Opinion: President Jonathan and the Obasanjo challenge

by Eze Onyekpere

PDP convention

Thus, no matter the personal interest of President Jonathan, there is an overriding duty to ensure the prosecution of those believed to have abused public office to promote the integrity, solidarity and well-being of the Federal Republic of Nigeria.

The former president, Olusegun Obasanjo at the 50th birthday anniversary of the former Minister of Education, Mrs. Obiageli Ezekwesili, lambasted the Jonathan administration for prosecuting his ministers and assistants for corruption. He stated that he was actually in charge as the President and Commander-in-Chief and that the Jonathan administration should hold him responsible for whatever went wrong during his tenure. This is a positive development for Nigeria’s democracy and the rule of law because it creates a good opportunity for anti-corruption and investigative agencies and the courts to be allowed to perform their duties as stipulated in the Constitution. Before now, it appeared there was a directive to shield some former government officials from investigation and prosecution.

This challenge has been followed in the last couple of days by a report of the Public Accounts Committee of the Senate showing how the Obasanjo administration allegedly mismanaged public resources. Three accounts were reported to have been mismanaged, namely the Development of Natural Resources Account, which provides funding for the development of alternative mineral resources; Derivation and Ecology Account, meant for interventions in ecological matters while the Stabilisation Account is owned by the three tiers of government to provide for contingencies and unforeseen circumstances leading to revenue shortfalls. Out of the N1.5tn that accrued to these accounts, over N1.04tn was reported to have been mismanaged. For the Development of Natural Resources Account, a N2bn loan was allegedly granted for payment to Gitto Construzioni General Nig Ltd on July 19, 2005; N3. 745bn loan allegedly granted to the Federal Ministry of Foreign Affairs for purchase of a Chancery in Tokyo on November 25, 2004; a  N864, 725,036 loan allegedly granted to the National Health Insurance for National ID Card production on April 18, 2005, etc. On the Derivation and Ecological Accounts, the report revealed abuses such as the N10m said to have been given to the Niger State Government for building an abattoir in Bida in March 2003, N800m used for resurfacing of the runway in Aminu Kano International Airport, Kano, in January 2003; and the N750m released for development of the Abuja Downtown Mall in January 2007, which has yet to be in existence since then among others.

In the Stabilisation Account, 75 per cent of abuse was recorded; a N12bn loan was allegedly granted to Ghana and Sao Tome & Principe on September 22, 2004 and May 7, 2007, N142.6m allegedly given to Gong Publishing Company as loan of debt owed by local government councils and N2.8bn allegedly loan granted to pay Federal Government’s 50 per cent contribution to the first phase of the pioneer car finance scheme for public servants in paramilitary agencies on May 22, 2007.

Beyond these specific facts, there are a number of other reasons informing the need for President Jonathan to take up the Obasanjo challenge. The first is the need to entrench justice in the manner that anti-corruption agencies and the courts work. The concept of justice includes equality before the law and equal protection of the law. The offences created by various laws such as the Criminal and Penal Codes, the Economic and Financial Crimes Commission and Independent Corrupt Practices and other related practices Commission Acts did not exempt former presidents and leaders from prosecution if they infringed the law. The fact that former leaders with established prima facie cases of corruption and mismanagement of public finances have not faced trial creates the public impression of two sets of laws. The first set of laws is written, known to the public and are the true Laws of the Federation of Nigeria. The second set of laws is unwritten and operates within the confines of the dictates and discretion of men and women of power.

This distinction of sets of laws leads to the second reason why the former president should be made to clear his name in a court of law. That reason is to fight impunity to a standstill. The impression has been created that some people in the country are sacred cows who are above the law and the attendant sanctions for violating the law are not meant for them. Indeed, for him to have thrown this challenge in public is to further reaffirm this culture of impunity and to show the weakness and lack of character in the Jonathan administration.  For me, it is time for President Jonathan asserted his Presidency in the interest of the Nigerian people.

The third reason is that the President will be abdicating his oath of office if he refuses to to take up the Obasanjo challenge to try him. The President swore to faithfully discharge his duties in accordance with the Constitution and not to allow his personal interest to influence official conduct including the duty to uphold the Fundamental Objectives and Directive Principles of State Policy. Government has a fundamental duty to eradicate corruption and shielding person with prima facie cases of corruption will seem to be the opposite of that duty. Thus, no matter the personal interest of President Jonathan, there is an overriding duty to ensure the prosecution of those believed to have abused public office to promote the integrity, solidarity and well-being of the Federal Republic of Nigeria. If the courts so direct, the prosecution could lead to recovery of mismanaged money to the treasury to be used for public purposes.

It is good news for Nigerians to hear that the Senate blamed its failure of oversight as contributing to this monumental mismanagement. In the circumstances, the Senate and indeed, the entire National Assembly owes Nigerians two things. The first is a fully publicised public apology in both the print and electronic media for this failure considering that the lawmakers had fully drawn down their salaries and perks of office while neglecting their duties. The second and perhaps more important duty is to ensure that those who violated the laws are prosecuted and monies mismanaged are returned to the treasury. The National Assembly will get the full support of all Nigerians if it apologises and engages this second duty with the same vigour and rigour with which it has insisted that Arunma Oteh be removed from office as the Director-General of the Securities and Exchange Commission.  To fellow Nigerians, this is one more test of our humanity and endurance threshold. Borrowing some words from a Bob Marley song, I ask Nigerians; How long shall they mismanage our resources while we stand aside and look? The answer is for the collective of Nigerians to provide.

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Op-ed pieces and contributions are the opinions of the writers only and do not represent the opinions of Y!/YNaija.

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