Adams Oshiomole, former President of the Nigerian Labour Council (NLC), immediate past governor of Edo State and, most recently, National Chairman of the All Progressive Congress (APC, has called on the Federal Government to “deal ruthlessly with looters” of the national treasury. The reports of Oshiomole’s statement carried in the Nigerian newspapers variously led with this headline “Buhari should deal ruthlessly with looters.”
 |
| *President Buhari |
The constitution that restored democracy apparently did
not fully restore the “republic” as the president was endowed under what
Nigerians must see as a transitional constitution with enormous, perhaps in
fact extraordinary powers which has made the office seem almost an absolute
authority. But even given all that, the basic frame of the constitution
restored the sovereign will of the federation to the Legislature or Parliament
of the land, constituted in Nigeria under the National Assembly, which is
empowered to make all laws, including appropriation and spending laws, and
approve all budgets, including all extra-budgetary spendings, to the extent
that it is considered treasonable act for the executive to violate the finance
laws as enacted by the National Assembly.
And if the president breaks that law, and spends outside of
the budget act, he is liable for impeachment and prosecution. That is what
actually is called “corruption.” To break the laws as enacted or as amended by
the constituted Assembly of the land, which has the constitutional power and
obligation to scrutinize and query the president on the conduct of the state,
especially on the financial conduct of the state, and the conduct of war, or
the use of emergency powers. The president has no powers under the law to
deploy the military anywhere in the federation, or commence war, without the
authority of the National Assembly.
That is why the military operation “Operation Python Dance”
in the East, which was conducted without the authority of the National Assembly
is an act in defiance of the constitution, and of the Legislature of the land,
and this president must be sanctioned for it. In any case, the Legislature is
possibly the most powerful institution of the state, for unless the Legislature
says to the executive, “spend” can it spend, and failing which an impeachment
proceeding, and prosecution. It is actually within the powers of the National
Assembly, to strip the president of his powers and his immunity, and to enact a
law, permitting a Public Prosecutor to investigate the office of the President
of the Federation, or constitute a committee of the Senate to examine the conduct
of the president within the given ambit of the law.
The most powerful security apparatus of the land is not, and
should not by law be, the office of the National Security Adviser. That office
is only part of the Presidential advisorate, and functions under the budget of
the presidency. It is not designed to be an operational body. The most powerful
security outfit of the Federation ought to be the Nigeria Police, properly
established, funded, and motivated. Policing is the means by which democracies
survive. It requires institutional authority of the kind that makes its
leadership loyal to the constitution, and not to the president. It is the
police, properly established, recruited, and trained that secures the republic.
It is the Police through its Criminal Investigations Directorate that
anticipates the onset of a crime – including such high crimes as financial
crimes – investigates, gathers unimpeachable evidence, and prepares a case for
the prosecutorial arm of government, the Department of Public Prosecution of
the Ministry of Justice.
The function of the Police is to enforce the acts of
parliament, not the orders of the president. This is the fundamental
contradiction of the Nigerian state. And this is why there have been massive
looting and corruption in the state system: the Nigerian police enforces the
order of the president, not the acts of parliament. Corruption in Nigeria
emanates from the Executive authority, and the enormous powers that has been
vested to it by this transitional constitution, makes it dangerous and
unaccountable. It threatens the national security of Nigeria.
That the Nigerian National Assembly has not exercised its
powers, adequately, and appropriately in their defence of Nigeria, since the
return of democratic government makes it complicit in the corruption of
Nigeria. It began with President Obasanjo’s intrigues in 1999 to impose
leadership on the National Assembly “from the throne.” When the late Chuba
Okadigbo finally became president of the senate, and tried to establish
legislative independence and control, it threatened Obasanjo’s own agenda, and
he had to be schemed out. Nigerians kept quiet. The weakening of the Nigerian
parliament began from that moment and it is the greatest tragedy of the
transition to democracy.
Nigerians fought for democracy in order to re-establish
the parliament, the symbol of the republic, and of the power of the people to
regulate the functions and operations of their elected government, and that is
why it is a little heartening that the Saraki-Ekweremadu-Dogara National
Assembly is securing a little more backbone for the lawmakers. Last week, news
reports claimed that the President had “approved” $1 billion for the
procurement of arms at a National Executive Meeting. Perhaps the president still
imagines himself running an Armed Forces Ruling Council, where he could just
come out with a number, and get approval, and “ba kwomi!” This, however,
is an elected, constitutional government, where the president’s job is not to
approve spending. He “proposes” expenditure, and sends it to those whom the
constitution have given the power of the purse of the Nation: Legislators, who
debate, cut, or decide to approve or not approve any further military
procurement to that tune. It is not within the rights of the president to
approve expenses.
Those fall under the schedule of the National Assembly. And I
am glad that the president of the senate reminded him that precisely. He cannot
direct the Treasury to release money that he does not have. The finance committee,
the Ways and Means Committee, the National Security Committee, and the general
committee of both Chambers of the National Assembly will have to debate, and
ascertain by their own methods, whether that money would be approved or not,
and the means by which bidding for the procurement of arms to that tune would
proceed.
It is not military rule, Mr. President. Under democracy, the
president’s power is limited. And so, again, when Oshiomole says the “President
should deal ruthlessly with looters,” one should ask, under which powers can
the president deal ruthlessly with looters? The president does not have the
power to sentence alleged looters to jail. The president should never even have
the power to order the arrest of any citizen. A judge of a properly constituted
court should have the power to issue an arrest order and warrant to the police
– not a president or a governor, or even the Inspector-General of Police!
The Ministry of Justice could prepare a case against alleged
looters, and argue it in a properly constituted court, which should then “deal
ruthlessly” with whoever is found guilty of “looting” Nigeria’s treasury. It
seems Mr. Oshiomole needs to be educated about these little nuances of power,
even though as he has claimed, he has “interacted vertically and horizontally
with power.” I agree with Oshiomole that looters of the Nigerian treasury
should be treated ruthless by law. The question however is: How far
should the past go on those who must be dealt with “ruthlessly?” The looting of
Nigeria did not afterall begin with the Jonathan administration.
Many experts in fact say what happened with Jonathan is a
mere tip of the iceberg. The National Assembly must enact the law that would
establish the powers of an Independent public Prosecutor to investigate
suspected looters. Should they be found to have participated in the looting of
Nigeria must be dealt with harshly by the law. No one should be above or
beneath it. Only the rule of law can save Nigeria from this quandary.
No comments:
Post a Comment