Ganduje: Let Due Process and Rule of Law Be Followed

On Monday 19th November, 2018 a Kano High Court granted an interim injunction sought by the Governor of Kano State Dr. Abdullahi Ganduje restraining Daily Nigerian Newspaper and Jafaar Jafaar, its publisher, from further publishing videos about Ganduje.

Daily Nigerian Newspaper has been releasing videos it alleged show the governor collecting bribe from contractors executing jobs for the state government with threat that more videos would be released.

However, Governor Ganduje has repeatedly and vehemently denied taking bribe from contractors, alleging on his own that the videos are doctored and meant to tarnish his hard earned reputation.

He also said that the allegations are politically motivated. He therefore approached the court to declare the publication as wrongful and a defamation of character while also demanding the sum of N3billion as damages.

Ruling on the matter, the court restrained Jafaar and Daily Nigerian, listed as the first and second defendants, and their agents from “publishing, sharing or spreading videos injurious to the plaintiff/applicant pending the determination of the substantive application slated for hearing on the 6th of December 2018”.

Earlier, the Kano State House of Assembly has set up an investigative committee on the matter but another court order halted the investigation citing the need to deal with and conclude a substantive suit related to the matter.

Understandably, the orders, first to stop the state House of Assembly from investigation and later halt further release of alleged bribe videos have combined to raise controversies and debates among members of the public especially on social media with some individuals and groups,

mainly civil society and related organisation clamouring that the Governor either resign his position or be removed by the state lawmakers while some others have gone to the extent of calling on President Muhammadu Buhari to intervene and prevail on the governor to step down.

It has become a settled matter that corruption is one of the major factors retarding Nigeria’s efforts at national development and growth; therefore if it is found to be true that Governor Abdullahi Ganduje actually took bribe from contractors as alleged by the video clips that would be a grievous offence which deserves appropriate sanction.

But like we have championed for other citizens, Ganduje should be accorded the constitutional right of innocence until guilty verdict is established by competent authorities like the courts of law.

Again, the Kano State Chief Executive should be given the right of reply and fair hearing so that he can exhaust all available legal and constitutionals privileges as provided by in the nation’s law books.

It will therefore be totally wrong for those of us who champion the cause of justice and clamour for the observance of due process and rule of law to turn round and say that the case involving Ganduje should be treated differently just because he is a serving governor.

The law, the constitution of the Federal Republic of Nigeria was written for the poor and the rich as well as those occupying leadership positions. Therefore what is good for the goose should equally be seen to be good for the gander.

It is on that premise that the call from some quarters, especially civil society groups for the governor to be hanged before he is found guilty is unjust able. This is especially so as Ganduje has vehemently denied culpability in the allegations.

The minimum that can be done is to give him fair hearing so that the mills of law take its natural cause to determine the veracity or otherwise of the allegations, no matter how long the process would take.

For it is better to set a thousand criminals free due to doubt than to convict a single innocent person.

It is also wrong to say that the allegation should be considered to be true on face value because of ‘video evidence.’

While one is not saying that the video is a false representation, it would also be wrong to advocate that the video be taken to be true without critical examinations, especially forensic scrutiny if need be.

The above is because while the social media has become a veritable source of credible information and news, there have been several cases of the social media been used as a tool for blackmail and fact manipulation.

Another reason why caution must be exercised and due process allowed running its full circle is that the 2019 general election is around the corner and politicians can go to any length to get at their opponents especially for a state like Kano where over 5million votes are at stake.

The fact that that the series of the alleged bribe videos were recorded for a period of over ten months mean that there were some powerful interests that may have sponsored it for obvious political gains.

Again, that is not a basis to conclude that it was doctored or not.

Ganduje should therefore be allowed to apply all means allowed by law to defend his person while stakeholders including the media, civil societies groups and especially politicians should stop sensationalising the allegation as that has the potency to overheat the polity at this eve of a general election.