Sins of the Father: The Mugging of Mohammed Abacha

By

Dozie Ikem Ezeife, Esq.

ezeife@yahoo.com

 

The latest pre-occupation of some Nigerians is a hearty justification of the continued detention of Mohammed Abacha. Much as one may detest Sani Abacha and his offspring for the General’s kleptomania, if we claim to be advocates for a better Nigeria, we must speak out against injustice although our efforts benefit those we despise. An article credited to Abdulsalam Olatubosun Ajetunmobi in nigeriaworld.com entitled: Mohammed Abacha and breach of trust saddened me.

Mr. Ajetunmobi took the members of the Northern Senates Forum to task for calling on the Presidency to release Mohammed Abacha from prison. Mr. Ajetunmobi was unable to separate emotion from legality. He was unable to separate his angst with the Northern states for passing the infamous Sharia criminal legislation from the legality or otherwise of continuing to detain an innocent Nigeria. The backbone of the Nigerian criminal justice system, nay all other democratic systems around the world, is the notion that one is innocent unless proven guilty. The fact that people are asking the government to respect the constitutional rights of Mohammed Abacha does not mean that they are necessarily condoning his late father’s kleptomania. You cannot punish Mohammed Abacha because of his father’s misdeeds. You cannot also detain him without any pending criminal charge just to force him to abide by a civil contract he struck with the government. You do not enforce civil obligations with a criminal process. That is an abuse of the criminal process. It is the deprivation of civil rights of a citizen and also a criminal act. You cannot lay claims to the moral grounds by resorting to the same type of illegal acts that Sani Abacha is now infamous for. He had a reason for working outside the law and outside the bounds of common decency; he was a military dictator in a non-democratic military regime. What is Obasanjo’s reason for this unlawful arm-twisting exercise on Mohammed Abacha? By continuing to detain Mohammed after the apex court ruled that he should not stand trial for his alleged complicity in the murder of late Chief (Mrs.) Abiola, the federal government has shown itself as being the same as a Bakassi or OPC outfit. Self-help criminal process is not the domain of a legitimate government.

Mr. Ajetunmobi termed his “diagnosis” as grim. I beg to differ. His “diagnosis” is absurd, to put it most charitably. Having concluded at the outset that Mohammed Abacha was guilty of complicity in his father’s crimes, Ajetumobi embarked on a bizarre analysis of a duty of care. I suspect that Mr. Ajetumobi is not a lawyer and therefore does not know that duty of care (at least the way he defined it) is a civil and not a criminal concept. The consequences of a breach of a civil duty of care, is the award of civil monetary judgment and not criminal incarceration.

The problem we have in Nigeria today, especially amongst those of us that address issues affecting our polity, is that in our rush to pick a fight with a section of our society, we muddle up several issues that have no nexus with our target. It therefore makes it difficult for us to make the point that we set out in the first place to address. Mr. Ajetumobi is obviously upset with our brothers and sisters from the north. He is perhaps also not happy about the Sharia imbroglio. Rather than delve into the real cause of his anger, he uses Mohammed Abacha as a fodder or maybe a punching bag. If we can make an effort not to mix apples and oranges, we may be able to better present out points.

We should desist from convicting people “charged” with or “alleged” to have committed a crime on the pages of newspapers. It is unfair. If the government have concrete proof, such proof should be presented to the appropriate forum so that the accused can defend himself. Calling for the stoning of Mohammed Abacha because he was “confronted” with 121 charges of alleged financial crimes is utterly macabre. Mere accusation is not proof. It is certainly not a conviction. Mohammed Abacha has no obligation to prove his innocence. He is presumed innocent. The onus is on the Nigerian government to establish his guilt. Meanwhile, since the charges against him are not for capital crimes, he should be out on bail. The government has no right to continue to detain him after he was duly granted bail by the trial court.

 

Dozie Ikem Ezeife, Esq.

Attorney-At-Law

Oakland, California