Ochereome Nnanna
24 February 2008
opinion
WE can now count, at least, four instances where President Umar Yar' Adua has perturbed the Justices constitutionally saddled with the responsibility of deciding his political fate. These acts, also described as "interference", "intimidation", "inducement" or "undue influence" by his critics are so subtle that in each case the President has what can rightly be called credible defence.
Following the series of well applauded tribunal and court verdicts that have removed at least six People's Democratic Party (PDP) governors from office to date, the President had, on the 5th of November 2007, read an address in which he called on the courts and election tribunals to shun what he described as "populist" verdicts that did not accord to the rule of law. He declared: "the decisions of the courts must be in according to the law and not according to public sentiments". On the face of it, this is a fair presidential charge to judges, coming from a president who proactively orders the immediate implementation of court verdicts, especially where the removal of governors were final as in the cases of Mr. Andy Uba in Anambra State, Sir Celestine Omehia of Rivers and recently Alhaji Ibrahim Idris of Kogi States.
Nobody would have grumbled if Yar' Adua did not have a case pending against him at the Court of Appeal, a case that many people view as an uneasy one given the perceived flaws of the April 21 2007 presidential. What should pass as a harmless presidential advice was seen in some quarters as a "warning" and an attempt at "intimidation" of judges who hold his political fate in their hands.
About a month ago following the closure of arguments by the prosecution and defence counsels at the Presidential Election Petition Tribunal, fearing that a verdict was imminent, the Presidency sent combat-ready police and military personnel to the venue of the court in Abuja, which then cordoned off the venue. But that did not stop a horde of ministers, top political office holders and sympathisers of the President from besieging the court "in solidarity" with the President. Again, the opposition and the lawyers of the chief petitioners, General Muhammadu Buhari of the All Nigerian People's Party (ANPP) and Alhaji Atiku Abubakar of the Action Congress (AC), cried foul, alleging attempts to intimidate the judges.
If not for the fact of our recent history of former President Olusegun Obasanjo's serial abuse of his powers over the armed forces (where police chiefs were used to abduct a sitting governor and perpetrate all forms of evil in Anambra, Oyo, Plateau, Bayelsa, Ekiti and other states) what could possibly be wrong with taking security precaution on a major judgement day? Again, we are daily witnesses to the nauseating trend of alleged supporters of politicians on trial besieging court premises chanting wild solidarity songs and carrying placards urging judges to release their men on trial for looting treasuries.
I CAN report that during the first trial of the suspected fake drug king pins, who were charged with the attempted murder of the Director General of the National Agency for Food and Drug Administration and Control (NAFDAC), Professor Dora Akunyili, ministers and top government officials routinely visited the venue of the trial when Akunyili was testifying to show her solidarity. It has become an infamous norm, but because the President of Nigeria is involved in this case (with his covert and overt powers to influence given situations) it attracted a big furore from his opponents and social watchdogs.
Within a space of one week, the President appeared to change style. From his perceived mild acts of perturbation and harassment, he offered what his opponents called carrots. On Thursday, February 16th 2008 the Chief Justice of the Federation, Kutigi, was one of the 208 eminent Nigerians given national honours. He bagged the second highest honour of Grand Commander of the Order of the Niger (GCON) by courtesy of President Yar' Adua. Seven days later, the President also forwarded the names of Justice James Ogebe, the Chairman of the Presidential Election Petition Tribunal handling his case, as well as that of Justice Muntaka Coomassie to the Senate for promotion as Justices of the Supreme Court (JSC). These names were recommended to him by the National Judicial Council (NJC).
Let us take these so-called attempts at "bribery" one after the other. National honours, especially during the period that Obasanjo held power, were given to holders of public office, rather than achievers. As a result of the high rate of turnover which he engineered among holders of sensitive political offices, especially the posts of National Chairman of the PDP, President of the Senate and the Inspector General of Police we ended up having four Commander of the Federal Republic (CFR) awards for Chief Solomon Lar, Dr. Barnabas Gemade, and Mr. Audu Ogbe and Dr. Ahmadu Ali; three CFR for IGP Musiliu Smith, IGP Tafa Balogun and IGP Sunday Ehindero; and also four GCON for Senate Presidents Evan Enwerem, Anyim Pius Anyim, Adolphus Wabara and Ken Nnamani, even though the last three later fell out of favour. Senate President Chuba Okadigbo never got because he was never in favour. National honour became the president's certificate of performance to loyalists, though some of the awardees committed outright heinous crimes, with Tafa Balogun being convicted and jailed for stealing. Till date Tafa, a convicted thief, is a holder of our CFR!
Yar' Adua is simply continuing Obasanjo's legacy of giving national honours to office holders. This can be explained as a reason behind the award of the GCON to Kutigi, even though he will preside over the final appeal of the presidential petition. The question arises: should Yar' Adua have left Kutigi's name out because he is to sit in judgement over the president's case, while other office occupants like Senate President David Mark got theirs? The same question applies to Ogebe's matter. Should the President have sent back Ogebe's name to the NJC because he is presiding over the presidential election petition?
The problem that drags Kutigi and Ogebe into this matter goes beyond Yar' Adua. It is systemic. There is a lot of poverty in the administration of our state affairs. The quality of mind processes is very low, myopic and self-serving. Why should we give national awards to current occupants of public office? The foolishness of it all has often manifested in the fall of some of the award holders from grace on grounds of corruption. It is now obvious that the president gives awards to current office holders to oil the wheel of their loyalty to him and water his personal interests. It is in this light that the award of GCON to Kutigi while he is about to sit on the President's petition is rightly questionable and condemnable. More is the pity that Kutigi accepted the award. He could have quietly declined the offer until the presidential petition is disposed of or he retires as CJN.
In the same vein, it is worrisome that the NJC chose this inauspicious moment to recommend Ogebe as a Justice of the Supreme Court to the President. They could have waited just a few more weeks! But in their blind and unthinking haste, they made their recommendation to the President. More is the pity that the President did not ask for deferment of this act until the judgement, which comes up tomorrow February 26th 2008, is pronounced.
AS a self-acclaimed stickler for due process and the rule of law, he should have known that promoting Ogebe to the Supreme Court just when he is set to read the verdict of the election petition against him amounts to an inducement or undue influence, even if that was not intended!
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