Kwankwaso CANNOT be tried sucessfully

[_Waziri_]

?Wanda Allah ya bai Sarki,
Ko anaso dole abishi,
Ko ba'a so ma dole abishi,
Wanda yacce baison sarki,
Wannan da Allah ka jayayya!!!!!?

Mai daji Sabon birni: A Hausa Minstrel

Should Kwankwaso face EFCC or not? What will eventually happen if he should face EFCC? What is the position of his crime in Islam and what punishment should be meted to him if a Shari'a court were to try Kwankwaso?

These are the questions I intend to attempt at providing anwers to here. Cos' as my mentor would always advice me saying: do not criticize but rather analyze, so I hold unto the guns of keeping on the watch that I may not indict unfairly. I will also make some predictions at the end of my analysis.

First, Shekarau is only wasting his and our time; he knows quite well that Kwankwaso will eventually come out of all the charges against him clean. As a result I submit that he should not be tried in anyway. EFCC cannot get hold of Kwankwaso no matter the strategy it employs. This is because of the legal structures in our country nay the world at large, which grants leaders the position of Chief a security officer of their respective domains of leadership. They remain the chief decision makers exercising veto power at the time of their rule. As a result no matter how many billions got lost under their tenure nothing can be done about it. They can always explain it in security terms and they must be believed. This is the reason why I believe Shekarau to be wasting his and our precious time on this case.

This is also the reason why EFCC cannot do anything about Kwankwaso. Perharps it can if and only if Kwankwaso allowed it.

How about if it were under Shari'a?

Here we must understand the difference between stealing and theft in Islam and mis-appropriating money or resources by leaders. While the former is understood to mean: Entering where one is not authorized to enter and taking what does not belong to him out from there. The later is understood to be betrayal trust, one is trusted with management of resource but he chose to put it where he was not expected to.

In Islam while the former attracts the punishment of amputation, the later attracts only ta'azir , warning, removal from that office, or asking him to return the money back if there was any superior officer around to implement that. In a situation whereby a leader  can depend  all his spendings, then no matter   what or how nothing can be done to him( you can see here that even under Shari'a what Kwankwaso needs is just a very smart story with fine fittings to succeed). Also if there was no any superior officer ahead of him, there is nothing then to be done about him. People then must be patient until when God did other wise.

We can see from these that whenever we have a leader we cannot have any legal structure within human means that can check his excesses very well. Perhaps Islam knew all these things. That is why it insists on conscience as an ultimate checker of every leader's action anytime than any legal structure. Also I believe it is our marriage with this Islamic culture for centuries that makes us ably produce leaders in northern Nigeria that are able to merge their words with action to a higher degree than other governors from southern part of the country. Go to the southern part of this nation and access the governors for certainly you will be shocked. But over here any body who passed thru' a tertiary institution of learning in my state from 1999 to date can say with pride that he enjoyed free tertiary education. My state government gave and still gives 15 thousands Naira each year for every science student. Of course we do not expect government to do everything for us. If we look at things from this perspective we will say our governors have tried. In Kano also, Kwankwaso has executed more than 600 physical projects of which only very few where found to be flawed. There are also people like Bafarawa with the amount of achievements they have recorded over these years. Truly the conscience of our governors has been checking them for us. At another level they represent the prototype of those imbued with the Islamic culture.  This is not to say they do not hoard for themselves from the government's treasury for the following reasons:

In the past leadership is a place that people go never to step aside except at death. Thus our parent did not suffer from the haunting spirit of reelection. There was no spirit of second term to bug them. As a result, they ruled with very good sense of management and where able to give others their dues with respect. But now the situation is different. At an appointed time a leader is expected to step aside for another "winner" to assume his position and as such he is insecure, he has to go for the option of preparing for a rainy day. So he hoards and hoards money. He appropriates and misappropriates even though we are yet to come up with good and fair ways of checking his excesses.  So we continue. But as far as leadership is concerned the truth remains, as Me Daji Sabon Birni would poetically articulate:

"Wanda Allah ya bai Sarki,
Ko anaso dole abishi,
Ko ba'a so ma dole abishi,
Wanda yacce baison sarki,
Wannan da Allah ka jayayya!!!!!?
So let Shekarau allow Kwankwaso be. For nothing can be done.

[Indabawa]

"...duk wanda Allah ya haska,babu wanda ya isa ya dusashe..."

                                         - mal. Ibrahim Shekarau

These words of the executive governor of Kano state exactly amplifies the same meaning with Mai Daji Sabon Birni's poetic admonition:that whosoever God decided to bless with power (or any blessing for that matter),it would be foolish to challenge or ridicule his authority.I think this was what the former governor,Rabiu Musa Kwankwaso tried to signify by his unbecoming rebbufing and his eventual refusal to appear before the administrative panel that was constituted to clear some gray areas that concerns some vital issue of governanace.And i believe that is exactly why Kwankawso was actually TRIED.

The issue that was the bone of contention as we all knew, was the position of treasury of the state when Kwankwaso was driven out of power by the votes of Kano electorates.The defeated governor claimed in his handing over notes that he left N3.9bn,while the incoming ANPP government instead, found N347m only.This fundamental discrepency in the actual amount of money left by the out going government compelled the Shekarau govt to invite Kwankwaso for an "explanation",but the democratically perplexed water engineer, refused to comply, perhaps not believing that his ertswhile P.S cum class room teacher could summon him for anything.

Worthy of note again, was the sadistic last minute projects(may be counted among the over 600) that the defeated governor instituted at the verge of their moving out.These "projects" for all intent and purpose were done in order to frustrate the incoming government.Among the projects under discussion, were the senseless creation of additional 37 local governments,employing 1000 workers and last minute "completion" of projects.

All these as can be seen, were not done in good taste but were deliberately done in order to "punish" Kanawa for overwhelmingly rejecting the government.

The people naturally look up to the incoming government with an unprecedented high hopes and expectations.This ostensibly make the new government appear to be helpless in trying to grapple with the new and more challenging responsibilities.However, in trying to clear the "errenouos" impression that the Shekarau have no any excuse for not "building" on what they have been busy doing to an ungrateful Kanawas,Shekarau had to clear the issue of the 3.9bn fat treasury, hence,  the instituting of the probe panel.

Consequently,in a widely publicised public hearing of the panel's proceedings,damning and incridble tales were heard in which monies meant for students upkeep were wickedly diverted for selfish reasons.Moreover,shocking evidences also emerged on how "His lordship" ignores all laid down procedures,and informed advices, from his SSG and a late commissioner (may his soul rest in peace) on ecological fund.The former governor scandalously ignored the execution of more deserving projcts,he instead, resorted to constructing culverts!Despite all these,over 800m could not be accounted hence another need for him to come forth and clear his "hard earned" integrity.

As can be seen from the foregoing therefore, Kwankwaso was given an ample opportunity to clear his name and that of his government, but the man arrogantly rebuffed all the entrities.

Therefore,the issue now is wether the system would allow for the fair and just PROSECUTION of a publically and administratively indicted culprit.It remains to be seen wether kwankwaso would fear ALLAH and refund all the moneies that he knows are not legitimateyl his own.

As for his trial,i am afraid that he has already been tried by a duly constituted body and most importantly by people of Kano, who are now wiser to the kind of "leaders" they sometimes unfortunately had to bear with.

Then if he were "lucky" to jump the gun through the manipulation of our inperfect system,i believe that he and his type could never escape the just judgement and PROSECUTION of the supreme, WHO is all hearing all seeing.

[/i]

[SAAHIB 92]

indabawa


Dadi na da gobe saurin zuwa..... mu gargadi mai gina ramin mugunta!!  (allah ya ji kan mamman shata.)

nobody, and no one.....absolutely no one is abv the law.the trial must succeed insha'allah hakkin jama'a na jama'a ne.don haka jama'a suna bukatar hukunci akan kari. komai nisan dare gari zai waye.

[alhaji_aminu]

Salam

Why does Waziri title his post " Kwankwaso CANNOT be tried sucessfully".?
Is it a statement of fact based on the laws of the land or is it an opinion of his which I, respectfully, think is flawwed?

I am shocked to hear that you said, First, Shekarau is only wasting his and our time; he knows quite well that Kwankwaso will eventually come out of all the charges against him clean.  
You are, in essence, predicting or is it concluding that the case, even thought it has merit, is un winnable. This is defeatist mentality........

May I remind you of a story about the son of Amr-al-Aas, in Misr, who, in his arrogance, thinks no one can bring him to justice because he is of noble blood. I am sure you know how the story ends......

Also, just because the EFCC, being a government institution under the horrendous and despicable PDP regime, will frustrate the charges filed against the Kwankwaso does not, not by one bit, justfy withdrawing the complaint. I mean if the EFCC shirk their responsibility then is it not them who, on yaum-al-akhira, will answer to Allah the most high?

If I were the governor of Kano, I will be in tears trying to explain to the multitude of school childern, who's funds were diverted to do who knows what, that we cannot rectify the situation; No, we cannot do anything about it because the EFCC will floor us.
No mallam Waziri. I'll say to them that , I did the best I could, including the filing of charges against the suspected person who looted your funds.. That, Waziri, is the most noble way to dispose of this case.

You raised a very important point about how under the Shariah a person accused of diverting funds can only be warned or rusticated. But the issue here is much more that the diversion of funds. The issue is about chin amana, karya, da sharri .  If the punishement for these offenses under sharia is a warning or ordering him to return the monies or removal from office, then let it be.

Let's not forget a how damning an indictment is on public officials. It can delegitimize them and in some instances, make them unfit to stand for office (remember Hajiya F Ibrahim in Borno, the ANPP candidate for senate).

Let me end by saying I fully appreciate where you are coming from. That is, in the Nigerian context, public official accused of looting are untouchable and trying to sue them of probe their activities is futile. Yes that might be true. But until we try and fail and try and fail and try and fail and try and succeed, who do we know there will be light at the end of the tunnel?

Allah ya taimakemu gaba daya............amin.