By Cajetan Mmuta, David Lawani, and Deborah Onyofufeke
Concerned Nigerians and stakeholders drawn from various shades of opinion and professions, including lawyers, civil society groups, and others, have risen up with calls for relevant legal institutions and bodies to summon ex-President Muhammadu Buhari and his ministers to account for the country’s looted funds, which ran into trillions of naira under the then government.
They noted that the excesses of the All Progressives Congress (APC) under Buhari’s watch and those of his ministers were responsible for the unbearable economic hardship and hunger currently faced by millions of citizens of the nation.
Under the Buhari administration, at least N30trn was collected from the Central Bank of Nigeria under the Ways and Means advances.
Under the President Bola Tinubu-led dispensation, the loan facility from the CBN to the Federal Government has been scrutinized at both the legislative and executive levels.
The Senate constituted a nine-member ad hoc committee last Tuesday to probe the disbursement and usage of the N30trn Ways and Means loan obtained by the administration of former President Buhari from the CBN.
The Red Chambers also stated that reckless spending on the overdraft collected from the CBN under Godwin Emefiele largely accounted for the country’s current food and security crises.
Following this development, some senior advocates, including Prof Mike Ozekhome, Mr Femi Falana, and top civil society organisations, have called for Buhari’s trial.
Others, however, such as Ebun Adegboruwa and Mike Ahamba, have differed, saying the present administration is an offshoot of Buhari’s regime.
Recall that the former president of the United States, Donald Trump, and his South African counterpart, Jacob Zuma, had separately faced trials for alleged wrong practices while in office.
*Ex-president can be jailed if found guilty- Ozekhome
According to rights activist Ozekhome (SAN), who spoke exclusively with ThisNigeria yesterday, Buhari and his ministers can be tried and jailed if they are found guilty of criminal charges.
He said Nigeria is bleeding because of the atrocities committed by former President Buhari and his ministers; hence, they should be tried and jailed if found guilty.
Ozekhome noted that the Ways and Means advances of N30trn from the CBN to the Federal Government under Buhari should not be swept under the carpet.
He said Buhari and his former ministers were not under any form of immunity and were liable to face criminal trial.
The professor of law further said criminal charges were unlike civil matters where the time duration for trial elapses.
He said, “Since May 29, 2023, the former president, Muhammadu Buhari, lost his presidential immunity under section 308 of the 1999 Federal Republic of Nigeria Constitution.
“So, he has no immunity from criminal charges for a criminal trial, not to mention his ministers, when we talk about these humongous billions and trillions of dollars supposedly used or stolen by Ways and Means through the CBN.
“The law is never too late to try these people in a criminal prosecution: former President Buhari and all his ministers, everyone involved in the massive scam in a bleeding country that predators and state captors have savaged in human form. It is a very good thing that criminal charges, unlike civil matters, do not have a period of lapse or obstruction. They stay on forever.
“I believe that these people should be brought to book. The EFCC should go after all of them. Give an example of a former head of state or a former president so that those in power will know that their immunity will vanish once they leave office. They will never be able to hide again from the long arm of the law,” he stated.
Asked whether Tinubu could summon the courage to try Buhari, he said, “Well, that is the issue. To be or not to be. We call it political will or courage. Former president Donald Trump faced criminal charges in America. Jacob Zuma, former South African president, was tried and jailed.
“Many Presidents across the world, whether in Greece or Argentina, have been tried and jailed. So, it is for President Tinubu to show that he can be different and prove his mettle. No one can do that for him. But as regards whether former President Buhari can be tried or not, the law is that he can be tried and jailed if found guilty. There is no obstacle to doing that.”
*Falana: Tinubu lacks political will to try him
Another legal luminary and rights activist, Femi Falana, said Tinubu might be unable to summon the courage to try Buhari.
He said the various auditor-general reports produced since 1999 had consistently indicted successive governments, but no past president had been tried.
He noted that the late military head of state, Gen Sani Abacha, was only a victim of circumstance, going to the vast sums repatriated from his foreign bank accounts because he was dead.
Falana said, “The ruling class cannot summon Buhari. If you want to know what has happened to our country, go and read the auditor general’s report, which has indicted every regime since 1999. It is difficult for members of the ruling class to fight themselves.
“A few of Buhari’s ministers and heads of agencies will be tried, but nothing will happen to some of them because under the system, apart from the late Sani Abacha, other heads of state in Nigeria enjoy permanent immunity.
“So, nothing will happen to Gen Muhammadu Buhari. Apart from the late General Sani Abacha, who passed away in 1998 and is still being pursued by the Nigerian state, all other heads of state enjoy permanent immunity.”
*CSOs too
In his views, Emeka Umeagbalasi, Chairman of the Board of Trustees (BoT) of the International Society for Civil Liberties and the Rule of Law (Intersociety), expressed doubt if the President Tinubu-led administration has the political will to try Buhari.
He said, “The law is not the problem, but I am emphasizing the political will. The political will is the problem because who on that seat has the political will? You also talk about moral sanctity and that political will is fundamentally lacking.
“We are calling on this government to investigate whether it is not being replicated or repeated by this same government. You must have moral sanctity before you go for justice; if not, all these calls will be an effort in futility. The process that brought somebody to power matters a lot.
“What is lacking in Nigeria is a powerful system. If there’s a strong system in Nigeria, even the president cannot influence the powerful system, but unfortunately, we are in Nigeria. The best way to curb corruption is by institutional reform, not even by arresting and jailing suspects.”
He said Nigeria has an enormous task in her hands to rid itself of the current socio-economic miasma considering the outrageous and huge wastes, insensitivity, and backwardness that the various leaderships had plunged the country and her citizens into without recourse to the future.
Also, an Abuja-based lawyer, Pelumi Olajengbesi, said while immunity serves a vital role in democratic governance by allowing holders of high-ranking offices to focus on their responsibilities without the threat of legal impediments once their tenure expires, they could be held liable for any alleged civil wrongs or criminal offenses committed during their time in office.
He said, “Immunity serves a vital role in democratic governance by allowing holders of high-ranking offices to focus on their responsibilities without the threat of legal impediments. However, it is essential to balance immunity and accountability, ensuring that public officials can be held responsible for any wrongdoing after their tenure.
“Therefore, the suspension of pending litigations until the end of their term may be warranted in the interest of national or state stability. Ultimately, the relevance of immunity in Nigeria’s democratic system should be upheld while also ensuring accountability and transparency in governance.”
*Tinubu is part of Buhari’s failure- Adegboruwa
Another Senior Advocate of Nigeria, Ebun Adegboruwa, who agreed that Buhari does not have any immunity and could be tried, however, called on Tinubu to tackle the economic and security issues facing the country instead of blaming his predecessor.
The SAN noted that Tinubu marketed Buhari to Nigerians, adding that he was part of whatever failure Buhari would have recorded.
He said, “Once a president vacates office, he loses immunity from trial on the day his tenure expires; in this case, from May 29, when Buhari swore in another President, Bola Tinubu, he loses the immunity under section 308 from that day.
“Either President (Olusegun) Obasanjo, (Goodluck) Jonathan, or Buhari can face trial if there are any allegations against them. This also applies to their ministers and aides who worked under them. However, we should not be dragged into the All Progressives Congress (APC) excuses seeking to blame the problems or woes of the economy on the past presidents.
“I say this because while former President Buhari held sway in Nigeria, President Bola Tinubu was the national leader of that political party. He was part of the programmes. He was the person who marketed former President Buhari to Nigerians.
“So, I don’t see anything ex-president Buhari could do for the economy of Nigeria that we can excuse President Bola Tinubu from the blame.
“During his campaign, he said his government would continue the Buhari regime. I think the current administration’s policy of ‘scapegoatism’ is to give the impression that his government was run aground by the Buhari administration. Whatever Buhari did, we should also lay it at the feet of President Bola Tinubu. There is no difference between them.
“I implore the president to dust his table, get to work, deliver on his campaign promises, and stop blaming people. This was the way they blamed former President Jonathan for 16 years of PDP and the government.
“You are the one in charge now. It is not Buhari who is not allowing us to have electricity or tackle insecurity.
*Ahamba speaks
Similarly, another SAN, Chief Mike Ahamba, said the former president had not been indicted and, therefore, could not be summoned.
He said, “Summon him to where? For what? He is not in charge of anything. Has anyone come out to say this is an offence he committed? Whoever has anything against him should come forward and present it.
“Is there an offence he committed? If so, let the person come forward to say it so that he faces the wrath, not speculative statements. He is a citizen of Nigeria, but the way they are going about it, it appears they are trying to hold him responsible for what somebody failed to do in his time.
“If there was so much naira printed, why was it scarce? Look at the CBN law: the president does not control the governor of the Central Bank in doing those things.”
