Opinion
Withdrawal Of Abacha’s Case Right Or Wrong?
The Attorney-General of the Federation, and Minister of Justice, Mohammed Bello Adoke, (SAN), last Wednesday withdrew the money laundry charges preferred against Mohammed Abacha, the eldest son of late military dictator, Sani Abacha.
Some Port Harcourt residents joined other citizens in other parts of the country to react to the federal government’s decision. They spoke to our chief correspondent, Calista Ezeaku. Our photographer, Dele Obinna captured their images.
Bar Bariyima Kokpan
Legally speaking, there is nothing wrong with the withdraw of that allegation. The government has the power to do that. But when you look at the action morally, it is wrong. It is a set back in the fight against corruption in the country and it will encourage other people to indulge in corrupt practices. I learnt the money involved runs into billions of naira and for the federal government to just suddenly withdraw the case without any reason, no condition. It’s somehow. I don’t know weather there are other consideration but in the best of my knowledge and what I read in the newspapers, no cogent reason was given for the decision.
The government is the persecutor, they have the facts, they have the evidence. So if at the end of the day they find out that if they proceed with the prosecution the likelihood of them getting a conviction is not there, government can go ahead to drop the charges.
You have to bear in mind that if the government continues with the charge and eventually he is discharged and acquitted he has a right against the government to sue for malicious prosecution. So, subject to the facts available to the federal government, I know, as a lawyer, that the Attorney General of the federation, even of the state has the right to withdraw a charge.
But as I said earlier, the considerations for the withdrawal of this allegation is not clear. If you are talking about plea bargaining, can we really say that was what transpired in this case. If there was plea bargain, I’m sure we will be aware. For instance there was plea bargain in Tafa Balogun’s case. There was plea bargain in Cecilia Iburu’s case. When there is plea bargain the accuser says, Ï am ready to forfeit so, so amount out of the money you are accusing me that I allegedly stole, while I keep the other one. And the government says if you can give us maybe 70% or 80%, we will forgive you.
In this case how much was he alleged to have laundered, how much is he refunding to the government? How much is he keeping? In the absence of all these explanations it is difficult to just come up to say they have refunded some money to the government. I just pray that it is not all about political consideration.
It gives an impression that the federal government is not determined to fight corruption. Even though the federal government may have her reasons, but the general impression is that government is not really serious to fight corruption. The effect is that people continue to think that you can do anything and get away with it.
Look at it from another angle. Look at the amount involved, consider that there are so many people languishing in our prisons perhaps for stealing handsets of N2,000.00. So the higher you go, the freeier you become. That’s why I started by saying that morally speaking the withdraw is wrong.
Mr Olubwayo Alex Olanrewaju (Banker)
For me I think it shows that we are not ready to fight corruption. In the first instance somebody is being charged for corruption and the same people that found him wanton are discharging that same person of that allegation. How did they come about it? For me I strongly feel we are not serious. We are not ready to take the bull by the horn. Both the ICPC, EFCC and all that are just joking. Our courts are in shambles. The verdicts they have these days, I don’t know how they come about them.
For me, that shouldn’t be. The guy has to face the music. There are serious allegations against him and he should not just be discharged like that. It doesn’t make sense. The judiciary really needs to sit up. They say judiciary is the last hope of the common man but right now, I don’t see any hope there. As a country, does it mean we cannot address this problem of corruption? Is corruption bigger than Nigeria? I don’t think so. I think the withdrawal of the money laundry case is not right at all. Human Right Organisations, National Orientation Agency really have to sensitise Nigerians on the evils of corruption, starting from the primary schools, Nigerians really need to be re-orientated.
Mr Nixon Madume(Public servant)
In my own view, the withdrawal of the case is wrong because he committed an offence and under normal circumstances, where the judiciary is working very well he should be prosecuted for it but because of one thing or the other, maybe because of the powers from the north or for political reasons they decided to pardon him. But I think it is a very wrong approach to our war against corruption. Most times people who were involved in crimes like that were set free and tomorrow we say we are fighting corruption while we cannot set example with the cases we have already. Sometimes I wonder how justifiable it is to punish people in the lower cadre in the society who commit one crime or the other while the people up there who commit greater offences are set free.
I don’t think other countries will take us serious when we say we are wagging war against corruption, in this country. I will advise that justice should always prevail, no matter who is involved.
Mr Beemene Tanee (journalist)
Well, the truth is that Nigeria is becoming very reluctant to respond to the imperatives of justice. For political reasons, this allegation has been withdrawn but there are fundamental issues that need to be addressed so that we cannot relapse into the insensitivities of the past. If we say that we are trying to review the country on the part of democracy, then there is need for people to be answerable for their misdeeds against people. And that draws us to the fact that at a time Abacha’s family was frontal in the Nigeria management and they misused it. But now they have given them political concession and they are trying to give them a soft landing when there are a lot of issues to be addressed. It’s like you are giving a blank cheque to public servants to loot that at the end of the day, nothing will happen.
Justice should not be selective. Any person that has been found wanton should be brought to book. At a point in time, Mohammed Abacha was more draconian than his father because of unfertile access to state resources. That was very wrong. And I want to call on the federal government to ensure that the fight against corruption is not selective and that every person that is found wanton should be properly investigated and brought to book according to the law.
This withdraw of money laundry case against Abacha’s son gives the impression that the fight against corruption in Nigeria is dismal. It is not a vibrant fight. The federal government is soft peddling but they say he who comes to equity must come with clean hands. You don’t expect to give some people soft landing while you direct your fight against maybe those you consider to be against the powers that be.
So, it is wrong. The federal government must be proactive in the fight against corruption by ensuring that every sector of the economy is sanitised.
Meanwhile, Abacha’s family should not be the only people in focus maybe because the patriarch is no longer there. All past leaders, Generals should be investigated. And all excesses in terms of mismanagement of funds should be properly addressed.
Mr Iheanyi Ezinwo (Publisher)
As a behavioral scientist, I don’t run into conclusions. It is only people who have some hidden agenda that will run into conclusions. Before a case is withdrawn, it presupposes that some discussions or agreements have taken place. You remember that even before Jonathan’s administration, we have had some cases of plea bargaining where somebody pleads guilty, returns some amount of money and he is allowed to go. I also read that Abacha’s family refunded millions of dollars to the federal government. It is possible that there have been some discussions, some agreements that if they refunded certain amount, he would be allowed to go, and some out of court settlements and decisions like that. So it is not just enough for somebody to say öh federal government has let this people go” and this and that. There must have been a reason. I read where federal government explained that Abacha’s family has refunded some money and that was the reason for withdrawing the case.
You see, a lot of people who are raising eye brows and shouting to the hilltops over whatever may have transpired, forget that Abacha was not the first and last head of state this country has had. There have been both civilian and military heads of state before Abacha and after him. And all of them took more than their fair share of our resources and many of them are still parading around and even condemning this decision. An situation where some will want to be talking about Abacha’s family because the man is late, I don’t think it is right. Abacha was not the only person who stole Nigeria’s money. Other former heads of state stole. They should go and recover it from them. Even some people who are in government today are busy stealing and they will be the first to raise alarm.
So I believe that is not the best way to move forward in this country. If we want to make progress the fight against corruption must be holistic weather you are dead or alive.
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