Sunny Amadi
It has not been the best of times for the Attorney General of the Federation, Abubakar Malami (SAN); not because he has been found wanting on his duties but that he appears to swim against the tide on probably one national issue or two. To his traducers, it doesn’t matter if he is right or wrong, but for standing against the crowd on issues, he is unjustly vilified.
Malami’s case is not helped by the fact that he is a stickler to the rule of law no matter where the tide takes him quite unlike what people will advocate to bridle the conscience and sound politically correct. He might not be a politician or that he decided not to bring politics to his official discharge of functions. He speaks from his heart and his deep appreciation of legal perspectives.
I honestly do not envy Malami, moreso in this perilous political times where crowd rather than correct interpretation matters, His case is further exacerbated by the fact that while he is still working for the progress of the President Muhammadu Buhari administration which he unwaveringly believes in, his colleagues have long started politicking for 2023; so sticking to good conscience has become an anathema for which reason he must be misunderstood even though what he says stands with the law and legal opinions.
A look at most recent examples might suffice. Malami was almost crucified when he opined that the James Ibori loot which Delta state pulled all plugs to frustrate its recovery should be used to execute federal projects and people started asking for his head on a platter. What they didn’t realise was that the federal government entered into agreements with host country of the loot who insisted that the money must not be re-looted and suggested they be tied to specific projects. If as the Chief Law Officer who spearheaded the recovery, he points out the clauses in the agreement for the return of such proceeds of crime, would that be too difficult to understand?
One can bet his life that if that money is returned to Delta State, it may find its way within a short time to the pocket from which it was returned to the federal government which would amount to a total loss to the populace, whereas putting it on well supervised projects would mean the country gaining what it had lost.
Some people have alleged that the federal government needed to push for the repatriation of over $65 billion loot which had been discovered but would blow hot and cold by insisting that the conditions for the return of such funds should be discountenanced with the one already recovered. If those countries realise that Nigeria agrees with them on how to protect the funds from suffering its previous fate, but repudiate in implementation, would such countries be willing to deal more with us given the open breach of agreements?
The other issue for which Malami is being harangued is that he opposed the manner the Southern governors approached the ban on open grazing. While the governors approached the issue from social perspectives, Malami in his thoroughbred way of looking at issues viewed it from legal prism and drew an analogy which was even bent in an opposite direction he would never have looked at the issue from. There was an outcry even from legal luminaries some of who have started watering the grounds for 2023 briefs and therefore looked ahead in terms of proceeds than legal arguments or how to solve the problems for rule of law to guide operations of the government.
When he likened ban on open grazing and movement of cattle through certain means, his only submission was that sticking to the position of the Southern governors was akin to their northern counterparts sitting in a conference room to insist on how trade within their states would proceed, insisting that such would be in violation of the fundamental rights of the traders. Next thing were treatises schooling him on areas never intended or covered by his position. Some even gave it ethnic coloration. Because he used spare parts as reference point, people started accusing him of targeting Igbo as if they are the only ones that sell spare parts.
What those that were vilifying Malami do not know is that he has many close Igbo confidants that he works with and those knowing him too closely would laugh his accusers to derision. Effectiveness, being cerebral and honest are beacons that Malami does not compromise but is race and colour blind; what should be the real meaning of detribalised. The only problem he appears to have now is being unjustly lumped together in the polarised Nigeria where his nationality is being heaped with all the blames which he is unjustly being given an unfair share of. Being taciturn and not given to garrulousness, he took the criticisms with equanimity and refused to join the fray. Looking at the reality instead of the street level reasoning that has become popular, Malami kept quiet.
That having gotten no traction to tar Malami, the issue of a secret Memo to the President advising him to suspend the constitution and elongate his tenure was brewed. They didn’t even let the dust settle on the other matters when they traduced him with the one that runs against his understanding and training. The worst is that upon all the noise, no one of his accusers has been able to make reference to any document or quote even a passage of the said memo. People just went from suspicion to condemnation without proof, forgetting that suspicion no matter how strong does not translate to fact. What type of aberration would make the custodian of rule of law to sabotage or dump it and for what reason?
The same people had also earlier alleged that he had political ambition of succeeding President Buhari or running as Vice President with another candidate. At the last check, that does not breach any part of the constitution even if it were to be true. He has however like is in his character, ignored such rumour mill. The pertinent question to ask is what do they gain by always taking him through the mills? Is it out of fear of his political pedigree of the pull him down syndrome as his clout may be threatening such minions behind the ugly mill?
Since anything that pertains his office has become grade A issues in Nigeria, it is no wonder that with the spat between the Presidency and Twitter which deleted president Buhari’s tweet on dealing with people disturbing and destroying valued assets of the country, it fell on Malami to handle the legal aspect. He therefore pledged to enforce the law which the government has put in place and that since Nigeria has banned Tweeter, anyone who violated that rule would have to face the laws of the land.
Some queried the legislation under which such offence would be charged which also betrays lack of knowledge on jurisprudence. He has a job to do and he will always throw in every commitment to it as he has always said. Those who violate the laws of the land when charged would have to let the court, not social media decide on such infractions.
From all indications, what his antagonists are aiming at is to distract him, not knowing that in the process, they have succeeded in popularising him the more.
In not too distant past, people were advocating for the creation of special courts and to try certain offenders which he has quietly done and scheme is on its trial stage but for the prostrate state of the judiciary which has been on strike.
When Malami said the real people working against restructuring were the governor, he was severely criticised but his vindication came not long afterwards as the judicial and legislative workers went on strike over an issue President Buhari had addressed through an executive order. Malami had said that the local government should be allowed to exercise its autonomy and receive their allocations on first line basis so that development could go to the grassroots but the governors who issued statements calling for restructuring are still running joint Local government accounts through which they take over allocations to the local councils, yet they come out in the open to shout restructuring
Malami could have chosen not to draw fire but he rather faces reality and speaks truth to power unlike those who would deal at night under the cover of darkness and mount the roof top to shout in the morning.
It is very clear that reforms enthroned by Malami are working and transforming the sector but those who want to always contradict him would rather look at imagined negatives and strive to tar him with their emotional shortcomings.
Maybe, the real issue might be that through the transparent methods he had automated in the judicial sector, he had closed the conduits through which the unscrupulous siphon resources with which they live large thereby drawing their ire to the extent that their accusations beggar belief. No doubt, it is more popular to take the well threaded path but only the courageous dare and make things change and as in this case, positively too.
––Engineer Sunny Amadi, a public analyst wrote from Port Harcourt.
