President Muhammadu Buhari
Aso Rock,
Abuja Nigeria
Dear
President Buhari:
When you visited the
United States Institute of Peace last July, you pledged that you would be "fair, just and scrupulously follow due
process and the rule of law, as enshrined in [the Nigerian] constitution"
in prosecuting corruption.
Such loftiness is laudable. As the Bible instructs in Amos 5:24: "[L]et justice roll down like waters, and righteousness like an ever-flowing stream."
Such loftiness is laudable. As the Bible instructs in Amos 5:24: "[L]et justice roll down like waters, and righteousness like an ever-flowing stream."
But to be just, the law must be evenhanded. It cannot, in
the manner of Russian President Vladimir Putin, be something that is given to
punish your enemies and withheld to favor your friends. If so, the law becomes
an instrument of injustice bearing earmarks of the wicked rather than the good.
In the United
States , you declared a policy of "zero tolerance" against
corruption. You solicited weapons and other assistance from the United States
government based on that avowal. But were you sincere?
During your election campaign, you promised widespread
amnesty, not zero tolerance. You elaborated: "Whoever that is indicted of corruption between 1999 to the time
of swearing-in would be pardoned. I am going to draw a line, anybody who
involved himself in corruption after I assume office, will face the
music."
After you were inaugurated, however, you disowned your
statement and declared you would prosecute past ministers or other officials
for corruption or fraud. And then again you immediately hedged. You were reminded
of your dubious past by former Major General and President Ibrahim Badamasi
Babangida, who succeeded your military dictatorship. He released this
statement:
"On General
Buhari, it is not in IBB's tradition to take up issues with his colleague
former President. But for the purpose of record, we are conversant with General
Buhari's so-called holier-than-thou attitude. He is a one-time Minister of
Petroleum and we have good records of his tenure as minister. Secondly, he
presided over the Petroleum Trust Fund, PTF, which records we also have. We challenge him
to come out with clean hands in those two portfolios he headed. Or we will help
him to expose his records of performance during those periods. Those who live
in glass houses should not throw stones. General Buhari should be properly
guided."
*Amaechi, Buhari, Fashola
You then swiftly backed off your zero tolerance policy
because you would have been its first casualty.
You opportunistically announced that zero tolerance would
be narrowed to the predecessor administration of Goodluck Jonathan because to
probe further would be "a waste of time." That conclusion seems
preposterous.
In 2012, the World Bank's ex-vice president for Africa , Oby Ezekwesili, estimated that a stupendous $400
billion in Nigerian oil revenues had been stolen or misspent since independence
in 1960. The lion's share of that corruption spans far beyond the Jonathan
administration.
Your zero tolerance policy seems to come with a squint to
avoid seeing culpability in your political friends. A few examples are but the
tip of the iceberg.
A Rivers
State judicial commission
of inquiry found that N53 billion disappeared from the Rivers State Reserve
Fund under former governor Rotimi Amaechi. Former Lagos governor and head of your campaign
finance team Babatunde Fashola was accused of squandering N78 million of
government money to upgrade his personal website. The EFCC has ignored these
corruption allegations, and you have given both promotions: the Ministry of
Transport to Mr. Amaechi, and the Ministry of Power, Works, and Housing to Mr.
Fashola.
*Diezani Alison-Madueke
In contrast, you have played judge, jury, and prosecutor
in the newspapers to convict former PDP Petroleum Minister Diezani
Alison-Madueke of corruption.
Is this evenhanded justice?
United States Supreme Court Justice Robert Jackson taught:
"[T]here is no more effective
practical guaranty against arbitrary and unreasonable government than to
require that the principles of law which officials would impose upon a minority
must be imposed generally. Conversely, nothing opens the door to arbitrary
action so effectively as to allow those officials to pick and choose only a few
to whom they will apply legislation and thus to escape the political
retribution that might be visited upon them if larger numbers were
affected."
To investigate or prosecute based on political affiliation
or opinion also violates Articles 2 and 7 of the Universal Declaration of Human
Rights. It is unworthy of a great nation like Nigeria .
Make the hallmark of your administration justice, not
retribution, and you may live for the ages.
I am a United
States citizen and lawyer. I have no
political standing in Nigeria .
Some might argue that my speaking about the administration of justice in Nigeria
bespeaks impertinence. But you chose to visit the United States to solicit weapons
and other assistance from my government--a government of the people, by the
people, for the people. The United
States government represents me. What the United States
government does reflects on me. I thus have an interest in addressing the
actions of foreign governments that receive United States government aid.
Sunshine is said to be the best of disinfectants.
Sincerely,
Bruce Fein
*Bruce Fein is an American
lawyer who specializes in constitutional and international law. Fein has
written numerous articles on constitutional issues for The Washington Times, Slate.com, The New York Times, Legal Times, and is
active on the issues of civil
liberties. He has also worked for the American
Enterprise Institute and the Heritage Foundation, both
conservative think tanks,
as an analyst and commentator [Source: Wikipedia]. Mr. Fein's open letter first appeared on Hughington Host
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