Dasuki and the rule of law

On November 3, 2015, court orders were granted permitting Sambo Dasuki, former National Security Adviser who is facing trial for alleged fraud in the purchase of arms under his watch, to travel to attend to his health for three weeks before the resumption of his trial. Days after the order was granted, men of the Department of State Security (DSS) continued to lay siege on Dasuki’s house and prevented him from leaving the country on two occasions.

At the resumed hearing on November 13, Justice Adeniyi Ademola reportedly reacted angrily to the siege on Dasuki’s house despite his orders, and dismissed DSS reasons for the actions. The DSS had claimed that Dasuki refused to honour an invitation by a panel looking into the purchase of arms under his watch, but Dasuki has denied ever receiving any such invitation. The judge was quoted as saying, “My own orders will not be flouted.” Still by last Monday, according to reports, the DSS had not complied with the ruling and the judge consequently requested the presence of the Attorney General of the Federation, Abubakar Malami, to explain why the order regarding the former NSA was not adhered to.

While this was ongoing, news broke that the president had ordered the arrest of Dasuki for fraud of $2.1 billion in the purchase of arms. In a statement signed by presidential spokesman, Femi Adesina, the arrest order followed an interim report submitted by the committee which indicted Dasuki, even though Adesina acknowledged that the committee was yet to complete its task.

To be clear, we totally support the war against corruption and we believe that anyone who has stolen or misappropriated public funds must be punished for it. It is the least they deserve. We are also totally against influential Nigerians’ penchant for hiring expensive lawyers who employ legal gymnastics to thwart court processes and secure all manner of injunctions to stall trials or secure comfortable soft-landings for their clients.

On the other hand, we also stand for the rule of law and against any attempt to flout a legitimate court order or subvert the judicial process and use extra-legal means to punish an accused person who has not been declared guilty by a court of law. The rule of law and institutions of governance must be respected at all times.

As a government of change, this administration must not set a bad example of trampling on and consequently destroying institutions while trying to build a prosperous society. We recall how during the electioneering campaigns and amid concerns that he was an unrepentant dictator, President Muhammadu Buhari was at pains to explain that this time around he would govern according to the rule of law and there would be no draconian measures or abridgement of the rights of citizens. It is now time to walk the talk. The Buhari government must, therefore, avoid setting itself on a collision course with the judiciary; it must break from our recent past experience when government and its apparatuses flouted legitimate court orders with sickening impunity.

We continue to insist that the most effective way to secure conviction of corrupt individuals is through diligent and thorough investigation and prosecution, coupled with the presence of an efficient, reliable and firm court system that is not susceptible to manipulation. However, in Nigeria, investigation and prosecution are almost always shoddy, lazy and disorganised. That is why the Nigerian state hardly succeeds in securing convictions for even obvious crime cases.

We recall how, for instance, James Ibori was discharged and acquitted on a 170-count charge in a Nigerian court only to plead guilty to the same charges in a United Kingdom court just to avoid a trial that would almost guarantee him a longer sentence. We also recall how, recently, the state fell flat in the trial of Godsday Orubebe, a former minister, when called upon to present its case. The prosecution team was not prepared for the trial and its witnesses were not ready, yet it rushed to arraign Orubebe for trial.

On this note, we advise that, going forward, the state and its agencies should prepare thoroughly for the trial of any accused person before arraignment because the court will not convict anyone on the strength of a presidential statement or on the report of an investigative panel but on hard core evidence – the result of a thorough and all-round investigation and disciplined prosecution.

All said, we must realise that prosperous and sustainable societies are built around respect for the rule of law and on strong institutions. Nigeria cannot be an exception.