President Buhari and the Nigerians He Doesn't Know

If Nigerian Politicians are guilty of corruption, Nigerian Civil Servants are the worse. They invented Budget Padding until they were ousted about a year ago. They perfected the act of Repetitive Capital Expenditures (CapEx). In other words, in every Budgetary Allocation in Nigeria, there is always funding for the same project or expenditure that enjoyed massive funding the previous year and the year before.

Let's break it down!

You allocated about Two Hundred Million Naira for the procurement of Computers and accessories in 2012 for use at the Department of Squandering and Embezzlement. The Following year, 2013, you budgeted Two Hundred and Eighty Million, and progressively in 2013, 2014, 2015, and 2016. Where are the Computers? No one is giving an account regarding the disbursement of the budgeted funds and how they were utilized.

I am not saying anything new or propounding a novel theory in public policy here. You and I and most Nigerians are aware of this ugly trend at our public offices. But the question remains, how come no administration has been able to stem the tide of Padding of Budget and Repetitive Capital Expenditures? Must it be about Preparedness or Motivations in Power?

You could say, President Obasanjo was not ready - he was imposed on us to assuage the Yoruba for the derailment of the Abiola's mandate by the Northern Military Power Elite. But he ran again successfully for a second term and was about doing it the third time until he was stopped. Therefore, you cannot accord President Obasanjo any consolation prize or cut him some slack for lack of preparedness. Simply put, there is no excuse for his inability to rein in on our Civil Servant and bundle the culprits to prison without trial.

With respect to President Jonathan; you could argue that his emergence was an accident of history - he was just a loyal Deputy Governor of a non-viable state in the Niger Delta. But he spent five years at the helm of affairs. How come he didn't learn on the job? No Excuse. He, like President Obasanjo, was a huge disappointment in subduing our recalcitrant civil servants.

How about the current President - Mr. Buhari? In the history of the creation of Nigeria, arguably, he ran the most times before he was elected the President of Nigeria. Therefore, to say he wasn't prepared is an abuse of discretion and abuse of one's sense of justice.

He was prepared in 1984, and beyond and now. If that is taken as a matter of facts, can you see a reflection of that preparedness in the war against abuse of process in the Civil Service or at the National Assembly or at his own Presidency? The answer is a capital NO. Again, of all Nigerians who have shown interest in the office of the President, he is the one most often touted as the crime fighting Czar. The question then remains? How come Nigerians are not seeing the rewards of that CRIME-FIGHTING attribute?

Let's do a Little Analysis on Recruitment

Like President Jonathan, President Buhari suffers familiarity deficit about Nigerians, except for his Military peers and Kano and Katsina based friends and family members who he had worked with in the past. That was where Military President IBB has an edge over all of them. He was never afraid or intimidated by the academic prowess of the likes of Professor Aboyade, Kalu Ndika Kalu, Justice Akinola Aguda, and not to be left out, the brain behind the Imo Formula. They succeeded in expanding the economy and orchestrated a blue print for a political transition from Military to Civil rule before the process was truncated by some timid guys in Military uniforms.

President Obasanjo was in the same category as President Buhari is right now. But Baba had a savior in the person of Vice President Atiku. This man (his Vice President) had a one of a kind knack for identifying and co-opting talented technocrats into his fold.

Unfortunately, I am not so sure that Vice President Osinbajo has the level of influence in the Buhari's Administration in the category of the high-profile status that Vice President Atiku commanded under Baba.

That is by the way. What am I saying, President Buhari, sorry to say, is an alien in his country of today. He has no knowledge of the emerging technocrats in the polity. To complicate the matter, he is not detribalized like IBB. Also, he doesn't see any void and seemingly, does not perceive the existence of vacuums in his administration. The most painful part is that, like most political leaders, he is not aware of his inadequacy in identifying and picking quality candidates to occupy the vacuums. That's the main reason the so-called CABAL are reigning supreme inside of the Aso Rock Villa today – self-proclaimed indispensable bunch who knows the inadequacy of their President but continue to exploit it to their advantage. A National tragedy of immense proportion.

When in an answer to a question following the lopsidedness in the selection of his senior staff members after his inauguration, the President told Nigerians that he selected them based on trusts. Nigerians did not take him seriously. He was simply being frank with us. These are the people he knows and has been working with - the same people his wife was to later grieve about int he public. And these are the people behind the Crown.

The President did not stop there, he went ahead to select or pick his Ministers unilaterally, turning his back to the progressive forces that incubated his APC. It is the same story at NNPC and our own Central Bank. The celebrations of nepotism never so openly displayed in the history of this country.

So, if President Buhari is to succeed as President, if President Buhari is not going to go down in history like those Presidents before him (whether Military or Civilian) who never stop to assure Nigerians of their goals to eradicate corruption, and stem the tide of squandering of our riches in the public sector, it is time to do an audit/performance review of the men and women his administration has appointed or employed (the Police, ICPC, EFCC, Ministry of Justice, Senior Advisers, etc.) to battle corruption in high places.

So far so good, it is apt to say: it is de javu all over again. This administration is not winning the war again corruption. The focus shouldn't be on political opponents; it should be all embracing, no matter the tribe, region, faith system, political affiliation, or the branch of governments.

A Sober Reflection on True Leadership

The great Americans who built the only God's Own Country on earth today did not achieve that fit overnight. It was painstaking, consistent, unrelenting, gruesome, but filled with hope for a better future. They were men with enormous visions; imbued with an attitude of faith, of selflessness, grace, and propelled by the candid thought of, yes indeed, we are God’s Own Children and in Him We Trust. In Nigeria, we have men - great men, but we don't have leaders - real leaders.

Leadership comes with enormous challenges and the learning process is highly demanding. It is not about age, it is about your willingness and ability to embrace changes, including the social media and its wahala. President Buhari doesn’t come across as a father figure and that is why the Kanus, the Arewa Youths, and sundry Militants are little gods in their kingdoms. 

You cannot be lax in the war against corruption and expect to find peace if you stultify the demands for Restructuring. That’s two strikes right against you. You must be seen as a genuine warrior against financial fraud and nepotism; otherwise, the demands for Restructuring will not know end. 

I have said this before and I will continue to say it. Nigerians do not need an Emperor' we need a leader. As long as the Cabal and the Presidency continue to defer to President Buhari in the image and likeness of an Emperor, grounding the Presidential Jet for months at Heathrow Airport, without explanation is beyond the pale. With his inner circle remaining intact, I'm afraid to say, he won't be able to take us to the promise land. It is not about his age. It is not about his health or ill-health. It is about his resistance to change and the greed and sycophancy of the stooges around him. 

Today, Nigerian brand of Evangelism is taking the whole world by storm, ritualists/kidnappers are having a field day, killing and maiming for ransoms, and Herdsmen are appropriating farm lands, killing and raping innocent women with bestiality and butchering helpless farmers with enthusiastic abandon. You cannot separate the three or four trending occurrences from the failure of leadership. Yes, they are the offshoot of disappearing leadership. 

Evangelists are enjoying a massive boom in membership drive because Nigerians do not know where to direct their griefs, their pains, and hope. Ritualists are trading on human parts fearlessly and Kidnappers are becoming more daring and deadly in their acts in human trade.  And the Herders are now the law unto themselves – untouchable and invading villages and towns, ravaging them with brutal alacrity, vanishing into the thin air like scenes from movies. And no father figure on the scene with his credibility intact to speak and appease to the conscience of the Nigerian man. If corruption remains unchecked and true federalism is jettisoned, watch out for the unknown. We cannot continue to do the same thing the same way all over again and expect drastic change.

Mr. Alex Aidaghese is a concerned Nigerian

IBB Backs Restructuring

IBB Backs Restructuring: Ejiofor Alike in Lagos and Onyebuchi Ezigbo in Abuja Former military president, Gen. Ibrahim Badamasi Babangida (rtd.), has thrown his weight behind the calls for the restructuring of the country a…

"Babangida, who also called for the establishment of state police, argued that if the country has repeatedly done certain things and was not getting the desired results, there was the need to change tactics and approach. He acknowledged that though restructuring and devolution of powers would not provide all the answers to the country’s challenges, they would, however, help to reposition the mindset of Nigerians to generate new ideas and initiatives that would make the Nigerian union worthwhile."

"Babangida advocated the devolution of powers to give more responsibilities to the states, while the federal government oversees the country’s foreign policy, defense, and the economy. According to him, even the idea of having federal roads in towns and cities had become outdated, adding that the country needs to tinker with the constitution to accommodate new thoughts that will strengthen the country’s nationality."

Media Prosecution: A Proactive Approach to Undermining Errant Judges and Defense Lawyers in Embezzlement and Forfeiture Proceedings in Nigeria.

Preamble!

It doesn't take rocket science to investigate fraudulent conducts and embezzlement of Public Funds in Nigeria. They are open-secrets. The problem lies, not exclusively with the Bench, but in the apprehension and successful prosecution of the culprits by the State. The Court or the Judiciary cannot, by itself, frustrate the dispensation of purposeful justice in a vibrant society like Nigeria. It takes the willing collaboration of those appointed to dispense justice in Nigeria with the accused and with the Bench to be able to frustrate purposeful justice. Sadly though, the inability of the State to mobilize the resources at its disposal and litigate competitively against the defense team is not gaining adequate coverage in the news media. What must we differently to maximize effort in the recovery of all the millions of Dollars and Pounds stolen from the National Treasury is the focus of this essay. It is a verifiable fact that the State Prosecutors (EFCC and ICPC) lack the maneuvering skills necessary to outperform the defense team in their perfection and deployment of legal and nonlegal strategies in the defense of their clients.

Considering the innumerable defeats that the State has suffered over the years in clear-cut cases of fraud and embezzlement related crimes on the ground of legal technicalities and jurisdictional questions, one is at pain to wonder the nature of the preparation available at these government agencies before filing a suit in the court of law. 

Take for instance the recent case of the Senate President, Dr. Bukola Saraki at the Code of Conduct Bureau. This case went to the Court of Appeal and to the Supreme Court back and forth, not necessarily on the substance of the case (false assets declaration), but on a procedural issue - the failure of the Code of Conduct Tribunal to sit three Judges at the commencement of the hearing as the law requires.That the case was later dismissed following a no case submission by the counsel for the accused is not the issue here. The time and resources wasted by Malam Danladi, the Chairman of the Tribunal on a procedural question - sitting of two Judges, instead of three as the law requires in clear terms should be of serious concerns to Nigerians. It is similar stories at EFCC - jurisdictional questions of law and competency of the court.

Be that as it may, not in all cases that the State and the EFCC have been found wanting on procedural issues, even though they still suffer defeat. It is my humble proposal that in clear-cut cases of fraud and embezzlement of public funds, like those of the bogus Petroleum Marketers, the former Minister of Petroleum Resources (Diezani Alison Madueke), and the former Chief of Defense, Air Marshal Alex Badeh, the State Prosecutors (EFCC and ICPC) should develop an aggressive narrative calculated to discredit them and impugn their integrity. The same approach should apply to lawyers and judges and all the witnesses aiding and abetting mistrial and victory on convoluted questions of law.

As a Prosecutors, you must be ready and willing to point accusing fingers - taking your case to the media. You must be consistently and unapologetically accusatory. You must never stop telling Nigerians how this and that named lawyer or how this and that named Judge is frustrating your investigation, frustrating the trial, and impeding the recovery of the fruits of the crime. It is that simple. He who comes into equity must come with clean hands. If you do the crime, don't come to a court near me; be prepared to do the time and forfeit your spoils of office to the State. Justice is not for looters. That should be the attitude.

Analysis!

Indeed, lawyering is a gentleman's game, but you don't have to maintain silence in the face of perversion of justice - debased litigation process unrepentantly perpetuated by defense lawyers as winning strategy. You must not confine the trial process to the inside of the courtroom. Take the fight straight to the street and to the TV Cameras (the media) detailing and repeating the facts of the case at the end of every proceeding.

Strategically speaking, you cannot continue to brandish AK47, when the man in possession of your property is mobilizing Air-to-Surface Missiles, supported by a Battalion of fierce looking Infantry Brigade ready to demobilize you and render you motionless; inflicting serious emotional harms and bodily injuries on your next of kin, thereby rendering your next generations inherently, materially and perpetually pulverized. In Economics, it is called "Poverty Cycle." 

But we must be wise, and, if the need be, embrace extraordinary measures to surmount the man-made and systems that facilitate poverty cycle. That's why this essay is written. After all, it takes a young David one slingshot to bring down the mighty Goliath.

This time, I am not proposing a slingshot or an armory of sophisticated weapons. But by words of mouths, using the media - persistent and consistent narratives, persuasive in content and aggressive in delivery - tailored at discrediting the culprits and making them enemies of the people prior to the judgment.

Granted, that most Nigerian communities are reputed for rallying to the support of their rogue sons and daughters facing fraud and embezzlement related criminal trials. Nevertheless, the Prosecutors must not relent in taking his or her grievances (the crime committed) to the group - the community of sympathizers. Reminding them that their so-called worthy son or daughter did not benefit them with his stolen wealth. It was all about him, his luxurious living and paying for expensive colleges and universities for his children overseas. It is about the narrative.

Again, granted that it is the decision of the court that matters, but don't forget that the Nigerian thieve is a stupid thieve who doesn't care about being caught in the act. He is supremely confident of his financial muscles; confident about buying favorable justice and working out free, aided by a highly compromised trial and verdict.

In Nigeria, proof beyond reasonable doubt standard is not difficult to attain in the embezzlement of public fund cases, because the law is clear and the facts are self-evidentiary. However, victory is difficult to attain because you are likely not to be at the position to mobilize the law and the facts to establish a case for guilt, due to questionable adjournments, injunction, and legal technicalities. Knowing these as the bedrock of the trouble with Nigerian criminal justice system, I entertain no scruples or nurse any feeling of guilt or a break with legal ethics, developing this street style, discrediting approach. It is another way of saying, we have the facts and we know the laws'; defense counsels and the trial Judge you are now on public notice.

If, for instance, an accused was paid 12.5 Million US Dollars as a down payment by the Nigerian Port Authority for a dredging job that was not done, and the accused later came over to the NPA, making demands for the outstanding payment, when the NPA and the law enforcement agencies have it on records that indeed the purpose of the contract was never fulfilled, what stops the Prosecutor from taking his case to the public via TV camera the moment the suit is filed? This is a more pragmatic approach to disarming the highly remunerated defense counsels who have perfected the craft of marshaling every undecipherable legal mumble jumble in frustrating proper proceedings and securing victory on convoluted technical premise.

In addition, if an adjournment is unconscionable, or unreasonable or not supported by facts or laws; come to the camera at the close of business and tell the public why the adjournment does not enjoy any support in law. If the defense counsel is playing a game with time (delay tactics); come out and tell Nigerians the history of the case and the necessary procedural issues, and whether the waiting period is legally plausible. In other words, make it a public trial. There is no law that says you shouldn't talk to the press after a hearing, if you stay to the facts of the case, adhering to the applicable legal ethics and telling credible stories after each proceeding

Conclusion

In sum, the Media Approach or Character-Focused Approach should only come to play in criminal proceedings like those of the bogus Petroleum Marketers, Madam Diezani, and the former Chief of Defense, Air Marshal Alex Badeh who was imperturbable, paying himself Millions of Naira every month as the Defense Chief, and allegedly spending N320 of the Air-force Funds to buy a house for his 28 years old son at Abuja. If you cannot adopt Summary Judgment in the face of mounting evidence, you can at least, resort to talking to the camera.

Educate Nigerians on how much they embezzled; how the embezzlement was consummated, and what the law says about the crime. You repeat these lines each time you make an appearance before the court.

Call it Character Assassination if you wish, but I call it Character Prosecution through the media. Don't do the crime, if you can't stand the humiliation that it engenders. If you knowingly defraud the State (Nigeria), and in complete disregards of the penalty or repercussions of your conduct, don't come to a court near me. That should be the attitude of the EFCC, the ICPC, and the Attorney General. It is not too much a scourge for the stupendous griefs purposefully imposed on a people God created and resourcefully endowed to be happy. I beg to move.

My name is Ehi Aidaghese, and I endorse this message.

An Addendum: 

"Competency of the Court" and "Jurisdictional Questions of Law" as used in the last sentence of the second paragraph.

What you are about to read may sound simplistic or jurisprudentially elementary; nevertheless, EFCC and their Lawyers have bungled some high-profile cases on issues relating to the competency of the court or of a court. Remember the Judge who awarded about N75,000.00 against an accused who was convicted of embezzling Millions of Naira over the years, as well as having ownership of extensive landed property all over Abuja and his native state. Though the judge is now dismissed from the Bench, the reason he gave for the decision was competency of his court. As you can see, it takes the collaboration - knowingly or unknowingly - of the Prosecutors, for the Bench to frustrate real justice.

For the benefit of those of you who are not lawyers and reading this essay right now, "jurisdictional questions" and "Competency of the court" are closely related. It is referred to as the hierarchy of court systems in a particular jurisdiction - country or state. They define the power/competence of each court in the system/hierarchy; the nature of the case or cases that a court can entertain or hear, based on the amount of money involved, stolen or in dispute; the geographical location (where the crime was committed or the transactions took place); and the fine or sentencing that the trial judge can impose at the end of the trial. It is a First-Year Law Class in Civil Procedure or Nigerian Legal System/Procedure.

You must comply with these procedural requirements before filing your case. One, the Judge was not competent, legally speaking, to award more than that amount of money in damages, and two, he was not competent to litigate over such colossal sum of money the accused was indicted for in his court. He went ahead with the trial, nevertheless. Yet, we continue to rely upon and continue to remunerate these EFCC Lawyers and their rented high-profile Counsels who knowingly participate in the frustration of real justice in our law courts via the filing of cases at wrong courts.

ICPC and Disappointment in High Places: Fighting Corruption with Tainted Hands

Must We Always Recruit from the Pool of the Discredited Few? How many are we as a country? We produce the highest number of Lawyers, Accountants, Economists, Public Affairs/Policy Administrators, and MBAs every year than all the African countries combined. Yet, Acting President Osinbajo and his Screening Team, if at all there was one, couldn't fathom the reasonableness of going beyond the pool of the usual suspects - the connected, the influential, the thieves, and the rich and the famous on public funds - in constituting a new team, to reinvigorate the ICPC. This is an embarrassment, to put it mildly. Or was it just a situation of a hapless Presidency falling victim to Saraki's high-handedness and dubious manoeuvring?

According to the Premium Times of August 4, 2017, "two of the 14 members announced to the board of the Independent Corrupt Practices and Other Offenses Commission (ICPC) are being investigated by the anti-corruption agency for alleged corruption in the region of N1billion, the ICIR is reporting. The two nominees are Maimuna Aliyu and Sa’ad Alanamu. While Mr Alanamu is being investigated on corruption charges allegedly committed while he headed several institutions in Kwara State, Ms Aliyu has a longstanding case of abuse of office, misappropriation, and diversion of public funds against her."

If Police had probable cause to indict these individuals long ago, as the story goes, but they were not tried or prosecuted by the EFCC ICPC or the Ministry of Justice, must we now reward them by appointing them to head one of the institutions that were helpless in prosecuting them?  Where is the face of wisdom in this administration?

And to the Acting President, granted this is not your exclusive ticket, but you are in charge now realistically speaking. My suggestion: Copy and Paste President Donald Trump, if you are in want of a roadmap - recruit people who are willing to push your agenda, unless you do not see any reason to disengage yourself from the status quo. You don't have to like Mr Trump; he is pushing a philosophy of change (a significant and dramatic change) that is inconsistent with the established order in scope and style, whether by Democrats or by his own Republican Party. And it is called motivations in power. 

Again, ask yourself, what would Papa Awo have done in your shoes? How did he manage Yakubu Gowon and his Military Officers and fought a Civil War, without resorting to external borrowing? It is about knowing what works (visions) and the ability to identify individuals who can bring them to fruition. That's what Papa Awo did in the old Western Region - recruiting selfless professionals in structuring and implementing social welfare programs that were available to all, and creating an economy that rivalled those of the Developing Western World. That's what President Bill Clinton did. And that's what President Barack Obama did.

To say Nigerians, deserve an explanation from the Presidency on how these individuals scale the Screening Process is an understatement.

If I may add, what exactly is the function of Professor Sagay and his Advisory Team on Crime/Fraud Prevention in this Administration? If after two years in office, you couldn't, as the head of a team, use your office to define and push for ICPC and EFCC ascertainable pragmatic and proactive mechanisms for fraud prevention, purposeful prosecution of the indicted, and curtailment in the embezzlement of public funds in the political system, you shouldn't be a reference voice in the war against corruption. 

And to the Acting President and the Presidency, heal yourself, but do it fast. That the culprits were not prosecuted or convicted of any crime is immaterial. Drop the names immediately, if the Police indictment is true.

AN UPDATE

On August 7, 2017, that's a day after the publication of the above essay, it was reported by the Vanguard Newspaper and other Nigerian Newspapers that the Acting Vice President, Professor Osinbajo, dropped the names of the two nominees mentioned in the essay from the Board of the ICPC.