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Open Letter to Yar'Adua By Dawari Dan-Harry Nigeria’s poverty is due to corruption, lack of rule of law and no government. To fix these problems the President of Nigeria will first affirm openly and publicly that nobody is above the law in Nigeria; and the Constitution will immediately be amended to remove immunity granted to the President and Governors from prosecution while in office. You, the President, will also go from state capital to state capital educating Nigerians on the need for Nigeria to be a country of law and not a country of men. Today Nigeria is a country of men. The President and Governors in the USA do not have immunity from criminal prosecution while in office. Recently, the President of Israel was prosecuted for rape. If Nigeria is a democracy then democracy has to prevail. Democracy includes criminal persecution of any citizen of Nigeria that commits a crime. All Nigerians should be equal before the law including the President. Second, a new police force should be formed that will operate parallel to the present Nigerian police. Every recruit of the new police force will have a bachelor’s degree from a Nigerian University because only those who have lived in Nigeria all their lives understand Nigeria better and should have a greater stake in changing the country. The new police force will be trained in Nigeria by ex-police officers recruited from USA and Britain. The new police force members would be designated as police officers and shall have nothing to do with the present police and should be paid a minimum salary of $1000.00 a month. The new police will have a Director to be trained also by the same people who trained the new recruits. However, to ensure fairness and transparency an interim or transitional Director should come from Britain or USA. The present police force will be phased out gradually, but they will be given an opportunity to obtain a college degree if they do not have one, and to rejoin the new police force or change their career all paid for by the federal government. Every Nigerian knows that the present police force is not a crime fighting force. A Lebanese business man got killed in Port Harcourt on Thursday July 19, 2007 and the Rivers State Commissioner of Police said he was killed by armed robbers not militants. I ask: Would it have been better if he was killed by militants? His gate was blown open with dynamites and if he had called the police they would not have responded. This robbery and murder will never be solved by Nigerian police. The new police I have in mind would be at the scene in less than 3 minutes after they received a call. This is the swift and rapid response police force. If you have this type of police, you have a country. The implication of the death of the Lebanese business man is that Nigeria lost an investor and maybe three or more jobs. His employees after few months of no employment may join either the gang of militants or armed robbers. And there is no difference between armed robbers and militants; they are all the result of inequity in Nigeria. Third, the legal and court system is in desperate need for reform. You cannot have a crime fighting police force without an effective judicial system. Many of the Judges and Magistrates are corrupt, but above all the court system was created by the British and has not taken into consideration the increase in Nigerian population and corresponding increase in litigation or crime and the need for a speedy resolution of all cases before the courts. A simple litigation that is resolved in a USA judicial system within one year takes needlessly 4 to 7 seven years in Nigeria. This is unacceptable. The Nigerian courts need new trial Magistrates and Judges to be appointed. In every district, there should be a central court room where new cases are processed. The processing of new cases will include motions and bail hearings. Once these interlocutory hearings are exhausted a case will be sent to trial. Once a case is sent to trial it must continue to a conclusion without any adjournment except for holidays or real and verifiable emergency. I restate, the trial judges or magistrates will have on their plate the case they are trying and nothing more. The present system in which a Judge or Magistrate will have many cases on its plate on any given day is ridiculous and unacceptable. In addition, Judges and Magistrates would sit in their lobby waiting for a case and a court room to be assigned to them. A Judge or Magistrate can be moved from one district to another within a short notice any given day to try a case. All trial Judges and Magistrates should be graduates of Nigerian Universities and Law School with excellent grades in college. Every trial court room will have three Judges or three Magistrates trying a case. A fourth Judge or Magistrate on the bench will come from the old stock and will serve as advisers to the new Judges and Magistrates but will have no voting right. The trial Judges or Magistrates team should be reshuffled on a case by case basis. That is no permanent team of Judge or Magistrate. The opposing lawyers will have preemptive right to reject one Judge or Magistrate. A verdict would require two-thirds majority vote, and also the writing of majority and dissenting opinions if applicable. Appeal courts would require a minimum of five judges or higher number but odd number to break a tie. In addition to judicial reforms, the Federal and State governments should build new and modern prisons in every state capital because if Nigeria becomes a nation of law many Nigerians not ready to respect Nigerian laws will make prison their home. Reasonable efforts should be made to reform prisoners before releasing them back to society. Prisoners and those awaiting trial should be treated very humanly and should be provided good nutritious food but should not be allowed to bring in food from outside the prison. They should also wear the prescribed prison uniform. Prisoners and those awaiting trial should be allowed one visit per week and about three visits per week by their lawyers. They should be allowed no more than an hour telephone call every three days. The phone charges will be paid by the prisoner. Any person that puts himself or herself in a situation in which he has to be charged with a crime denies himself certain privileges such as frequent visitors and any type food he or she desires. You have to make people to a degree resent prison. Prison is a deterrent from committing in USA. Messr. Kalu, Dariye, Nnamani, Nyame, Turaki and Alamieyeseigha currently in jail awaiting trial should abide by the prison regulation. They made a choice by virtue of their propensity for crime hence, they denied themselves freedom that is accorded to law abiding Nigerians. Their crime has put millions of Nigerians in jeopardy and many cases death. The New York Times article of April 21, 2007 is an example of abuse of the people of Rivers State and Nigeria by Mr. Odili and I quote: “The Rivers State government, for example, had a budget of $1.3 billion in 2006, .... It includes transportation fees of $65,000 a day for the governor’s office; $10 million for catering, entertainment, gifts and souvenirs; and $38 million for two helicopters. Health services received $22 million.” High blood pressure (hypertension) and Diabetes is a major killer of Nigerians, and here is what a portion of Mr. Odili’s transportation budget could have done for the entire Nigeria. If Mr. Odili forgoes – (“transportation fees of $65,000 a day for the governor’s office”) transportation for two days, $130,000 will buy for every 1077 people (includes adult and children) in Nigeria not just in Rivers State, a portable blood pressures monitor and diabetes and cholesterol diagnosis machine at a cost of under $1000. Multiplying $65000 by 365 a days in a year equals $23,725,000. Multiply 1077 people by 10 equals 10770 people. 10770 people will be about 50% children. The population of Nigeria is 140 million dividing it by 10770 people equals 12999. This is the number of young school certificate holders you need to train as paramedics. These paramedics will be assigned precincts according to population count or estimate of 10770 people and will be given bicycles to go door to door in their respective precincts and screen the blood pressure of people 35 years and older or as determined by the heath ministry and also screen every body in their respective precinct for blood sugar and low density lipoprotein (LDL) and high density lipoprotein (HDL) level commonly referred to cholesterol. The paramedics will be paid a minimum salary of $100 per month or $1200 per annum. For 12999 paramedics that equals $15,598,800. If Mr. Odilli gave up a little bit of his transport charge and all of his - $10 million for catering, entertainment, gifts and souvenirs - we can save so many lives from avoidable heart attack and stroke. Almost every Nigerian knows someone that will benefit from this endeavor. Mr. President, it feels very good to save a life. If EFCC is indeed after corruption this article in New York Times is enough to indict Mr. Odili and send him to prison for the rest of his useful life. Mr. Odili by his own budget provided all the evidence to put him away. Mr. Odili and his family should also be forced to pay back to Rivers state every penny they stole. If Mr. Odili is a governor in USA he would have been jailed long ago and he would forfeit every asset of his and his family including the shirt on his back for prison uniform. EFCC cannot pick and choose who they should probe because they are supported by Nigerian tax payer’s money hence; they should go after everybody including Mr. Obasanjo. However wouldn’t it be good if Mr. Obasanjo is probed and cleared of any wrong doing? Is he happy working around with a cloud hanging over his head. Nobody should be above the law. Did you notice the phrase above “tax payer”? In Nigeria it is “oil money” hence, nobody’s money. Nobody’s money is every body’s money. You can now understand why the militants in Niger Delta are up in arms. Taking care of corruption now will take care of their problem, otherwise they would go on to be more menacing in the future than they are now. Oil production has been cut by 25% as a result of their activities. They can eventually bring Nigeria to her knees. Most people and companies in Nigeria do not pay taxes. You have to collect taxes, Mr. President. It seems to me that the EFCC are merely out for publicity. Mr. Alamieyeseigha should not have been allowed to go to Dubai for treatment. Mr. Alamieyeseigha had a gastric by pass surgery which is an elective procedure. He did not provide his victims in Bayelsa state good health care otherwise his treatment should have been done in his own state. On the other hand, I really do not like the idea of EFCC prosecuting these people. I would be comfortable if EFCC is under the justice department and Nigerian police and directed by a special prosecutor appointed by the president and confirmed by the senate. In fact each of those Governors should have a Special and Independent Prosecutor appointed by Justice Ministry and confirmed by senate to prosecute them. It seems to me that EFCC is picking and choosing who to prosecute. Above all it seems to me like the EFCC is a creation of Mr. Obasanjo for the purpose of witch-hunting his political opponents. I cannot understand how the EFCC can say that they have no plans to probe Mr. Obasanjo. Can the FBI say they have no plan to probe someone in USA? No! It is there job to probe every body. Punch of Tuesday July 24, 2007 wrote and I quote: “The Vice-President, Dr. Goodluck Jonathan, has held a secret meeting with the embattled former Governor of Bayelsa State, Chief Diepreye Alamieyeseigha.” Mr. Jonathan requested or ordered and EFCC delivered Mr. Alamieyeseigha to him in a secret location. Mr. Cheney, USA Vice President did not take a phone call from Mr. Libby, a beloved Chief of staff once he was charge for obstruction of justice and lying to Grand Jury, a felony. If Mr. Libby was in jail awaiting trial the FBI or USA marshals will never deliver Mr. Libby to Mr. Cheney for a visit. Mr. Alamieyeseigha jumped bail in Britain, hence if he sets foot in Britain today he will be convicted for jumping bail, a felony. Why will a sitting Vice President of Nigeria meet with him. This is wrong! This is wrong!! This is wrong!!! Mr. Nyame is promising to return the money he stole. Please note that in USA he will return all the money he stole and still get more than 50 years in jail. Mr. Dariye also jumped bail in Britain, hence if he sets foot in Britain today he will be convicted for jumping bail, a felony. Why will a Judge in Nigeria grant him bail given his history? This is wrong! This is wrong!! This is wrong!!! I believe his bail should be revoked immediately. Messr. Kalu, Dariye, Nnamani, Nyame, Turaki, Alamieyeseigha, the militants and the armed robbers are the same; they steal from the people of Nigeria. However the degree, severity and pain to Nigeria are highest with the governors. Please let every person that reads this letter, understand that the crime that these people committed is not a victimless crime - the victims are poor Nigerians. Granting them bail or sending any of them outside the country for medical treatment is victimizing Nigerians the second time. These governors should be prosecuted vigorously to serve as a deterrent to present governors. Also note that lack of prosecution for these classes of criminals emboldens the other low class of criminals that torment poor Nigerians every day. Only one thing deters crime: punishment. In Nigeria punishment for crime is almost non-existent. Every crime is easily resolved by offering bribe. I believe that Nigerians cannot see the effect of corruption on our society and we do not understand that we have no way out except to tackle corruption head on and eliminate it from our moral fiber. According to Time magazine you, Mr. Yar’Adua, received 26 million votes out of about 32 million votes cast. It reminds me of late Mr. Saddam Hussein type of election victory (Mr. Hussein was the only person on the ballot) than what one will expect in a democracy. However, you can work for change and go on to be Nigeria’s hero. If I am in your position I will call for another election that is fair and free. It will make you a hero to the world. There is pride in accomplishment, wining a free and fair election is an accomplishment. I believe that it is the right of all Nigerians to have and participate in a free and fair election. Rigging election is both mental and psychological abuse of the 140,000,000 inhabitants of Nigeria. Nigerian people will reap a huge dividend if you embark on the above reforms, and again, you, Mr. Yar’Adua, will be the Nigerian hero for generations to come. My next letter to you will focus on the problems with electricity in Nigeria and how to solve them. After electricity, I will focus on the dividends that would accrue as a result of eliminating corruption in Nigeria. Below is a list of my heroes. Mr. President who are your heroes? BOTSWANA GORVERNMENT Washington Post: Monday July 23, 2007 “The vast diamond reserves in this landlocked southern African nation have allowed Botswana's government to build a safety net unmatched on the continent, offering its 1.8 million citizens cradle-to-grave support for education and health care. And though it has one of the world's highest rates of HIV, with one in four adults infected, it has some of Africa's most celebrated programs to combat AIDS, including effective measures to prevent mothers from infecting their children during pregnancy and birth.” This is Botswana. Can this happen in Nigeria? KANO GORVERNMENT The government of Kano for taking mighty Pfizer to court hence, standing up for those innocent children that Pfizer allegedly used as guinea pigs. MR. GANI FAWEHIMI Mr. Gani Fawehimi for suing Ngozi Okonjo-Iwealla etc, on behalf of Nigeria. I thought something was wrong in paying her in dollars but did not know what it is. Mr. Gani Fawehimi again leads the way. MRS. MARY UDURU From BBC website link below http://news.bbc.co.uk/2/shared/spl/hi/picture_gallery/07/africa_roadside_chef/html/1.stm Mary Uduru is one of the many Nigerians struggling to live on less than $1 a day, despite the country's vast oil wealth. Some Nigerians hope their lives will be easier after April's elections. Mary works from dawn to dusk cooking and selling food on the roadside in the small central town of Makurdi. Her husband died when she was 26, leaving her to bring up her four children alone. She now cares for three of her grandchildren. “Every election, politicians promise to bring running water but never do. I have a low opinion of male politicians,” she says. “Life has got worse not better,” she says. “If I were president I’d create employment and really try and tackle our problems. “I sometimes dream that mine and other people’s suffering will end but our politicians don’t seem to do this.” “We are lucky if we get power for one hour a day.” Mrs. Mary Uduru in her own words! Mrs. Uduru is a widow. According to BBC she is now 50 years old. I believe she speaks for all Nigerians Mr. President, I hope you can see Nigeria through her words. I wish every Nigerian will join me and repeat after Mrs. Uduru “If I were President I’d create employment and really try and tackle our problems.” Every Nigerian that agrees with Mrs. Mary Uduru should write to the President, their Governor, Senator, Assembly person, local government Chairman and Councilor, Newspapers, radios and TV stations. Nobody’s problem is everybody’s problem.
Thanks,
Dawari Dan-Harry Providence, Rhode Island United States E-mail: danharry@yahoo.com
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