Comment
Onus Of Proof On The Tribunals
"You can find me guilty a thousand times and sentence me to a million years in jail, it still would not make the slightest difference to the fact that I am innocent". Much of it, of course, was bravado, and some of it was a cry of anguish from a cornered man who knew that all the cards were staked against him, some of it was skilled perform- ance from a who knew that he had to appeal to the people above the heads of his accusers and judges.
Alhaji Rimi had been refused the opportunity to make a mitigation statement because the Tribunal panel feared he would make a political statement, but then Rimi has been in many fights in his life and he found a way to make his speech all the same. He not only rejected the verdict of the panel, he told them that higher authorities than the panel would also pass their judgment. He suggested that the people, posterity, and God would pass their verdicts and it was clear that as far as Alhaji Rimi was concerned, such judgements would be different from that passed by the Military Tribunal.
It is impossible to say with any certainty what the verdict on Alhaji Rimi or any of the other Nigerian politicians by posterity and God will be, but it is now quite clear that the verdict of the people is that justice has nothing to do with the trials that are going on in the country.
The consensus is that those who are unlucky are those who have been jailed and that even the decision to prosecute or release somebody has not got very much to do with the commission of crimes.
The problem of course, arises from the secrecy that has surrounded the investigations and trials. The danger of these proceedings losing credibility with the public has been pointed out to the Federal Military Government on countless occasions but they have chosen to ignore it.
First of all, to start from the promise that everybody who participated in the administration of Nigeria between the years 1979 to 1983 is deemed guilty of crimes until he proves himself innocent is bound to be not only unjust, but to open the system to a lot of abuse.
Since the release of the 250 detainees on October 1, the questions and rumblings have become more pronounced. Since nobody knows on what basis people are found guilty, it is equally impossible to know on what basis people are found innocent.
It is not surprising, therefore, that some baffled citizens are saying that the entire investigation, trial, and sentencing procedure of the politicians is a charade.
When Alhaji Rimi defies the Tribunal that sentenced him to another 21 year term, people can't help but cheer him on. Under normal circumstances, a charge of corruption, especially laid against people who have held such high offices, should make the officials very shamefaced and contrite. Their families would share their disgrace and shame and yet, to a man, everybody who has been brought before the Military Tribunals has been defiant and has given the clear indication that he has been given a raw deal.
Obviously, if these politicians had been arraigned before the proper courts of the land and charged contravening the laws that they had sworn to defend, if they had not all been locked up until 'crimes' are found against them, the public would be against them no mat how defiant they are at their trials.
One doubts that a politician in such a position would dare challenge the findings of the court and he would appropriately conrite. But the Military Tribunals, by the very nature, do not lend themselves to the respect that everyone accords the proper courts. People are probably afraid of the Tribunals because of the awesome power that they wield but fear has never provided a reliable basis for upholding the law.
The citizens have thus been left the task of deciding themselves on an individual basis who the guilty ones and who are being jailed because they do not have friends in high places
In much the same way as the citizens are deciding why some people have been released and others are being held in jail.
Not everybody has the courage of Abubakar Rimi to the wit of Bakin Zuwo nor the analytical prowess of Ambrose Ali nor the dignity of Onabanjo, but all of them and those who have elected to keep silent when the sentencing circus is staged, have succeeded in denying the Military Tribunals all legitimacy. The consequent danger is that the necessary public disgrace that should accompany a conviction on corruption has been missing thus destroying further, the moral fabric of the society for, before very long people will lose any horror the might have for corruption when people regularly are see defying the verdicts.
In the end precisely because the public has not been convinced of the guilt of the jailed politicians, they will be back in public affairs at the first opportunity, their convictions, even the century length ones dismissed as a joke
The same thing can be said about those who have beer termed 'fugitives'. It is now obvious that their only crime is that they did not allow themselves to be locked up in Kirikiri prison. But even among this group, the FMG has demonstrated that their idea of guilt is in direct proportion to whether you challenge their authority or condemn the coup.
If you are a 'fugitive' and you keep quiet or send congratulatory messages to the military for overthrowing the constitutional government, then you can be given a 'amnesty' and everybody will forget about you, however, you challenge the military then every possible ruse will be used to get you into Kirikiri prison.
The Military Tribunals and by extension, the Federal Military Government have now been put on the defensive. It is now up to them to convince Nigeria that fairness and legality are considerations in their dealings with the politicians.
The onus of such proof rests firmly with Maj-Gen Muhammadu Buhari and his colleagues. A court that has no credibility with the public nor accused persons cannot dispense with justice.
