The latest Transparency International (TI)
report disrating Nigeria’s war against corruption did not come as a surprise.
But the report did not tell the whole story.
The truth is that President Muhammadu Buhari has
done a commendable job on the war against corruption compared to the situation
under the People’s Democratic Party (PDP). At least, unlike in the past,
corruption is not being advertised as a way of life. Corrupt politicians, for
instance, are being paraded back and forth to police cells by the
anti-corruption agency. The optics alone is a measurable deterrence and, of
course, miles above what was obtainable under former president Goodluck
Jonathan. Yet, there is a perplexing problem: Muhammadu Buhari is not doing
exactly what Nigerians elected him to do.
The Nigerian masses want President Buhari to
fulfil his 2015 campaign promise: “Vote for me and I’ll send corrupt Nigerians
to Kirikiri.” We want to see corrupt politicians headed to jail
without further excuses. This view, interestingly, is echoed by the spiritual
leader of Nigeria’s main opposition party PDP in Governor Ayo Fayose of Ekiti
State. It is also being promoted by former Governor of Abia State, Orji Kalu, a
staunch member of the ruling party and arguably the most vocal supporter of
Buhari. Said differently, Nigerians from all shades of the political spectrum
want serious consequences for bad behavior in the country.
But that has not been the case.
President Muhammadu Buhari appears to be
fighting corrupt politicians with kid gloves. But I pity the man here. Recall
that the most forceful arrow thrown against Buhari’s candidacy in 2015 was his
dictatorial military regime where human rights abuses were common. Also
consider that the major reason Buhari’s candidacy would gain support within the
international community was his pledge to abide by Nigeria’s rule of law if
elected president.
Unfortunately, however, the Nigerian brand of
rule of law is roundly queer. It includes the ancient tenet of criminal law, a
skewed Presumption of Innocence, which dictates that corrupt politicians are
not only presumed innocent until proven guilty, they also have the liberty to
influence the courts to adjourn corrupt cases as they may please. Buhari’s
quaint acquiescence to this quandary is where the fire in his anti-corruption
war quenched.
The apparent demurral with rule of law is
expected to attract critics. That is understandable. Presumption of Innocence
is a legal right of the accused in the Nigerian criminal law. It is also
consistent with UN's Universal Declaration of Human Rights. But it has become
necessary to come to terms with the reality that the original authors might
never have considered the Nigerian condition where the accused can collude with
the judges to make cases interminable.
This is where leadership comes in. To begin,
leadership and law are two different things. Leadership is contingent upon the
environment. Thusly, extraordinary circumstances demand extraordinary actions.
For example, in her war against terrorism after the 9/11 bombing, the United
States of America adopted the USA Patriot Act which allowed intrusive checks at
the airports. Though it was viewed as an infringement of individual freedom and
liberty, a vast majority of the people eventually embraced the rationale for
the greater good.
Nigeria’s greatest good at this point in history
is to demonstrate serious consequences for bad behavior in the country. There
is no better starting point than finding ways to jail corrupt politicians
without fear or favour.
Jailing corrupt politicians, of course, is not
easy. There are all manners of obstacles that seem to translate to good
excuses. But, as my father would always tell me, a habit of excuses is the best
friend of failure. It goes without saying that Buhari’s ability to overcome
obstacles in the war against corruption is a test of his leadership.
Leadership, in my simplest definition, is the ability to make someone who says
no to agree to say yes and mean yes. It is all about influence. It
is incumbent upon Buhari, therefore, to maximize his presidential power and
find ways to influence the judiciary to henceforth spurn the different
entreaties by politicians to adjourn corrupt cases forever.
Nigeria cannot afford to allow its future to be
undermined—at the cruelest expense of the masses—with sophisticated legal
jargons and moon walks. It is rather mystifying that the strict interpretation
of the rule of law is only sacrosanct in Nigeria whenever it advances criminal
ingenuity in favour of powerful politicians.
President Buhari must recognize that Nigerian
masses beckoned him back to power because he was promoted as a strong,
resolute, just, and transparent leader who has the willpower to demonstrate
serious consequences for bad behavior regardless of whose ox is gored.
Nigerians are still yearning—more than ever—for that leader. Any failure to
produce such leader within the ruling party is a matter-of fact surrender of
power back to PDP, and that is a hellish proposition.
*By SKC Ogbonnia, can be
reached via: SKCOgbonnia1@aol.com
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