Just Before Sunset
By
Godwin Agbroko
disnation@yahoo.com
culled from THISDAY, October 17, 2006
I’m not too sure whether the exit
of Governor Ayo Fayose of Ekiti State will not overtake this column. At the
time of writing, there were speculations that the strong man of Ekiti
politics had fled the comfort of the gubernatorial palace into God knows
where. One paper even reported that Fayose is in Ghana right now.
People like Dr. Kayode Fayemi, an Ekiti governorship aspirant, can't vouch
that Fayose has truly disappeared because the governor is a political cat
with nine lives. "Yes, what we have heard is that the man has disappeared",
Dr. Kayode said sceptically before putting his finger on the Fayose
phenomenon: "They cannot find him at the Government House; they cannot find
him at the Governor's Office. But you cannot be too sure that the man has
disappeared because he may emerge tomorrow to claim another glory from
speculations that he has disappeared."
That is just the problem. No one is sure of anything, any more. Nobody can
say for sure whether democracy is being re-invigorated or slaughtered in
Ekiti, and Plateau States. In fact, it is difficult to gauge whether what we
are witnessing right round the country is morning yet on democracy day, or
the twilight just before sunset.
For sure, democracy, for the brief periods it had existed in Nigeria since
independence, has never been in short supply of strange ways. But what is
happening today in both Ekiti and Plateau States has taken democracy from
the narrow groove of strange ways smack into the highway of lunacy.
When Ekiti lawmakers came back to Ado Ekiti from the embrace of the Economic
and Financial Crimes Commission (EFCC) huffing and puffing, everyone thought
Fayose's end had finally come. Everyone knew that the stench from the Ekiti
poultry farm project was enough to drive any public official from office.
And to seal it all up, 24 out of the 26 members of the House were ready to
impeach.
The only thing that didn't quite fit was Fayose's Biblical rhapsodies, such
as arriving and seeking God's face at the Red Sea, and God throwing the
enemy's camp into confusion. How? Will God wash away the poultry stench?
Will He rain down Ghana-Must-Go bags to dissuade the 24 legislators? Just
how?
Just how Fayose's God works in mysterious ways was revealed when Ekiti Chief
Judge, Justice Kayode Bamisile, inveiled members of the seven-man panel to
investigate the charges of corruption and money laudering against Governor
Fayose and his deputy, Abiodun Olujimi. The chairman of the panel was said
to be the governor's in-law; a member is not only the governor's cousin but
his sister is personal assistant to the governor's wife; another, a lawyer
of four years at the bar works in the chambers of the man, who until a few
months back, was Fayose's attorney-general; yet another is the best friend
to the governor's wife; not to talk of the one who was earlier fetched by
Fayose from forceful retirement from the civil service rehabilitated, made a
permanent secretary and now pencilled down as a commissioner at the time of
the constitution of the panel. In short, every member of the panel was the
governor's close associate.
In a stroke, Fayose now at the Red Sea, had literally turned the tables on
his legislative pursuers. Faced with this absurdity from the judiciary, the
Ekiti legislature decided on an equal absurdity of its own. After all, as
they say in Warri, cunny man die, cunny man bury am. Its summons to Justice
Bamisile to explain his perfidy of setting up a panel of Fayose's cronies
rather than one of persons with iron-cast integrity as demanded by the
constitution having been ignored by the chief judge, the House suspended him
peremptorily and appointed another to take his place, equally in
contravention of the constitution. I reckon that being an engineer, the
Ekiti Speaker, Hon. Friday Aderemi must have decided to mathematicise the
politics of Fayose's impeachment to produce the desired result. Bamisile's
panel being a negative constitutional quantity, Aderemi decided to
neutralise it by another negative, namely the unconstitutional suspension of
the chief judge so that a positive outcome, that is, the impeachment of
Fayose can result. In mathematics, two negatives will always produce a
positive.
Unfortunatley, we are not in the world of science where such signs as
negative and positive don't have values of their own. In the real world we
live, the two negatives meant to produce the positive outcome of impeaching
a corrupt governor carry a moral baggage with serious consequences. Nothing
tells the story more than the work of the two panels one, set up by a
purportedly suspended chief judge, and the other by a purportedly acting
chief judge. The first was named on Monday, sworn in on Tuesday and after
only a three-hour sitting, absolved the governor of all charges. I'm told
the greater part of the three hours was spent waiting for Fayose's accusers
to come to press their case and when they didn't show up, the panel, used
the principle of he who asserts must prove, to exonerate the governor. The
second panel performed even better, beating the record of the first. It sat
for just 15 minutes and in that time established Fayose's guilt. I'm sure
the panel's supersonic speed must have frightened Fayose into taking flight.
From Ekiti, let's move over to Plateau. I'm sure that everyone, including
the EFCC must be terribly exasperated by the stubornness of the legislators
on the Plateau. Governor Joshua Dariye's case started long before that of
Diepreye (Alam) Alamieyeseigha, and is as clear if not clearer than that of
the former Bayelsa State Governor. After all, Alam was only imitating Dariye
when he got arrested in London and subsequently jumped bail. But while the
Bayelsa legislators had since cooperated and threw Alam to the anti-coprruption
sharks, Joshua (courtesy of the Plateau legislators) is still sitting tight,
trying to prove that he is the incarnation of that man of war in the Bible.
Finally, preparing Dariye to be barbecued (that is what impeachment is all
about) has proved to be more messy than that of Fayose. Of the 24 members of
the Plateau House, only a miserable eight have agreed to do the job. Even
so, two are dissociating themselves from the grisly job. To justify this
improbable figure for impeachment, the eight (minus two) butchers of Plateau
had to rationalise that 14 of their PDP colleagues (in EFCC custody?) have
ceased to be members of the House because they have abandoned the original
party that brought them into the legislature and decamped to another.
Of course, one would have laughed the foolish (legislative) virgins to scorn
because they were speaking from either constitutional ignorance or mischief
or both. But that was before the electoral authorities added a bizarre twist
to the Plateau drama. While the 14 legislators were in court to uphold their
continued membership of the House, the Independent National Electoral
Commission declared their seats vacant last Saturday and, according to
reports, it is about to conduct by-elections into those seats any time from
now. If that happens, then the legislative gang of six or eight out of an
original membership of 24 might just be able to pull the job through. In
other words, both Fayose and Dariye may as well be contemplating life after
government house.
That may be good but at what cost? None can say exactly for now. What we can
say is that we have set up a chain reaction whose end is anybody's guess. As
for me, I have no doubt at all about the guilt of the two governors in
question. But that cannot obviate the terrible dilemma we face. Why can't
the system work the way it was envisioned, smoothly and efficiently? Why
must we have to use illegal and unconstitutional means to achieve otherwise
noble ends?
These are the perplexing demons we must exorcise if we are to survive for
long, first as a nation, and then as a democracy.
One of the things we least appreciate is the human element in all democratic
projects. If the human element isn't right, then democracy becomes one huge
folly. That is what is at the root of our current impeachment saga. Framers
of the constitution envisaged, in line with proper democratic practice, that
only a particular kind of people will ever get elected as lawmakers,
governors and presidents. And at any rate, if there was any mistake in the
matter, the institutions of democracy will make amends.
It hasn't quite happened that way in Nigeria. Instead of serving as checks,
we have seen legislators that are merely accomplices to executive roguery.
And instead of serving due process and rule of law, we have seen judges
murdering these twin pillars of democracy and social order without any
compunction.
In the midst of this miasma, I can feel intensely the exasperation and
frustration of men like Nuhu Ribadu watching those pillaging the public
treasury, using the very apparel of due process, rule of law and
constitutionality, meant to protect the innocent, as a shield to cover
themselves from their just dessert.
At such agonising moments, it is tempting to adopt the same unwholesome
tactics being used by the felons to get at them, which is what Ekiti and
Plateau are all about. Such temptation must be resisted for the simple
reason that the user is not only brought to the same moral level as the
felon, but it is fraught with dire consequences for all, both for the
innocent and the guilty.
At this democratic crossroads, we need to chew on the words of that judge
who admonished that more than any other time, the people should be on their
utmost guard when the government is well-intentioned and appears to be doing
good because everyone can see through a bad government that sets out to do
evil and oppose it immediately. But it is when a government sets out to do
good that the people let down their guards until the greatest harm has been
done.
That is already happening in the United States with the war on international
terrorism leading to Guantanamo Bay and the severing of suspects from
American soil and justice system to foreign countries for torture and
intimidation. And that is what we are witnessing in the war against
corruption in which unconsitutional and illegal weapons now constitute
impeachment arsenal. If our guards remain lowered for too long, it may spell
sunset for our battered democracy.