THE IMPARTIAL OBSERVER
MATTERS OF THE MOMENT
The Rule of Law He Upended Catches Up with Aondoakaa
Hank Eso
Friday 8 October
2010
Aondoakaa’s fate is salutary and must serve as a warning to future political
appointees to the high and honored office of attorney general of the federation
and minister of justice and, indeed, to any high public office appointee in
Nigeria.
Those
who ride the tiger must dismount and, often, not without dire consequences. And
that has been the fate of Michael Aondoakaa,
Many Nigerians hold that of all the chief law officers who have held the
esteemed post of the AGF, Aondoakaa proved to be the most ineffective and the
one who seemed to understand his remit and the role least.
The job, as far as he was concerned, was all about bluster, bellicosity,
meddling, and no policy or substance. He simply politicised his office without
any qualms or apology. Some of his
actions, especially those relating to the orderly transfer of power, bordered on
near treason since they clearly sought to undermine the nation’s Constitution.
Aondoakaa’s disposition would have mattered little, except for the fact that it
undermined the effective implementation of extant statues, the rule of law and
the pursuit of justice in all its ramifications. His singular indifference to
the unbiased and unfettered pursuit of justice, meant that many scofflaws were
either uninvestigated or unapprehended, and those charged, unprosecuted.
In effect, as the chief law officer, he sanctioned the rise of impunity,
even if vicariously. Nothing could be more damaging to law and order. Moreover,
his actions unquestionably brought the legal profession of which he was a
ranking member and Senior Advocate of Nigeria (SAN) into disrepute.
It was hardly surprising, therefore, that after numerous complaints against
Aondoakaa by many Nigerians and Nigerian organizations, that action was finally
taken to strip him of his privileges of using the rank of Senior Advocate of
Nigeria (SAN) pending the conclusion of a formal investigation of his actions
while in office.
The sanction of Aondoakaa by his peers within privileges committee of the
Nigerian Bar Association, speaks power to the truth, as to the high integrity
threshold expected of anyone so privileged to be appointed the AGF.
Aondoakaa’s fate is salutary and must serve as a warning to future
political appointees to the high and honoured office of attorney general of the
federation and minister of justice and indeed, to any high public office
appointee in
Just as many well placed but ill-suited Nigerians in high offices, Mr.
Aondoakaa, might have walked away free without censure.
That has been our national pattern. While his being called to account for
his deeds while in office may seem a bit abnormal, it is indicative that
Nigerians can uphold the law when they wish and regardless of who is in the
dock. Personal accountability is an integral part of the good governance culture
we seek.
Credit must however go to those public watchdogs and NGOs, which continued to
press for such sanctions, well after Aondoakaa left office, mindful of the
enormity and the irreparable nature of the damage he had wrought on the office.
In the present instance, the petition written by Committee for the Defence of
Human Rights (CDHR) was particularly revelatory:
CDHR inter alia, charged Aondoakaa in broad terms, with the dereliction
of his duties and subjugation and impeding of the law.
More specially, CDHR alleged that as AGF, Aondoakaa engaged in actions
that amounted to, “lying and deception”,
“deliberate mis-interpretation, and
mis-application” of the law,
“incompetence”, “an inadequate knowledge of the law,” and wilfully using his
position as AGF to “emasculate the
anti-corruption institutions.”
In sum, he is charged with complicity in the obstruction of justice, an
accusation that also earned him a travel ban from the authorities in the
Unbeknown to many, Aondoakaa, albeit within his rights, had also engaged in a
crass show of disrespect for the Office of the President, when on re-assignment
to the special duties ministry within the Presidency, he refused to serve.
The import was that the AGF portfolio and nothing else, was his
preference, a point that overlooked the fact that all political appointees serve
at the pleasure of the president.
His action, indubitably, raises questions of his commitment to national service
and patriotism, but those are altogether matters for another day.
When Aondoakaa took office, his docket was full with many highbrow and sensitive
issues including unsolved political assassinations, corruption in high places
and scandals such as Halliburton and Siemens, which involved some high-placed
Nigerians. Many former governors had been indicted and awaiting trials. The case
of his assassinated predecessor, Chief Bola Ige, remained unsolved. He paid
attention to none of these but instead, elected to engage in shadowboxing with
the EFFCC, which had its clear mandate and remit outside his jurisdiction.
Here is my take:
Aondoakaa’s predicament offers a veritable lesson in political appointments.
What all these says, is that even with due respect to federal character and
rewarding party loyalists, absolute care and judgement must be exercised in
filling certain sensitive offices,
the position of the attorney
general of the federation and minister of justice, being one such post.
While the allegations against Aondoakaa are not baseless, he enjoys the
constitutional right of being innocent until proven guilty as charged. We fully
accord him that right and privilege. Nonetheless, he has to answer exhaustively
to the charges and the onus is on him to cooperate fully with those
investigating the charges preferred against him.
He should also learn from them and indeed, from his own travails, how to
effectively pursue due process and take firm and hardheaded decisions in the
public interest, regardless of the personalities involved.
With
neither anger nor partiality, until next time, keep the law, stay impartial, and
observe closely.
--------
Hank Eso
is a columnist for
Kwenu.com.
His observations on Nigerian, African and global politics and related issues,
has appeared in various print media, journals and internet-based sites
©
Hank Eso, 8 October 2010.
Email:
hankeso@aol.com