Saraki, truth and reconciliation

After winning elections most political parties concentrate on consolidating their base and expanding their territory. However since May the All Progressives Congress (APC) has busied itself dividing its base, alienating supporters, and attracting decamped “expired” former People’s Democratic Party (PDP) bigwigs seeking relevance in the new dispensation. Although the pace of governance is slow, the […]

After winning elections most political parties concentrate on consolidating their base and expanding their territory. However since May the All Progressives Congress (APC) has busied itself dividing its base, alienating supporters, and attracting decamped “expired” former People’s Democratic Party (PDP) bigwigs seeking relevance in the new dispensation. Although the pace of governance is slow, the Cabinet hasn’t been constituted and few serious policies are being implemented, there is no denying that the new ruling party has kept us all entertained with the Senate Presidency soap-opera.
The latest “episode” involves a Bench Warrant issued for the arrest of Bukola Saraki by the Code of Conduct Tribunal (CCT) after he failed to answer a 13-count criminal charge. He is accused of making a false declaration of assets in forms he filled while he serving as Governor of Kwara State, as well as allegedly acquiring assets beyond his legitimate earnings. The charges basically relate to ownership of properties in high-brow areas of Ikoyi in Lagos and Maitama in Abuja.
Prosecutors requested CCT Chairman Danladi Umar to order Saraki’s arrest because “he cannot sit in the comfort of his house and object to his trail in absentia”! The Senate President believes the trial is “an abuse of the rule of law and politically motivated” claiming the Tribunal is acting under influence and external pressure. Objecting to the nature of the charge, he obtained a ruling from Justice Ahmed Mohammed of the Abuja Division of the Federal High Court summoning CCT officials to appear before him and show causes why his trial should be allowed to proceed.
The issue has become predictably politicised.  Fifty Senators held a surreptitious meeting in support of Saraki and decided to “uphold the dignity of the Senate”. Now that the matter has been referred to the Court of Appeal, and is in three different Courts simultaneously, a clear direction is required from the Chief Justice of Nigeria (CJN), outlining the correct procedure and legal status of all parties. Pleas for the CCT to consider the accused’s position as the Senate President fell on deaf ears.
Umar insisted that having sworn to protect the Constitution, Saraki should have respected the Commission by appearing before it. Paradoxically in December 2013 Umar himself once refused to honour an invitation by a statutory body, the Economic and Financial Crimes Commission (EFCC). At the time he was being investigated for maladministration and corruption. Saraki claims he is ready to submit to due process but feels the manner in which the case was filed shows he won’t be given justice. He says he won’t do anything to undermine judicial processes and authority, but will act to protect his fundamental human rights. He appears convinced that his prosecution isn’t part of any war against corruption, but rather a case of using state institutions to fight political opponents. He reckons his enemies are seeking to remove him through back-door processes.
However many are of the opinion that since a criminal prosecution doesn’t imply guilt, he should go before the CCT if he has nothing to hide. Most Nigerians concur that this drama is less about what Saraki did as Governor and more about the way and manner in which he became Senate President. The Presidency denies having any hand in the matter, though the manner in which the presidential media team are eroding their credibility is disquieting. If Saraki’s allegations are correct, using the anti-corruption war to settle scores and fight perceived enemies is the worst form of corruption.
Although for many years he had immunity as Governor, it makes little sense for Saraki to be singled out after so long. Certainly as it stands, if he is guilty of any offense he should be punished, but in truth if we continue in this manner we shall forever be pursuing corrupt past leaders. Nigeria has been built on corruption in the same manner that South Africa was built on apartheid. There is a reason why after the abolition of apartheid, Nelson Mandela set up a Truth and Reconciliation Commission (TRC) rather than hunt down the guilty for punishment.
The TRC was a “restorative justice” body mandated to uncover the truth about the past. Given amnesty from civil or criminal prosecution, perpetrators of human rights abuses and other crimes freely gave public testimony. Despite flaws, the public hearings and emphasis on “restorative” rather than “retributive” justice, was successful. It was a crucial component of South Africa’s transition to full and free democracy.  The TRC exposed so many truths and brought positive political and economic effects. Naturally it had opponents who believe that justice is a prerequisite for reconciliation, rather than an alternative to it.
Undeniably restorative justice is similar to plea bargaining which largely favours the perpetrators, nevertheless truth must be addressed, it doesn’t disappear because it’s ignored. It’s time to establish a Corruption Truth and Reconciliation Commission (CTRC) as an essential part of the war against corruption. All the missing money can’t be recovered, but whatever the cost the Nigerian public has a right to know what happened and how it happened.
Major beneficiaries of corrupt practices are unlikely to testify, but those who aided and abetted them are. As for Bukola Saraki he should contemplate the paraphrased words of Jose Mujica who said it’s not the man who has too little that is poor, it’s the man who always craves more.