Thursday, December 24, 2015

Of Regulatory Mechanisms and Enforcement Questions.

When an over-hyped, yet unproven Body Language is unmatched with commensurate action during trying times, or when tested, unmitigated lawlessness will evolve. Indeed, body language does matter, but only to the extent that the wavering and the culpable minds feel the impulse of sanction. It is a mind game, being apprehensive of a purposeful action and paying for the crime committed. Therefore, when the people have cause to doubt the integrity of those trusted to lead the battle, dissatisfaction would come to play. Resistance and insurrection would come to play. And defeat and failure (business as usual) would have a strong footing.

So, Body Language, like its twin sister, change mantra, is an abstraction - a conceptual process. It cannot fly and it cannot reason. Its meaning is in usage. Its essence is in action and performance. And it can only be a deterrent, not by the will of the people - certainly, not Nigerians - but by the grace of the crusader who wields the almighty gavel

When a fuel attendant, at his discretion, unilaterally set the gas price per liter, and knowingly disregards the calculations or the readings of the gas meter as set by regulators, you know a non-complimentary verdict has been pronounced on the Body Language. And when a fuel marketer determines when to load and off-load his load, and dare the government and the regulators to a fight, you know the tangle is a no contest.

You know the government is not ready for prime time when power and electricity regulators cannot overcome the mischief of power distributors who unrepentantly bill where they did not supply.

Above all, you know the government is adrift in the tides, when regulators spent more time defending and deliberating on legitimate actions they have not taken, instead of taking such actions and daring the consequences. EFCC derives pleasures from inviting big names for a question, without taking further concrete action or actions with a view to recouping the embezzled funds. EFCC and ICPC appeared engaged, without having the quality result to showcase. 

Take for instance the indictment and purported trial of the Senate President, Mr. Sola Saraki by the Code of Conduct Tribunal for non-compliance with the asset declaration formalities, when he was the Governor of Kwara State. The law setting up the Tribunal stated without ambiguity that a panel of three judges shall sit during a trial. Not one, not two or four, but three. Contrary to that clearly stated provision, the Chairman of CCT, knowing and without reasonable explanation commences the trial of the Senate President, the first high profile case for that matter, with two judges. 

Today, the Saraki's trial is on appeal at the Supreme Court, not on the question of guilty or innocent of the accused, but on the justiciability of the tribunal sitting two judges instead of three. So far, no one has questioned the busybody Chairman to give an account of his deliberate misconduct. That is how our high profile law enforcement agents, trusted and employed to fight official corruption squandered our financial resources achieving nothing. 

A few days ago, they planted this headline in the news: "Arms Scandal: EFCC plans to write ex-President Jonathan" - The Punch Monday, December 21, 2015. Now, you ask me, what is newsworthy about that? Nothing. Just nothing, but to hoodwink Nigerians into believing that they are after the big guys. On the other hand, a headline like this, “EFCC has written ex-President Jonathan, demanding an explanation for his alleged involvement in the ongoing Arms Scandal”, would have made a big difference.  But not in Nigeria and not in the life of our EFCC. That superficial headline at Punch newspaper is exemplifying EFCC and ICPC modus operandi in the history of its war against corrupt political leaders in Nigeria. 

It's about actions you've taken, not a cause of action you are contemplating. You're cheapening your institution, dampening the clout of this administration, and eroding the efficacy of the brand the Commander-in-Chief commands. The narrative we should be marketing is the tough guy image; not superficial headlines. It doesn’t fit the Buhari brand. 

The campaign is over. The election is over. President Jonathan wasn't good enough, and the Progressives won. If the EFCC and the office of the AG cannot find probable cause to indict him for criminal wrongdoing, he should be left alone, 

And to my friends and fans calling for an extended grace period for the President, I would like to point out that you do not need a new budget to execute or ensure regulatory compliance. It is a mind thing - in your face attitude by the President. That is not dictatorial. It is taking the fight to the road, to the oil marketers, and to the people; the Obama style. 

The President is the Minister of Petroleum and he has been around the industry for decades. He is expected to be the face and the voice of reason against the oil marketers - the moral authority. But he is at this moment not living any of the above. 

Mr. Buhari is the President of Nigeria and the Minister of Petroleum Resources. If he wasn't the Minister of Petroleum and another person is in the position, what would have been his reaction so far in the face of the lingering fuel hoarding and price distortion? Summon the Minister for explanation or voluntary resignation? Mr. President, this is the first test as a Minister of Petroleum, and without any doubt, it is not a passing grade.

Finally, there was a body language at the inception, but its efficacy was dissipated in foreign lands. The President was not at home to take full advantage of the unprecedented surge in his relevance to maximize the potency, real or imagined, of the much-celebrated body language. What was required was a trip around the country, thanking the people for their votes, reassuring them that the change mantra is real, but that they must be willing to persevere with him. He never did. President Jonathan's failure was his inability to communicate. Sad to say, this administration is not doing anything different. President Buhari can only market his body language purposefully, while on the road. Not at Aso Rock. You cannot enforce or regulate what you don't know. Nigerians need a leader. You cannot provide that leadership by mandating your Press Boys to issue Press Release. 



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