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That OBA's Conviction and the Rest of Us - Politics - Nairaland

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That OBA's Conviction and the Rest of Us by Browndiary(m): 11:28am On Dec 02, 2022
By Barr Ewa Okpo ( Watchout Naija)

Yeah, the Federal High Court has at the instance of the EFCC sent Obong Bassey Albert (OBA) to jail over corruption charges and I know some of my friends are bitter now. Well, not everybody celebrates other people's political woes like some of them. I, too, am not jubilant. I have long offered them my condolences as an empathetic adversary.

Albeit, I also strongly hold that while the case may had been politically instigated, the judgement isn't. Oba himself admitted receipt of those items. Even at gun point I would have asked him as his lawyer NEVER to admit. At that point it was pretty straightforward what Justice Okereke would do. I'm not particularly My Lord's fan but there are things I know My Lord enough to vouch for.

Dearly beloved, that judge is a frightening disciplinarian. I remember how she threatened to order the arrest of Godswill Akpabio in a politically instigated charge I was defending before her in 2018. It was the build up to the 2019 general elections and the APCs were being over run by PDP media. To even the score they attempted to poach the PDP media guys, when it didn't work, they resorted to intimidation by arresting them on trumped up charges. Utitofon Morgan Ukpong the publisher of Sitippe Akwa Ibom was one of the victims and the one before the judge. Guess what, after three court dates, Sen. Godswill Akpabio who had personally hand written petition against Utitofon was needed to testify in court but never showed up. What was their excuse? He was attending meetings with Mr. President! Jehovah Madagascar! My Lord, was bewildered! Was that supposed to impress the court or what?! "Counsel, tell your Senator that I'll order his arrest if he doesn't appear before this court on the next adjourned date. Someone's freedom is at stake here and he's busy attending meetings with Mr. President. Didn't he know he would be attending those meetings when he caused you to arrest and charge somebody before me?"

The only way out for Akpabio was for the matter to be struck out for want of diligent prosecution. Luckily for them also, my client didn't push for malicious prosecution.

In the instant case, from the moment OBA admitted to receiving car gifts as a commissioner of finance and chairman of interministerial and direct labour coordinating committee in the state from Mr. Olamide Omokore being a contractor in the state he was jolly well telling the court that the Lord was preparing a place for him at the Correctional centre and that he should be sent there. Hence, the court only granted that wish.

C'mon, OBA ought to have known that as a public office holders he cannot accept gratifications from persons doing business with the state where he is directly or indirectly involved in the business process. He ought to know also that since his contractor friend was before then having a running battle with the EFCC over some petroleum ministry saga that receiving anything from him would amount to receiving and/or benefit from proceeds of a crime. And all of this happened in December of 2012. Perhaps, this should inspire the office of the Attorney General and Secretary to State Government in the next administration to organise compulsory training for elected and appointed members of government on what is required of them to do and not do in office.

What piqued me more as a lawyer is the fact that this matter actually started in Lagos State. It was OBA himself who fought hard for it to be brought to Uyo division of the Federal High Court. Why travel that distance home only to come admit guilt? He could have just plea bargained in Lagos (since he was going to admit the allegations) and gotten a deal for himself that we'd have all forgotten about by now. Instead, he didn't only fight for the case to be moved from Lagos to Uyo but also allowed the case to linger for years till his election year. That's how he didn't take his senatorial election petition case seriously until judgement was issued against him that he had to run helter skelter for help at the appeal. Perhaps this also will teach Akwa Ibom politicians lesson about the courts and lawyers. Most of them do not take their lawyers, doctors, accountants and other professionals seriously until their "life" is at stake then a fire brigade approach is activated while pointing accusing fingers at every other person except themselves.

Curiously, I understand even those who should have helped create doubt in the EFCC's case against OBA demurred. So OBA resigned as commissioner in 2014. By 2015 he had a campaign organisation. Ordinarily, it would have been said that the gifts were given to the campaign organisation but those who should have owned up to this played a good act in court exonerating themselves in their testimony. By the way, if the gift was made in December 2012 how does a campaign organisation that was formed two years later come in to claim receipt of it? In the end, since a case of bribery couldn't be established, a case of receiving proceeds from a criminal activity became more plausible.
At appeal, his legal team will have to work hard to convince the court otherwise. It's going to be tricky, interesting and technical. If they succeed, an aspect of our criminal jurisprudence will be greatly developed. God help them.

Now, as a politically invested person I find it more interesting to find that the fellow who allegedly began this EFCC instigation against Senator Obong Bassey Albert is currently a strong henchman of OBA. What was he thinking when he wrote the petition against Oba to the EFCC? What did he do about it after he reconciled his interest with OBA? How did he feel when the court convicted his principal and was ferried to the prisons? How was his night last night knowing that his OBA was spending the same night at the prisons as a result of a petition he once wrote? If he slept at all, which I'm confident he did, knowing our politicians for what they are, how did he wake this morning knowing that he can't give a call to his OBA or even drive to his house this morning to wish him a happy weekend?

Assuming without conceding that Bassey Albert is guilty as charged by EFCC and convicted by the court is it that this same EFCC have not seen the likes of Tinubu and his so called "structures" in the southwest with their outrageous wealth to have investigated, prosecuted and convicted? Is it that the same EFCC have not been seeing how President Buhari's children, wife, relatives, friends and cabal members have suddenly become wealthier than Nigeria for them to have investigated, prosecuted and convicted? No! Because their people aren't going about plotting for their down fall.

My drift here is very simple, we should be careful of the length we would want to go to prove a political point against our supposed political rival because we may turn around to be the ultimate victim in the end. In Akwa Ibom State, once a fellow declares you his rival the length he'd go to antagonize you beats the whole stretch of Lucifer's imagination.
Some times, both of you are not even contending for anything in particular but just because your interests are not alligned, they will malign, debilitated, deracinate and virtually assassinate you like their existence depends desperately on your non existence. Then, when eventually things turn to your favour or they find themselves in need of your favour they'll forgive themselves on your behalf and suddenly begin to operate and relate with you like nothing happened. Those of the who'll even feign the decency of tendering an apology will do so with an ungodly sense of entitlement to your forgiveness that's if they don't blackmail you further to forgive them.

In this present election season we are all witnesses to all the dastardly acts we've been doling ourselves in the name of politics, we even do it to ourselves in the same camp. What a society of political extremists! That is why even when we're the architect of our own misfortune, instead of admitting our fault and seek help we turn around to compound our misfortune by pointing accusing fingers at others. What a tragic comedy of a delusional consolation.
This explains why Udom Emmanuel who did not write the petition against OBA, did not ask for the case to be transferred from Lagos to Uyo, did not delay the trial all this while, did not ask OBA to admit to accepting the said gifts, did not ask OBA's henchmen to fail to help their principal's case when they testified in court is now the one being accused of being responsible for OBA's conviction. Truly, as a man is in his heart, so he thinks others to be.

Similarly, the fellow who petitioned Sen. Godswill Akpabio to the EFCC that led to the ex-Governors embattlement with the agency later became Akpabio's ally and beneficiary while Gov. Udom Emmanuel who directed his Attorney General to obtain a perpetual injunction against the EFCC preventing them from attempting to unlawfully investigate and/or prosecute a (the) state government to witch-hunt Godswill Akpabio is now accused as Akpabio's head hunter. Verily, uneasy lies the head that wears the crown. Udom's head, I'm sure, can't wait to handover the crown to some other person and just rest. He has chosen Umo Eno. I pray that Akwa Ibom State will have good rest under Governor Umo Eno. Till then, may our prayers be also with Obong Bassey Albert.

Happy Yuletide.
Street Lawyer, Arbitrator and Literati

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