Implications of Obasanjo's late wake up to the challenges of Sharia in Nigeria
By Ken Kemnagum Okorie
Special to NigeriaCentral.com
USAfricaonline.com and
USAfrica The Newspaper
In its 'Breaking News' header, USAfricaonline.com of Thursday,
March 21, 2002 ran a headline 'SHARIA SHOWDOWN: Nigeria's government
formally declares as illegal and discriminatory the action of 12
governors and state assemblies who instituted the Islamic Sharia law
in their stat
es.'
It reported the historic statement made by Nigeria'
s
Attorney-General and Justice Minister, Chief Godwin Kanu Agabi (SAN),
regarding the real implications of the implementation of Sharia by
certain states of the country: "The fact that Sharia law applies to
only Moslems or to those who elect to be bound by it makes it
imperative that the rights of such persons to equality with other
citizens under the constitution be not infringed. A Moslem should not
be subjected to a punishment more severe than would be imposed on
other Nigerians for the same offence." Agabi continued that "Equality
before the law means that Moslems should not be discriminated
against". And in a pointed manner, he addressed the states' chief
executives: "As an elected governor, I am certain that you would not
tolerate such disparity in the allocation of punishment. It is not
only against the Constitution but also against equity and good
conscience."
The essence of the Sharia problem in Nigeria could not be stated any clearer. This analysis also underscored a principle that is fundamental to the rule of law. Whether based on religion or other belief or factor, a disparate system of sanctions that discriminates among citizens, punishing individuals differently for similar offense is untenable in civilized system of jurisprudence.
Such legal system simply derogates and indeed rejects the existence of the national Constitution. And since the Constitution holds together a national polity, such derogation or rejection is a direct statement of non-recognition of the Constitution by the Sharia implementing states and declaration that they are not bound by it.
In a NigeriaCentral.com and USAfricaonline.com article published
in 2000, titled 'Is
Obasanjo Up To Nigeria's Challenge', I observed: "For months,
this Administrat
ion
watched indifferently as various Northern States, led by Zamfara,
flagrantly defied Nigeria's secular constitution and sovereignty,"
and that Vice President Abubakar Atiku's announcement "that the
erring states will shelve Sharia and revert back to the penal code
does not negate the government's failure to discharge its duties to
the nation."
I also noted that president Obasanjo's (in picture, right) inaction over Sharia and his hollow, reckless comments were remarkable commentary on the retired general's performance, which raised serious questions about his understanding of his constitutional responsibilities, and, indeed called to question his fitness and capacity for the leadership texture Nigeria must have at its present crossroads. Specifically as to Sharia, I pointed to the constitution's limited but confusing provisions on Sharia at the appellate level, and noted that "the incongruency and conflicts from that provision were made more obvious when Zamfara began toying with Sharia law. The implications of this move were far reaching even for the very survival of Nigeria. For this reason, one would have expected the Attorney General and Justice Ministry to give official opinion regarding the constitutionality of Sharia, and, if that did not solve the matter, seek a determination by the Supreme Court. It did not happen. Obasanjo quietly watched Zamfara blatantly derogate the constitution of the land. And because nothing was done, Zamfara soon was only a starting point...."
In a way, I am glad Obasanjo's administration has finally recognized what's amiss. The important question that arises from Honorable Agabi's statement is, Why has it taken the administration this long to recognize this fundamental element of our nascent democracy? It is difficult to accept that Obasanjo's failure in this regard can be blamed on lack of proper legal advice.
There is reason to believe that then Attorney General Bola Ige, who was on record for speaking out, just as Justice Minister Agabi has now, must have advised the President. At the time, President Obasanjo simply but flippantly characterized the chaos as "political Sharia" which will dissolve in time. How wrong! How naive!
Recognizing that Sharia attacks the very root to Nigeria's sovereignty, why did the government not issue an official opinion through the attorney general when Sharia first reared its ugly head? Why did he not introduce appropriate legislation to assure the integrity of the national Constitituion? Better still, why did he not ask the courts to make a legal determination of such important matter?
A lot of water has passed under the bridge since early 2000 and may have affected Obasanjo's action, or rather inaction, and the timing of both. Is it that as of early 2000, the retired General felt too indebted to his Northern benefactors who primed him into the Presidency using every crooked, corrupt maneuvers thinkable? It must be remembered that Obasanjo could not even win his local electoral ward or any segment of his AD-dominated native Southwest.
Many believe that the specter of candidate Jim Nwobodo's Hausa oratory at the Jos Conventions, for example, was part of that larger scheme. The political tone of Northern Nigeria in March 2002 is a lot different. A great chasm has since developed between Obasanjo and the North. He no longer enjoys their trust or confidence.
Many, as represented by Awoniyi and Wada Nas have since drawn their line in the sand. Could this shift explain General Obasanjo's new-found sense of duty? Since, there is good reason to believe that Bola Ige must have advised the President just as competently, could his current decision to allow an open statement of the true essence of Sharia be his veiled ploy to reassure Nigeria's Christians? Could this be part of his strategy to seek to remain at Aso Rock in 2003?
This raises a very disturbing specter about this presidency. After three years in office, what sector of national life (social, economic, religious, political) can Nigerians honestly say that Obsanjo's leadership has enhanced or positively impacted their lives? Unemployment is worse, basic infrastructure remaisn hopeless, good healthcare is for dreamers, children receive no education because schools remain hopeless, political parties and structures are in disarray, basic security is unavailable anywhere, religious and ethnic strife consume more and more Nigerian lives, national distrust has grown.
An honest balance sheet of the Obasanjo administration cannot earn
it the lowest level of creditworthiness even from the most liberal of
institutions. Most important consideration is that General Obasanjo
has failed his office. Whether by not recognizing that Sharia
questions the existence of Nigeria or choosing to not act, his
behavior violates his sworn oath to protect and preserve the
Constitution of the Federal Republic of Nigeria.
Attorney Okorie
is a member of the Editorial Board of USAfrica The Newspaper and
former Secretary general, World Igbo Congress. This
USAfricaonline.com commentary is copyrighted. Archiving on any other
web site or newspaper is unauthorized except with a Written Approval
by USAfricaonline.com
Founder. March 22, 2002.
Sharia-related
killings and carnage in Kaduna reenact deadly prologue to
Nigeria-Biafra
war
of 1967. By
Chido Nwangwu.
DEMOCRACY
DEBATE These views were
stated during an interview CNN's anchor Bernard Shaw and
senior analyst Jeff Greenfield had with Mr. Nwangwu on
Saturday November 18, 2000 during a special edition of
'Inside Politics 2000.'
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TRIBUTE
A KING FOR
ALL TIMES:
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and vision are relevant into 21st century.
DIPLOMACY
Walter
Carrington:
African-American diplomat who put principles above self for
Nigeria 
(USAfrica's
founder Chido Nwangwu with Ambassador Carrington at the U.S.
embassy, Nigeria)
DEMOCRACY'S
WARRIOR
Out of
Africa.
…The
cock that crows in the morning belongs to one household but
his voice is the property of the neighborhood. -- Chinua
Achebe, Anthills of the Savannah. An editor carries on
his crusade against public corruption and press
censorship
in his native Nigeria and other African countries. By
John Suval.
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with Hakeem Olajuwon
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Cheryl
Mills' first class defense of Clinton and her detractors'
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It's wrong
to stereotype Nigerians as Drug
Dealers
Private initiative,
free
market forces, and more
democratization
are Keys to prosperity in Africa
Apple announces Titanium,
"killer
apps" and other
ground-breaking products for 2001. iTunes makes a record
500,000 downloads.
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magic
Since 1958, Achebe's "Things Fall Apart" set a standard
of artistic excellence,
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Lifestyle
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Johnnie Cochran
will soon learn that defending Abacha's
loot is not as simple as his O.J Simpson's
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By Chido
Nwangwu
USAfrica The
Newspaper voted the "Best Community
Newspaper"
in the 4th largest city in the U.S., Houston. It is in
the Best of Houston 2001 special as chosen by the editors
and readers of the Houston
Press,
reflecting their poll and annual rankings.
CNN
International debate o
n
Nigeria's democracy livecast on February 19, 2002. It
involved Nigeria's Information Minister Prof. Jerry Gana,
Prof. Salih Booker and USAfricaonline.com Publisher Chido
Nwangwu. Transcripts
are available on
the CNN International site.
Is Obasanjo
really up to
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challenge and crises?
By
USAfricaonline editorial board member, Ken Okorie. This
commentary appears courtesy of our related web site,
NigeriaCentral.com
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Should Africa debates begin and
end at
The
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The
Washington Post?
No
NEWS
INSIGHT
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This life and pain of Kgomotso Mahlangu, a
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Kalafong township near Pretoria, South Africa, on October
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sweeping and devastating destruction of human beings who
form the core of any definition of a country's future, its
national security, actual and potential economic development
and internal markets.
22 million Africans HIV-infected, ill
with AIDS
while African leaders
ignore disaster-in-waiting
Osama
bin-Laden's goons threaten Nigeria and Africa's
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Africans
reported
dead
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A young
father writes his One
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AFRICA
AND THE U.S. ELECTIONS
Beyond U.S.
electoral shenanigans, rewards and dynamics of a democratic
republic hold
lessons
for
African politics.
CONTINENTAL
AGENDA
Bush's position on
Africa
is "ill-advised."
The position
stated by Republican presidential aspirant and Governor of
Texas, George Bush where 
he
said that "Africa will not be an area of priority" in his
presidency has been questioned by
USAfricaonline.com Publisher Chido
Nwangwu. He added that Bush's "pre-election position was
neither validated by the economic exchanges nor
geo-strategic interests of our two continents."
Nwangwu,
adviser to the Mayor of Houston (the 4th largest city in the
U.S., and immigrant home to thousands of Africans) argued
further that "the issues of the heritage interests of 35
million African-Americans in Africa, the volume and value of
oil business between between the U.S and Nigeria and the
horrendous AIDS crisis in Africa do not lend any basis for
Governor Bush's ill-advised
position which
removes Africa from fair consideration" were he to be
elected president.
By Al Johnson