A Stronger Challenge Than Swatting A Fly

By Chuks Iloegbunam

The fight against insur­gency is not as straight­forward as swatting a fly. In the past week, I have snatched every free time that strayed into my schedules to criti­cally look again at two invaluable books on Nigeria. Professor Ben Nwabueze (SAN), one of Africa’s most renowned constitutional lawyers, authored both. The one book is How President Obasanjo Subverted Nigeria’s Federal Sys­tem; the other is How President Obasanjo Subverted the Rule of Law and Democracy. Gold Press Limited, Ibadan, published the books simultaneously in 2007. These seminal works, each of 22 chapters, pack a combined pagi­nation running to nearly a thou­sand pages. They demonstrate incontrovertibly that Nigeria’s primary political problem issues directly from the bastardization of its Federal constitution.

This indictment appears on the blurb of How President Obasanjo subverted the Rule of Law and Democracy: “This is an account of how President Obasanjo turned Nigeria from a law-governed state, a legal order, bequeathed to us by the British colonialists, into a lawless one; from an organization of power and coercive force limited and regulated by, and to be exercised in accordance with, law into a system of personal rule in which law was replaced more or less by arbitrary whims and personal political interests of one indi­vidual, and in which government actions were determined largely by might, by the application of organized coercive force in the exclusive monopoly of the state, altogether careless of legality.”

Anyone who reads these books will find detailed exam­ples, page after page, of how a man elected to promote the development of his country’s nascent democracy behaved, by words and actions, like a bull in a china shop.

Professor Nwabueze detailed how Obasanjo’s government wantonly bastardized the concept of the separation of powers, how, in illegality, it forced Governors DSP Alamieyeseigha (Bayelsa State), and Rashidi Ladoja (Oyo State) from of­fice; how it illegally impeached Governors Joshua Dariye (Plateau State) and Ayo Fayose (Ekiti State); how that government compromised the judiciary; how it turned the De­partment of State Security (DSS) and the Economic and Financial Crimes Commission (EFCC) into Leviathans for the annihila­tion of perceived opposition; and how Obasanjo routinely violated Governors’ constitutional im­munity. The books detail count­less other anti-Federal acts and actions perpetrated under Oba­sanjo’s watch.

Two questions arise:

(1) How did Obasanjo literally get away with murder?

(2) Is today’s Nige­ria a regression into a nightmar­ish replication of Obasanjo’s to­talitarianism?

There is for every cause, a con­sequence. During Obasanjo’s despotism, Odi was flattened; Zaki Biam was pulverized. These resulted in the massacres of in­nocent thousands. Of course, the military expeditions were not altogether surprising, com­ing as they did from a man who, as military Head of State, had set up the Ita Oko penal island, where Nigerian citizens were banished into oblivion. Is Nigeria banished now to the avoidable and intractable consequences of despotism, at the hands of someone who, as military Head of State, condemned Nigerian citizens to death on the strength of a retroactive decree? These questions are apposite, given the volatile developments unfolding in the Niger Delta. All kinds of militant groups are emerging or re-emerging, destroying pipe­lines and oil installations. In their first incarnation, President Oba­sanjo failed to halt and reverse their threat and potentiality for knocking the country down to its knees. He thought the problem could be combated and defeated by the brutish application of mili­tary force. He failed woefully.