Daily Independent (Lagos)
Adam Adedimeji
8 July 2009
Lagos — Sebastian Bartholome Ozoana can be described as a police lawyer. He has handled many cases for the police, including but not limited to the suit filed by the late Fela Anikulapo Kuti against the then DPO of Ikeja Police Station, the burning of Bulama Police Station by the Army in 2005 and the ongoing case between the former Chairman of EFCC, Nuhu Ribadu and the Police. Born in Jos, Plateau State, his legal practice spans over 24 years. While still in service, and because of his passion for the legal profession, he decided to read law. He later resigned from the police to practise the profession of his dream. In this interview with LAW EDITOR Adam Adedimeji, he speaks on the crisis at the Niger Delta and how the issue of corruption can be solved.
Excerpts
Nigerians see our leaders as not being sincere in fighting corruption. They believe that emphasis is placed on theory rather than action. For instance, what does it take for the Federal Government to release the names of those involved in the Halliburton scandal?
The Halliburton scandal is something that is going to be a test case for YarAdua's administration and I think it is good thing that they have set up a Committee to go into the matter. But reports from the newspapers show that the American government is not forthcoming in trying to assist the government. If they had made public the names of those Nigerians that were alleged to have been involved in the scandal, it would have been easier for the government to take action. But when American government is not willing to release the names of people involved publicly, the government might have a problem in trying to get at those people. I don't believe in sending the names secretly to the government, it should be made public, so that everybody will be aware of it.
You are known to represent the Police in various cases, how do you see the perception of Nigerians of an average policemen as the most corrupt set of people in the country?
It is unfortunate that people see the Nigerian Police force as corrupt. You see, it takes two to tango, so they say. The Nigerian system encourages corruption but if you don't give, nobody will receive. You see a Nigerian committing an offence, he would be denying it or prefer to bribe. If Nigerians are ready to face prosecution when they commit an offence, there would be no question of bribery made against the police. But, it is rather unfortunate; I think the battle should start from the public. Let members of the public make up their minds not to give. If you don't give bribe, no police man will receive. And if you happen to commit an offence, be prepared to face the law and not to give money to anybody. That I think is part of the solution.
You concurred that they are corrupt but you're saying the public corrupted them?
I have not said they are corrupt, but just as I said earlier, it takes two to tango.c
How would assess the EFCC in its fight against corruption in Nigeria?
My understanding is that notwithstanding the exist of the pioneer chairman of the EFCC, Mallam Nuhu Ribadu, with all modesty and sincerity, the current chairperson, Mrs. Farida Waziri, has been able to sustain the fight against corruption. Her method might the different from that of Nuhu Ribadu but I see her observing due process in all her operations as against what we have seen before when things were done without due process.
With recent arraignment of Ndudi Elumelu of the House of Representatives and others, can we say that Farida Waziri is now serious with her job?
I think that is one of the actions she took that will make people see her as being serious with her job. But I personally believe also that even before arraigning Ndudi Elumelu and company, she has been serious with her job.
What I mean by that is that since she came on board, she has been executing her functions as the Chairman of EFCC without minding whose horse is gored. Like I said earlier, she follows the law in the performance of her duty.
But many Nigerians still continue to compare Ribadu's tenure with that of Waziri and often come to the conclusion that Ribadu was more vibrant in fighting corruption than her.
Well, whoever has that opinion is entitled to hold that opinion but don't forget as a matter of fact that during Ribadu's time, a lot of things were done without due process and this is what Mrs. Waziri is now doing in making sure they are corrected. She performs her functions by following the laws of the land. If you recall, during Ribadu's time, members of the Plateau State House of Assembly were brought to Abuja in order to impeach the governor of the State. He did the same thing in Bayelsa State. A lot of things Ribadu did that time were outside the law. Ribadu's approach was what I like to call Machiavellian policy, that the end justifies the means. Machiavellian believes that whatever you want, how you get it does not matter but that you got it is the most important thing. If a man is standing between Machiavellian and getting this book that I'm holding, as far as Machiavellian is concerned he will eliminate the man and get the book. That was the method Ribadu used. But Farida Waziri observes the law in doing her things. You can see the difference.
At that time once Ribadu is after you, he used all means both legal and illegal to get at you. It happened in Plateau State as it happened in Bayelsa State. But, Farida Waziri would not do that.
But, how best do you think Nigeria can combat corruption?
Well, you see, to tackle corruption is not easy; tackling corruption needs courage, stamina, sincererity and a lot of other things and not lip service. The moment we drop lip service in fighting corruption, we would have taken corruption headlong. Fighting corruption should begin with individuals in this country by searching our various consciousnesses. We also need to eschew corruption; it is a battle that is for everybody, it is not a battle for the President or his Vice. It is not even a battle for the EFCC, it is a battle everybody should be involved in right from the family level. We should avoid corruption at the family level.
Is there any case you have handled for the police that you consider classical in your carrier as a legal practitioner.
One of the cases I did for the Police which I will ever live to remember is the case of private prosecution of the then DPO of Ikeja Police Station who is now late. He was privately prosecuted by the late musician Fela Anikulapo Kuti. It was alleged that the DPO shot and killed one of Fela's boys in 1988. So Fela, got the permission of the Attorney General, Lagos State to prosecute the then DPO.
The prosecutor who handled the case for Fela was Femi Falana, I was consulted by the Police authority to defend the then DPO for the alleged offence of murder. At the end of the day, the DPO was found not guilty of the murder because there was no connection between the DPO and the man who was alleged to have been shot. The then DPO was discharged and acquitted of the offence of murder. That case will forever remain evergreen in my memory.
Is it because you defeated Femi Falana in the case or why is this particular case so special to you?
No, it is not a question of facing Femi Falana. As at that time most of us, including Falana, were relatively young at the bar. What made it very memorable was that for the first time in the history of this country a private person has to obtain a fiat or permission of the Attorney General of a State to privately prosecute a murder trial.
That made it very important and very memorable, normally it is the state that should prosecute in criminal cases but this case was unique as the Lagos State Attorney General gave Fela Anikulapo Kuti the permission to prosecute that DPO. It was precisely what I think Gani Fawehinmi wanted to do against Col. Togun and Halilu Akilu. Gani wanted the permission of the government to prosecute Togun and Akilu for the murder of Dele Giwa but he did not succeed.
The issue of Ribadu's demotion by the Police is still fresh in our memory. As the lawyer who represented the Police, would you say his demotion is justified?
You see, this matter is what we called subjudice, when a matter is pending before the court. But, it is not for Ribadu to say that he was demoted. He was rather reverted in rank. There is a different between demotion and reversion. When you reverse something, you are bringing that thing back to its former position. But, when you are demoting somebody, you are bringing him down as a result of an offence committed. They are two different things, though Ribadu claims to be demoted but the Police authority is saying he was merely reverted in rank. So, it is the court that will determine whether, he was demoted or reverted in rank.
How do you see the war between the Joint Military Task Force (JTF) and the Niger Delta militants?
I wouldn't like to call it war, you see, war is much more serious thing. I don't think there is any war in Nigeria for now. What is happening is that the militants are doing something illegal which the government is trying to control. As far as I am concerned, there is no war between the JTF and the militants. What the JTF is trying to do is to stop the acts of criminality being committed by the militants. There is no war between the JTF and the militants.
Do you think the way Federal Government is addressing the issue will yield any positive result?
I always believe in dialogue, violence cannot cure violence, in situations like this, what I recommends is dialogue. If Israelis and the Arabs can one day go to the conference table and tried to resolve their differences, there is no reason why the present situation in the Niger Delta cannot be solved through dialogue. I believe that dialogue is the only solution to what is happening in the Niger Delta.
But, we are not using dialogue, it seems it has failed
Even if dialogue seemed to have failed at a certain period of time, it remains the only solution that can cure problems. I just gave the example of Israelis and the Arabs. Israel was created in 1947 by the League of Nations and the moment Israel was created, not even up to a year after, the first Arab\ Israeli war erupted. That time, the Arabs will never like to talk to Israelis but eventually they had to talk. So, dialogue still remains the only solution. Even if there is war between two nations, at the end of the day, it is dialogue that will still solve the problem.
Some States have enacted laws that make kidnapping a capital offence; do you think this is necessary?
Well, you see, passing stringent laws to counter certain criminal acts is just a way of trying to solve the problem on hand. I do not think that making kidnapping a capital offence will stop it and I give you the reason. After the civil war in Nigeria, the use of arms to commit robbery became very rampant, government of the day went on to make armed robbery a capital offence and till today, it is a capital offence but that has not stopped armed robbery. We still have armed robberies in the country.
So, armed robbers, despite the fact that if they are caught they will face death penalty, they are still robbing with arms everyday. That will show you that making stringent laws does not and might not cure that particular act. But, I sympathize with governors who are doing that, they are just doing so at least to show that they are doing something. Because when you have a problem at hand, you just don't fold your hands, you must do something rightly or wrongly to counter that particular thing.
How do you describe the political situations in Anambra State?
There is nothing unusual in the happenings in Anambra State. What bothers some people is when Obi came in; the Supreme Court decided that his term in office will begin when he was sworn-in as governor. So, many have been wondering what happens to the executive actions taken by his predecessor, Ngige whose election was declared null and void.
My opinion is that even though Ngige's election has been declared null and void, executive actions taken by him will still remain. The actions of public officers will remain or will be presumed to have been rightly done until the contrary appears. And you know that in government there should be no vacuum. The act of government avoids vacuum, there must be somebody there to exercise power of government at a particular time. It would be wrong in my view to say that all actions taken by Ngige, the former governor is null and void that would not be right.
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