An American
Constitutional Lawyer and author Bruce Fein, has written an open letter to
President Buhari which was published in Huffington post website. Read the interesting letter below.
Aso Rock, Abuja Nigeria
Dear President Buhari:
When you visited the United States Institute of Peace last July, you pledged that you would be "fair, just and scrupulously follow due process and the rule of law, as enshrined in [the Nigerian] constitution" in prosecuting corruption.
Such loftiness is laudable. As the Bible instructs in Amos 5:24: "[L]et justice roll down like waters, and righteousness like an ever-flowing stream."
But to be
just, the law must be evenhanded. It cannot, in the manner of Russian President
Vladimir Putin, be something that is given to punish your enemies and withheld
to favor your friends. If so, the law becomes an instrument of injustice
bearing earmarks of the wicked rather than the good.
In the United States ,
you declared a policy of "zero tolerance" against corruption. You
solicited weapons and other assistance from the United States government based on
that avowal. But were you sincere?
During your
election campaign, you promised widespread amnesty, not zero tolerance. You
elaborated: "Whoever that is indicted of corruption between 1999 to the
time of swearing-in would be pardoned. I am going to draw a line, anybody who
involved himself in corruption after I assume office, will face the
music."
After you
were inaugurated, however, you disowned your statement and declared you would
prosecute past ministers or other officials for corruption or fraud. And then
again you immediately hedged. You were reminded of your dubious past by former
Major General and President Ibrahim Badamasi Babangida, who succeeded your
military dictatorship. He released this statement:
"On
General Buhari, it is not in IBB's tradition to take up issues with his
colleague former President. But for the purpose of record, we are conversant
with General Buhari's so-called holier-than-thou attitude. He is a one-time
Minister of Petroleum and we have good records of his tenure as minister.
Secondly, he presided over the Petroleum Trust Fund, PTF, which records we also
have.
We
challenge him to come out with clean hands in those two portfolios he headed.
Or we will help him to expose his records of performance during those periods.
Those who live in glass houses should not throw stones. General Buhari should
be properly guided."
You then
swiftly backed off your zero tolerance policy because you would have been its
first casualty.
You
opportunistically announced that zero tolerance would be narrowed to the
predecessor administration of Goodluck Jonathan because to probe further would
be "a waste of time." That conclusion seems preposterous. In 2012,
the World Bank's ex-vice president for Africa ,
Oby Ezekwesili, estimated that a stupendous $400 billion in Nigerian oil
revenues had been stolen or misspent since independence in 1960. The lion's
share of that corruption spans far beyond the Jonathan administration.
Your zero
tolerance policy seems to come with a squint to avoid seeing culpability in
your political friends. A few examples are but the tip of the iceberg.
A Rivers State
judicial commission of inquiry found that N53 billion disappeared from the
Rivers State Reserve Fund under former governor Rotimi Amaechi. Former Lagos governor and head
of your campaign finance team Babatunde Fashola was accused ofsquandering N78
million of government money to upgrade his personal website. The EFCC has ignored
these corruption allegations, and you have given both promotions: the Ministry
of Transport to Mr. Amaechi, and the Ministry of Power, Works, and Housing to
Mr. Fashola.
In
contrast, you have played judge, jury, and prosecutor in the newspapers to convict
former PDP Petroleum Minister Diezani Alison-Madueke of corruption.
Is this
evenhanded justice?
United
States Supreme Court Justice Robert Jackson taught: "[T]here is no more
effective practical guaranty against arbitrary and unreasonable government than
to require that the principles of law which officials would impose upon a
minority must be imposed generally. Conversely, nothing opens the door to
arbitrary action so effectively as to allow those officials to pick and choose
only a few to whom they will apply legislation and thus to escape the political
retribution that might be visited upon them if larger numbers were
affected."
To
investigate or prosecute based on political affiliation or opinion also
violates Articles 2 and 7 of the Universal Declaration of Human Rights. It is
unworthy of a great nation like Nigeria .
Make the
hallmark of your administration justice, not retribution, and you may live for
the ages.
I am aUnited States
citizen and lawyer. I have no political standing in Nigeria . Some might argue that my
speaking about the administration of justice in Nigeria bespeaks impertinece. But
you chose to vist the United
States to solicit weapons and other
assistance from my government--a government of the people, by the people, for
the people. The United
States government represents me. What the United States
government does reflects on me. I thus have an interest in addressing the
actions of foreign governments that receive United States government aid.
I am a
Sunshine is
said to be the best of disinfectants.
Sincerely,
Bruce Fein
No comments:
Post a Comment