Omes Ogedegbe, Esq. is the national Coordinator of the Conference for the Actualisation of Human Rights. In this interview with OBIRE ONAKEMU, he said President Buhari’s anti-corruption war is rubbing off negatively on the nation’s judicial institutions. In his view, it is a novel practice in Nigeria to try an accused person in absentia and that Rotimi Amaechi’s Minister of Transport call to cancel the Maritime University is ill-conceived among other national issues.

What is your view on the ongoing trial of Tompolo?

Nigeria’s political development since the emergence of Buhari’s anti-corruption war is negatively affecting the judicial institutions, which, if care is not taken, would have its credibility dragged in the mud. The EFCC now appears to be self-serving, especially when viewed from the perspective of the age-long rivalry between its prosecuting counsel in the person of Festus Keyamo, Esq. and Chief Government Ekpemupolo alias Tompolo.

Remember that Festus Keyamo had earlier raised an alarm as to an alleged threat on his life by Tompolo, in connection with his role in the Delta State local government chairmanship election. Keyamo had sent a petition to the then Inspector General of Police for the arrest and prosecution of Tompolo.

It is also common knowledge how Keyamo was on the other side of the divide on the controversy that trailed the groundbreaking of the EPZ project, with several paid advertorials addressed to the then President against the person of Tompolo by Festus Keyamo.

In view of this, the EFCC ought to have excused Festus Keyamo from the prosecution of Tompolo, as the process, having been laden with bias, cannot be devoid of grudges as is now the case. Tompolo has consistently insisted that he is being persecuted and that he was never served with any of the court summons or EFCC invitations.

In the celebrated case of Seven Up bottling Company & 2 Others V. Abiola and Sons bottling company Ltd., the Supreme Court was also in a terrible situation of bias raised by one of the parties and was of the view that with regards to various allegations of bias raised by one of the parties, it is difficult for any reasonable man to see justice in that case. For instance, if the court gave judgment in favour of Abiola, it would be regarded to be out of fear of the bias allegation and if it were to the contrary, it would also be regarded as out of fear.

The EFCC’s prosecution of Tompolo through the person of Festus Keyamo has amounted to being a judge in one’s own case, which the law abhors.

What is your opinion on his purported trial in absentia by EFCC?

It is a novel practice in Nigeria to try an accused person in absentia, as it gives an impression of desperation on the part of EFCC. Trial in absentia gives an impression of persecution as against prosecution. Nigerian law does not allow trial in absentia and if a court proceeds with its trial of an accused person in his/her absence, the court would be persuaded to also enforce the punishment in his absence, which would only succeed in ridiculing the system the more.
Is the EFCC acting on illegality and playing a political script?

The Gestapo-like manner the EFCC is going about the issue leads to only one logical conclusion of acting as a tool at the disposal of the political order. The conduct of the EFCC in declaring Tompolo wanted in less than 24 hours of the service of court summons on him is unlawful and vindictive. More so, as the processes were not served personally on Tompolo and rather than wait in the interest of justice for the court summon to get to him, even if the order by substitution was okayed by the court, it was hasty to have proceeded to declare Tompolo wanted. It was, to say the least, unlawful.

The entire drama is politically motivated, as Tompolo was in court with the EFCC over the N13b issue and till this date those in government with proper knowledge of the transaction such as the Bureau of Public Procurement were never invited. It’s terrible. While not holding brief for Tompolo, the N34b issue has no basis, as Tompolo was not signatory to any of the accounts.

Can this be said to be an abuse of court process?

Certainly. Whatever is done to the irritation of a party in court is an abuse of court process. The powers of the court were not judicially exercised and the aftermath of same, if not properly checkmated, will surely be a basis for anarchy, since it is a lawless state that breeds anarchy. More over, Tompolo has alleged that some people have taken advantage of the situation to wreak havoc in the Niger Delta region.

Some people are saying that Buhari’s anti-corruption war is targeted at the Ijaws…

I wouldn’t say the war is targeted at the Ijaws, although there is more wisdom in holding that opinion in view of the unmeritorious and scandalous statement credited to Rotimi Amaechi, calling for the outright cancellation of Maritime University after the structures have been completed. Anyway, this reveals the very terrible state of reasoning of the cabinet members of President Buhari’s administration, with the likes of Amaechi as ministers. Why don’t we scrap the Police force on the allegation of numberless crimes or even the EFCC upon the allegation of corruption against the immediate past chairman, with Keyamo in court frustrating his appearance before the National Assembly? If the alleged fraud committed through NIMASA is the deciding factor, then let’s also cancel office of the NSA to the President with the fraud already recorded through the office.

Do you foresee a return of full-scale militancy in the Niger Delta?

It is time government put an end to this war, because while claiming to fight corruption, government is giving the impression of vindictiveness. And if same is seen to be tilting only towards the Ijaw people, then there is sure to be anarchy. The Ijaws were not the only beneficiaries of the Jonathan’s administration, but as it stands now, virtually all Ijaws that occupied one position or the other have been invited for purposes of being arrested. And Amaechi’s reckless call for the cancellation of he Maritime University will no doubt make the people angry the more. The only way they can vent their anger is through the vandalisation of oil pipelines, as the logic is to disrupt the flow of their wealth to other regions, while same signals their exodus to penury.

How would you assess the progress made as per Project Nigeria?

The project is on a shaky state and drifting terribly towards anarchy than unity. We all supported the anti-corruption war, but if same means throwing away our laws and using the judiciary as a scapegoat, it is unfortunate. The government will lose our support, if it has chosen to destroy our constitution. While we concede that the older Buhari cannot completely deliver on the Nigeria project, but he ought to remain lawful. The main focus of the Buhari administration is the war against corruption. Therefore, its assessment must be based on the anti-corruption crusade, which thus far, is one step forward and several steps backward.

The Buhari administration is holding Nigerians to ransom with its anti-corruption crusade. While Nigerians will be glad if our stolen loot is recovered, our problems are beyond the crusade.
Do you agree with those insisting the implementation of the National Conference report is the way forward?

I do not concur with that agitation, as we have gone far past that stage. It would be recalled that the National confab was a follow up of the Obasanjo’s conference, which was inconclusive, as the Southern delegation left the confab in protest. The inconclusive deliberations adopted by Obasanjo can, therefore, not be the way out; neither can we rely on that of Jonathan’s, which never saw anything good in past confabs.

If past conferences were to be considered, the government should adopt the Henry Willink Commission report.
So far, do you see a reflection of the true change in Buhari’s administration and with regard to Niger Delta development?

On the Niger Delta development, Buhari’s administration must be reminded that the region continues to feed the nation. And the more the present administration continues to persecute and cancel already existing projects such as the Maritime University, the clearer it is in dramatising the injustice being meted out to the people under the present administration.

Do you have confidence in the leadership style?

The problem with Buhari’s administration is its sluggishness. The government is acting as if our entire problems, as a nation revolve round the $2.1billion issue. I am compelled to express fears over the leadership style of President Buhari.
What is the greatest change Nigerians need now?

That is for government to solidify those values that promote democracy, good governance and good neighbourliness. There are boundless opportunities for all Nigerians to be and to feel that they are part of the evolving political process and socio-economic advancement.

What is your advice for Tompolo? Should he honour the court and EFCC’s invitation?

As a Lawyer, I won’t be able to advise Tompolo differently as an order of court is valid until set outside. But Tompolo’s case is different and peculiar. Firstly, he demonstrated his belief in the rule of law, when upon the earlier allegation of the N13 billion fraud; he proceeded to drag the EFCC to court.

Again, Tompolo was served with an invitation dated November 24, 2015, to appear before the EFCC on November 25, 2015, by 10am.

How was the commission expecting Tompolo to receive the invitation, talk little of appearing in less than 24 hours, as the said invitation was not served personally on him?

When Tompolo was about to be declared wanted by the court, it was also brought to the court’s attention that the summon was served on Tompolo a day to the court sitting and same was not served on Tompolo personally, only for the court to ignore plea from the counsel representing the Ex-NiMASA D.G and proceeded to issue a warrant for his arrest. Let us always remember that it is a lawless state that breeds anarchy.

The desperation on the part of the actors has given the impression that upon Tompolo’s appearance before the commission, he would be subjected to the most crude sadism, especially with the recent hide and seek game being initiated by the EFCC, where individuals are confronted with their offences piece meal, despite the knowledge of same by the EFCC.

Even if Tompolo had appeared before the commission and was arraigned on allegation of the N13b fraud, it would have arrested him again on the allegation of N14b fraud recently manufactured by the Commission, when Tompolo was obviously not a signatory to any of the transactions. And when Tompolo continued to argue that he was never served with any of the court summons, whereas it is trite law that service of any process is a threshold issue, which robs the court of jurisdiction.

Therefore, the court order was in the first place a nullity. The other issue is whether Tompolo should appear as required by law to vacate same. But of what use is freedom, when the benefactor would be exposed to criminals, especially with the desperation in prosecution, which is now wearing the garb of persecution.

With the EFCC in a hurry to enforce a remand order, but in breach of release order, I want to fault Keyamo’s statement that Tompolo cannot be an outlaw in a lawful society. On the contrary, what difference would it make, if Tompolo were an outlaw in a lawless society? It is only in a lawful society that one is expected to be an outlaw. Tompolo is having a pending case in relation to the supposed N13b fraud. It is justice, therefore, that the EFCC must wait for the outcome of that suit. Tompolo has not been served with the process and is, therefore, justified not to appear, as there was no basis for the warrant in the first place. While I subscribe to the anti-corruption war, I am addicted to the law, as we cannot throw away our laws, while fighting corruption.