“APC is now turning into a sanctuary for looters, because it is so obvious now that you can commit any acts of impunity…”
Kayode Ajulo, lawyer and rights activist is a former National Secretary of Labour Party (LP). He speaks on Executive Order 6 and others issues of interest.
What is your take on Executive Order 6?
It is overkill and whether you like it or not, we need to call a spade, a spade. It is usurpation of the rules of the power of the judiciary. Unfortunately, the Attorney General of the Federation who is a Senior Advocate of Nigeria is totally uninformed. He turned the law upside down. He cited two sections of the constitution; the first one, Section 5, and the second one, Section 18. These two sections have nothing to do with Executive Order. It would have been better if he had mentioned Section 3, and the sub-sections that followed it. The section 5 that was mentioned contained only one word
that is close to Executive Order, which is Executive Policy.
Policy is different from Order. Policy is so clear, but when it comes to Order, it comes with sanction, directives, what to do and what not to do. Order has a force of law on its own. For you to now rely on those sections to issue Executive Order is not correct. I believe we don’t need to interrogate the fundamentals of our constitution. That is why the Supreme Court, in several cases, particularly the cases of ICPC and Adebayo Adefarati, the former governor of Ondo State, say when it comes to interpreting the constitution, it must give it literary meaning, which means you should not infuse or read anything to it.
In our constitution, I am yet to see where it is specifically stated that this is how the Executive Order will be. Let’s even assume that is what it is. Two weeks ago, the High Court, when trying to give the legality of Executive Order, was even trying to reshape, to remodel the Executive Order by saying that in carrying out the Order, you must take recourse to the doctrine of the rule of law and separation of power. The separation of power means that every arms of government have their own function. When it comes to interpreting the law, it is the judiciary; when it comes to executing the law, it is the executive; and when it comes to making the law, it is the legislature. By doing this, it means that before you can give any Order, you still need to take recourse to the court. If you really want to ban anybody, it does not lie in your hands as an executive, you need to go to the court to say this is the reason.
If we are talking about seizure of properties, which is key in the Order, it is so clear in the ICPC Act, the EFCC Act and our Administration of Criminal Justice Act because provision was made for how you can seize or ask for the forfeiture of any property. Are you now saying that you are using that Order to override what has already been provided for in our laws? That is why you see that provisions are made in those Acts for interim forfeiture but now, where lies the position of interim forfeiture? I want to believe that gradually, Nigeria is getting to another form of dictatorship. This is a dress rehearsal to show that the government is moving to fascism.
Some Nigerians are saying that since majority of the alleged 50 prominent Nigerians on the Watch list are from the opposition, the Order is aimed at muzzling the PDP ahead of the 2019 general election. Do you share this sentiment?
It is very obvious in the sense that when you look at the list, we have the Babachir Lawals of this world; we also have many friends of government that have been indicted but who are not on the so called list? I am not a fan of Ayo Fayose, I am one of those that believe that a governor should not behave the way he behaved as governor, but the way he is being treated and hounded, is unfair. I have no problem with APC, but the way the party is being turned into the proverbial kingdom of heaven where once you run to it, you will be saved, is not helping our democracy.
APC is now turning into a sanctuary for looters, because it is so obvious now that you can commit any acts of impunity but once you come and raise the flag that you are a member of the ruling party, your sins are forgiven. APC to me seems like another form of immunity clause, which shouldn’t be. Look at the case of Kemi Adeosun, former Minister of Finance and Senator Ademola Adeleke, who was the governorship candidate of the PDP in the just concluded Osun election. They were both involved in certificate forgery issue but while Adeosun was allowed to travel out of the country, Adeleke was summoned by the Police for interrogation. How do you explain that? During the time of PDP, we spoke out against their ills and infamy, so I think we should be courageous enough to do the same with APC.
What do you make of 2019 general election?
For me, what happened in Osun is a pointer to what is to come. Today, we have over 90 political parties. Out of the 90, almost 40 to 50 have presidential candidates. In Osun State, the leading political parties happen to be PDP and APC, and at the end of the day, you can see what the likes of Omisore did. Omisore determined the outcome of that election. I am sure that given the circumstances, there will be a new election in Osun because a lady, Jumoke Lawoyin was unlawfully excluded from participating. We may not know what would happen; God does His things in His own way that marvels people. Now, we have the likes of Olusegun Mimiko contesting on the platform of Zenith Labour Party, we have Donald Duke of SDP, Omoyele Sowore and others. So, we may not tell now what may happen, maybe these ones I mentioned may spring surprises.
Former President, Olusegun Obasanjo endorsed Atiku for the 2019 presidential election. Do you see his endorsement carrying any weight?
I want to believe that Chief Olusegun Obasanjo has just one vote to start with, and he contested for presidential election twice in this country, and we knew the position of the Yoruba during that time. Despite the fact that he was the candidate, his people refused to vote for him, how much more now that he is not even a candidate. So, the question we need to ask is ‘what will his vote do?’ We have to give it to him; he remains one of the greatest Nigerians alive today. I am not looking at the moral aspect of it, but for somebody to be a president twice, and in peculiar circumstances, I want to believe that the Almighty God is saying something. But when you want to say whether that one will now translate to votes, I think with my little experience in politics as a former National Secretary of a political party, I must say there are indices, sentiments that always come with election, and I don’t think it really matter. However, as a Christian, I think we need to congratulate Obasanjo for bearing no grudges against anybody. We should applaud him for that.
Atiku also said that he will restructure the country in six months if he becomes President. Do you see that happening?
Atiku really does not even need six months to restructure. I think two months is even too much to restructure the country. I think we need to realise what we call restructuring. The only time Nigeria have been allowed to talk without any form of interference, that passed through the test of time legally and morally, was during the London Constitutional conference, during the time of Tafawa Balewa, Obafemi Awolowo, Ahmadu Bello, Nnamdi Azikiwe, that was when all the ethnic nationalities came together, and were allowed to talk.
We deceive ourselves when we say we have one nation, because there are lots of nationalities in Nigeria. I have been following this argument that we have a constitutional provision that says that for you to restructure, you need to tinker with the constitutional provision. That is a lie. One of the major impediments of our restructuring is how to have equitable distribution of wealth. It could be done by just changing revenue sharing formula; you don’t need the constitution to do that. RMAFC is there. The constitution and statute enabling that commission gave them freedom at every time to advise the federal government on revenue formula. What stops the chairman of the commission to say that the revenue formula needs to be changed in order to address the issue of restructuring? I don’t think that one will take more than 2 or 3 days. So, I believe Atiku may have a genuine intention when he said he will restructure in six months.
President Buhari got fewer votes in the South-East in 2015, what will it look like in 2019?
It is something that even the blind could see; he has problems in the South-East. I am sure that if he was to be interviewed, he would tell you that his biggest headaches would come from the South-East, particularly with how the issue of IPOB was poorly managed.
Atiku has chosen Peter Obi as his running mate. Do you see the Yoruba voting for the ticket?
I want to believe that this may be the last time Atiku will have the chance to contest election, and I want to believe that he is aware and have realised this. All his steps and choices will be well calculated. The choice he made concerning his running mate is something that everyone is proud of. I know Peter Obi as a great leader who is well respected. Yoruba are enlightened; we discuss politics of issues, not politics of sentiment. I don’t believe picking Peter Obi will now make Yoruba vote against Atiku. If you really want answer to this, you can check what happened in 1999, and what happened in 2003, when a son of the soil from Yoruba land, Obasanjo contested, he had the least votes from his kinsmen. We look at issues, which is one of the things of being formally enlightened. I am so proud of my race. To say because Osinbajo is Yoruba, so we will all vote for him, is also not correct. No way! Yoruba won’t think that way.
Would you subscribe to the idea of a debate between President Buhari and Atiku?
Certainly, if I am to employ a messenger, which is the least position in my office, I subject them to interview. Debate is part of the interview, and I believe anybody that is contesting for the presidency should be able to come before the people to tell them that this is what he has to offer.