Nigerian-Newspaper.com                Posted  January 20th, 2008

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ABOVE THE LAW

By Che Oyinatumba
 

The Yar’Adua’s government in search of authority and legitimization saddled herself with the noble mantra of Rule of Law. This omnibus legal jargon can be simply encapsulated in "Every body (thing & none thing ) is equal and deserves equal punishment or reward for any act or omission under the law of the land". In popular parlance, no sacred cow, all cow must eat grass and sleep in the same barn.

As a theory, this is utopian. Even during the communist Soviet Republic , the party hierarchy is primus inter pairs and during economic recession, rations were not distributed equally without regards to party card and affiliation. Because a classless equal society is a mirage, any government, who promises its delivery, is seen as a messiah that will bring down the goodies of heaven. A heaven on earth where men will not desire to be economically equal but is protected to aspire to the limit of his ability expressed within the boundaries of the social contract with other humans. A heaven where a plain level playing field will be provided and the quantity of your service will speak for you and not who you know in high places.

Based on the above premises, many commentators are beginning to question Rule of Law as the cardinal point of this administration. The old age judicial hypocrisy of the rich getting light sentence while the poor gets heavy prison terms for a light offence to satisfy hunger, is still playing out in this administration.

The crusader Attorney General has not been able to impress on the judiciary to lighten the bail conditions, start substituted prison terms for first offenders with community service and counseling. He is perceived as working religiously to remove obstacles in the part of justice against the rich and politically correctly aligned ex-governors.
The administration struck at the later day questionable business millionaires created by Obasanjo, dismantling their empire. A case at land is NICON Insurance. Without putting up defense for Barrister Jimoh Ibraham, the question the government both executive and the Senate committee on insurance should answer is: are they dismantling NICON to create a broader playing field for other actors to come onboard? Or is this administration deliberately waging economic terrorist attack on Obasanjo’s men? While Jimoh is battling, Dangote is importing cement despite owing a cement factory in Nigeria , which we were told was conceded to him, to start made in Nigeria cement. Yet all he does is re-bag cement. Akin to the silence and questionable one eyed look at application of the doctrine of Rule of Law, is the attitude of the Aviation Minister (sorry minister for transportation-air) and the parties concerned, towards Virgin Nigeria Airline and Arik Air.

The international airport is the gateway to any nation. Visitors get a feel of the country and its people once the plane touches the tarmac. In Nigeria, the first thing that confronts the observant tourist is that Nigeria is a lawless country, a country with double standard and a country where with the right amount of money, you can get your way through. I am not talking about touts and the under handed non-declaration of items smuggled in without paying the require duties. These are hard to spot by a casual tourist, who wants a good time and sunny Nigerian environment.

It is the traffic of planes I am concerned with. The last time I was at the airport to pick my cousin, who flew in from Lagos , impatient, I called him and he maintained he is at the airport. When I asked with which flight, he told me it was Virgin airline and that the great iron bird vomited them at the international wing of the airport. I thought a mistake must have occurred and safety rules demanded for such infringement of a domestic flight to be found in a foreign/international nest. It is elementary rule that birds of the same feather flock together, so what is Saul doing among the prophets?
On this faithful day, Senator Udeh, member Senate Committee On Aviation, was among the passengers puked out from the Virgin Enugu-Abuja flight, also seen emerging from the international wing on a local flight was the former secretary to the federation, Mr. Ufot Ikayete and the secretary FCDA. These men of timber and caliber did not see anything wrong with this affront on Rule of Law and fair competition.

My investigation revealed that Virgin Nigeria and Arik Air land and take off on their domestic routes from the international wing of Namdi Azikiwe Airport Abuja and same obtains at Lagos and other internationally designated air ports in Nigeria . These two airlines are the only ones accorded this advantage. Other local airlines take off from the local wing. I asked an SA to a Senator, who was waiting for “Oga” why this is so, he replied, that he guess its because the international airport is underutilized. I replied, then the money invested into the construction of the airport is a waste. But when I reminded him that same favoritism operates in Lagos and accused his “Oga” of neglecting to protect other airline operators, we parted as in not too cordial exchange of “yabies” that would have made late Fela blush.
In a market driven economy, the market prices and responses to these forces, while satisfying your customers’ needs, determines success. This positioning of Arik and Virgin with active connivance of the ministry of aviation and the Senate Committee on Aviation is an undue advert that contravenes the concept of Rule of Law.
 


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