‘Collective National Interest Should Guide Granting Of Bail’

Banji Alabi

Banji Alabi, National Chairman of Ondo State Eminent Persons Group, a constitutional lawyer and fellow of Chartered Institute of Taxation of Nigeria, spoke with ABIODUN FANORO on federal government’s anti-corruption war. 

WHAT is your view on insinuations that President Muhammadu Buhari is becoming dictatorial over alleged disobedience of court orders?
As a lawyer, I believe the rule of law must guide every governmental action in a democratic society and no government action or objective can be too sacred to justify a violation of the rule of law.

However, the real question is whether as a matter of fact and law, the federal government and its agencies have violated any law, especially in the handling of the sensational cases of the former National Security Adviser (NSA), Col. Sambo Dasuki, and Nnamdi Kanu, the acclaimed leader of the Independent Indigenous People of Biafra (IPOB).

Anyone who understands how the legal process works and who is not up to a mischief understands that the allegation of disobedience of court order or illegal detention of the accused persons is baseless.

In the case of Dasuki, he was granted bail to travel out of jurisdiction for medical treatment. Subsequently, he was arrested for another offence other than the one in respect of which bail was granted.
In law, this subsequent arrest is not unlawful. An accused person can be arrested for any other offence he has committed on a different charge.

Granting of bail in respect of a particular charge does not give the accused person immunity from criminal prosecution and all its incidences in respect of any other offence.

The Economic and Financial Crimes Commission (EFCC) was very well within the law when it did this.
In Kanu’s case, he had been released on the ground that there was no longer a charge against him. Subsequently, however, a fresh charge of treasonable felony was preferred against him and it was proper to arrest him on the new charge.

It is important for us to get the facts right when we accuse the federal government of disobedience of court order.
Do you think the courts were right in granting them bail in the criminal cases?

The power to grant bail is an exercise of the discretion of the court. When the courts have acted based on materials submitted by parties and applicable principles of law, we assume they have acted judicially and judiciously.

I have ethical limitation in commenting on the correctness of the decision. However, we will like to see a significant improvement in how cases bordering on national security and corruption are treated.
In the eye of the public, there is probably no way we can explain why bail was granted to Dasuki to travel abroad for medical treatment. Some may even ask if there are no hospitals in Nigeria that could attend to his ailment.

Again, lawyers and courts have to show a higher standard of responsibility in matters of security, safety and the wellbeing of the Nigerian people.

The safety of the people is the supreme law. The survival of our nation supersedes the personal convenience of few individuals.
The public is watching the judiciary more keenly than ever. Judicial disposition must reflect the mood of society, so that judicial outcomes are not exposed to ridicule.

Since the advent of the civilian administration in 1999, there is a template for all the high profile corruption cases.
The accused is invited, arraigned, the lawyer will promptly apply for bail, the bail is immediately granted and speedily perfected, with the accused ordered to deposit his/her international passports.

Then the lawyers immediately bring an application for release of the deposited passport for medical trip abroad, and this application can be made uncountable times.

Upon being granted, an application is made to quash the charges…. Then it drags on until the case is dead and then the accused is free to live thereafter in stupendous wealth and luxury.
Those criticising Buhari today are the cronies of corrupt politicians and they don’t wish Nigeria well.
What is your take on the huge funds allegedly appropriated by the National Assembly to buy vehicles?

The economy of Nigeria is critically ill. There is hunger, deprivation and loss of jobs and unemployment statistics are on the rise. Most of the citizenry have lost their homes and dignities.

Yet, in the midst of these hard and trying times, members of the National Assembly, with their access to our treasury, continue to display affluence and unbridled profligacy in total contempt of the masses they profess to serve.

I cannot fathom why a National Assembly of the representatives of these hungry and hapless citizens can be discussing spending a dime on care, not to talk of such huge amount of money. It is more ridiculous that these people still get transportation allowance.

Nigeria cannot afford this profligacy. Being the National Assembly is not for money making. It is time Nigeria adopts a part-time legislature, so that only people with genuine interest will come forward to serve.

In 2010, the then governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi, said the National Assembly’s spending constituted 25 per cent of the overhead of the federal government budget.

The Economist revealed that Nigeria’s federal legislators, with a basic salary of $189,500.00 per annum (N30.6m), are the highest paid lawmakers in the world, taking into account the lawmakers’ basic salary as a ratio of the Gross Domestic Product (GDP) per person across the world.

According to the report, the basic salary (which excludes allowances) of a Nigerian lawmaker is 116 times the country’s GDP per person of $1,600.00.
Are you saying that members of the National Assembly are the only major drain on the economy?
No and far from that! There are so many other sources of waste that must be looked into.
I am happy that the President has accepted that there are many other areas of leakages he has vowed to block.
In January of 2012, a presidential committee on public service reform discovered that top government officials took home N1.126 trillion a year in salaries and allowances.

These public officers include 108 senators, who each make over $1.7m a year; the 360 members of the House of Representatives, each takes home over $1.2 million; each state governor collects an average of N200 million naira a month just as security vote. In a year, they each get N2.4 billion naira. So, our 36 governors take home N87 billion naira on security votes alone every year.

Add our 38 ministers and ministers of state, 100 plus heads of federal and state agencies, over 432 state commissioners, 774 local government area chairmen or caretakers, almost 10,000 councillors and you will understand where the N1.126 trillion goes.
This is part of the reason why 70 per cent of the country’s budget is allocated to re-current expenditure.
We are using a huge chunk of our resources to service just less than 1,000 people in a country of over 160 million people.
What are the implications of this expenditure pattern on the wellbeing of the citizens?

We are running the costliest democracy in the world. We can’t develop this way when we spend huge money to service a few people.
How will you get money for productive activities to expand the economy? An average Nigerian cannot access good medical care, good roads and other basic things of life when the politicians are smiling to the bank.

The federal government is spending over 80 per cent of the national budget on recurrent expenditure as result of our greedy politicians.
There is a potential for financial trouble and ruin for a state, when the largest part of its budget and revenue goes to the payment of salaries and compensations of government staff and personnel.

With so little percentage of total revenue allocated and invested on economic and job-generating projects and infrastructure, such as roads, healthcare facilities, schools and so on, the future economic and social outlook of the state is bleak.

These huge operating recurrent expenditures will certainly rob Buhari of revenues that could have been invested in laying the foundation of a good infrastructural network across the state that would have become a catalyst for growth and flourishing economies for generations to come.

So what is the way forward?
Democracy as practised in Nigeria will ruin Nigeria. We have to review this democracy. The cost of maintaining the lawmakers is outrageous. They earn all these money just for saying ‘aye’ or ‘nay’ at their meetings everyday.
Let us look at the plight of the average citizen today. What has he got to show for his or her life after 17 years of democracy? His or her economic situation is still dire.

The basic amenities that most people all over the world take for granted, such as electricity, clean water, nutrition, healthcare and gainful employment still elude him/her.

His income and day-to-day living needs are becoming harder and harder to achieve. As the late Fela Anikulapo-Kuti said, “suffering and smiling” ably described his/her situation.
What has the ordinary Nigerian failed to do that led us to this situation?

Frankly speaking, the average Nigerian is a situation of political fatigue and confusion. He is a trying situation, but surely this cup shall pass us bye. This old thing will pass away sooner than later.
Eventually, and as history has shown, the people of Nigeria would become more determined in their efforts to wrest control from the few and share in the wealth of the state.

And as they become more enlightened, optimistic and aware of their fundamental rights to the wealth and resources that the state has been abundantly blessed with, they will not only participate more enthusiastically and passionately in their choice of their leaders and rulers, but also vigorously fight for their God-given rights by choosing those leaders who have the right visions to bring them what they truly deserve- life, liberty and the opportunities to be the best they could be.