BY DELE MOMODU

Fellow Nigerians, this season of jolliness and bonhomie has not been the best of times for the ruling party, APC, and certainly not for its Presidential flagbearer, President Muhammadu Buhari. It may not be unfair to say that this has been one of the worst weeks since the President returned to power on May 29, not May 19, 2015. The President has come under a barrage of social media attacks for series of gaffes on his part in recent time. The first was the interview he granted the Editors of Thisday newspapers and their sister station, the fast rising, Arise News Channel. That amateurish video production was so dire and awful that had it not emanated from the Presidency it would have been condemned immediately as trash. As it is, it seems symptomatic of the malaise currently dogging the President and his team.

The story was told of how the President’s handlers insisted they must handle the recording themselves and hand the tape over to Arise News Channel. That is fine, no problem, but the production turned out to be beneath acceptable standards of journalism and certainly belied the efficiency and perfection one would expect from the Presidential Team. The audio and vision were not the best, not to talk of the meat of the interview itself. The President came across as someone not too sure, or confident, of himself, and what his job entails. The unfortunate display which was avidly circulated by social media aficionados did not compliment the President at all.

As if that was not bad enough, there was yet another interview, in quick, rapid-fire succession, organised on the government-owned NTA. This one was a total PR disaster for President Buhari despite the fact that the cerebral Vice President, Professor Yemi Osinbajo was co-interviewed by one of the best television personalities in Nigeria, and beyond, Kadaira Ahmed, and in his inimitable intellectual, charismatic and charming manner, the Vice-President tried to limit the damage being done by his boss. As much as the interviewer tried to be mild-mannered and pleasant, unlike her usual combative style, the interview just didn’t flow in the right directions. Opportunities were missed and justifications and explanations were stilted. There were just too many negative soundbites which ignited cyberspace and in no time went viral globally.

As they say, when it rains it pours, and this was the case for APC, two days ago, when The Boss, a popular online newspaper, broke the news of Atiku Abubakar’s trip to the United States of America. For over a decade Alhaji Atiku Abubakar had not been able to obtain a US visa talk less of travelling in that direction. It was one of the nagging questions I posed to him when I got an exclusive session with him in Lagos, long before he won the PDP ticket. His answer became a major point of controversy, as he told me, candidly, that he had applied for American visa and was yet to be granted. Naturally, his political enemies went ballistic and taunted me and him endlessly about his inability to enter the US, as if I was his spokesperson and more importantly as if a visit to the US was indeed a precondition for winning the Presidential election. Many swore that he would never surmount that obstacle, matter-of-factly. They stubbornly rejected the notion that if Atiku was afraid of America, he would never have attempted to apply for a visa, in the first instance and, that, if America wanted him so badly, he would have been granted the visa so that he could be snared and entrapped, or in the absence of that, he would have been put under International Police (Interpol) watch, and he would have long since been picked up on one of his frequent trips abroad. Truth is logic no longer knows logic in our climes.

So, it was assumed that Atiku and America were on permanent divorce, due to irreconcilable differences. At a point, even the ruling party warned the United States not to be swayed or tempted to issue him the much sought-after visa, and everyone wondered if it was their business to dictate to America. Now, let’s fast forward. Atiku won the Presidential ticket of PDP and went about his business. His victory was dismissed by the APC as a non-event and its supporters even boasted, openly, that Atiku will never defeat Buhari. They never forgot to end by adding, “a man who cannot attempt to enter America.” But the ways of God are not the ways of man. The men of power began to flex muscles and subjected Atiku to subliminal attacks. A Vice-President of the Federal Republic of Nigeria for eight years, from 1999 to 2007, some courtesies that used to be extended to him were suddenly withdrawn. His plane was frisked, and he complained about being searched, more than usual, on return from one of his foreign trips, but the gentleman bore it all with equanimity. In no time, thereafter, rumours began to fly about the seeming and perceived intimidation of his supporters. His campaign found it tough to raise needed funds. No one wanted to fall into the hands of Buhari’s goons. But Atiku remained defiant and trudged on, like the old Roman soldier. His campaign was dissed as lacklustre, and not able to match Buhari’s fire-power and razzmatazz.

All seemed tight and tough for Atiku but he maintained a steady focus. His campaign started at a slow but steady pace. Surprisingly, he kept packing the crowds, while the Director General of The Atiku Abubakar Presidential Campaign and The President of the Nigerian Senate, Dr Abubakar Bukola Saraki, remained uncharacteristically upbeat. He was dancing so much at rallies that many began to wonder the source of his sauce. He constantly lit up the campaigns. Saraki and former Ekiti State Governor, Ayodele Fayose, stewed so much as they danced Shaku Shaku style and tried to compete with our best choreographers. We didn’t have to wait long for answers to the posers. It landed, without warning, at my desk Thursday afternoon. I was on a flight from Monrovia, Liberia to Lagos, Nigeria, and was in transit in Accra Ghana, when it landed, thunderously. Scoops are the best meals of journalists. It won’t be wrong to call them our opium.

Before we took off, I quickly drafted an urgent press release which I fired to our Editors. Their initial response was that of incredulity, but I told them to shoot immediately. No other media group should beat us to this. You only get such exclusives once in a green moon.

By the time we landed in Lagos, I rushed to put on my phone and ran to open my biggest addiction, Twitter, something I share in common with President Donald Trump. I was happy our story was everywhere but sad our mainstream media seemed unable to confirm the biggest story of the year, or too scared to take a risk because they felt it was an impossibility.

As soon as we disembarked, and I climbed into my waiting car, I zoomed to work on my phone, frantically. I called some impeccable contacts who gave me the blow by blow account of how Atiku left Nigeria, unannounced, and obtrusively, on his most important journey ever, the game-changer any politician would wish for, exactly one month to the biggest election of all time. I called the Editors and fired some more authoritative gist. We did an update on how Atiku left Lagos, in company of Saraki and Senator Ben Murray Bruce and others. Then my phones began to buzz. I was told Daily Trust has debunked our story based on an interview granted them by Atiku’s media aide, Paul Ibe. I simply ignored the talk of the story being fake. I expected Paul to avoid being so categorical but… We moved on knowing news bomb would soon explode and expose whoever was right or wrong.

Shortly after, I saw the story on Cable News, owned by my dear Brother, Simon Kolawole, and I said now we are inching closer to an eventful evening. Then, at The Boss, we did our last update before everywhere finally exploded. This time, it was how Atiku’s plane filed a flight plan to London, from where it changed and headed to Washington. All this while doubters, and APC supporters, were on my case, flashing the Daily Trust story at me, but I remained unperturbed. I saw a Punch story that the Nigerian Embassy said it was aware of Atiku’s presence in the US. I smiled to myself, knowing very soon, they will know by which technology he navigated his way to America. Soon, and very soon, we shall see the Wazirin in America. I already queued up for the first pictures. And it came.

That was how in one second, Atiku, or the Atikulated campaign, took off with uncommon favour and fervour. My dear friends in APC went quiet, a few threw the usual tantrums. I had expected them to pretend a little, but they couldn’t hide their shock and, possibly, disappointment in America. By yesterday, my big Brother, Alhaji Lai Mohammed came out of the grove to declare, majestically, that if Atiku likes, he can pick up a green card in America and stay there for as long as he wants. Wow, he was not done. He became an instant Prosecutor, or Minister of Justice, EFCC boss or Supreme Court Justice, when he pronounced Atiku guilty of bank fraud and malfeasance, and that he should be ready to answer questions about the collapse of Bank PHB, upon his return. This coming after about one day gone in the United States, and one month to the start of the general elections. Lord have mercy.

Why is APC fighting on all fronts? Who is misleading my friends and, once upon a time, fellow Buharists. Are they not tired of this commotion, tension and confusion. Not too long ago, the Senate President and the legislature; more recently, the CJN and the Judiciary; now the leader of opposition, Atiku Abubakar. My prediction is very simple and straight-forward.

It seems to me that APC needs a miracle to win the next election, if it continues to follow this destructive path. APC has inflicted these difficult times on itself. I am not sure that some of the distinguished party faithful are not working directly against the interests of the party and its presidential candidate. There are apparently Fifth Columnists abroad! Otherwise, the only other thing that can be said is that the party appears to be hell bent on following the PDP template for rejection and failure that the same APC constantly and serially condemned just before the last elections.

All the party’s antics now smack of great desperation and panic attack as they seek to land the plum job of President of Nigeria. The senior members should have summoned the courage to advise the President to serve only one term, especially after his health failed so spectacularly two years ago. His amiable, cerebral and inspired Vice-President would have taken over and unified the country. But hell no, they didn’t see the need. How on earth, and at this time and age, did APC expect Buhari to run a serious campaign and manage a big and complex country like Nigeria, given all that seems to be wrong? At least the President was honest enough to acknowledge this when he ceded leadership of the campaign to the irrepressible Asiwaju Bola Ahmed Tinubu. The only problem is that this gambit itself appears to have backfired as the President has made more appearances on the campaign trail and hustings than the appointed leader of the campaign.

I’m wondering if APC remembers the promises made to Nigerians to make the economy better, corruption exterminated, the Naira stronger and security tighter. In good conscience, have they delivered? This, will be answered hopefully next month, when the people troop out to vote.

Congratulations to Atiku on what is turning out to be a good trip for him both at home and abroad. The APC is jittery and this alone may be worth the medal for Atiku. Meanwhile, we await your arrival and looking forward to your trial …

God help Nigeria.

By. Pelumi Olajengbesi Esq.

On Monday, January 7, 2019 a petition by one of President Buhari’s pally was filed against the Chief Justice of Nigeria. Two days after, said petition had made its way to the Code of Conduct Bureau (CCB) Chairman’s desk. In uncharacteristic manner, the petition was expedited with charges dated the 10th of January 2019, filing and service of charges were effected on the Chief Justice on the 11th of January, 2019. Effective legal system? Think again.

Trial was hurriedly fixed for the 15th of the same month in what must be the nation’s fastest legal system process in living and late memory. It won’t be surprising to see the kangaroo tribunal produce a ruling or judgement still within January. Everything absurd is possible under this government.

Of course one may make the mistake of applauding the process while failing to discern that the pace is not so much from a quest for justice but a rush to score a political advantage over perceived non-loyalists of the APC-led government. So desperate was the set-up that its facilitators, as usual of them, failed to properly follow or respect laid down principles at law in such cases.

Mr. President’s legal advisers are regrettably slow, inadequate or simply pressured by their principal’s desperation to cut corners in due process where it serves their shallow whims. They’ve demonstrated such woeful interpretation and awareness of the laws of Nigeria to indict their relevance to the country. For the avoidance of doubt, the Chief Justice Walter Onnoghen may only be tried by a Tribunal if (and after) the National Judicial Commission through its own constituted investigative committee finds him culpable of any offence and sanctions him. The above due process/principle was emphatically laid down in the decided case of Nganjiwan v. Federal Republic of Nigeria.

The decision to try the country’s Chief Justice at the Code of Conduct Tribunal without due process on charges of false declaration of assets brings once more to the front-burner the question of the real intent of executive rascality on the judiciary. Is it truly a case of justice in operation or oppression?

I would happily concede, of course, that no one is above the law and that the Chief Justice does have a duty at law and morally to clear himself of the allegations levied against him. What, however, offends my sensibility as a concerned citizen is threefold; firstly, the apparent readiness of this government to prosecute non-party members of the APC while sleeping on their responsibility where the accused are members of the APC, secondly the opportune timing is much too convenient to not be suspicious given the elections are but a few weeks away and elections tribunals are anticipated by products of said selection. Thirdly, and perhaps more instructive, is the identity of the leveler of the claims against the Chief Justice.

Is it truly the case that APC members are beyond reproach? Is it truly the case that the APC would readily pardon conformist party-members for gross allegations while sounding the war-drum where the accused is from opposition parties, or simply non-loyalists of the APC. Babachir Lawal presents an ever perturbing insight into the working of the minds of the Buhari government who, till date, refuses to prosecute or try Mr. Babachir in court for his involvement in swindling the government of at least N250 Million naira to cut grass. Let’s not forget that Mr. Babachir continues to play a prominent role in the APC even after his resignation (rather than outright sack) from office.

Abba Kyari has severally been indicted by substantiated claims of using his position to defraud unsuspecting individuals while pocketing kickbacks from government contractors. The APC National Legal Adviser was indicted for paying questionable sums of money to a judge to influence a decision but that is a matter that has long grown cold. Okoi-Oblat continues to seat as a Presidential Adviser on persons to prosecute while himself indicted for forging his certificate and by implication bereft of the qualifications he claims as a lawyer.

There is of course Senator Omisore who has long since had his traveling documents returned to him and his EFCC case ‘forgiven’ given his role in helping steal the people’s gubernatorial mandate in Osun state. Lest I forget, there is of course Chief Uzor KANU wanted ( and declared wanted by the EFCC) but publicly galvanising at APC rallies without reproach. I could go on but I believe my point is made. I leave Nigerians to consider if these individuals become saints once their loyalty shifts to the APC.

With the elections in view, it has been suggested that the harassment of the Chief Justice may be strategic given Buhari’s reservations about a Chief Justice from the south. Should the Chief Justice be successfully driven from office, the next in line from the apex post is a Northerner, a convenience that must greatly please Mr. President with his demonstrated strain of nepotism.

But more than that, the identity of the individual who made the claims against the Chief Justice lends greater credence to the suspicion that removing him is a strategic play by the APC. Hiding under a fictitious organization, Mr. Dennis Agher, a former aide of President Muhammadu Buhari wrote the petition against the Chief Justice. The accelerated preparation for the trial of the Chief Justice only goes to confirm that justice in this country is selective and politically strategic. Mr. Dennis is but a pawn employed to destabilize the judiciary to perhaps pave the way for the executive to exert themselves on the judiciary. To believe the contrary would be to exhibit an unforgivable naivety that may very well empower the gradual dismantling of the non-negotiable features of a democracy; rule of law and separation of power.

Only recently, the APC unveiled it’s campaign logo and slogan, NextLevel and retracted it when it was made public that both the logo and slogan were plagiarized. It wasn’t the first time this government would be caught stealing other’s ideas from a lack of originality on their part, neither was it the last. Just last week, their Website put up a copied speech promising to ‘make America great again’ !

This aren’t things to be trivialized as these are pointers to the general cluelessness of this government. If they’ve spent their time copying speeches and slogans, their ruthlessness as an oppressive government is actually inherent in the personality of their principal head- President Buhari, a one time military head who abrogated the constitution and disregarded the judiciary.

This is Buhari 202. Let’s hope we never experience Buhari 303. To Get Nigeria Working Again, Buhari simply has to go.

Pelumi Olajengbesi Esq., is the Principal Partner at Pelumi Olajengbesi & Co. Law Corridor.

Our attention has been drawn to the trending news that the Hon. Chief Justice of Nigeria, Walter Onoghen has been charged before the Code of Conduct Tribunal, based on a petition submitted to the Code of Conduct Bureau on Wednesday the 9th of January, 2019, and is to be arraigned before the Tribunal on Monday , the 14th January, 2019.

The prosecutorial decision that has been taken by the Executive Branch of Government ( FGN / FRN) is a very grave one. It is unprecedented in the political history of Nigeria. Let us go down memory lane. During the blistering General Murtala Muhammed Military Regime, in 1975, there were massive purges in the Judiciary as well as in the public service. Many public servants were removed “ with immediate effect” . During the purges , a sitting Chief Justice of Nigeria, Hon. Chief Justice Teslim Olawale Elias was removed as the CJN. But he was not subjected to a criminal trial. He later went on to serve as the President of the World Court.

In the life of the Buhari Presidency, the leadership of the National Assembly, the First arm of government , has been subjected to, at least, two criminal trials( Senate Rules forgery case and CCT False Asset Declaration Case). Following those charges and trial is now this charge and planned arraignment of a serving Chief Justice of Nigeria, the head of the Judiciary , the third arm of government.

Being a weighty issue, therefore , one would have imagined that the decision to put the CJN on trial with frenetic speed , following the petition against the CJN, was weighed very carefully.

The general election is 35 days away. The CJN, the Supreme Court and the NJC will play certain statutory roles, post the elections. And even as these events unfold, these judicial authorities are playing some adjudicatory and administrative roles regarding the determination of pre-election matters ( appeals ) arising from contentious party primaries.

The CJN is also the head of the Judiciary. Putting him on trial while he is in office, certainly, will impact the Nigerian Judiciary negatively. The portrayal here inevitably will be that the Nigerian Judiciary is so corrupt that its head is put on trial. This depiction is not fair to many judicial officers whose integrity is solid and who are free of corrupt practices.

The CJN is, in the eye of the law, presumed innocent, until he is proved and found guilty. Being charged at all, however, implicates his right to fair hearing, as many will start arguing that he should step down from office. In other words, once charged and arraigned , the likelihood is that calls will be made for him to vacate office , albeit temporarily, for integrity reasons. If, in the end, he is found not guilty, irreparable damage would have been done to his reputation and the integrity of the Judiciary.

The most important reason why the CJN ought not to have been charged before the CCT, let alone being prepared for arraignment is because the charge is illegal and unconstitutional. In NGANJIWA V. F. R.N, 2018, 4NWLR, Part 1609, Page 301, at page 339, para. G-page 352, para. E, the Court of Appeal ( Lagos Division) held that no serving judge in Nigeria can be investigated or tried in a court of law , without first being removed from the Bench. A petition first must have been written against the judge , and he must have faced an administrative disciplinary process of the NJC for an alleged violation of the Code of Conduct for Judicial Officers, found guilty, recommended, by the NJC,for removal from office , and removed from office by the Executive arm of government. In short , only dismissed judicial officers can be investigated and prosecuted by the anti corruption agencies . That decision is being appealed by the EFCC at the Supreme Court .

The position we took when that decision was handed down was that the judgment had no constitutional basis . Judges, ( unlike the President, Vice President, Governor and Deputy Governor) enjoys no immunity from against investigation , arrest and prosecution, while they are in service. They do not enjoy executive immunity , and are not covered by Section 308 of the Constitution. The Court, therefore, cannot grant to the judiciary an immunity the Constitution does not vest in it. The concept of judicial immunity only covers the exercise of the judicial powers of a judge and his jurisdiction. No civil action or criminal action may be taken against him in respect of his judicial work or decisions , but he is not shielded from criminal culpability if he commits a criminal offence while he is in office .

The NGANJIWA Decision, however, remains the law in Nigeria today. Nigeria is a constitutional democracy under the rule of law. By virtue of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the judgment is binding on all authorities and persons in Nigeria , including the Executive Branch of Government at the “ Federal “ level , the Office of the Attorney- General of the Federation, the CCB and CCT.

We support the fight against corruption in the public sector and in the Judiciary in particular. But this fight must be done in scrupulous conformity with the rule of law .

In the light of the foregoing , we call on the President of Nigeria to direct that the charges filed against the CJN be withdrawn forthwith for its incompetence, even as the Administration continues to explore other legitimate and constitutional means to continue its fight against corrupt practices in our public life .

The allegations against the CJN may be grave , but justice cannot be served by resorting to patent illegalities.

Jiti Ogunye

12th January, 2019.