in future.

Perhaps the clearest indication that the more things seemed to have changed the more they remain the same in Egypt comes from the Egyptian military itself as reported by the New York Times in its February 18th edition to the effect that the military, which all along had had its own closet economy and involved in the manufacturing of military armored tanks and trucks, washing machines, and even the running of day care centers amongst other commercial interests and had been answerable to none, not even to parliament, has quickly moved to shield those businesses from the prying eyes of the public. It has refused to open up its businesses to public scrutiny and has in fact moved to purge the Egyptian parliament of elements advocating openness in the running of the military’s commercial interests.

Of course both reformers and revolutionaries are not happy about this but that is what the so-called revolution has brought to Egypt. What this revelation tells us is that the Egyptian military which had been a government unto itself under President Hosni Mubarak and has been further empowered by the protesters by acquiring presidential powers in addition to their commercial interests, which they have swiftly moved to protect. Their generals must all be stinking billionaires just like Mubarak himself. And who says Mubarak does not have interests in those commercial business operations with him being the Commander-in-Chief of the Armed Forces and being from the military himself in the first place? The whole Egyptian economy is now fair game for the military and you can be sure those commercial interests will only multiply a thousand folds rather than diminish under its total control of governmental powers. Mubarak himself is being heavily guarded by the military at what seems like his vacation resort after his retirement and there is no indication that he will be brought to trial.  

And what is more; the 30-year old state of emergency that allowed the government to arrest and detain people indefinitely has not been lifted even by the military. So, theoretically at least, Egyptians can still be picked up and detained indefinitely. Till date many of the protesters are still missing and the cries and agonies of their parents still rent the air even as others celebrate the fall of Mubarak. One has got to ask, where is the change that people fought for and died for in18 solid days at the Liberation Square? Egyptians, including the protesters themselves are asking this very question and getting no real answers from any quarters whatsoever. Now, can anyone tell us why we should have any confidence at all in a democratic transition overseen by the Egyptian military given its past and present pre-occupations?

It is clear, therefore, that the social order has not changed in Egypt and, if it has, it probably has changed for the worse not better. In this connection, social order refers to the political and socio-economic relations as between the state and the citizens on the one hand, and as amongst the citizens of the state inter-se, encompassing property relations and political rights. Agreed things cannot change overnight but the essence of revolutions is dramatic and abrupt overthrow of the existing social order not incremental changes that are properly termed “reforms” not revolutions. Though the change of governments in Egypt and Tunisia was abrupt and dramatic, that alone without more, does not quality them as revolutions. It is fair to conclude, therefore, that unless and until real multi-party democracies are emplaced in both Tunisia and Egypt, not caricatures, the revolutions that purportedly took place in both countries are decidedly inchoate or at best incomplete. There is unfinished business in both countries that people should come to terms with even as they celebrate the fall of their dictators.

Let’s be clear about this to avoid any hint of misunderstanding or confusion: There is every cause to celebrate the momentous fall of Mubarak and his counterpart in Tunisia, which is a poignant demonstration of the power of the people and the chain of events it has unleashed in other Arab nations and even beyond to Iran. However, great as the uprisings were in terms of their historical significance, the fact remains that inchoate and incomplete revolutions are worse than no revolutions at all in that they create false sense of hope and accomplishments in the minds of the people whereas nothing fundamental has actually changed on the ground. It’s like acquiring half education due to lack of resources or will power to continue to graduation, which we all would agree is dangerous and worse than no education at all because it creates a false of accomplishment or confusing impression of one being educated without being educated.

The reported observation by an Egyptian pharmacist and protester named Ghada Elmasalmy, 43, when he said that the “The army is with us but it must realize our demands. Half revolutions kill nations,” as reported by Reuters, goes straight to the heart of the matter. Elmasalmy was right on the money to have characterized what happened in Egypt and Tunisia as “half revolutions,” which I would, however, prefer to describe as a game of musical chairs. Pro-democracy movements in other Arab nations must, therefore, not copy the Egyptian model hook, line and sinker, but guard against the emergence of the military to replace the monarchs in the event of their fall. In fact, they should not do business with the military at all in those countries as did the protesters in Egypt because the military has a different agenda altogether.

No matter how long both Mubarak and Zine El Abidine Ben Ali had stayed in power their overthrow amounts to no more than “regime change” and nothing even close to revolutions. We knew what the American Revolution amounted to in the British colonies in North America. It led to the Declaration of Independence from Britain and the inauguration of the United States of America as sovereign nation, and completely uprooted the pre-existing social order of colonial rule. We knew what the Bolshevik revolution brought about in the Russia. It did not simply overthrow the Czar, but completely uprooted the pre-existing social order of monarchical rule and replaced it with communism and created a new nation called the USSR. The same was true of the English, French and Chinese revolutions and all the other revolutions in history, including those in Cuba, Venezuela and Iran, just to mention but a few that uprooted entire systems and replaced them with totally different ones.

The single most important qualifying characteristic of revolutions is the complete overthrow of the system not mere overthrow of pre-existing governments. This important qualifier has not been satisfied in the Egyptian and Tunisian uprisings that led to the fall of their dictatorships. Bluntly put, no revolutions have taken place in those countries but changes in governments. This is not to diminish the importance of those epochal events in any way, but to get our perspectives right. It makes for clarity of analysis as well as proper appreciation of what has taken place so far, and what remains to be done to get to the Promised Land of democracy.

What has been done only amounts to a down payment and the balance must be paid in due course because down payments cannot satisfy an entire indebtedness. That is the next battle ahead in both Egypt and Tunisia and indeed other parts of the Arab world. The incremental revolution must not abate though because the first step is critical and just as important as the last step. A transition to multi-party democracy in Egypt under the present caretaker military regime as promised in six months will hopefully complete the Egyptian revolution. But until that happens, the revolution has effectively been arrested, no thanks to the inexperienced organizers who simply played into the hands of the military.

No Diminution

BUT even so, there is no diminution of the flames of the Tunisian and Egyptian uprisings that have leapt across their borders to other lands in Arabia thousands of miles away resulting in the alarmed authorities calling in their fire fighters to either contain the spread or put out the fires altogether even as their masses have been excited at the arrival of the flames of democracy in their lands. There is both exhilaration and palpable fear in the air in the North African, Middle-Eastern and, you guessed right, in the Arabian atmospherics. And it’s so thick one could literarily cut through it with a butcher’s knife. From Bahrain to Libya, Algeria to Kuwait, the tree of freedom is being watered by the blood of the brave men and woman who are laying down their lives to liberate their fatherland from the scourge of tyranny.

These regions are having their dates with history—a history that had long been denied them by their maximum rulers. Yes, they are having the bitter/sweet taste of their peoples’ eruption of fury, which had been boiling barely below the surface and has turned into a veritable political hurricane that is leaving debris trail of fallen dictatorships strewn across the Arab world.

But what does this mean for the world? What does this mean for Europe, Africa and North America? I don’t know about Europe and North America but this is definitely good news for Africa that is grappling with democratic transitions. It means North Africa has finally come on board with Africa south of the Sahara, and no more will the likes of Muammar Qadaffi and Hosni Mubarak grace its continental AU meetings. However, Europe has been uncharacteristically silent in the face of these uprisings. The Gordon Browns and Sakorskys of Europe that were beating hard on Iran during its own mass uprisings last year have been missing in action this time around, maintaining studied silence. And for the United States, the word is deliberate ambivalence—that is deliberately speaking from both sides of her mouth—appearing to be neither for nor against the revolutions. It’s called diplomatese—which practically means being neither here nor there but straddling both worlds with legs spread out across the great divide just in case one side wins at the end of the day.  

However, this must be extremely troubling and unsettling for the United States, which has reportedly dispatched an envoy to the region to reassure and calm the frayed nerves of its “allies” that no harm would come their way. It is not clear, however, how much store those allies would reasonably and prudently be expected to place on such panic driven reassurances handed out by Washington with the flaming fury in the Arabian streets and given her ambivalence in the management of the crisis in Egypt and coupled with the fact that the US itself was totally caught flat-footed by these extremely contagious eruptions in the region. 

Short of being judgmental and unduly sanctimonious in the circumstances, one would have thought, and rightly so too, that given the loudly professed interest of the United States in the promotion of democracy all over the globe and not just in unfriendly countries only, she would have regarded these popular, spontaneous, revolutionary, democratic uprisings as God-sent and ride the wave of public opinion to establish herself firmly in the minds of the peoples of the region rather than in the minds of their autocratic rulers, the so-called “allies”. Oh, how awful that sounds!

Paradoxically the direct opposite seems to be the case and that is quite a regrettable betrayal of the trust of the peoples of that region who had all along been led to believe that the US would always stand on their side unequivocally in their legitimate democratic aspirations. I’m still unable to wrap my hands around the rather puzzling attitude of ambivalence that has thus far been exhibited by the United States with respect to Egypt and now Bahrain which is home to US naval fleet. I thought the term “ally” should apply to friendly countries not necessarily or exclusively to particular regimes or governments that ought to come and go, not ossified in perpetuity.

It becomes even more troubling when its high ranking officials including the VP, Joe Biden, publicly declared their preference for Mubarak and denying that he was, in fact, a dictator. The same thing is repeating itself with regard to the kingdom of Bahrain yet another “ally” facing the people’s fury for democracy. If Mubarak was not a dictator then nobody is or was a dictator, seriously speaking. And the term “dictator” does not exist in our lexicon anymore. Which makes one wondering aloud: Is this the United States of America founded on solid values of freedom and liberty we’re talking about or some other country? And is this coming from President Barack Obama’s administration that promised change “we can believe in”? The word “incredible!” does not even begin to describe it.  

It would appear that for the United States the fear of Islamic fundamentalists getting to power through the democratic process is the beginning of wisdom. And for that reason alone democracy could take the back seat in that neck of the woods. But the people; from Tunisia to Egypt; Egypt to Yemen; Yemen to Iran; Iran to Bahrain have taken their destinies in their hands to sack the dictators and they couldn’t be bothered about Uncle Sam. Sad to say, but the United States has lost the Arabian streets to the revolutionary forces that it should have been doing business with in the first place.

With that said, however, one cannot but sympathize with the Obama administration because it has inherited this cozy relationships with dictators in the Middle East and it is next to impossible to change a long ingrained policy that seemed to protect US national vital interests in that region even if it’s against US national values. What would you do when a long standing ally is being hounded out of office by a bunch of unemployed kids in the streets? Shout “Hurrah, Hosanna in the Highest!”? That would appear to be betrayal of the highest order and therefore immoral.

Perhaps the question should have been, why did the US have dictators as “allies” in that region in the first place against her national values and her professed drive for global democracy? I’m not here to answer that question but it has everything to do with Israel and the fear of the spread of Islamic faith, the fastest growing religion in the world especially of the radical brand that has been blamed for global terrorism. And you can’t blame the west for that either given what has been happening particularly since the last decade. And the west has her oil interests to protect as well which cannot be sacrificed on the altar of democracy that will only benefit and empower Islamic Jihadists. That is the dilemma the west has suddenly found itself. Besides it has geo-political realities to contend with, with respect to the imperial ambitions of Iran. The morale is, don’t push too hard for what you cannot control for you just might get it and wind up being the loser. Some hard lesson in international relations! Old paradigms and allegiances are crumbling fast like a house of cards before our very eyes. Isn’t that interesting? The Arabian streets are literarily remaking the world and when the dust settles the world will never be the same again. Europe had its time. Asia had its time. North America had its time. Africa had its time. And the Middle East is having its time now, to plant the tree of democracy. 

While democracy doesn’t necessarily provide jobs or eradicate poverty it, at least, allows people to vent their anger on their leaders through the ballot boxes in the hope that the emergence of new leaders would somehow bring some changes that could make real differences in their lives. In other words, elections bring hope and expectations, and that is what sustains life in the long run. Never mind that such hopes and expectations are more often than not met with disappointments rather than appointments. But even disappointments bring further hopes and expectation and that is what propels the cycle of elections that keeps the engine of democracy humming ad infinitum—hopes and expectations plumbed through the electoral processes.

Democracy much like religion, is like opium or lullaby that lulls people to sleep and into a false sense of complacency in the maintenance of the present system of things, which never changes except for its operators. And that is why revolutions are not likely to occur in democratic nations whether or not citizens in those countries are living from hand to mouth. All that happens in democratic countries are protests and demonstrations like the ones taking place at this moment in Wisconsin, United States, which are geared toward changing policies or government as the case may be, but never to overthrow the existing social order. In other words, people revolt with their votes in democratic societies. And that is why history has yet to record a change, so far as this writer knows, from democracy to an authoritarian or any other system except of course, through some illegal or unconstitutional means as, for instance, in military coups.  

Revolting with their votes ensures that the democratic system itself remains untouched regardless, precisely because it affords the people the chance to throw out their governments for whatever reasons, no questions asked. Therefore, the ability of the people to overthrow the government for the time being in power through the ballot box is what brings stability to democratic nations because it allows the people a great avenue to exhaust out their frustrations thus cooling down things albeit temporarily. For instance, all the demonstrations and protests; all the hysterical shrieks and even violent disposition of the Tea Party arm of the Republican Party in the United States were channeled through the democratic process which led to the sacking or, if you like, the overthrow of the Democrats in the US Congress with Republicans capturing the House of Representatives and narrowly missing the Senate by just a few seats. Were the US presidency in play in the mid-term elections, President Barack Obama would have been history by now as he would have been swept out of office by the Tea Party hurricane.

The point I’m laboring hard to make here is that all that political energy that was channeled and exhausted out through the democratic process has resulted in the cooling of the political system. All those shrieks, demonstrations and protests immediately ceased after the elections. The peoples of the Africa and the Arab world do not have such luxuries due to the absence of democracy and their nations are therefore veritable candidates for revolutions.

But has the change of government made any difference in the economic circumstances of poor Americans? Not at all! Has that brought back the 8million jobs lost under both the GW Bush and Obama administrations? Not at all! And, has that improved on the 9% unemployment rate the nation has been stuck in for more than a year now? Not at all! Or, for that matter, has it improved the prospects of economic growth in the US by even a notch? Not at all! In fact, the economic growth rate has further shrunken to less than 3% after the elections.

Driving out Democrats from power has not achieved anything except to dissipate political energies in the polity by providing the politically active segment of the masses an outlet to vent their frustrations on whoever happens to be in government at the time just as they did to the Republican Party barely two years earlier under GW Bush. And that was absent in Egypt and still absent Tunisia, Algeria and indeed the entire Middle East and the Arab world, except Israel.  

Poverty as Propellant

But let’s be absolutely clear about what this revolutionary fervor boiling over is all about. It is as much about freedoms and liberties as it is about the peoples’ economic conditions in those nations.

Although these streets protests and demonstrations have naturally been dressed up in the sexy garbs of democracy and civil rights and presented to the world as such, their underlying cause is decidedly economic rather than strictly political grievances.

History has shown without a doubt that when people are hurting economically, they tend to express their anger and frustrations through the medium of politics and this is so whether it is in representative or authoritarian regimes. And this is so because man is naturally a political animal and all his activities, including his economics, find expressions through politics. Therefore, the denial of man of this critical medium of expression of himself are the results we have seen throughout history time and again in the both bloody and bloodless revolutions that tore through whole continents and abruptly changing the course of history. That is what is happening at the moment in the Arab and Middle Eastern worlds of monarchical dictatorships. It is simply history repeating itself as it has always done wherever such conditions of active denial of expression of the political animal that is man, exist.

Thus every nation is duty bound to give to its citizens either representative government or in the absence thereof economic opportunities. This appears to be what the Chinese are doing at the moment. The Chinese authorities, while in active denial political rights to their citizens are rapidly accelerating economic development that has kept its huge population suppliant. The Saudis and the Kuwaitis are also on board in this game. All three nations with dictatorial regimes are extremely wealthy with thriving middle class. For that reason, therefore, the wind of change blowing across the Arab world might experience a detour of sorts when it gets close to Kuwait and Saudi Arabia. In plain language, the revolution may only achieve marginal impacts in Saudi Arabia and Kuwait but not Iran, Libya and Jordan with much larger poor populations.

Although Egypt had a growing economy with annual GDP growth rate of 6% and had been hailed by Washington, IMF and the World Bank for the success of its economic reform programs, not much of that growth trickled down to the masses and therefore made little or no difference to the economic conditions of the people.

As one Egyptian Samer Shehata, assistant professor of Arab politics at Georgetown University puts it rather graphically in an interview in Democracy Now, Repression and Poverty Underpin the Uprising in Egypt:

“But what all of that masked, what all of that masked, was what was going on at the level of real people and ordinary lives. Real incomes were declining as a result of incredibly high inflation, not as high as in Zimbabwe or Venezuela, but inflation rates of 25, 30 percent, eating away at people’s incomes. Basic commodities, foodstuffs, prices were increasing tremendously. In 2008, about 13 or 14 people, Egyptians, died as a result of conflicts resulting from them waiting in long bread queues, because there wasn’t enough bread, and violence would erupt. People were waiting in line for hours to obtain subsidized bread, which is also one of the bases of this regime, you see.”

Egyptian economy was growing yet the people were not getting the benefits. This is the all too common—jobless growth that even the United States and many developed nations are experiencing at the moment. And countries like Nigeria with 7% growth in GDP that the people are finding hard to believe must draw appropriate lessons from the Egyptian experience.

Inspite of the impressive statistical numbers of economic growth, people were dying while waiting in line to get government’s subsidized bread. That sounds to me like Zimbabwe right there! It sounds to me also like some pensioners dying in Nigeria while waiting in line to collect their government pensions.  

And it gets even worse: Inflation rates in Egypt range from 25-30% on top of food shortages and acute youth unemployment, and up to 40% of the people living below or only slightly above the poverty line? And you then throw in on top of all that, political repression and complete absence of democratic representation? Frankly speaking, the people had no choice at all because they had been driven to the wall with no- where else to go. They either had to go through the wall or turn back to face their tormentors and that meant facing down and throwing out the government altogether.

The choice was clear. They courageously chose the latter, never mind that it has brought back the military, just like the tormented kid who summoned up enough courage to face down the bully in school. For them anybody but Mubarak was good enough at least for the time being including even the military. Mubarak was lucky indeed to have escaped unhurt as his Tunisian counterpart, largely due to his backing by the military. And he was lucky because the protesters were not interested in a bloody revolution to begin with but in seeing him leave and leave them alone to live their lives in freedom and liberty just like others elsewhere in the other parts of the world.

It is clear, therefore, that poverty was at the roots of the uprisings in those parts of the world including the one in Tunisia that started it all considering that the man who lit the fire was a street vendor whose sensibilities had been badly hurt by a female Municipal staffer.

However, the reader might want to know whether revolutions must necessarily occur in all poor nations? And the answer to that would be, not necessarily, and it doesn’t have to. With that said, however, any nation that is truly desirous of enjoying political stability has one of two solutions to pursue earnestly; economic emancipation of its people as earlier indicated, which is a relatively long term proposition, or the institution of representative government, that is democracy, which is a relatively short term proposition. Or, better still, having both for the price of one, which though quite doable, is altogether an extremely difficult proposition. Pursuing both economic emancipation and democracy at the same time is an arduous task not meant for one generation to attain. And for African nations including Nigeria that is struggling to put her best foot forward in the business of democracy, no efforts should be spared in getting the democracy train on an even track even while she struggles to win the war against poverty because the war against poverty cannot even be waged let alone won in an atmosphere of political stability.

Politics is everything precisely because man is a political animal. Give any nation political stability and the rest, including economic emancipation, will be added unto her in due course.

And this, Ladies and Gentlemen, is the case for democracy. And I have to tell you this, it’s a pretty well made out case…because none except dictators would have issues with political freedom and liberties—not necessarily freedom and liberties to perpetrate immorality in the name of democracy. It is freedom and liberties to pursue all legitimate and lawful undertakings in line with the cultural preferences of the peoples because, contrary to what many might think of democracy in third world nations, democracy is not about lawlessness but about the rule of law. There is no greater guarantor of rule of law than democracy, for dictatorship is not the rule of law but the rule of man.     

From the stable of –Cutting-Edge Analytics—More than a Blog, It’s a Learning Experience!

Franklin Otorofani is an Attorney and Public Affairs Analyst.

Contacts: mudiagaone@yahoo.com, https://mudiagamann.wordpress.com/

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