The Nation Newspaper

Tag: abuse

  • ‘Arrest of Ekiti ACN chair is abuse of federal might’

    ‘Arrest of Ekiti ACN chair is abuse of federal might’

    The Action Congress of Nigeria (ACN) yesterday described as a gross abuse of federal might and a blatant misuse of power, the decision to arrest the Chairman of Ekiti State chapter of the party, Chief Jide Awe, following the death of an indigene of his hometown, Erijiyan Ekiti, in an intra Peoples Democratic Party (PDP) crisis.

    In a statement in Benin City by its National Publicity Secretary, Alhaji Lai Mohammed, the party said the harassment and intimidation of Chief Awe is part of a grand plan by the PDP to muzzle the ACN in Ekiti and trigger a breakdown of law and order, which the instigators hope will culminate in a state of emergency, as boasted by the impeached ex-Governor Ayo Fayose, who said no Governor after him would finish his term.

    ‘’What the PDP cannot get through the ballot box is what it wants to achieve through brigandage and abuse of federal might.

    But this will not succeed as the peaceful people of Ekiti will resist any attempt to turn their state into a theatre of war.

    ‘’The truth is that the PDP has a history of violence in Ekiti State, as in other places. Factions and rivalry within the party have been responsible for incessant skirmishes during rallies, primaries or meetings. This has happened in Ilawe, Oye, Ikere and Efon-Alaye where many of their members sustained injuries during such internecine clashes. The Erijiyan shooting fits into this pattern, and it happened because a faction of the PDP tried to prevent another from taking part in the defection ceremony,’’ it said.

    ACN said Chief Awe, a highly-respected high chief from Erijiyan, is being selectively persecuted by the PDP, through the Minister of Police Affairs, Capt. Caleb Olubolade (rtd), who has decided to abuse his office just to get the ACN Chairman arrested and taken to Abuja, after he (Chief Awe) had been interrogated and released by the police in Ekiti.

    ‘’It is shocking, to say the least, that the minister, who is also an interested party, a gubernatorial aspirant and a factional leader of the PDP, did not see anything wrong in the fact that no member of his party, the PDP, in the state has been interrogated by the police over the Erijiyan crisis.

    ‘’He did not see the glaring unfairness in the fact that even ahead of the crisis – which was triggered by the planned defection of some ACN members in the town to the PDP – the leader of the defectors, also an indigene of Erijiyan, had boasted that the day of the event would be bloody.

    ‘’The threat became a reality as sporadic shooting started on Friday night and continued till Saturday night by a chieftain of the party in the town, who is known for using gun shots to announce his presence in the town. That our party chairman will now be arrested and taken to Abuja, over a crisis in Ekiti, while those who instigated the crisis are walking free, is not the definition of fairness and justice,’’ the party said.

    ACN therefore demanded an unconditional release of Chief Awe and his safe return to Ekiti, while all those who precipitated the crisis but are now walking free should be immediately invited by the police for interrogation.

    The party warned that the police must not allow itself to be used by anyone, no matter his status in the federal government, because in the end, the credibility of the law enforcement agency will rest on the perception of the people concerning its fairness and non-partisanship.

    It also appealed to its members to be calm and to resist all attempts to provoke them into violence, which is what the pre-meditated persecution of the ACN Chairman is about.

     

  • Customs warns against abuse of ECOWAS scheme

    Customs warns against abuse of ECOWAS scheme

    The Nigeria Customs Service, Seme command has warned importers operating along the border areas to stop abusing the ECOWAS Trade Liberalisation Scheme (ETLS).

    Speaking with Newsextra in his office last week, the Area Controller, Comptroller Abdu Saleh Othman said the scheme was designed to encourage trade among West African countries and that it must not be abused by importers and their clearing agents.

    Othman warned that importers must not use the scheme to bring prohibited items into the country.

    He said the command is determined to ensure that smuggling and other forms of illegal economic activities along the Seme axis are prevented.

    The Comptroller said the efforts of the Comptroller General of Customs, Alhaji Dikko Abdullahi to curb illegal importation and boost economic activities along the border areas must be sustained.

    He said prohibited items coming to the country through the border would be seized and that the importer or their clearing agent would be arrested to face the music.

    The command’s revenue generation profile showed that the sum of N7, 986, 073, 939. 43kobo was collected last year as against the sum of N6, 243, 649, 157, 90kobo that was generated in 2011.

    The command recorded 480 seizures of various goods with duty paid value (DPV) of N227, 035, 726, 00kobo.

    The seized items included motor vehicles, frozen poultry products, used tyres, rice of different brands, textile material, and leather shoes among others.

  • Audu: EFCC accused of abuse

    •’Re-arraignment politically-motivated’

    A civil society organisation under the aegis of Kogi Justice and Freedom Forum (KJFF) yesterday described the fresh suit instituted by the Economic and Financial Crimes Commission (EFCC) against former Kogi State Governor Abubakar Audu as an abuse of court process.

    The President of KJFF, Bamidele Zacheaus, in a statement in Abuja, said the re-arraignment of the ex-governor was nothing but an “innuendo-laced crap” and a “dishonourable low-level cheap shot media manipulation” aimed at rendering him “unsellable, unelectable and unmarketable.”

    He said the EFCC appeared to be carrying out a politically-motivated vendetta against Prince Audu.

    “We are aware that the allegations against him are being tested in court, and it is our policy to be reticent about issues before a court of competent jurisdiction,” Zacheaus said.

    He added: “There is increasing negative media campaign against Prince Audu and there is a coordinated network of different websites and newspapers that have vowed to sustain their campaign against him until he is destroyed.

    “Some of them have packaged him as the face of corruption; others have branded him as the greatest obstacle to Nigeria’s development. We have come out of our reticence. He is none of the above!”

    The forum said the new suit was meant to browbeat the former governor into submission.

    The statement reads: “Arraigning Prince Abubakar Audu before Justice Adeniyi of the FCT High Court in Abuja in the face of a pending charge duly initiated by the same EFCC at the High Court of Justice presided over by Justice S. T. Hussaini and the Court of Appeal, Abuja in Appeal No: CA / A / 381c/2011, alleging the same offences committed during the same period and arising from the same facts as the pending and extant charges smacks of an ill-conceived agenda to perpetually browbeat him into political submission.

    “Any organisation serious about fighting corruption in Nigeria should know that Prince Audu cannot legally be arraigned and/or prosecuted by the EFCC or any other person or authority within the Federal Republic of Nigeria in respect of the offences allegedly committed during his tenure as the Governor of Kogi State between May 1999 and May 2003 when there is a subsisting charge pending before a court of competent jurisdiction, alleging the same offences committed during the same period and arising from the same facts as the pending and extant charges.

    “Whether the EFCC likes to hear this or not, the shabby manners in which corruption-related cases against political and other public office holders have been handled in the courts are because the anti-graft agency usually ignores the need to carry out thorough investigations before rushing to the courts for prosecution simply because it wants to score cheap political points.

    “So, the real problem is with the prosecutor, in this case the EFCC.

    “The agency seems to be more interested in satisfying the aspirations of its sponsors rather than doing an honest job of digging beyond the surface into alleged cases of corruption and misappropriation of public funds.

    “One day, the true story of Nigeria’s accursed anti-corruption lies will be told and Nigerians will know the real faces behind the masquerades they have been misled to applaud.”

     

  • Fayemi warns NSCDC officials against weapons’ abuse

    EKITI state Governor Kayode Fayemi has cautioned men of the Nigerian Security and Civil Defence Corps (NSCDC) in the state against misusing the weapons given to them to protect the residents.

    Fayemi spoke in his office in Ado-Ekiti, the state capital, during a formal presentation of the arms to him by NSCDC State Commandant Augustine Obiekwe.

    He said his administration would support any security agency that is committed to maintaining the peace and securing the life and property of residents.

    Fayemi blamed the rising spate of insecurity in the country on unemployment and assured the people that the state government would continue to create job opportunities.

    He urged the NSCDC to cooperate with the newly established Peace Corps and other security agencies to actualise the government’s vision to make Ekiti the destination of investors.

    Obiekwe said there would be a significant improvement in the corps’ performance now that they are properly equipped to fight crime. He assured the governor that the rifles would not be misused.

     

  • Presidential pardon: Abuse of discretion is impunity

    The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel. As the sense of responsibility is always strongest, in proportion as it is undivided, it may be inferred that a single man would be most ready to attend to the force of those motives which might plead for a mitigation of the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its vengeance. The reflection that the fate of a fellow-creature depended on his sole fiat, would naturally inspire scrupulousness and caution;” …..Alexander Hamilton, The Federalist #74, March 25, 1788

    In one of the most embarrassing acts of ill-advised ‘self immolation’, President Jonathan on Tuesday, March 12 granted presidential pardon to Chief DSP Alamieyeseigha. The President purported to be acting within his powers under Section 175 of the 1999 Constitution as amended, which grants the president power to grant pardon to individuals convicted by any law made by the National Assembly. On legal grounds and going by the conventions around the world, the Presidential power of pardon is discretionary. The Constitution under section 175 did not even require him to provide a reason. However, the exercise of discretion speaks more to the moral authority of the President than his legal authority. In granting discretionary powers to elected officers, the Constitution is not only imposing a grave obligation on them but also calling on their sense of responsibility to help give meaning to the intendment of the constitution as a document designed to ensure rule of law, democracy and the moral integrity of the state. By the reckless exercise of this power by President Jonathan, he has destroyed the moral foundations of this presidency and undermined the sanctity of his office. It is not enough to follow the law to the letters. If the constitution intended a zombie-like fidelity to the constitution without the human interpretation of the spirit the Constitution, then the constitution can as well be a computer program that brooks no allowance for human ‘creativity’. Exercise of power under the Constitution answers to three gods. The god of public good, the god of the letters of the constitution and the god of morality from whence power drives legitimacy and credibility.

    The defects of this pardon lies not just in its abysmal moral contradictions but also in its inadequacies on legal and conventional grounds. On conventional grounds, after examining the practices around the world democracies and dictatorships, pardons are granted to – cure the defect of judicial process; promote public good; promote repentance by acknowledging extra-ordinary act of penitence by a convict; ensure national security and promote reconciliation. These lists are not exhaustive but are rather indicative of the altruistic nature of the exercise of presidential pardon powers. Under the current presidential rascality, none of the above is captured by this act extended to Alamieyeseigha . On the legal front, it becomes more problematic.

    Alamieyeseigha is an international fugitive with an international arrest warrant hanging over him having jumped bail in the United Kingdom. He also has charges of money laundering against his person in the United Kingdom and the United States. These realities are peculiar circumstances and carries with it serious legal implications. How then can the President justify extending pardon to an international fugitive? How can you claim that Alams has repented if he cowardly hides in Nigeria and takes no steps to clear his name in the UK? Never has a presidential pardon in history anywhere in the world to the knowledge of this writer been extended to an international fugitive who is properly so called. Essentially the message Nigeria is sending is its manifest disdain and disregard for the UK justice system or to international conventions on law and order. Hamilton above captures the dangers of presidential pardon and the moral obligation needed in exercising this authority. President Jonathan appears blind to these moral obligations or blindsided to the dangers of executive impunity.

    It is important at this point to clear certain misconceptions and share some open secrets about this abuse of power. The decision of granting pardon to Alamieyeseigha was not that of the National Council of State. The Presidency is attempting to couch this insanity with the cloak of ‘legitimacy’ that a suggestion of a collegial decision may give. Sadly it is not so. Under the section 175 of the Constitution, what the president is required to do under the law is to consult the National Council of State. He is not BOUND by their decision and neither do they have any constitutional powers to stop him. He simply informs them. So the responsibility for this action rests with President Jonathan alone. The second point is that this presidential pardon is primarily for Alamieyeseigha. The other people in the list are just a feeble attempt to legitimize the indefensible. To drive this point home, Diya and Shehu Yar’Adua were both convicted by a military tribunal that falls short of basic requirements under international convention and our constitution of what fair trial should be. It will be a historical injustice of an unquantifiable proportion to group these men in the class of Alamieyeseigha.

    It is necessary also to state at this point that the crimes for which Alamieyeseigha was convicted are in a special class. Nigeria has been defaced by corruption. Since the return to civilian rule, corruption has been the bane of our development as a people. Now it defines us. From the fuel subsidy fraud to the pension fraud, from the decay of infrastructure to growing poverty, we as a people are under a strangulating hold of corruption with the danger of suffocation if it is not combated. And so for Nigeria, corruption is not just a social ill, it is an existential problem that is more dangerous than violence since violence is just a manifestation of the problems of corruption. State response to corruption has been grossly inadequate. Our international image has been battered by this virus. Given all these dynamics and existential dangers of corruption, our government cannot be granting pardon to corrupt officials. It is unconscionable to do that at this time, and in this form. This is shamefaced endorsement of corruption. It destroys the faith of the people in government, tarnishes our image home and abroad and undermines our anti-corruption fight if at all there is any.

    The Presidency embodies not just legal authority and power but also symbolic of everything that is Nigeria. It is an institution bigger than any individual and must be preserved not so much for itself but for its fundamental significance. What is being destroyed here is not just the spirit of our constitution or the integrity of our already damaged presidency but the legitimacy of the Nigeria state. It is such a steep price to pay to clean the up after an international felon. Hamilton captures the essence and substance of presidential pardon above here and rightly so. Every time an elected official exercises discretion, he is sending a message on behalf of the state. Mr. President, what message are you sending here?

    •Ilo writes from Abuja

     

  • Pardon as abuse of oath of office

    I still recall the baritone voice of one broadcaster in the Nigerian Television Authority (NTA), at the height of political activities way back in 1983. Then, whenever the chap wanted to praise the ruling National Party of Nigeria, he reminded his viewers that though members of his organisation are not politicians, they knew which side of their bread was buttered. Of course the broadcasting authority back then was a propaganda outfit of the ruling NPN. A public relations department if you prefer. Such thoughts came to my mind as the news spread that President Goodluck Jonathan has granted presidential pardon to his political mentor and kinsman, Diepreye Alamieyeseigha, in exercise of his constitutional powers.

    As the President’s aide, Doyin Okupe, tried to justify the president’s action, it once again donned on me that despite the provisions of the oath of office and braggadocio of swearing to act in the best interest of the country, public power in our clime is essentially for the advancement of private interest dressed in the garb of public interest. To douse the putrid odour of the Alamieyeseigha’s saga, the President sought correlated interests, and willy-nilly dragged them in, to deodorise this political infamy. But as it must be clear to most political observers, President Jonathan thoroughly dose not care, when he has a personal interest to advance. That is why, for example, despite the huff and puff of his political opponents and critical stake holders, certain ministers are untouchable in the present dispensation.

    The President in granting the pardon presumably acted within the precept of Section 175(1)(a) of the 1999 constitution which provides that: ‘The President may grant any person concerned with or convicted of any offence created by an Act of the National Assembly pardon, either free or subject to lawful conditions’. To exercise this power, the President is enjoined to consult with the Council of State, which he did. Also in Sub-section 3, he is enjoined to consult the same Council of State, when he wants to exercise his powers ‘in relation to persons concerned with offences against the army, naval or air-force law or convicted or sentenced by court-martial’. A cursory look at the provisions of Section 175 ordinarily shows the extensive powers of an executive President. Under the section, he also has powers to even tamper with or mellow down a conviction or sentence or damages handed down by a court. But, I believe that as extensive as the powers seem, the powers of the President as created by the constitution can only be exercised in tandem with his oath of office, otherwise he can be accused of abusing his powers.

    So, Section 175 and indeed, any provision of the constitution must be exercised so as not to jeopardise another provision of the constitution. Thankfully, the President took the oath of allegiance in the Seventh Schedule to the 1999 Constitution. A paragraph of the oath, which the President took, provides: ‘That as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully, and in accordance with the constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria …’ (Emphasis mine). Further down, he also swore: ‘that I will not allow my personal interest to influence my official conduct or my official decisions … ’ (Emphasis mine)

    A combined effect of the emphasised portions of the President’s oath of allegiance shows clearly, that while the President has enormous executive powers, he is under oath, not to turn the country into a personal fiefdom. For instance, the President cannot decide to appoint his family members as the cabinet ministers or high level government officials in exercise of his powers under Section 171 of the constitution, among his other presidential prerogatives. Apart from the political consequences, he will be offending his oath of office and the principles of federal character, which provides for ‘proportional sharing of all bureaucratic, economic, media and political posts at all levels of government’.

    Interestingly, Mr President some days ago publicly admitted that Mr Alamieyeseigha is his political benefactor, and few days after granted him presidential pardon over his conviction for gross corrupt practices. By that action, the President has allowed his ‘personal interest to influence his (my) official conduct or his (my) official decisions…. ’ Again, the President, the National Assembly, the Supreme Court in A. G. Ondo State vs A. G. Federation, and, indeed, the press and general public have all agreed that corruption has become the greatest challenge to the integrity, solidarity, well-being and prosperity of our dear country. By the President’s action in pardoning a convicted corrupt official in the face of these acknowledged national challenges, the President has clearly abused his oath of office and his executive powers.

    As many have argued, the pardon granted Alamieyeseigha has dealt a severe blow to the integrity of our country; and pooh-pooh the so called war against corruption. To show how seriously Mr President’s action of elevating his personal interest to influence his official conduct has dented our image within the international community, a United States’diplomatic official has against diplomatic necessities, commented on the depravity of this corruptly permissive conduct of the President. The inclusion of those convicted for plotting a coup against a government that was also illegitimate among those pardoned cannot justify an act that clearly undermines the integrity of the country. As the President may now realise, this political gamesmanship has clearly backfired. But he can find cold comfort in a similar action of former President Olusegun Obasanjo, when as President he got the charges of corruption against his own kinsman quashed.

     

  • Osoba decries abuse of social media

    Former Ogun State Governor and veteran journalist Chief Olusegun Osoba has decried the growing menace of the “social media” in the country.

    He said the “fiction” it permits untrained hands to circulate is dangerous to journalism and peoples’ reputation.

    Osoba noted that persons, who were neither trained as journalists nor obliged to abide by the ethos and ethics of the profession, have latched on the social media to spread falsehood about people, ostensibly to “blackmail and malign them”.

    The former Managing Director of The Daily Times spoke at the weekend in Abeokuta, the Ogun State capital, at the Maiden National Convention of the Nigerian Institute of Journalism Alumni Association(NIJAA), tagged: “Olumo 2012”.

    He lamented the helplessness of traditional journalism in tackling the danger and threat social media constitutes.

    Osoba called for efforts by institutions such as NIJ and the Nigeria Union of Journalists (NUJ) in regulating the practice of journalism.

    “There is nothing we can do now about social media, it is becoming something else, this is a terrible thing and dangerous to the trend of journalism.

    “NIJ, NUJ, the Guild of Editors and other sister bodies should regulate the practice of journalism.

    “We should not leave the practice in the hands of those who know nothing about the profession,” Osoba said.

    A former Information Commissioner, Doyin Ogunbiyi, urged journalists to make the profession a chartered one and move away from political unionism.

    Ogunbiyi lamented that the social media was taking over the profession.

    He recommended that journalists should begin to think of journalism without pen and paper.