1. In one of the ministerial platforms, part of the Presidency’s well orchestrated outing for the one year anniversary of the Jonathan administration last month, High Chef Edem Duke, the Minister of Culture, Tourism and National orientation, exhorted his audience to tell one another to do the right thing. He postulated that all it would take for corruption to disappear in Nigeria would be for everyone to do the right thing. I don’t know whether the President was in audience that day, 22nd May 2012. If he was, that message should have special resonance in his ears. In fact, I dare suggest that High Chief Edem Duke should seek an exclusive audience with the President so that he could drum it into the latter’s ears and say’ Mr. President please do the right thing’.
2. My general impression of the year had been disappointing and my main concern all along had been the Presidency. So when it made it clear that it had plans for May 29th 2012, its first anniversary in elected office, I had no trouble focusing on the Presidency. I was curious to find out whether there was a possibility that the Presidency had any jokers up its sleeve that may put a shine on what to me look consistently as a disastrous record. Alas, what was billed as a celebration of the administration’s one year in office confirmed emphatically my worst fears for the country.
3. In Mr. Labaran Maku the administration has found an enthusiastic, professional, effective and savvy pitchman but his efforts are doomed and the reason is that the Presidency which he serves is doing all in its power to set the stage for a political meltdown.
4. For this piece, I will not bother to write about events of the whole year in review. Previous articles have already substantially dealt with that. For this piece I will focus only on event in May 2012. In that one month period reports on events at the Presidency were portentous. Those events told of a Presidency whose policies are in a direction that is diametrically opposed to the people’s expectations and aspirations.
5. The month started inauspiciously enough with the Presidency being accused of selling two oil blocks licenses secretly. Defending the President an official allowed that the President was within his powers to sell oil blocks and that it was within his privilege and discretionary authority to choose how to sell oil blocks. Now when someone is awarded an oil block license he is automatically a dollar billionaire. A billion dollars is not a joke. Many states in the country don’t get that much in a year. Such empowerment should be a national issue. A president who is conscious of ethical leadership and his moral authority should have thought of a more transparent sales process. Dr. Jonathan’s general conduct in office shows rather clearly that he does not feel moral integrity as a necessity in public office. That is unfortunate. The consequences will be dire for him and the country. If Dr. Jonathan is unable to show moral leadership it means that any talk or action against corruption can never be more than cosmetic and perfunctory.
6. During the era of military governments, from about 1976 to 1999, a major motivation for military coups leaders was the exclusive privilege to sell oil blocks. Another high motivating factor was the ability, once one becomes head of state and commander in chief, to create new states by military fiat but this is not part of this particular discussion. General Sani Abacha was so attached to these privileges that he was ready to kill anyone who so much as questioned his right to sell oil blocks. Ken Saro Wiwa and the Ogoni Nine died brutally in his hands because they asked questions.
7. I have already previously written that a major imperative of the times is a comprehensive constitutional review. A weak, inert or dictatorial leader requires an articulate constitution to guide and control him for his own good and for the public interest as well. Had the constitution not been there to stop him General Obasanjo could easily have realized his third term ambitions. Similarly General Obasanjo gave away Bakassi Local Government Area to Cameroun because there was nothing to stop him. Dr Jonathan sold oil blocks secretly, not because it was the right thing to do, but because there was nothing out there to stop him from doing so. Matters like the sale of oil blocks should be a constitutional issue. The level of empowerment involved makes it a matter of national importance. The very minimum is that it should require an act of parliament to award an oil block license to anyone. The 1999 constitution urgently needs to be so reviewed. At this point in time what Nigeria needs is a national leader who will be proactive in doing what is necessary to make the 1999 Constitution stronger and accountable, not one who will gleefully take undue advantage of the weaknesses of that constitution. It ought to be a matter of serious concern for the Minister of Finance and the Economy, Dr. Ngozi Okonjo Iweala, that the nation’s accountability problems seem to be rooted right at the Presidency.
8. The secretive award of Otakikpo field in OML 11 and Ubima Creek field in OML 17 to Green Energy and All Grace Energy respectively were not the only oil block scandals involving the Presidency in May 2012. Towards the end of the month OPL 245 was reportedly sold to a Shell/Agip joint exploration partnership in questionable circumstances, with $1.3 billion exchanging hands, which was reportedly distributed among certain individuals. This latter sale raised eyebrows in the House of Representatives but the spirit of that investigation has since receded. It is quite a shame that while the Senate vehemently condemned Messrs Abulrasheed Abudullahi Mania,John Yusuf and BG Kaigama of the pension Task force for pension grafts involving hundreds of billions of naira, they seem not to have even taken notice of the President’s secret sale of oil blocks. It is the same spirit which motivated Mr. Abudullahi Mania et al which also motivated the secret sale of oil blocks by Dr. Jonathan. I don’t have the slightest doubt that if Dr. Jonathan and the pension’s scammers were to trade places, that each of them would act exactly in the same way or even outdo each other. The Senate’s silence over the matter is irresponsible and it is a dereliction of duty on its part. The Presidency is a unique institution. Whatever happens there, good or bad, carries instant international visibility. What President Jonathan did with regard to the sale of oil blocks is a serious offence against the country’s national character. It will by itself determine the country’s subsequent rating by say Transparency International with regard to the country’s corruption perception index.
9. The Presidency’s reaction in the same month of May 2012 to the recommendation of the National Judicial Council on the re-instatement of Justice Issa Ayo Salami is also another source of concern. By rejecting that recommendation the Presidency reveals a worrisome orientation: that it is not interested in promoting the cause of an independent judiciary. The combination of General Obasanjo and Chief Justice Muhammad Lawal Uwais produced one of the nation’s worst judiciaries. The profile of the judiciary rose a bit during the era of CJN IL Kutigi only to plunge back down with the ascension of CJN Katsina Alu. Today with the ascension of CJN Dahiru Musdapher, the judiciary appears set to redeem itself once more and assert its independence and probity but Dr. Jonathan the President is having none of it. With a constitution that concentrates so much power in the Presidency, without a proper constitutional distribution of powers, the only hope for stability and security in the system is for the judiciary and the legislature to take their independence more seriously and assert their authority the best they can. It is strange that Dr. Jonathan appears to be uncomfortable with this, even though it is for his own good and for the good of the country. If Dr. Jonathan gets a compliant judiciary and legislature, which appears to be what he favours, I can only interpret that to mean that the virtues of a true democracy are lost on him and that he is more inclined to a dictatorship. This is strange considering that the 1999 constitution already given him dictatorial powers. Why he should want more powers is hugely worrisome.
10. Dr. Jonathan ‘s dictatorial inclination was further underscored last month(May 2012) when he surprisingly in his democracy day speech accused the National Assembly of not working together with the Executive Branch. My take on that is that what prompted the President’s remark was his discomfort with NASS unusual but quite honourable attempt to dig into the conduct of the affairs of the Petroleum Ministry and its parastatals and the fallout of the January fuel subsidy strikes. Before that the House of Representatives had been doing pretty much the same thing about the well publicized multibillion naira pension scam. These legislative investigations have been on for several months. The Presidency rather than be proactive by appointing independent counsels to dig into the allegations and charges, had chosen to be on the defensive with the Attorney General of the Federation and Presidency officials talking lamely about the establishment of a prima facie case as an excuse for their ineptitude. Does one need a prima facie case to launch an investigation or take responsibility for the mis-running or mis-managing the NNPC or the Petroleum Ministry? Every day, as time passes it will become increasingly clear that the Jonathan Administration has no intention of making the Petroleum Ministry more accountable or of touching any sacred cows who run the place starting with the inept Minister herself. The job security of those creatures in the ministry is surely more important to the Jonathan administration than the wellbeing of the nation as a whole.
11. I have often wondered why Nigeria has been so unfortunate with its run of attorney generals. From Michael Aondoakaa to Mohammed Adoke we have such attorney generals that constituted an embarrassment to the nation. They seem to have almost always been carefully chosen to work the system to defend the status quo and protect the corrupt elite. In other ministries, like the Ministry of Health we have had men like Professor Olikoye Ransome Kuti who kept studiously away from politics and made medical management history with his primary health care reform. That tradition has held steady and today we have Professor Onyebuchi Chukwu who seems to be living up to Prof Kuti’s legacy. We can also say the same of the Education Ministry. From the late Professor Babatunde Aliu Fafunwa to Professor Ruqayyatu Ahmed Rufai we have patriotic technocrats who dedicated (are dedicating) their high professional acumen to the service of the nation, not to any politician or political party. But the story in the office of the attorney general of the federation is the reverse. It is a horrible shame that the Nigerian Bar Association in particular and the legal community in general have been unable to produce an attorney general of the federation who will uplift the profession and dedicate his energies to law enforcement and the cause of justice.
12. The 1999 constitution did not say that the Minister of Education must be a professor, it did not say that the Minister of Health must be a doctor or that the Minister of Finance must be an accountant or a banker but it did say explicitly that the Attorney General of the Federation and Minister Of Justice must be a lawyer. That provision, although well intended has turned out to be a curse, judging by the character of the individuals who have held or is holding that office and the quality of their performance. The 1999 constitution ensured that the office of the attorney general of the federation is the most powerful after the President in the Executive Branch. The office is the only one for which the constitution explicitly defines the qualifications of the holder. The authors of that constitution did not want to take chances with the holder of that office. They wanted to make sure that the holder of the office is equipped with the tools required to effectively discharge his duties. The spirit and letter of that definition I think was meant to ensure that the holder of that office enforces the law and actively pursues justice for all, but the run of characters who it has been the country’s lot to hold that office has been a curse to Nigeria.
13. From the foregoing I am forced to judge that while the average Nigerian educator or teacher or the average doctor is a conscientious, dedicated, patriotic professional, the average lawyer is unprincipled, mountebank and will do anything once the price is right. Judging from the output from the highest public office for lawyers in the country, that has to be a fair assessment. The onus is on the NBA to work hard to erase this image. There is a need for a concerted effort by all stake holders, particularly the Nigerian Bar Association to work hard to ensure that the Attorney General of the Federation will not continue to be a Michael Aondoakaa or a Mohammed Adoke but someone more like Elliot Spitzer, as Attorney General of the state of New York or Robert Kennedy as Attorney General of the United States. In Egypt today the newly elected President Mohammed Mursi has resigned from his political party. The new Egyptian constitution mandates him to do so. I think that, that is very original. We need exactly that in Nigeria. In addition, we also need to take away the appointment of the Attorney General from the President and give it to the National Judicial Council. It would be nicer still if all ministers particularly the attorney general are required by the constitution to resign from their political parties where they belong to one.
14. President Jonathan’s closeness to General Obasanjo is well known. So I don’t think it a coincidence that Dr. Jonathan’s remarks about the National Assembly in his democracy day speech, was preceded by a tirade from Obasanjo, directed at the national legislature in which he called the honourable members unprintable names, including thieves, armed robbers etc. Events during and following the end of May 2012 seems to bear out the possibility of a conspiracy to rubbish the House of Representatives investigation of the government’s fuel subsidy regime. First, the months long presidential shuffle on the issue. Then ex-President Obasanjo directs unprintable tirades at the National Assembly. Then President Jonathan expresses dissatisfaction with the same National Assembly which otherwise is doing better than hitherto on its oversight responsibilities. Then breaking news: The man leading the investigation, a well known integrity activist, Hon Farouk Lawan is entangled in what looks like a conspiracy in which the police and Farouk Lawan’s fellow lawmakers are acting out a plot scripted against Hon Lawan and the report of his committee. The case for conspiracy is strengthened by the fact that a person, no other than Femi Otedola, a well known friend of General Obasanjo appears to be the secret weapon used to plot the downfall of Farouk Lawan and other similarly minded leaders of the House of Representatives. Just late yesterday (26th June 2012) however it came on the news that the Presidency just fired the crop of the current leadership of the NNPC. My answer to that is why did it take so long and does it go far enough? If the law was to be applied correctly the presidency should launch an investigation, by an independent prosecutor. Knowing what one knows now about the Jonathan style, this could well be ruse to sweep the whole issues concerning the mis-management of the parastatal under the carpet. The jury is out.
15. I have consistently warned that the likes of General Obasanjo have no business being in government anymore. Gen. Obasanjo in particular the leading member of the old guard which has held down the country for decades is finding it difficult to stay away from government even though he has nothing constructive to give the nation, either now, before or in the future. The best General Obasanjo is able to do, in office and out of office is to create divisiveness in the polity. By latching on to Obasanjo, Dr. Jonathan has surely dug his political grave but that would have been alright if that was the end of it. As President however his errors of judgment and failings of character directly impacts the country and will manifest in insecurity, instability and conflict. This is always the consequence when public confidence in the national leadership is eroded to the extent it is now in Nigeria. That instability, insecurity and conflict is now claiming hordes of innocent victims lives and hobbling national development.
16. President Jonathan’s dictatorial bent was again showcased on May 29th, 2012 when he announced the renaming of the University of Lagos without due process. The MKO Abiola story is unfinished and the balance of the evidence lies with the state. Mr. Abiola died in detention in suspicious circumstances. One needs to know how the renaming of the University with Abiola’s name brings closure to the Abiola problem. If the Federal Government wanted to bring closure to the Abiola issue the proper thing to do is to launch a judicial investigation into the circumstances surrounding his demise in a state gulag. I wonder why it should be easier for Dr. Jonathan to retroactively send a bill to the National assembly for the renaming of the University than to send one to remove the immunity clause from the constitution or one to require an act of parliament to sell an oil block license. To me, the latter cases are unqualified national issues that the president ought to be concerned about. The case for renaming the University is neither here nor there. It is just one of the cosmetics that the old guard will dream up in their habit of sweeping things under the carpet and pretending that the matter will go away.
17. The unlawful renaming of the University is just the sort of thing Gen. Obasanjo could have done. I recall that Nigerians woke up one morning in 1976 to hear General Obasanjo, then military head of state, abrogate by military fiat the country’s founding national anthem and replaced it with something less inspiring, less original, less melodic, less articulate, less galvanizing and much more prosaic. In fact it can be said that Nigeria’s slide into the anarchy of corruption, insecurity and instability started in earnest with that blighted national anthem. I am one of those who firmly believe that one day we will go back to our original national anthem. Its abrogation was an insult to the nation, just like Dr. Jonathan’s renaming of the University of Lagos.
18. Planes do not just drop off the sky. There has to be a convergence of defects that took some time to develop and accumulate. I read in the papers that the Dana plane which crashed in Lagos on June 3rd had an A-check four days before the crash. An executive of Dana Air was also reported to have said that prior to the crash there were no major problems with the airplane that had not been fixed, implying that there were minor ones that were not fixed. I simply do not believe that there was any such A-check on that plane. If there was it must have been a 419 check. You don’t fly planes on wishful thinking. You fly planes on procedures, competence and precision. These qualifications are lacking in our society today. There is much evidence that even the aviation industry cannot be isolated from the general contemporary trend. The Presidency’s reaction to the crash underscores this point. It appointed Group Captain John Obakpolor (rtd) to lead the crash investigation. Mr. Obakpolor is a member of the old guard of which General Obasanjo is a leading light. The old guards are notable for sweeping things under the carpet. They have run down the country for decades. They have an iron grip on Dr. Jonathan’s presidency. They continue to insist on being in power whether they are actually in office or not. They are the very same ones Dr. Jonathan appointed to the membership of his Subsidy Reinvestment Empowerment Commission. That commission, true to type, will not do anything that will upset the status quo or uncover anything that may cast the administration or any member of the old guard in bad light. The same will surely go for the Obakpolor investigation. I have no doubt at all that these panels will do nothing serious to address the root causes of the problems which led to their formation. The presence of the old guard in the Jonathan government implies that the government has nothing new to offer the country.
Lt – Col Peter Egbe Ulu (rtd)
Okokomaiko
Lagos
Tel: 08031940313, 07051912209
peter-egbe-ulu.blogspot.com
