“Selective prosecution of political
opponents undermines the legitimacy of anti-corruption reform efforts.
It is the most cynical abuse of power…”
GRACEY
The arraignment of Senate President
Bukola Saraki by the Code of Conduct Bureau before the Code of Conduct
Tribunal on Tuesday is without doubt one of the most dramatic political
events of the past week. The case, however it is resolved, will be
remembered not just for what it says but also for what it fails to say,
or rather its symbolism regarding the anti-corruption posture of the
Buhari administration.
In order to comment fairly, this writer
reveals upfront that he has never met Saraki, nor is he, as the readers
of this column will recall, sympathetic to the shabby manner in which he
emerged in his current position. But if that antecedent provoked
turbulent ruminations, the current attempt to nail or get at him,
through a so-called anti-corruption vehicle is even more rickety and
ominous. As Emeritus Professor at the Boston Law School, Elizabeth
Spahn, quoted above, informs, very few things are as corrosive of reform
efforts as the targeting of political opponents through selective
prosecution. To be sure, the criminalisation of opposition and dissent
in our national life bring forward anxious reminiscences: Chief Obafemi
Awolowo at the treasonable felony trial, Ken Saro-Wiwa, appearing before
a military tribunal whose predetermined brief was to sentence him to
death and several others. We can recall too in passing that Chief Bola
Tinubu was incompetently arraigned before the Code of Conduct Tribunal
in 2011, with the barely disguised intention of settling scores with a
star opposition leader. In other words, political authorities have
historically employed the legal system to indict those who fall out with
them.
However,
the All Progressives Congress, in particular, President Muhammadu
Buhari told us that we would be starting on a new page, a page that will
part ways with the cynical routines of the past. But the Saraki case
thus far has been so ineptly handled as to give up the game right from
the outset. The CCB significantly omitted to invite Saraki for
clarifications; it went back to the early years of democratic rule to
dig up alleged inconsistencies in his Asset Declaration Form without
explaining why it took it several years to remember his transgressions.
The Bureau, also did not tell us if this was the beginning of a
widespread probe regarding office holders between 2003 and 2011 or not.
Could it, one may ask, to satisfy the canons of elementary justice have
arraigned a few other ‘offenders’ along with Saraki to disguise what
appears to be naked power play masquerading as reformism? The questions
are endless, but even if the political system or the faction of it
seeking a pound of flesh achieves its prime target, the anti-corruption
agenda of the administration would have suffered irreversible damage.
The foregoing should not be taken as
holding brief for Saraki who, in the opinion of this writer, is as
morally vulnerable as they come. It is rather to point up the dangers of
subverting anti-corruption through the cynical manipulation of
politicians at daggers drawn. Before proceeding with the comment
however, I crave the reader’s indulgence to enter two short takes.
Rising insecurity symptomised by
kidnappings and violent robberies is fast becoming the defining syndrome
of these times. There is a long list of citizens picked up from their
homes or work places by armed gangs recently. Two high profile
journalists, Donu Kogbara and Steve Nwosu, whose wife was abducted and
later released, bear the scars of the spiral of violence. There is also
the most recent case of former Secretary to the Government of the
Federation, Chief Olu Falae, who was reportedly kidnapped on his 77th
birthday. This raises the alarm concerning how dangerous and nasty life
is fast becoming in peace time Nigeria. Considering also, that the
fundamental reason for the existence of governments is the protection of
life and property, the Buhari administration should see these tremors
as a wake-up call to redesign and revitalise the country’s tottering
security architecture and infrastructure.
The second take concerns the passing on
Saturday of elder stateswoman and matriarch of the Yoruba nation, Chief
HID Awolowo, an event which truly marks the end of an era in Yoruba land
and the nation. Governing behind the stage, the revered HID, silently
carried forward the legacy of her husband, who many years after his
death remains a reference point in our politics. It is appropriate, that
the Obafemi Awolowo Foundation has announced the formation of an HID
Awolowo Foundation to celebrate and commemorate Mama’s legacy which
nicely complements that of her husband. Although the Awo legacy far
transcends his immediate family, the roles of the intellectually gifted
and disciplined Dr Tokunbo Awolowo-Dosunmu as well as the soft-spoken
and entrepreneurial Rev Tola Oyediran will be crucial in determining the
political shape and relevance of the Awo dynasty in national affairs.
Throw into that, the fact that Dolapo Osinbajo, wife of the
Vice-President, is a granddaughter of the late sage, and you begin to
appreciate that Papa and Mama Awolowo may be around, in a manner of
speech for many years to come.
To return now to Saraki, our tally of
suspicions and of smelling rat in this case grows when you factor that
the Chairmen of the CCB and CCT are currently facing official inquires
relating to allegations of corruption. As Jide Ajani revealed in an
informative write-up in the Vanguard last Sunday, Mr Danladi Umar,
Chairman of the CCT has yet to clear allegations of bribery against him,
while Chairman of the CCB, Sam Saba, has a pending case relating to the
alleged diversion of over a N100m with the Economic and Financial
Crimes Commission. Ajani raised the question whether institutions whose
leaders are facing official enquiries relating to corruption are in the
best position to implement a serious anti-corruption project. Would it
not have been tidier if these institutions as well as the EFCC are
rejigged or thoroughly reconstituted for purposes of credibility?
This suggestion is made in the context
of the cynicism that has been elicited by the garbled effort to convince
the world that the number one moral issue the nation faces are the
lapses of the Senate President. Unsurprisingly, critics of the
administration have raised questions about such issues as the Haliburton
scandal reportedly involving some former heads of state and the long
playing trials of several former office holders, some of which were
commenced in 2007. The administration, of course, has the choice of
drawing the curtain at some point by for example taking up cases of
corruption committed under its watch or go as far back as 1999. Whatever
the government’s choice, it has the duty to make clear its agenda,
order of priorities, and how far back in time it has chosen to go. What
it must not do is randomly pick cases without making clear its selection
criteria. Otherwise, it will lose credibility and damage the reform
process irremediably.
Finally, as this columnist has
repeatedly advocated, a proper reform project must both be able to
punish offenders in a level playing field; as well as prevent corruption
at source through institutional renewal.
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