If there was any truism to theaphorism that the worst civilian regime is better than the best military rule, it is the above excerpted from the statements made by President Muhammadu Buhari during his recent visit to Iran.Kudos must be given to Mr President for regretfully acknowledging that a democratic government cannot behave like a military junta.
More importantly this cold reality espoused by the President should become a book of the law for the officials of the administration which must not depart from their lips and in which they should meditate day and night so that the administration way may be prosperous with good success attending .
This admonition becomes necessary given the way they have handled the trial of former National Security Adviser, NSA, Col Sambo Dasuki whose prosecution is daily wearing the garb of persecution because of the seeming observance of due process in the breach.
Former national security adviser of ex-president Goodluck Jonathan, Sambo Dasuki
The Babangida military junta was planning to remove fuel subsidy towards the end of 1986 and a litre of fuel was to go from 42 kobo to 70 kobo. The then NLC President,Paschal Bafyau and some of his officials were in security custody because of organised Labour’s opposition to the policy.It happened that the convocation of then University of Ife(now Obafemi Awolowo University) was fixed for December 19 and Babangida was expected at the event.He did not show up but was represented by his Naval Chief, Admiral Patrick Koshoni.
Shortly after the commencement of the event, students milled at the gate of the convocation arena at Oduduwa Hall singing protest songs against the planned removal of fuel subsidy and the detention of Labour leaders.The spontaneous protest lasted throughout the event in spite of the fact that the students union was under ban following the ABU crisis of 1986.
When it was time to depart,Admiral Koshoni had to escape in the official car of then Military Administrator of Oyo State, Col. Tunji Olurin as there was no way to get to the chopper that brought him which landed on the sports field.The security attached to them fired teargas at the protesting students as they hurried out of the campus which made the students to turn their songs to pebbles.
The newspapers had their front pages the following morning screaming: “Protesting Ife Students Stone Koshoni”. The university administration under Prof Wande Abimbola swung into panic mode and quickly looked for students it had beef with. It picked 10 members of the editorial board of the most fiery magazine I edited on campus then, sprinkled with just others for suspension. It also banned our magazine.The newspapers were screaming two days after the incident: “Koshoni Affair:Ife Varsity Suspends 12”.
Peoples’ lawyer
We came down to the chambers of the late Alao Aka-Bashorun in Lagos to seek help.The people’s lawyer assigned Mr Femi Falana to proceed to Ife High Court to challenge our suspension. The headlines roared: “Suspended Ife Varsity Students Fight Back” and we returned to campus on the injunction from the court.
On the day of substantive hearing the university hired Prof Kasumu(SAN) who came with a horde of lawyers carrying frightening books. Our counsel Falana walked into the courtroom with a small bag. When the case was called, he said he was relying on the handbook of the university to prove that our suspension was a violent violation of our right. He quoted the section that gives the Vice-Chancellor the power to discipline students IF they have been found guilty of any offence. “My clients were not tried for any offence before they were suspended. The only way the Vice-Chancellor could have determined their guilt in this instance is if he had contacted Ifa oracle(a pun on the VC’s discipline as an authority in Ifa).
Prof Kasumu was crestfallen and prayed the court to allow the university to go and try us according to the rule book but Falana punctured that with: “My Lord, equity does not allow double jeopardy. They want to punish my clients twice over suspicion?”. The judge adjourned for judgement.
On verdict day, he nullified our suspension and granted us a perpetual injunction upon which I can boldly say today that many of us accused by the university were part of the protests though we didn’t throw stones.If the authorities were well tempered to go through due process, they could have established our participation. Not following the rules made the judge to say: “The university in a moment of administrate haste and executive recklessness abandoned its own book of rules to use the thumb to deal with the plaintiffs and I am left with no option than to nullify the action. Boys,you can go back to school”.
The above incident keeps pouring into my memory anytime I reflect how our officials are allowing emotions to override due process of the law in the case of Sambo Dasuki.This column holds that if Dasuki has helped himself with public funds all due process of the law must be used to recover such from him with the appropriate sanctions to boot.
Until that painstaking process is followed through, he must like every other citizen be accorded all his rights and privileges.The handlers of his case have not acquitted themselves creditably well in this regards.First, they invaded his home about four days after leaving office and they told us it was because he stockpiled arms and money. When they began the serial charge, they said they found four rifles in the home of a man who had powers to approve importation of bombs into the country less than a week to the ransacking of his home. Later on they said they found less than $300,000 in the vaults in his house (But,we are not hearing anything on the millions of dollars they said they found in Akwa Ibom Government House on a similar invasion again!).
Dasuki says he is ready to face trial but that the court should allow him to go and treat himself. The court was convinced and issued an order to that effect.The enforcers refused to allow him go in defiance of court order and yet to the same they returned to seek order to detain him.
In the midst of all that, came the unfortunate statement that the President has ordered the arrest of Dasuki.That was an avoidable low as the office of Mr President ought to be insulated from such executive shenanigans. Even military regimes ensured that the signing of Decree 2 was a preserve of the Chief of General Staff and not the Head of State.
The actions of these officials unfortunately are being heaped on Mr President as exemplified by a report in Washington Times which states inter alia: “After celebrating fairness, due process, and the rule of law last July to win the goodwill of the United States, Mr. Buhari returned to Nigeria to mock all three in a vendetta against Dasuki, the immediate past National Security Adviser.
“He placed Mr. Dasuki under house arrest. He confiscated his passport. He charged him with firearms and money laundering violations. He sought a secret trial to prevent independent scrutiny.
“He opposed Mr. Dasuki’s pretrial application to the Federal High Court sitting in Abuja for permission to receive urgent medical treatment for cancer in London, but it was nonetheless granted.
“Justice Adeniyi Ademola explained that an accused is presumed innocent before trial, and that a citizen’s health is paramount before the law. Mr. Buhari was ordered to release Mr. Dasuki’s international passport.
“Mr. Buhari defied the order. He put Mr. Dasuki’s house under siege, a microcosm of the Bosnian Serb siege of Sarajevo. Mr. Dasuki returned to court. Justice Ademola reaffirmed his order, asserting: “My own orders will not be flouted.”
How would we know that a Nigerian President’s perceived enemy could be eliminated and he would read about it in the newspapers.He may not even read the story if officials decide to print different versions of the papers that the public read. It sure does happen!
It is not too late to reverse this perception by obeying the order that Dasuki should be allowed to travel for his treatment. Security details could be assigned to be with him while he is abroad to ensure he returns to the country if the administration fears he may not want to come back.
His trial for whatever offenses he committed would be seen as a judicial prosecution upon his return and not political persecution as is currently perceived. It would be very difficult for fair minds to ignore the process and look at the charges only under this atmosphere.
Source; Vanguard
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