Femi Falana, human rights activist and president of the West African Bar Association (WABA) is reasonably convinced that a third-term tenure being canvassed for president Olusegun Obasanjo would not sail through, since, according to him, ? It?s going to be easier fighting for Obasanjo?s exit, than previous ones before him?.
Speaking with Saturday Sun, in an exclusive interview, the Lagos based-lawyer, however disclosed his apprehension; how to ensure that the incumbent occupant of the presidential villa is given an easy passage, to enable the civil society demand for accountability of his stewardship in 2007.
I?m convinced that, if Nigerians remain steadfast, it?s going to be easier fighting this battle than some of the previous battles in the past. We all owe it a duty to ensure that Mr. President doesn?t commit suicide, having undertaken to die. We must ensure that he retires peacefully, before answering questions about the activities of his eight years in office in 2007.
His Privatisation exercise has given away our collective patrimony to people of dubious background in the name of core investors. Those who say Obasanjo is indispensable are insulting the collective intelligence of Nigerians. They talk about continuity. Continuity of what? Continuity of unemployment, of insecurity of lives and property and continuity of the manipulation of the constitution and the laws of the country and continuity of total disregard of the Appropriation Act of the national budget, which is never implemented. Continuity of course, of the disobedience to court orders and executive lawlessness.
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Entrenched interests of third-term advocates
I have surveyed those canvassing third-term and I?ve not seen anybody among the lots calling for third-term in the interest of Nigeria. Quite a number of them are going to be railroaded into jail if Obasanjo leaves power today.
One of them was in charge of the ministry of works for four years and Obasanjo himself cried out that the 300 billion naira allocated to that ministry for four years couldn?t be accounted for because he was ashamed of the state-of-our roads.
Another front liner has just been indicted in the ports, because under his chairmanship of the Nigeria ports Authority, Nigeria lost about N85 billion. I know one governor who?s also in the forefront of the dangerous campaign who has been indicted by the State Security Services (S.S.S) for killing innocent people in his own state and for looting the treasury of his state. Just go and look at their background.
Even Senator Mantu needs Obasanjo to ward off his recall by his constituency. Or what do you say of those boys who have profited from the dislocation of the economy in the last six-to-seven years who are now campaigning for third term so that they can continue to operate in an atmosphere of illegality and immorality. These are sharks who have been licensed to import all manners of goods into the country, who have been given concession at the ports. They call themselves captains of industry without manufacturing a single pin. So, they want a continuity.
There are still progressive elements in the National Assembly
?We know there are still some of them mobilizing to shatter the dream of Obasanjo?s boys. That?s not to say, however, that the Obasanjo regime that is so desperate to foist his agenda on them would be civilized to allow democracy to reign supreme.
In the last few weeks, anti-third term campaigners in the civil society have been arrested, charged to court, some meetings have been disrupted. The security agents, the police and the State Security Services (S.S.S) in particular have been fully mobilized to deal with Nigerians who are opposed to the third term agenda.
It will, therefore, be fool-hardy to think that proper election will be conducted in the National Assembly, it?s likely to be a shouting match. The regime knows that as at today, it cant win, hence it hasn?t taken the bill to the National Assembly.
The regime knows it can?t win hence attempts are being made to bribe legislators. Those who are recalcitrant, are having their accounts investigated by the S.S.S. They?re going to be blackmailed, they?re going to be coerced, they?re going to be ridiculed. But with the solid support of the Nigerian people, they should maintain their stand and be counted on the side of victory. After they have put in their best and if they still fail at the end of the day, the battle will be taken to a higher level.
I remain reasonably convinced that the agenda will not sail through. There are many reasons why it will not succeed.
Reason for N.B.A
courts boycott
?It should be recalled that the first and the last time that the Nigerian Bar Association engaged in boycott was in June 1989, to protest the flagrant disobedience of court order by the Babangida military junta.
After that successful boycott, we never thought in our wildest imagination that under a democratic dispensation ,Nigerian lawyers, or anywhere in Africa would be compelled to embark on boycott of courts under a supposed democratic dispensation.
It was a painful memory of the wave of executive lawlessness that characterised military rule in Nigeria. It was more painful that we?ve to return to the trenches under a regime that purports to operate under the rule of law.
Lessons of boycott
Having regards to the events of the last two days, the Nigerian Bar Association has to taught Nigerians and the government in power a few lessons.
The first is that we are determined to defend the rule of law. When you?re talking about the defence of the rule of law it transcends the narrow ambit of obedience to court order. It?s the totality of constitutional democracy:
certainty in the courts, equality before the law and of course, you?re expecting that no matter how high you are, the law is higher than you.
The second lesson is that Nigerian lawyers are no longer going to tolerate the provocative contempt with which orders of courts are treated by the government of the day. When a government that rules by the law disregards the court, pooh-poohs lis the court pronouncements such a government is inviting anarchy and chaos.
Thirdly, we?re convinced beyond any shadow of doubt that Nigerians have not been defeated. Another lesson thought was that in the struggle for the consolidation of democracy, in the struggle for the observance of the rule of law, Nigerian lawyers aren?t prepared to be divided along primordial sentiments, hence the complete boycotts across the country.
We appreciate the concern of those who feel we?re
behaving like trade unions
?Care must be taken so that we don?t become unconscious defenders of a lawless, dictatorial regime. When we were being messed up by the military, some of us suggested that lawyers who served the military as Attorney Generals should be black listed. We went that far.
If Nigerians fought for the restoration of democracy which entails the rule-of-law and they?re being messed up by government that swore to defend the rule of law, to observe the provisions of the constitution and obeys the orders of court. If lawyers simply turned the other eye while the country is sliding into anarchy, we would all live to regret it.
If the only way to draw attention to the growing wave of executive lawlessness is to enjoin my colleagues to withdrew their service from the courts for the days, that hasn?t in any way transformed the Bar Association into a trade union. Unless people are saying it only trade union who agitates for social justice, observance of the rule of law and for progress in their country.
For the past six years, even when the present Attorney General was our president, in virtually all the communiqu?s he signed we expressed our concern over the flagrant disobedience of court orders by the government. This time around, lawyers felt enough was enough.
So, I appreciate the concern of those who feel we?re behaving like a trade union, but it must also be understood that the time has come for us as lawyers to show leadership in the country.
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