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Appearance Of Impropriety vs. Due Process
Author: Farouk Martins | October 16, 2007
There is a higher standard called Appearance of Impropriety that decent men and women adhere to before clinging unto Due Process. Of all the countries... (2) Comment


 
   

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Osondu Onoh    Maryland,20910, USA    October 16, 2007
We are discussing two issues absolutely different from each other. We are talking about impropriety which includes moral or inappropriate behaviours for public officers, and due process which is the basic rule that marks the framework for any official procedure in every democratic nation.

In my humble opinion, the issue about impropriety does not call for debate in a democratic and secular state like Nigeria, USA, UK and others. First of all, appearance of impropriety as fundamental to achieving respect for the rule of law and due process is like asking a Christian to swear an oath with a Koran.

What we demand from our public officials are fairness, strict adherence to laid down procedures and respect for our constitutional rights to freedom and justice. It would be insane to demand that a public officer anywhere in the world be perfect and distance away from any act of impurity.

As human beings we are bound to make mistakes however, mistakes are corrected accordingly in a democratic society. People pay high prices for their mistakes, errors or crimes. Some pay moral prices, some pay economic prices and other jail and more severe punishments.

The personal virtues and defects of any public officer are principally accessed, given consideration and recognition according to the situation that presents at the time. If there is a deviation from due process and strict adherence to the rule of law ignored, we tend to compile the sins of that individual including his personal relationships with his wife and family, while in the event of a smooth flow of political and economic decisions, nobody seems to care about “Ali Must Go”, and what it represents in our Nigerian society. You know what I am talking about.

Is it possible that only the high and mighty in the society can benefit from the respect for the rule of law and due process? My answer is no. It is difficult for an administration that campaigns and demands for the rule of law to prevail in every aspect of our society to show disregard to a judges ruling or order in a case involving ordinary individual in Nigeria.

It is difficult to abuse a public office and individual rights when due process is observed and literally followed. That would amount to hypocrisy and will be visibly detected, and informed. We will then have a course to fight the appropriate authority. We can now challenge whoever is involved with legal actions and protests.

However, it is imperative for us to embrace this initiative that will trap the high and mighty, and compel them to strict observance of the rule of law and due process in our democratic society.

Laws are made that men should feel safe and be shielded under it.

Generally, it is the duty of the accuser to provide evidence that will condemn the accused, and the accused has the obligation to provide evidence that can exonerate him/her from any wrong doing. Common sense tells us that we must respect every claim of innocence until found guilty. No one can be the law, the judge and the executioner.

What we have witnessed in the recent past is that the EFCC had shown disregard to the rights of every citizen of this country to free trial and consequently unleashed a dictatorial procedure in their fight for justice and corrupt free Nigeria.

What justice where they fighting for when innocent ordinary Nigerians are detained without trial for years until “OGA” (the boss) decides to show mercy and let them go, go free.

Of course many rich and influential men and women in the country will benefit from it (the rule of law), because they are the ones who can afford the cost of long and strenuous judicial process. It is the same in the USA and other parts of the world where the rule of law is supreme. When you have a good and high profiled lawyer; you walk into the court an accused person and in most cases, walk out a free man or woman.

Believe me, Pinochets family would be uncomfortable with our AGF and Nigerian society in general for the simple reason that they cannot be so sure in what direction the wind of their entire fate will blow tomorrow. Remember Charles Taylor and his journey through Nigeria.

Aberto Fujimori went through the thorn full process of justice in Chile before he was eventually extradited to Peru to face trial for his crimes against humanity and corruption.

He was not arrested and dumped in jail until he becomes desperate for freedom and is compelled to confess to a sin he did not commit. That would amount to torture and should not be condoned in any civilised world.

Nigeria is not the most corrupt country in the world anyway, so, comparing corruption to terrorism is absolutely mischievous and farther from the truth. We are not in a state of emergency because of corruption. Corruption cannot be eradicated by means of force and jail time for offenders only; we should also consider education as a viable means of getting to the last ranking man in the Nigerian corruption syndicate, the bribe givers.

Corruption is everywhere in Nigeria. Believe me, if AIG Ribadu were in the USA, he would be languishing in jail for abuse of office. It is corruption to illegally arrest members of a state parliament, intimidate and blackmail them with prison time, release them to go and impeach a democratically elected state governor, and no one dare demand explanation from him. Where was Gani? Where was Femi Falana?

Of course many mighty and high will walk with impunity because of the technicalities in law everywhere in the modern world. Our fundamental human right prevails over any fight or intention to fight any type of crime in the world. Because the worst crime is a crime against humanity and the right to be respected as a human being, due process has to be strictly observed before a person’s right can be violated.

Former Italian Prime Minister Silvio Belusconi was investigated for corruption and special treatment and favour to his private company. He was never arrested and paraded before the public without evidence linking him to those accusations.

US attorney general Alberto Gonzalez resigned from his job amidst allegations that he wrongfully removed federal attorneys opposed to his work methods. AIG Ribadu is walking with impunity and of course, shameless after accusing several Nigerians of corruption without evidence let a lone bringing them to trial before a competent court of law.

If every Nigerian knows his/her rights as a citizen, it will be difficult for any abuse on anyone to go impugn. If due process is inscribed in our daily activities, it will be difficult for any abuse of office to go unchecked. If we respect the rule of law, the burden will be on the judges to deliver justice with fairness. If every Nigerian feels respected and appreciated, no one will be complicit to corruption and other criminal acts.

There are more severe consequences for rejecting respect for the rule of law and due process than we can have in corrupt nation. Nigerian officials are not kleptomaniacs, they are white collar criminals. Kleptomaniacs are sick and easily detectible criminals while white collar criminals and more dangerously concealed, shielded and acknowledged in the society thereby, making it difficult to engage in a forceful and brutal way. They are real five star thieves, and that’s what demands for a more innocuous strategy to confront, trap and bring them to justice.

Nigerians should not question the resolve of this administration to fight corruption. We should not despair because we no longer read propagandistic headlines about corruption on our daily news.

The rule of law is more frightening to looters than the arrest and detention of looters whose bail and release will be subsequently negotiated by the next of kin to Ribadu (or whoever is concerned) and, end of the story.

The rule of law scares people who have leaved outside the law all their lives. The rule of law impedes arrogance and power drunkenness in every level of government in every society.

Due process and rule of law is not questionable or debateable in a civilised society.
OMOTAYO, J. A.    Lagos, NIGERIA    October 16, 2007
An iron ore lodged underground by nature does not suddenly become steel because people are in dare need. It follows a process: excavation, washing, melting, addition of carbon, and cooling. Each of sub-systems involved are governed by scientific laws. No one disregards these scientific laws in steel making process, even where improvised local methods or the convensional approaches are involved.

Similarly, fighting corruption must also follow a process: investigation, prosecution, conviction, and sentencing. These sub-systems here are governed by "rule of law" just like the scientific laws in the foregoing illustration. We cannot jump "rule of law" in the fight against corruption, unless we have started another authoritarian war.

I do not like to see the looters of the economy walk free. It annoys me. If a revolution wipes off all these looters today just like the Russian revolution, Chinese revolution, French revolution, etc, I am okay. Revolution delivers instant justice whereas democracy does it gradually. But a revolution does no go hand in hand with democracy.

Rather democracy goes hand in hand with rule of law. Since Nigerians have accepted democracy, we must bear the pain of the slow process associated with the corruption war.

In view of the foregoing, the AGF is not at fault. He should be commended for adhering to "rule of law".

God bless Nigeria
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