The Pen is mightier than the Gun!
Police in Lagos claim they are “under pressure” to release notorious kidnapping ringleader and armed robber Chukwudumeje George Onwuamadike (a.k.a. Evans) who was recently captured after a seven-year manhunt. The social media is replete with comparisons between his case and that of “freed” Senate President Bukola Saraki. There are indeed similarities between the two cases, […]
Police in Lagos claim they are “under pressure” to release notorious kidnapping ringleader and armed robber Chukwudumeje George Onwuamadike (a.k.a. Evans) who was recently captured after a seven-year manhunt. The social media is replete with comparisons between his case and that of “freed” Senate President Bukola Saraki. There are indeed similarities between the two cases, just as there are significant differences. Both men drew attention to themselves for allegedly owning assets above their legitimate income; both allegedly purchased properties abroad; and both allegedly had illegal foreign exchange dealings.
This is where the similarities end. The significant difference is that while Evans’s wealth came from a “successful” career in armed robbery and kidnapping, Saraki’s wealth allegedly came from false / anticipatory declaration of assets, collecting the Kwara State Governor’s salary for years after his tenure ended, and selling off government assets. Evans who has yet to be charged to Court is singing like a canary, confessing his crimes and begging for forgiveness. This is hardly surprising since his bloodshot eyes, scarred body, sombre demeanour, and emaciated physique would seem to indicate that in the process of his arrest and interrogation “hand meet am small”! While Evans was probably pelted left and right with slaps and blows, Saraki was merely pelted with financial scandals and litigation.
Explaining why Saraki was acquitted of all charges the Chairman of the Code of Conduct Tribunal (CCT) Danladi Umar said that the failure of the prosecution to invite the accused for interrogation was fatal to their case. Cynics have speculated that if Saraki had been “interrogated” in a similar manner to Evans he too would be singing like a canary right now! It’s important to remember that under Section 36 of our Constitution everyone is presumed innocent until found guilty in Court. Saraki hasn’t been convicted of any crime. Evans has confessed, he has not. All the pleas for Evans are simply an outpouring of general exasperation with the all too regular failure of anti-corruption prosecutions.
It’s often said that the law in Nigeria exists only to punish the poor because the rich and powerful are never found guilty. The CCT’s decision to uphold the “no case” submission made by Saraki’s defence team was indeed a peculiar one. The case appeared to be very straight forward. There were 48 documentary exhibits and clear evidence was presented with respect to bank transfers to foreign accounts; operation of foreign accounts; multiple salaries; fraudulent deposits; purchase of London properties; and receipt of salary from Kwara State and Federal Government simultaneously. The CCT has been derided by civil society.
One group called Citizens Action to take Back Nigeria (CATBAN) described their judgement as “bizarre, unfortunate, laughable…”. Many legal experts have also faulted the judgement on the grounds that the onus of proof in such cases lies on the defence not the prosecution. Furthermore, the general consensus is that when the defence makes a no case submission a Court can only discharge the accused, not acquit him. There may be more to the matter than meets the eye. It speaks volumes that a former Attorney-General of the Federation (AGF) led the defence team.
The current AGF Abubakar Malami is developing a reputation for ineffective and incompetent prosecution. Amongst his most scathing critics are members of the Presidential Advisory Committee Against corruption (PACAC), especially its Chairman Itse Sagay who is quoted as saying that Malami’s prosecution teams have not been “forthcoming in the fight against corruption”. Indeed, in Saraki’s case the prosecution Counsel was so inept that they amended the 18-count charges three times! Fighting to save a sullying reputation the AGF maintains that despite setbacks recorded in cases involving politically exposed people, the war against corruption is on course and shall be fought “resolutely, painstakingly, purposefully and determinedly”.
More to the point he said that those who are in a hurry to condemn should exercise patience because legal processes aren’t deemed to have been concluded until they terminate at the Supreme Court. It’s a sure bet that the last hasn’t been heard of Saraki’s matter since the Federal Government has filed a notice of appeal.
On his own part the Senate President claims to be unperturbed by the government’s decision to appeal. This should come as no surprise to anyone. In an Editorial dated Tuesday April 19th 2016 entitled “Saraki: Time to go” the Nation newspaper claimed that the Senate President is “notorious for a condemnable sense of entitlement”. More than a year later he is still sitting tight failing to realise that his clinging onto office has ceased to be a matter of hollow legalism.
The perception of muck and dirt around him doesn’t sit well with the head of any legislature. There is a growing sense of shame and despair at being a Nigerian. Just as Evans represents the depraved and despicable dregs of our society, so do many of our elected officials. The death penalty is prescribed for kidnaping and armed robbery which only affects the lives of families.
Unfortunately it isn’t prescribed for high-level corruption which affects the lives of whole communities. Evans is destined to find out that not only is the pen mightier than the sword, it’s also mightier than the gun!