Nigeria is slipping into tyranny. Blackmail and intimidation have become official state policy. To save Nigeria we must stop thinking like APC or PDP, we must stop thinking like Northerners , Easterners or Westerners, we must stop thinking like Christians or Muslims, but act as Nigerians and lovers of democracy.
The only thing that will save us now is a concerted, collective commitment to the constitution’s principles of limited government and separation of power-a system of checks and balances, and a recognition that they—the president, the National Assembly, the courts, the military, the police, the customs, the technocrats, and plutocrats and bureaucrats—work for us.
According to Rand in one of his works , “A free society—like any other human product—cannot be achieved by random means, by mere wishing or by the leaders’ good intentions.” A complex legal system, based on objectively valid principles, is required to make a society free and to keep it free—a system that does not depend on the motives, the moral character, or the intentions of any given official, a system that leaves no opportunity, no legal loophole for the development of tyranny. The system of checks and balances was just such an achievement. And although certain contradictions in the constitution did leave a loophole for the growth of statism, the incomparable achievement was the concept of a constitution as a means of limiting and restricting the power of the government. Today, when a concerted effort is made to obliterate this point, it cannot be repeated too often that the constitution is a limitation on the government, not on private individuals–that it does not prescribe the conduct of private individuals, only the conduct of the government—that it is not a charter for government power, but a charter of the citizens’ protection against the government’.
The list of abuses being perpetrated against the Nigerian people by their government is growing rapidly.
We are approaching critical mass and it may already be too late to save our republic. We have passed the point of easy fixes. When the president and his agents no longer respect other organs of government , no longer respect the rule of law—the constitution—or believe that it applies to them, then the very contract on which this relationship is based becomes invalid.
Look to the past if you want to understand the future. Too often, we look to the past to understand how tyrants come to power: the rise and fall of the Roman Empire; Hitler’s transformation of Germany into a Nazi state; the witch hunt tactics of the McCarthy Era. Is the Buhari regime on its way to a full blown tyranny?
In any society; small or large, simple or complex, there are rules and regulations that ensure the smooth operation of such a society. Rules give the society direction, value and a sense of purposeful existence, regardless of its size. Unfortunately, as we have rules, we have rule breakers and those who believe they are above the law; The Untouchables- who can’t be reached by the long arm of the law, no matter how long.
In Nigeria, the list of untouchables are growing and on top of the pyramid is Hameed Ali, a retired Colonel, who President Muhammadu Buhari appointed to head the Nigerian Customs. It was said that on his resumption in 2016, he went into his office at the Customs headquarters without the knowledge of the Acting Comptroller General, and left in less than an hour without the required formal introduction. Ali’s leadership style has put him on collision with the Senate and even more interesting is his vehement refusal to wear the Customs Service uniform, despite the insistence of the Senate – an act that has baffled many. One would think there is a constitutional backing to this stance, but there isn’t.
The tension between the Senate and Ali became so bad, ultimately leading to the Senate asking for his resignation. But as expected, he is still sitting pretty good and protected by the president.
Ibrahim Magu is another interesting case study of individuals who seem to be above the law. Magu was appointed, Chairman of the EFCC after Lamorde resigned. It is speculated that it wasn’t pure merit that got him the job, as he was picked by Lamorde based on sentiment more than merit. When the time came for Magu to be confirmed as the new Chairman of the EFCC, the Senate rejected him. Later reports clarified that the DSS character report indicted him. In a 14- page letter addressed to both the Senate and the Presidency , the DSS claimed Magu would be a liability to the fight against corruption.
After the Senate first rejected Mr. Magu’s nomination, the president authorized the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to investigate the validity of the allegations. And acting on the feedback and advice by the attorney general, Vice-President Yemi Osinbajo and the Itse Sagay-led Anti-Corruption Advisory Council, Mr. Buhari wrote back to the Senate in January, re-nominating Mr. Magu and clearing him of any wrongdoing in respect of the allegations by the DSS.
Consequently, on the eve of Mr. Magu’s confirmation hearing following the second nomination, the DSS wrote the Senate reaffirming its position that Mr. Magu lacked integrity and should not be confirmed, brushing aside the clearance from the Presidency. Despite the rejection by the Senate Magu is still sitting pretty on his job like the Senate does not matter.
Babachir Lawal, the Secretary to the Government of The Federation is another such untouchable who has been found wanting. Babachir was accused of syphoning funds to the tune of 220 million naira meant for the Internally Displaced Persons.
The Senate investigated the matter and presenting the report, Shehu Sani, the Chairman of the adhoc committee on mounting humanitarian crisis in the North East, explained that the committee found out that Global Vision Engineering Limited, a company, with Mr. Lawal as Director, for instance, was awarded consultancy contract. Despite being an IT company, the firm got a job to clear grass in Yobe at N200 million, an obvious contravention of the provisions of Public Procurement Act and the Federal Government Financial Rules and Regulations pertaining to award of contracts. Although, Lawal resigned the directorship of the said company in September 2016, it is on record that he is a signatory to the accounts of the company. The Senate summoned Lawal, but he refused to honor the invitation, claiming all the allegations and supposed evidence was an attempt to rubbish his name.
Following this, the Senate President, sent word to the president, wondering why an appointee of the president would be rude to the Senate at a time President Buhari was seeking the hand of the legislature in fellowship in the interest of national development. The president sent word back to the Senate, saying Babachir should be given a fair hearing. The Senate obliged and invited Babachir Lawal to appear before it and clear his name; in response they got a letter from him, stating he had gone to court to challenge the invitation by the Senate.
However, in a turn-around of events, on the day of the hearing, The Special Adviser to the President on National Assembly (Senate), Senator Ita Enang, delivered another letter on behalf of Lawal, stating he would appear as requested, but he would need more time.
Why are the president’s men holding the National Assembly in contempt. Could this be the cabal we’ve been hearing about? Is this a new kind of Mafia cycle? Are these men the new untouchables? Will the final destruction of the judiciary and National Assembly led to the much feared one man rule in Nigeria.