By Dr. Olu Onagoruwa
Yar'Adua's emergence into the Federal Political System was controversial. There is a general belief that his election was rigged by General Olusegun Obasanjo, Professor Iwu and INEC, who presided over the general elections. But Yar'Adua has handled this allegation with adroitness and an air of blatant integrity and honesty.
I have observed his utterances and actions very carefully and have drawn the indubitable conclusion that he is a man of extraordinary shrewdness. He has taken over power (whatever the moral merit of such a taken-over) from a very strong and controversial president. He is steering a very delicate course and by his own acute political instinct he knows this to be a big gamble.
General Murtala Mohammed some years ago was predicting about our future presidency when he said a future president "would need to be precise and direct in his policies" and where there is controversy, he must be "decisive as to which course to take."
One outstanding singular feature of President Yar'Adua is his doggedness and honesty that has obviously proved embarrassing to his colleagues in the party.
When he was interviewed about his election as being characteristically fraudulent, his reply was not to deny the allegation. He admitted that a lot has gone wrong but now appealed to all concerned to go to the Electoral Tribunals and see what result they would get. He would obey such verdict.
But the greatest applause, which goes to him, is in the realm of the Rule of Law. "The law would be upheld no matter whose ox is gored." This utterance was at first shocking to me particularly coming from a PDP echelon who are used to breaking the law or not following it. At the latter days of the past government little regard was given to the law and the Rule of Law suffered great depression.
Prof. Iwu became a lawless leviathan and he rode tough-shod on the feelings of Nigerians and on the constitution. The first major act of the new President was the controversy over increase in Petroleum price. When the NLC confronted his government, Alhaji Babagana Kingibe made a belligent and unguarded statement, which implied that the government would use force on demonstrators. A retrospective reflection would now show that this was not the thinking of the President. He held a meeting with the NLC and brokered an agreement, which involved a reduction in the fuel price, and a suspension of the value added tax. The NLC aborted its strike unexpectedly and there was peace on the land immediately. On the ground that President Obasanjo awarded petroleum contract to Dangote and Otedola, he said that these did not comply with the law, he abrogated the contract award given to the two men.
He cancelled other contracts, which were not on agreement with commonsense and good judgment. In a military set-up these would have led to a coup de tat.
Perhaps one very important decision of the President relates to the EFCC and the ICPC. This is a very monumental decision, not only for the rule of law and its maintenance but for our constitutional order. It was Lord Denning, the legendary English Judge who declared "Be not so high for the law is above you."
One of the greatest achievements of the Obasanjo's regime is that it promulgated the EFCC. It was given the widest power possible. Robbers in executive positions were now in trouble.
They saved Nigerian's money in all parts of the world.
One over whom injunction was recently imposed and over 20 million in English pounds in his banks including houses and other resources. There was no evidence that he inherited any money from his parents or that he was engaged in some lucrative business. Apparently, these were money given to his state for the maintenance of the people of the state and he appropriated most of them to his personal and family ownership.
He would go around in his life as a very rich man. President Obasanjo attempted to stop all this.
Look at Deprieye Alamieyeseigha. He stole a colossal amount, without trial he was put in prison, may be this is what he deserved but this did not comply with the law. When he was later charged he plea-bargained and was set free leaving him to brag "that he was fighting for the Niger-Delta people."
The EFCC hunted some of these men in executive positions with great zeal. The cry that followed was that it was political persecution that they did not agree with Obasanjo in his third term bid that Obasanjo was a wicked man. None of them admitted that they had stolen public funds, and therefore deserved this punishment.
We have a lot to learn from the Europeans. When they are down they admit everything, but in Nigeria someone must be hunting them. Dariye, a master in appropriating public money ran away from Britain like his colleague Alamieyeseigha.
But President Yar'Adua now saw the lawlessness in some behaviour o f the EFCC and decided that it must be curbed and brought within the law. Henceforth no Nigerian citizen can be arrested and charged to court without the authority of the Federal Attorney-General and Minister of Justice. This is how it should be in the first place.
This means that the facts that the case must be laid before the Attorney-Generals and his opinion formally given, "No more cutting of corners."
There was a recent "cutting of corners" in Malawi where the corruption agency and the police invaded the house of a judge on the suspicion that he had collected a bribe. This was because he gave an order against the Speaker of that National Assembly to stop certain excesses. His house was turned upside down but nothing was found. This gruesome behavior is what President Yar'Adua intends to stop in Nigeria.
Our own politicians are capable of this brand of uncivilised and brutal behaviour particularly under the PDP dispensation. Disregard for the rule of law has become very prevalent. Governors were impeached without any reference to law and proper constitutional order.
All were done so that they could have opportunity to steal money as the governors had done. But now under President Yar'Adua you must follow the law. By his actions he has promoted respect for the constitution. The constitution must be respected by abiding with it.
Recently the previous government ignored all the rules of the constitution by entering into a contract to build certain hospitals in the locality of the 774 local government areas of the country. This was specifically prohibited by the constitution.
This was blatant abuse of power as the Federal Government has no powers to interfere so extensively in spending local government money.
President Yar'Adua was obliged to stop the contract as some people are already in court challenging the action of the Federal Government. As far as state governments were concerned they spent local government money with impunity and never bothered about the welfare of the local people. Here the Federal Government followed this calamitous habit. President Yar'Adua now says that the rule of law must be followed.
Perhaps the President is aware that without the rule of law all we do is irrelevant and cannot give Nigeria a profound foundation and respect.
Both our constitution and our Supreme Court have proclaimed the nexus of the rule of law. The African chapter on human and peoples rights has also inaugurated a far reaching human rights in Africa with fundamental effect on our concept of the rule of law and its gurant practice within our law.
Chapter 4 of our constitution state rigorously our fundamental rights against which a government could not assault. This was clearly demonstrated in the case of Sugaba Abdul-Raman who was the leader of the Borno House of Assembly. He was summarily deported out of Nigeria by the Shagari Government, but the courts held this deportation unlawful and unconstitutional.
The fact that his mother was born here in Nigeria and his affidavit evidence were enough to sustain his citizenship as a Nigerian per Obaseki in Ukwannenyi v the state 1989 1 NWLR (part 114, 113 at 149) declared in support of the rule of law that against vengeance that "thus under our law the death of a relation at hands of a felon does not constitute provocation to enable the relation of the deceased to take the life of either felon or an innocent relation of the felon" in the case of Lagos State Government v Federal Government President Obasanjo allowed vengeance to prevail against the rule of law after the Supreme Court had pronounced the right of Lagos to the money.
This is what President Yar'Adua wants to change in his administration. The rule of law must prevail no matter who is involved. Perhaps one fantastic display of this broad philosophy of the new President is that he went forward to declare his assets, not only as the former governor of his state but as the President of Nigeria.
The declaration of assets had always been a very secretive affair only known to mentor of the code and the declarant. Henceforth it must be made public for the citizens of Nigeria to know the wealth of its rulers.
While there have been those who praised his conduct, there have been critics (as usual in Nigeria). Even his Vice has refused to follow the example until recently. There are those who claimed that the President did not state how he got his wealth and to state where they came from. My view is that this is a very valid point but neither any law nor the constitution makes this requirement compulsory.
The law can still be made to disclose the sources required, if the law-makers so wished but until then what has been declared is what the law requires.
By this declaration, President Yar'Adua has made first in his political career at the Presidency. Remember he made a similar declaration when he was governor of his state and there is no evidence that he stole any public money.
No governor followed his example and they went on to steal public money with unparallel zeal. Whether one likes it or not President Yar'Adua has created an unparallel record that should be followed in Nigeria.
Dr. Onagoruwa was Minister of Justice and Attorney General of Federation
