By Amanze Obi
I am aware that the Attorney General and Minister of Justice, Abubakar Malami, is being criticized in certain circles for conducts that certain people consider less than satisfactory. He is, primarily, being derided for the prolonged detention of certain citizens whom the Muhammadu Buhari administration arrested for certain acts that were considered injurious to the health of the government and safety of the federation. Here, the cases of the former National Security Adviser, Col. Sambo Dasuki (rtd.), and the leader of the Islamic Movement of Nigeria, Sheik Ibrahim El-Zakzaky , readily come to mind.
Let us note, for purposes of clarification and elucidation, that the office of the Attorney General of the Federation (AGF) and Minister of Justice is primarily concerned with bringing cases before the judiciary that are initiated or assumed by the government. As the Chief Law Officer of the federation, the AGF has the responsibility for advising the government on legal matters and representing the government in such matters. This is the ideal situation. However, the extent to which this can translate to practicality depends a great deal on the president. In the case of Dasuki, for instance, we will be side-stepping the basic undercurrent of the matter if we make Malami the issue. Everybody knows where Buhari stands on Dasuki’s matter.
The two retired army officers have a long history of animosity trailing their relationship. This was to translate into vendetta when Buhari found himself in a position where he could get even with his age-old adversary. As the AGF, Malami certainly has the responsibility to get the president to follow and obey the rule of law in matters such as Dasuki’s. But we also know the president we have in Buhari. My assumption here is that Malami may have done his level best. But the buck has to stop at the president’s table. Therefore, if we are looking for anyone to blame for any infraction, we should look in the direction of the ultimate decision maker who, in this case, is the president. The same thing is true of El-Zakzaky’s case. The issue here borders on religious politics. You need to be initiated or properly schooled in sectional religious intrigues to be able to appreciate and understand the politics behind El-Zakzaky’s detention. While we continue to insist that government should obey court judgements in these matters, I remain more inclined to locate the blame where it truly belongs. All that the AGF needs to do here is to continue to work on Mr. President with a view to getting him to respect the pronouncement of the courts on this and other high profile matters. While we await to see a shining light at the end of the long, dark tunnel, it should be noted that Malami as the AGF is being tackled from another prism. Here, the anti-corruption war of the Buhari administration is the focus. The weakest link of the anti-graft war so far has remained the allegation that the war is selective. That it is being targeted at certain persons or interests. This charge is what Malami is faced with lately.
But the AGF has stepped out to say that the anti-corruption war of the present administration is non-discriminatory, impartial and objective. In saying this, he has pointed to the fact that bigwigs in the ruling All Progressives Congress are being brought to justice just like their counterparts in the main opposition Peoples Democratic Party, among others. The charge against Malami has since taken on a ding dong dimension. While some accuse him of abusing his office, others hold that he is being attacked because he is exposing corruption and the corrupt. I take more than a cursory interest in this aspect of the Malami battle or the battle against Malami. In doing this, I will give a thumbs-up for the AGF. My reason for this submission is simple enough. For being able to break into the sanctuary of Ibrahim Magu, the suspended chairman of the Economic and Financial Crimes Commission (EFCC), the AGF, Abubakar Malami, deserves commendation. He has dared to step in where others feared to tread.
Magu, we must recall, was recently arrested and detained for 10 days on allegations of corruption. At moment, a probe panel headed by Justice Ayo Salami has been set up to look into his activities as EFCC chairman. Magu’s probe came about as a result of a memo put up by Malami to the president detailing the former EFCC chairman’s alleged misdemeanours and malfeasance. Magu was alleged to have mishandled the loot recovered by the anti-graft agency while selling off some of the recovered property to his associates. Magu lost his exalted office on the strength of these allegations.
We must recall also that the story of Magu and the anti-corruption drive of the Buhari administration did not start today. It dates back to the 8th Senate. Then, Magu was engaged in a battle of nerves with the Senate led by Bukola Saraki. The Senate of the Saraki era did not trust Magu. They did not believe that he has a good moral standing to qualify him as the head of an anti-corruption agency. And so, the Senate refused to confirm him as chairman of EFCC. Magu did the job in acting capacity. At some point, his lack of confirmation became an issue for legal interpretation. Lawyers held divergent positions on the matter. While some held that Magu can continue as chairman in acting capacity, some others felt that he should be relieved of his position since he has failed to secure the necessary and needed confirmation from appropriate quarters. Magu’s position, as a matter of fact, remained tenuous owing to the damage inflicted on him by the Senate. That notwithstanding, Magu continued to survive on the job. Because he has survived in spite of the onslaught from the Senate, Magu at some point, he began to see himself as untouchable. That probably explained why he became so powerful. To emphasize how powerful, he had become, Magu even refused to submit himself to the authority and supervision of the AGF. The way it was then, it looked like no one could rein in Magu, except the president himself whose responsibility it certainly was not to supervise Magu’s operations directly.
But after all the show of power and strength, Magu was finally subdued. And this came through the masterstroke from Malami. In doing this, Malami could have been restrained and even constrained by the possible backlash Magu’s probe and exposition would have on the Buhari administration. But he shunned such sentiments. He felt that it was better to hunt down the big masquerade than allow him to give the government a bad name. The way we operate in this country, Malami could conveniently have turned a blind eye to Magu’s misdemeanours. But he chose to strike without minding whose ox is gored. It takes courage for Malami to have done what he did. I commend him for his courage and assertiveness. By this action, if Malami says that the anti-corruption fight of the present administration is non-discriminatory as he has already declared, he will have a good ground on which to rest his case. The Magu issue is that good ground. I agree with him that the probe of Magu is a plus for the Buhari administration.
Dr. Obi writes from Lagos