There is something disturbing about governance in this country, unlike civilized gatherings where power and authority, apart from ensuring security, are employed strictly for improving the society. Instead, in our own case, governance is misunderstood as the weapon for an Alfa and Omega to inflict his ‘bigmanism’ especially in terrorizing known or presumed political opponents and critics.

So far, except Lagos, this has been the pattern in virtually all the states since the 2007 elections, a political delinquency which exposes ignorance of purpose of power and authority if therefore there is even need for some government action, such need is lost on the public since state governments have earned a reputation of needless victimization of political opponents.

For some obvious reasons, we may ignore or even tolerate such actions, inactions or misactions of state governors. One, their conduct does not attract international attention. Second, most ex-governors, after office, lived to regret their misuse of power.

The same cannot or must not be said if the Nigerian Presidency, an office which should be taken for granted as a father-figure for every citizen. The Nigerian Presidency is too important and frighteningly powerful to be left alone without constant criticisms, some of them, admittedly unfair. Yet, the Nigerian President remains a servant of ordinary Nigerians. Voters and the governed. We pay him (Nigerian President) feed him, house him, transport him anywhere at home and abroad.

So far, we have not reached the stage of drafting candidates for the Nigerian presidency. Any willing aspirant offers himself more like an applicant for a post, more like servant. No such servant can therefore lord it over us without legitimate resistance.
Nasir El-Rufai and Nuhu Ribadu are controversial public office holders of the past, both because they courted controversy or because controversy was built round them. As Federal Capital Territory Minister and EFCC chairman under the Obasanjo regime, El-Rufai and Nuhu Ribadu respectively lost power and influence after Obasanjo years. Understandably but immaturely, the two men became openly bitter and frustrated.

Why? They both felt a sense of ingratitude by a man (Umaru Yar’Adua) who, on their (Rufai’s and Ribadu’s unsolicited) self-confession, they rigged into office in 2007. For that disgraceful and criminal self-confession alone, Ribadu and El-Rufai lost their integrity. Thereafter, all their criticisms against President Umaru Yar’Adua could not be altruistic.

Despite this weak and untenable position, El-Rufai and Nuhu Ribadu remain full-fledged Nigerians who must not and cannot be denied their constitutional rights. Yes, they are on the wanted list for alleged (repeat alleged) personal enrichment while in office. Despite this allegation, their correct and unassailable status is that they are criminal suspects. Only a court of law can pronounce them guilty. Until then, none of their constitutional rights should be withdrawn or even abridged.
This is exactly why it remains a big surprise that after so long, the Federal Government has not denied an alleged instruction from “above” not to issue new passports to both El-Rufai and Nuhu Ribadu. For the avoidance of doubt, the only “above” in this case is not God but Aso Rock, specifically, President Umaru Yar’Adua. He has no such power under our supreme document – Nigerian constitution.

By now, if the instruction to deny El-Rufai and Nuhu Ribadu their passports was not given or approved by President Umaru Yar’Adua, there would have been a denial. Last time, the then permanent secretary Federal Ministry of Education, Dr Adegoroye, delivered a speech at one federal university on behalf of the Visitor (President Yar’Adua) in which the permanent secretary rightly put the grand-standing lecturers in their place.
Against public service convention, Umaru Yar’Adua not only denied the speech and disowned the permanent secretary but also deployed him to another ministry, although still as a permanent secretary.

Should we assume that Umaru Yar’Adua did not instruct that El-Rufai and Nuhu Ribadu should not be issued new passports. In which case, whoever gave the instruction leaves the impression of fighting Umaru Yar’Adua’s cause. By all means, any such overzealous government official can revel in such eye service but not at the expense of the constitutional rights of a Nigerian citizen or outright disregard for if not ignorance of a settled point of law.

In denying El-Rufai and Nuhu Ribadu new passports, the authority is being illegally assumed that issuance of Nigerian passports is at the pleasure of either the government or the Nigerian president. In short, Nigerians can travel abroad (even if to Benin Republic) only if Yar’Adua approves such trips.
Rather, it is the constitutional right of every Nigerian to travel abroad at his chosen time, subject to the immigration requirements of the destination country. The right of every Nigerian to be issued a passport is even stronger when abroad to enable him return home or travel elsewhere.
The sincerity of Nigerian government in this row is suspect. There was the earlier explanation that Nuhu Ribadu, in his own case, could not obtain a new passport in London because at the time he applied, new booklets were either still being awaited from Abuja or the biodata approval was still to go through at Abuja or that Nuhu Ribadu was being inpatient to take his turn. These convenient but seemingly valid reasons were offered by Nigerian High Commissioner in London, Senator Tafida. What then suddenly happened to warrant the illegal and unconstitutional directive that Nuhu Ribadu, along with El-Rufai, should in fact, not be issued new passports?

It may be argued that it is clearly stated on our passport that “this passport remains the property of the government of the Federal Republic of Nigeria and may be withdrawn at any time.”
Meaning what? That any future Nigerian President can develop brain-wave and withdraw ex-president Umaru Yar’Adua’s passport? What is more, withdrawing a passport is even different from denying a Nigerian citizen the issuance of a new passport. Can any future Nigerian President for purely political reasons refuse to issue ex-President Umaru Yar’Adua a new passport?

Implicit in the notice of the possibility of withdrawing the passport must be a justifiable reason like using the valuable document for criminal transactions which even then, should or cannot be determined at the whims and caprice of a public office holder against critics/political opponents. The need or justification to withdraw Nigerian passport from any holder (Nigerian citizen), being a punitive measure must be pronounced by a law court. And in the only known case so far, a Nigerian federal appellate court has upheld the right of every Nigerian citizen to a passport. In effect, the purported right of the government to the ownership of the passport or its withdrawal from a Nigerian citizen has been nullified.

For now, the prospects of a future ex-President Umaru Yar’Adua being denied issuance of a new passport may appear amusing or impossible. What must be realized and now pre-empted is any possibility (a risk) inherent in any dangerous precedent. Our history is littered with unpredictable heads of governments at federal and state levels. Were the official security personnel of a sitting vice-president not unconstitutionally withdrawn at a stage in our history?
Unarguably, in their days in power, both Nasir El-Rufai and Nuhu Ribadu would have rationalized the denial of our passport to any of their regime’s critics. Today, they groan. Those around Umaru Yar’Adua should be far-sighted enough to learn that they too in future could be denied passports.
In any organized and law-abiding society, the arrogant claim of Nigerian government on ownership and right to withdraw the passport would have been amended to comply with the clear-cut judicial interpretation of the constitutional right of the Nigerian citizen to own a passport but also the illegality of government to deny such rights of the citizen.

Public office holders must cope with criticisms, some of them reckless. So what? This is not limited to Nigeria. Which British or American government will, for whatever reasons, deny a Briton or American born citizen the issuance of a passport?
President Yar’Adua must take the blame for this political pettiness. If El-Rufai and Nuhu Ribadu are wanted men, the more reason Nigerian government should not handicap them from traveling to any part of the world. Otherwise, how could the Interpol assist in arresting them?
The real issue is the very idea of authoritarianism. If we keep quiet or endorse this stupid action because Nuhu Ribadu and El-Rufai are those affected, it will, in future, be anybody’s turn to be denied passport.

Under Nigerian constitution and United Nations Convention, citizens all over the world have the right to travel, a right which is violated by the denial of a passport.
For now, Nuhu Ribadu and Nasir El-Rufai are not our problems. If Nigerians are sure of security, water supply, electricity, jobs for hundred of thousands of university graduates, who and who care about Nuhu Ribadu’s and El-Rufai’s denigration of the person of Umaru Yar’Adua? On the other hand, lack of these essentials in society raise national blood pressure everyday.

This should be noted. Denying Nuhu Ribadu and Nasir El-Rufai Nigerian passports can only attract public sympathy for them at home and enhance their international status. And contrary to poor miscalculations of the Federal Government, Nuhu Ribadu and Nasir El-Rufai cannot be stranded. While embittered, their strictures against both Federal Government and the person of Umaru Yar’Adua will be more blistering. Their credibility will earn them the status of victims of political oppression.

Down the line, the United Nations will issue then traveling certificates as is done for the underdogs of such circumstances. With such documents will come an immunity which will make it impossible for Interpol to arrest them.
As political refugees, both Nuhu Ribadu and Nasir El-Rufai will survive Umaru Yar’Adua’s tenure as President of Federal Republic of Nigeria. What would that have profited Umaru Yar’Adua?

Umaru Yar’Adua should issue Nuhu Ribadu and Nasir El-Rufai their passports today. The reward? A magnanimous statesman.
• This piece had been written before press publication that Yar’Adua knew nothing about denial of passport to El-Rufai and Ribadu.