A VIEW FROM MY WINDOW: THE SIMPLICITY OF OUR LIVES

A VIEW FROM MY WINDOW: THE SIMPLICITY OF OUR LIVES

"It is said that when Cosimo was about to die he recommended Donatello to the care of his son Piero, who, anxious to carry out dutifully what his father wanted, gave him a farm at Cafaggiuolo which provided an income on which he could live comfortably. This made Donatello very content, since it meant that he was at least saved from the prospect of dying of hunger. All the same he had not held it a year before he returned to Piero and publicly made the farm over to him again, insisting that he did not want to lose peace of mind by having to worry about running a household and being molested by the tenant, a peasant who was always getting in his way and complaining now because the wind had blown away the roof of his dovecot, now because his cattle had been confiscated by the Commune for taxes, or because a storm had destroyed his wine and his fruit. Donatello grew so sick and tired of all this that he said he would rather die of hunger than have to think about so many things."

                            from Lives of the artiste: Donatello by Giorgio Vasari


Like Donatello in this legend, the mould of our lives presently is a contradiction of plausibiles. Fela Anikulapo Kuti captured this satirically : '... suffering and smiling...'

That is the story of our lives . The death of a loved one calls for the celebration of ' a life well spent' -- no matter how well or otherwise that life may have been really spent.

 Our carnivals are not threatened because we cannot find (even remotely) one and a half square meals a week to sweeten the soul, rather they (our carnivals) are revved up because dance and music lighten the weight of the burden of merely existing on our weary shoulders. In fact for those of us collectively singled out by the epithet 'masses', we had long removed the 'square' from our meals. Any meal would do; any meal is --- fine.

Once in a while however, we are shocked to the bones by the somewhat certain paradoxical complexity arising from the very simpleness of way of life. Over 200 young girls are abducted and unreachable for over 2 years. Suddenly one, by happenstance is found. Found on the day the Nation's labour union commenced strike action against government for increasing the price of petrol.

Immediately the find is announced, the nation goes agog with joy. We rejoice that she was 'rescued' along with her captor 'husband' by our gallant security forces -- men who just happened to be chasing the wind at that exact time the duo were probably just taking a breath of fresh air in that undefined territory.

 It was a memorable battle, one worth celebrating for days in the media. And we celebrated. In our dreams and imaginations the security forces engaged the brutality and the harshness of the breeze in the wild, in a mortal combat. In our dreams they fought long, gallantly and finally snatched the young Amina and her 'now legitimate husband' from the gaping jaws of death -- jaws which had been yawning in the eerie quiet that had gripped that area since the security forces arrived that territory. In our dreams the gallant forces, the security men return with their protégé -- proudly and promptly announce their victory.

Immediately we legitimize the 'ex-terrorist' and accept him as the bona-fide husband. We celebrate Amina's return and celebrate the man's 'change'. We arrange a Presidential welcome for him and our saintly President immediately pronounces that the ex-terrorist will be given amnesty. Sadly this is no longer in our dreams.

Our media ran circuses, violating the privacy of the young girl and extolling the virtues of being found-- 'rescued' and indeed, subliminally congratulating the 'husband' that he did a good job raping the innocence and person of young Amina. We pat each other's back and pat government's back for doing ........ What? No one knows for sure why they deserve credit for this 'find', but -- well they are government and they deserve the credit anyway, Right? Wrong. They will take it anyway, period.

Nothing cataclysmically wrong with that though. What is cataclysmically wrong is government not seeing the wider implications and advantage of having an ex-Boko Haram member in its custody -- not realizing the importance of having such a 'gold mine' in its hands.

But more importantly government should realize that no matter what politics it plays with the resurfacing of Amina, 'that man' is not a husband and should not be treated or hailed as such. To have gotten Amina pregnant implies he must have raped her. He is a rapist. Amina is not yet an adult. So apart from being charged with rape, 'this man' should also be charged with defilement of a minor.

The man should have been taken off the media blitz and confined to a bare four-walled room and asked some hard questions in the presence of a psychologist, psychiatrist, forensic expert and with the help of the usual drugs used everywhere else for critical interrogations. The military owes this to Nigerians-- not arranging a party for that criminal. The military owes it to Nigerians to find out;

• 1. What was this man's role in BH. Was he simply a foot soldier or someone high up in the hierarchy? Was he just a brainless messenger or someone who was privy to plans, tactics, intel and info ?  

• 2. When was the last time he was B.H? How many months ago? What was their last location ? How did they chose their locations? Who are the visible faces in the BH hierarchy as at the last time he was a BH member? 

Many more questions to quiz this criminal with.

With over one week gone, neither the military nor government has come forth to tell Nigerians how much gold they have mined from this potential goldmine. Maybe the resurfacing of Amina has served its purpose -- provide government the image booster it really needs at this crucial time in this new government's life.

But while the politicking continues, this one question should remain on everyone's conscience: " Suppose Amina was your daughter, would you be thinking of granting amnesty to that criminal?" The world is watching us.    

 

A VIEW FROM MY WINDOW: THE CHALLENGES OF FIGHTING FINANCIAL CRIMES IN NIGERIA

A VIEW FROM MY WINDOW

THE CHALLENGES OF FIGHTING FINANCIAL CRIMES IN NIGERIA

Throughout Africa not one situation attracts the anger of the majority of peoples as much as the brazen financial crimes pervading all levels of government and businesses.

So seemingly pervasive and entrenched is it in Nigeria that when we use the word corruption, 99% of the times we mean financial corruption and even here 99% of the time we again mean the conversion public money to personal wealth. AIn only about 10% of the cases do we even consider tax crimes as corruption. This is the reality of our perception.

The amounts of money involved are sometimes so nauseatingly huge that it boggles the mind. Sources say United Nations figures are put at a whopping $148 billion (One Hundred and Forty-Eight billion dollars)stolen from African Countries by political leaders. Leaks from Swiss Banks indicate that Nigeria alone has $266 Million (Two Hundred and sixty-six million dollars) stashed away by Nigerians in accounts that are under investigation. Two Hundred and sixty-six million dollars just stashed away and not doing any productive work for either the nation or even the account beneficiaries themselves.

Financial crimes have evolved from simple bribery to more sophisticated embezzlement and these days, even more ingenious electronic theft.

Justice Emmanuel Olayinka Ayoola, Chairman of Nigeria's ICPC in 20005-2010 admitted:

      "The commonest form of corruption used to be bribery but in recent years this     has been overtaken in level of prevalence by embezzlement of public funds, abuse of public power for private gains ... extortion and illegal party financing."

JUSTICE EMMANUEL OLAYINKA AYOOLA

The critical questions that arise in the minds of most of us are : "Why? Are Africans by nature simply corrupt? Is it that we have a corruption DNA implanted in our genes? Or is that maybe, we have learned too well from our erstwhile masters? "

Although the questions can go on and on, the most important query for me is: "Why is it so difficult for us to fight financial crimes in Nigeria? "

But before we even begin to examine this let us first establish that the average Nigerian is no more corrupt in his DNA than the average American, or the average Briton, or Asian or whatever race on the face of the earth. Historically, and traditionally as a matter of fact the average Nigerian was always exceptionally honest and forthright. Time was, (our grandfathers will swear to this), when traders left their wares and the sales made on the day, overnight unguarded in their open stalls, without fear of losing even a pin the next day. You could leave the 'household' of your wealth untended and no one would touch it, much less steal it. Sounds mythical maybe, but this was true for generations. The fear of the traditional gods of the land kept fickle fingers and fickle minds straight. That was the age of innocence.

As a matter of fact the generation of our fathers fathers, believed that the decline in moral standards began when Europeans made their foray into Africa, and began planting the seeds of mass deception, brazen lying and subterfuge in the minds of the African traditional elite -- the African kings, their chiefs, and top members of African societies-- with the aim of capturing their peoples as slaves, usurping power and ultimately controlling the wealth of Africa. And Africa lost her innocence.

In general there is widespread belief amongst us, the masses in Africa that international media makes us look more corrupt than we really are. Our nations are branded corrupt simply because a few of our leaders are corrupt. There are millions of Nigerians who are hardworking and dedicating their lives each and every single day to making honest living through their creativity, sweat, tears and sometimes blood but they simply do not make the headlines because their stories are not considered newsworthy. This for most of us is the story of our lives and in our heart of hearts we denounce the branding of all of us as a race of corrupt people, and in our heart of hearts we desire passionately that those few who give us the 'bad name' be brought to book.

Herein however, lies the dilemma. In Nigeria for instance the Evidence act was passed into law in 1945. 1945, and it has not been revisited since. This law does not allow for the admission of electronically generated evidence in court. How then can we ever hope in this 21st century to at least, effectively prosecute financial crimes committed electronically when any defense lawyer worth his onions would immediately glide through this gaping hole with a smiling client firmly strapped to his back. If the 8th National Assembly of Nigeria is committed to frontally engage financial crime as it proclaims, this is one of those loop-holes it has to effectively seal off with a little bit more than brick and mortar.

Second. The penal code for financial crimes is over 50 years old and as a result does not even recognize some types of financial crimes. In an instance for example where someone who steals billions of Naira is successfully prosecuted , he may actually and in reality get only 2 years of jail term. This is definitely not a disincentive. Many I know would gladly take the two years.

Third. For me this is the most important. There is really no law that allows for investigation based asset sequestration. What this means is that if I do my calculations well, I can successfully steal 2 Million Naira, put aside 1 Million Naira for the dust, shame, investigation, legalities, legal fees and what have you, that are bound to follow, and I promise you I can enjoy the remaining 1 Million Naira thereafter.

If however there is a law which says that once I am under investigation for some financial crime, my accounts will be sequestered, then it would be impossible for me to use the stolen funds to fight the justice system. This would make me think twice before I engage in any financial crime. The downside however is that some governments may use this to intimidate critics of an oppressive regime and if not applied under strict oversight from an "above-board" body, it could become a very dangerous tool in the hands of any investigating agency of government.

Fourth: Financial Intelligence Unit. A country as populous as Nigeria needs to have an independent, standalone, financial intelligence unit whose main functions would be to gather financial intelligence, interpret same and grant agencies of government like the Economic and Financial Crimes Commission (EFCC), ICPC and the Police access to this intelligence.

With major gaps like these existing within the system as a whole it is easy to see how difficult it can be to successfully prosecute financial crimes in Nigeria. The simple and singular most important recommendation is that the law makers in this 8th assembly, (proponents of change as they call themselves ) should as a matter of priority overhaul all laws relating to financial crimes.

                                Written by Victor Omotayo Sawyerr
 

A VIEW FROM MY WINDOW : PITTING THE VP AGAINST THE PRESIDENT

                                    "A war of attrition destroys the morale of soldiers"

A VIEW FROM MY WINDOW : NIGERIA IN FOCUS:

PITTING THE VP AGAINST THE PRESIDENT: Is History about to repeat itself?

The National Assembly inauguration on June 9th 2015, which saw the emergence of House leaders who are not the preferred candidates of either the ruling APC Party or the President, has provided enough cheese for us to nibble at, for weeks on end.

Political intrigues and an increasingly bold, vibrant Media constantly 'attriting' , constantly searching, and posting on all media forms, make for a really interesting first term in office, on President Buhari's second coming.
Early as it is in the life of this regime, the political meteorologist's report is already showing that thunder storms may be gathering in the clouds not too far ahead of us :

The scenario? President Buhari has twice excluded Vice President Osinbajo from crucial security meeting with security chiefs, where matters of State , critical to the operations against Boko Haram are discussed.
The Problem? Watchers of politics in the country, political commentators and the media are beginning to insinuate that there must be some underlying trust issues between the President and his Vice when it comes to Security. Others believe that the VP has a right to be in those meetings and that being excluded was a way of limiting his rights as a VP. The matter has become another talking point and before long either the President or his Vice will be forced to address it.

For those of us however, who are intrigued by the power play between Presidents and Vice Presidents across Africa, this is yet another drama in the making. Some, as a matter of fact, really do believe it's just a matter of time before history repeats itself leaving us with a Vice President estranged from the Presidency. How it pans out in the long run may just depend on what point the trio of loyalty, common sense and selflessness come to intersect with each other .

But while this drama continues to play out internally within the Party confines, and externally, in the media and public space there is need to search out for precedents, and seek out the legality or otherwise of the President's action.
Nigeria operates a democratic system patterned along the American style of democracy, and although today, America's Vice President seems to wield considerable power as well, this was not always the case.
 Infact John Adams , Vice President , 1789 to 1798 had this to say about his office :

         "The office of the Vice President, is the most insignificant office ever the               invention of man contrived, or his imagination conceived"

It was only since after the 2nd World War that the US Congress and the President began to assign more roles to the VP. For over 100 years , Vice Presidents of the United States of America were simply marginal figures along the corridors of power.

Important to note is that it was not until 1933 when President F. D. Roosvelt, (32nd President of US) began to include his VP in cabinet meetings that other Presidents after him started including their own Vice Presidents in cabinet meetings.

But here is a situation we can draw parallels from: President Roosvelt even though he allowed his VP attend cabinet meetings, he did not allow him attend National Security meetings, and particularly did not inform his VP about the highly important National security project called "The Manhattan Project" which at the time was a top secret project to develop atomic weapons. Ironically, President Roosvelt died in 1945, and the war was still going on. His VP, Harry Truman suddenly became a war time President and found himself in an extremely difficult position (to put it mildly) because he did not have firsthand knowledge of all the available National Security information . He had to depend on daily briefings from the Secretary of War to make critical decisions that could affect not only America but the World in general.

How did the American Congress deal with this anomaly ? Simple. The American Congress realized that a situation where a sitting President did not have firsthand knowledge of the country's National Security options was absolutely untenable, and a very big security risk. In 1947 congress then included Vice Presidents as one of the four statutory members of the National Security Council . The sense behind it is this: If at any point in time the President is unable to continue being President, the VP who succeeds him would be fully equipped to discharge most of his duties without hang-ups.

This is good precedence and I would think the new Senate, and Representatives ought to, as a matter of urgency, look into passing laws that clarify and specify  some of the critical responsibilities of the Vice President  as a way of minimizing an unnecessary attrition that could destroy the morale of the nation.

                Written by Victor O. Sawyerr
                  June 12, 2015