Posted by By Jide Ajani, Political Editor on
'Corruption, the most infallible symptom of constitutional liberty." Edward Gibbon, 1737 - 1794, a British historian, writing in The Decline and Fall of the Roman Empire.
'Corruption, the most infallible symptom of constitutional liberty."
Edward Gibbon, 1737 - 1794, a British historian, writing in The Decline and Fall of the Roman Empire.
Indeed, these are not good times for the First Family of Bayelsa State. Governor Diepreye Solomon Peter Alamieyeseigha has not settled his problems with the Metropolitan Police before his wife, Margaret was picked up only to be granted bail. She is also to return to the police in December. But what is getting clearer by the day is the fact that reprieve is nowhere in sight for the Alamieyeseighas. The implications of this are far-reaching both for the state and the Federal Government of Nigeria, over which Olusegun Obasanjo superintends as President. This report looks at the possible options for an embattled First Family and why it is increasingly becoming clearer that even without any influence from the Government of Nigeria, the long arm of Oyinbo law seems desperate to put the governor behind bars.
It would be quite tempting but outrightly misleading to claim that the Federal Government of Nigeria, specifically President Olusegun Obasanjo, directly influenced the arrest of Diepreye Solomon Peter Alamieyeseigha, the now embattled governor of Bayelsa State and the acclaimed governor general of the Ijaw nation. However, it would be a display of crass naivety to equally claim that the same Federal Government of Nigeria, and specifically President Obasanjo, does not have anything to do with what is presently playing out in London, where the Alamieyeseighas are going through the ordeal of their lives. Indeed, Governor Alamieyeseigha, who was said to have told a friend after surviving the rough and tumble of the Peoples Democratic Party, PDP, gubernatorial primaries, which made him the last PDP governorship candidate to be cleared for a second term, that that episode marked a battle of a life time. But had he known that some 20 months later, he would have the battle to last for generations on his hands because of the opprobrium which would flow forth from the present crisis confronting him.
For Obasanjo, who presents himself as Mr. Clean, he had one of two options before him once it was announced that Alamieyeseigha had been arrested in London by the Metropolitan Police.
First, he could have chosen to intervene on behalf of the governor. That way, he would have claimed to be saving a fellow citizen from embarrassing both himself and the nation. He would also be presenting himself as a president who has serious interests in and unalloyed commitment to the welfare of his people.
The other option, and one which those who claim to know Obasanjo say he would love to take, and is taking, is for him to abandon Alamieyeseigha to his fate. That is what an Obasanjo would do and is doing. For this, Obasanjo would claim to be doing so on solid ground. The most crucial question being asked by some people is: Did the federal government or Obasanjo put the one million pounds sterling found in his residence there? To achieve what?
At one of his private meetings with President George Bush of the United States of America, USA, Obasanjo was told in no unmistakable terms that his governors were stealing the country dry, that he, Obasanjo, was not doing enough to curtail the excesses of his governors because the funds being stolen from Nigeria kept finding their way abroad. Bush's charge came after the Joshua Dariye episode in London. For Obasanjo, who continues to present his administration as one which is combating corruption, this was a bitter pill.
But even before this charge from Bush, and following a meeting in 2003 between Britain's Prime Minister Tony Blair and Obasanjo, British and Nigerian law enforcement agencies have been cooperating more closely on investigations into embezzlement and money-laundering.
Therefore, it was no surprise when Bayo Ojo, Nigeria's Attorney General and Minister of Justice appeared at the Southwark Crown Court in London, venue of Alamieyeseigha's trial. He swore to an affidavit on behalf of the Federal Government of Nigeria viz:
'I am the Honourable Attorney-General and Minister of Justice of the Federal Republic of Nigeria. By virtue of section 150(1) of the Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to as the Constitution), I am the Chief Law Officer of the Nigerian Federation and a Minister of the Government of the Federation. By virtue of section 174 of the said constitution, I have the power to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created under any act of the National Assembly.
'To take over and continue any such criminal proceedings that may have been instituted by any other authority or power. To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.
'It is my belief that the Hon. Taford Ongolo who is the Attorney-General and Commissioner for Justice of Bayelsa State, is also an accomplice in the case against the governor. I can confirm that he is being investigated with other prominent Bayelsa State officials by the Economic and Financial Crimes Commission (EFCC) of Nigeria for money laundering activities. I can also confirm that this is a current on-going investigation within Nigeria being conducted by the EFCC.
'Further to my statement dated the 3rd November 2005, I would like to add that I have traveled to the United Kingdom and arrived on the 2nd November 2005. I have traveled here specifically to deal with the current case concerning Chief D. S. P. Alamieyeseigha.
'As an appointed officer of the Nigerian government, I would like to state that the government of Nigeria confirms that it is not imperative for the governor to return to Nigeria and we would wish for him to remain in the United Kingdom and stand trial."
What Weekend Vanguard has been able to piece together is that the main reason why the federal government insisted that Alamieyeseigha should stand trial in London has its roots in the meeting between Obasanjo and Bush where the latter accused the former of possible complicity in the looting of Nigeria by governors. And this is where Governor Dariye of Plateau State comes in.
And in fact, what may have been unknown to the camp of Alamieyeseigha is that the Metropolitan Police was also doing its job well. For instance, he's being charged under the Crime Proceeds Act. This is an Act used to try individuals who are in possession of sums of money that they can not successfully account for.
Last month, a crown prosecutor merely called reporters at the court house and told them that he had something important to say. He let it be known to that that late October morning, himself and his team were successful in procuring a judgment relating to the immunity claim of Governor Joshua Dariye of Plateau State. He said they had just gotten a judgement against Dariye which ruled that he, Dariye, had no immunity in London. His statement was brief but its weight was decipherable.
What this means is that the issue of immunity being pursued by Alamieyeseigha's camp may not hold water because of the precedent of the judgement against Dariye. The other leg is the affidavit of the Justice Minister, whose statement was confirmed by Dariye's action. Once Dariye was granted bail after his initial arrest in September last year, he flew to Nigeria and has since refused to return to London. Nobody can bundle Dariye to London. That is what men of the Crown Prosecution Service are also concerned about.
Ojo's affidavit continues:
'It is far more important for the governor to remain here and stand trial than return to Nigeria. The state of Bayelsa is being run perfectly well in the Governor's absence by the Deputy Governor, who is empowered by the Nigerian Constitution, with the same power as a governor.
'I would like to state that in view of the fact that the Governor would be entitled to immunity under section 308 of the Nigerian Constitution when he goes back to Nigeria, he may not be willing to return to the United Kingdom to stand trial. I believe this to be the case because there is nothing that anybody can do to force him to return to the United Kingdom once he sets foot on Nigerian soil. I am aware that the AG of Bayelsa State has indicated, he has a strong influence over the Governor and would do his utmost in order to make sure he returns to the United Kingdom. I wish to say that this is not correct as the AG of Bayelsa has no influence whatsoever on the Governor just like I have no influence over the President of the Federal Republic of Nigeria. Moreso, as the Governor could fire the AG of Bayelsa anytime he so wishes.
'I would also like to state that there is nobody within the state of Bayelsa who could make sure that the governor returns to the United Kingdom as the governor is the Chief Executive of the state and as such he determines whatever he wishes to do.
'Section 308 of the constitution merely restricts legal proceedings against a state governor whilst in office. The moment such a governor is out of office, such proceedings that have been hither to restricted can be brought against him or her. For the avoidance of doubt, this section is not intended to confer sovereign immunity on a governor. The only person that can lay claim to sovereign immunity is the president of the Federal Republic of Nigeria under the doctrine of sovereign immunity in International Law and duly accredited Nigerian Diplomats under the Vienna Convention. The restriction on legal proceedings against a serving President under Section 308 of the Constitution does not extend beyond the borders of Nigeria. A fortiori, a state governor cannot also enjoy the same outside Nigeria.
Section 305 of the constitution gives the President power to declare a state of emergency in any part of the Federation of Nigeria, including Bayelsa State if the situation so warrants. If the governor were truly sovereign in Bayelsa State, as being claimed by the Bayelsa State Attorney-General and Commissioner for Justice, then the same Constitution would not provide for the president to have the power or ability to intervene in the affairs of the governor's State or trump the governor's powers. Moreover, the state has continued to function for the last month and a half, successfully, without the governor being at the helm of affairs.
'Corruption, money laundering and the proceeds thereof have continued to be significant issues being addressed by the Nigerian Government over the past six years. Both crimes are regarded as serious enough to undermine the Nigerian economy and the very existence of the society.
'Since the arrest of the governor in September 2005, the deputy governor who is empowered by the constitution to so do, has continued to act for the governor and run the day-to-day affairs of Bayelsa State. As a result of the governor's arrest, salaries of workers in the civil service are being paid promptly, obligations to third parties are being met and normal governance is being carried on in Bayelsa State.
'As the chief law officer for the Federal Republic of Nigeria, I know that the supplementary witness statement made by the Hon. Taford Ongolo is completely irrelevant to the current proceedings against the governor in the United Kingdom. I believe it is a calculated attempt to delay the trial against the governor."
Some people have been talking about a political solution to the present Alamieyeseigha saga.
The move by the federal government, in response to charges of complicity, may have foreclosed any opportunity for political solution. And in any case, political solution to what and how would it be done?
Would Obasanjo be expected to telephone Blair and request that the latter subvert the judicial system of his country? But Blair is having his own battles with his House of Commons over anti-terror law. And were he not even having any problems of his own, the judicial system in Britain does not suffer interference in the Nigeria context.
Or would he be expected to go to Britain and request that Alamieyeseigha be handed over to him so he, Obasanjo, can handle the matter in Nigeria?
Meanwhile, Alamieyeseigha himself may have been spared this harrowing experience had political leaders from his home state of Bayelsa had their way Sunday, December 15, 2002. Then, at the height of the topsy turvy which characterised the PDP primaries, some leaders from Bayelsa State had paid a visit to Obasanjo requesting that the party should endeavour tom thwart Alamieyeseigha's every effort to seek re-election on its platform. They were aggrieved, according to them, because the governor had allegedly brought the state to ruins.
In fact, in September 2003, President Obasanjo had to order that any Irrevocable Standing Payment Order, ISPO, not sanctioned by him, should not be honoured by the Office of the Accountant General of the Federation. This was one of the fallouts of the meeting of the Bayelsa leaders with Obasanjo. They had alleged that the state governors were using the ISPO to swindle their states. They alleged that one of such ISPOs had seen their state pay a whopping N12 billion. That the sum of N12 billion had been allegedly paid back to the bank was not the issue. It was that the said money which reportedly came in the form of a loan from the bank to the state was a mere N2 billion. With deductions of N750 million every month from the period stipulated in the ISPO, the deductions, as at the time the leaders met Obasanjo, had allegedly risen to N12 billion.
The following day, a Monday, December 16, Obasanjo, who operates with a combination of a high sense of moral inclination but an obtuse political technique, did not mind the fact that he would be needing votes from the Bayelsa governor at his party's presidential primaries some two weeks away, simply sent for the Accountant General of the Federation, ACF, J. Kayode Naiyeju . Obasanjo wanted to confirm whether or not there was such a thing called ISPO to which some state governors had committed their states. Naiyeju answered in the affirmative. President Obasanjo became livid with anger. He flew into a rage. Immediately, he ordered the stoppage of such deductions.