KWENU: Our Culture, Our Future

Bobbing respect for rule of law

 ACHO ORABUCHI

 Dallas, Texas, USA

“Posterity will be my judge…” And “I inherited an empty treasury but leaving the state buoyant.” “God is my judge and my witness that I did my best for my people.” “I saved my people from exploitation by few men who were out to devour the state.” Those were the words of Dr. Chris Nwabueze Ngige, who was sworn in on May 29, 2003, as he touted his accomplishments.

This time, respecting the rule of law as he was giving the final account of his stewardship, Ngige stated that 12 of numerous state and federal roads the state is building have been completed. Among other accomplishments in his 33-month stay in office as Anambra State governor were massive housing programs, healthcare programs, regular water supply in Onitsha, and other pertinent people-oriented programs. He also flaunted leaving behind about N13 billion in the state treasury in contrast with when he took office.

I’m an ardent believer in the rule of law. But we should not let our quest for rule of law to obscure interesting phenomena that emerged as a result of the electoral drama in Anambra State. Dr. Chris Nwabueze Ngige seemed to have not looted the treasury of Anambra State.

It’s a general opinion that Ngige performed well for the duration he was in the office. In fact, many Nigerians believe that Ngige outperformed the rest of the Southeast governors. Nevertheless, the question many people have been asking is: Would Ngige had performed marvelously well if he had been resting without legal issues over his head—without the threat of being removed from office? Some people would argue that recognizing how Ngige’s predecessor performed in the office with the aid of immunity clause, supposing an answer would be a conjecture. Frankly, it’s really moot.

However, Ngige did perform because he wanted people to accept him regardless of his electoral transgressions with his accomplices. So with his performance in office, he was winning the hearts of Anambra people—thereby compensating for the burden of illegality. However it is sliced, Dr. Chris Nwabueze Ngige performed in office and that would be a tough act for Mr. Peter Obi, who was sworn in on May 17, 2006, to follow. I sincerely hope that Mr. Obi would not allow APGA to feed off of Anambra State’s treasury.

If we agree that Ngige performed under duress or in fear of wrath of God, and he outperformed the rest of the governors, particularly the Southeast governors, then it’s appropriate to break now the jinx called immunity. It’s time to expunge the immunity clause from Nigeria’s constitution. Without the immunity protections, the governors and other elected officials would discharge their duties transparently and accountably. The provisions of Section 308 of the constitution have allowed president, vice president, governors and their deputies to commit ills against the masses and hide under the immunity clause that prevent prosecution. That’s sad! The provisions of Section 308 of the constitution breed corruption and mediocrity, which consequently hurt the well-being of the Nigerian masses.

It’s Prof. Bedford Umez who once said, “We will find out in the long run that robbing Nigeria by a substantial number of its leaders only to hide the loot in foreign countries is deadlier than machine gun.” Not only that we’re finding out now the degeneration of Nigeria caused by officials’ loot, their actions aided by the immunity clause in the constitution are aptly deadlier than tsunami.

It’s imperative that corruption could not be fought effectively until immunity clause is expunged. The immunity clause is gremlin that needs to be broken immediately so that Nigeria may enjoy a little freedom from corruption.

Interestingly, there is no denying the fact that Wednesday, March 15, 2006 was a watershed for numerous reasons. The ruling of the Court of Appeal to sustain the earlier ruling of the tribunal, which awarded gubernatorial victory to Peter Obi, candidate of the All Progressives Grand Alliance (APGA) in the ballot of April 19, 2003 for Anambra State, is a sign of hope that one day most Nigerians would respect the rule of law.

It was also a day that rendered an indictment on Dr. Goubadia-led INEC. The Court of Appeal’s ruling that day was an affirmation that 2003 elections were riddled with fraud to the highest level.

That day was the dawn for independence of the judiciary. The judiciary has always been the kernel of democracy and its independence is paramount. The application of law should be fair and equitable. No one should be above the law and willfully violating the law should not be tolerated. More often those charged with upholding and administering the law, including those elected or appointed to discharge public good, are found flouting it.

Some reactions PNF USA argued, “We strongly believe in the rule of law and we encourage everyone to respect the rule of law. Our democracy can not survive in the absence of rule of law. It is the fundamental principle that would sustain Nigeria’s fledgling democracy.”

Prof. Soronnadi Nnaji offered, "No matter how belated and small it is; it is a positive step towards democracy. It is also an opening for plurality in party politics in Nigeria. Beyond these two thoughts, it is a wait and see."

Reacting to the ruling, National Secretary of PNF USA, Geoffrey Nzeadibe said, “Justice has been served, but it was badly delayed. I know that the wheel of justice does not turn as fast as desired but it should not turn this slow. I believe that most of the parties involved in this ordeal came out satisfied and I would certainly guess that they would have some respect for the law from this time forward. The will of the people should be respected at all times and if Nigeria as a whole adopts that motto: "Respect the will of the people and the law" a lot of things in Nigeria would go right. If this becomes a test case for the rest of Igbo speaking states, I am all for it.”

Chief Kingsley Megwara succinctly said, “Let the will of the people reign! It's a welcome news. The people's will and wishes should be reflected at all times. I applaud the Court for having the temerity to render justice.”

Commenting from Guangzhou, China, Maazi Stanley Odera opined, “Ngige getting out from Government house is not a cause to celebrate, despite the fact that he did a good job on our roads and paying workers constantly and on time, that does not eliminate the fact that he is a keeper of stolen mandate, also he sat on it even when he was exposed as a fraud, he stayed until Court of laws dealt him the get away verdict.”

He continued, “Even if Ngige tarred the entire road in Alaigbo, put food on all the tables and sweep every compound in Alaigbo, he is still a member of that gang that denied Anambra masses their vote by rigging out the man they voted for, so what Ngige should be doing is apologizing to those that he wrecked their right to choose a democratic leader and not to thump his nose as if it is a normal thing to do.”

Ngige does not deserve pathos for he has accomplished what many people could only dream of in their lifetime. He could boast of being a governor of a state despite the legal wrangling that lingered throughout his stay in office. Ngige was not a victim, we were. Obi is not the victor, rule of law is. Retracing the path to March 15, 2006, one cannot but pay deference to those whose blood, properties, and other personal sacrifices paved the way. It’s to them we owe a bundle of gratitude as we remind each other that those losses would not have happened if respect for the rule of law was not flouted.

It’s my infinite hope that this ruling would bring some modicum of law and order that would consequently permeate the entire culture and result in fair and free elections in 2007 and beyond.