My interest doubled following the recent report that Gani Fawehinmi has gone to court again. This time around, Gani is not in court to question the independence of INEC or to seek for an open democratic space. He is in court to raise other serious issues of law and to test the legality of the jumbo dollar salaries, being selectively paid two serving Ministers of Finance and Foreign Affairs. In Gani's suit, I also see an opportunity to test the worn out phrase that the courts are the last hope common people. It would be enriching to see how the court would answer the monumental legal questions, formulated by this legal conscience of our time.
It is not my intention in this article to make any statement that could be construed as a violation of the sub-judice Rule. I will merely highlight some legal issues raised by Gani and then seek to use the toolkit of morality and leadership in analyzing the views of pro-dollar salary advocates. Coincidentally, morality and law do intersect. Although law is not morality, top scholars of jurisprudence agree that there is a level of intersection between the two.
Now to Gani's suit. The suit is filed against the President of the Federal Republic of Nigeria. Joined as defendants are the Revenue Mobilization and Fiscal Commission, the Minister for Finance, Dr Okonjo Iweala, the Minister of Foreign Affairs, Olufemi Adeniji and the Attorney General of the Federation, Akinlolu Olujimi (SAN). The suit is challenging the annual dollar salaries of USD 247,000 about, 36 Million Naira and USD 120, 000, about 17 Million Naira being selectively paid to the Minister of Finance and Minister of Foreign affairs respectively.
In this historic suit, the irrepressible, Lagos lawyer wants the court to determine the following questions, among others:
• Whether any public officer, particularly, a minister of the Federal Republic of Nigeria, is entitled to be paid in foreign currency outside the currency prescribed by "Certain Political, Public and Judicial Office Holders (Salaries and Allowance, etc) Act No 6 of 2002, which prescribes a yearly salary of 794, 085.00 Naira.
• Whether the authorization by the President of the Federal Republic of Nigeria of payment of a minister's salary outside that prescribed in the Act of the National Assembly and in a foreign currency, is not an abuse of power under the constitution of the Federal Republic of Nigeria.
The fiery lawyer, is also seeking for certain consequential declarations, including an order to compel the two ministers to refund to the treasury any amount paid in excess since their assumption of office.
As the court's decision is eagerly awaited, pro dollar salary supporters have rushed to the court of public opinion with their sugar coated tongue and as usual are trying to dilute the miserably poor. The type of poverty here is one that does not respect age or academic qualifications. There are several instances of PH.D holders that cannot pay their children's school fees in local Universities. Of course they cannot conceive of sending them to the US, like the Minister. Many young graduates, after a grim search for non-existent jobs have taken to violent crimes. Our prisons are bearing the brunt of congestion and constant jail breaks as a result of this. There is a seething anger in the country as many are becoming disillusioned. The Naira has been reduced to mere filthy papers. Some people that have been hoping that the Naira will rise again, will now sing a "nunc dimittis" to hope, on realising that the highly rated Minister of Finance, who, they believe will come up with a clear action plan of saving this currency does not even believe in the currency.
Some other pro dollar salary analysts have sought to justify their positions, by saying that it is better to pay good salaries to discourage corruption and attract high flyers. I agree to some extent. But why must the enhanced salary scheme be selective? For quite some time now, the Nigerian Labour Congress has been at daggers drawn with this government. The bone of contention has been better condition of service for Nigerian workers. Their pleas have been falling on deaf ears. The situation in some private firms is unbelievable. I know a highly talented lawyer that is being paid a monthly salary of N=15,000. His annual salary is about N180, 000. We should also not assume that we do not have high flyers within the country. If anybody is in doubt about this, advertise the two positions and the person will be shocked by the resume of many Nigerians within the country.
There is another troubling aspect of the whole issue that hardly meets the eye, that is, the example we are setting for our future leaders. Many Nigerian youths have come to see that at the heart of the Nigerian crisis is leadership. Many of our youths are in desperate search, of leadership role models, especially leaders that are alive they could understudy. It seems that since the demise of the likes of Chief Awo and the great Zik of Africa, Nigeria is yet to fill the leadership vacuum. What the youths are being fed with are examples of how not to be a good leader.
As a student of leadership, I am further troubled that people I had thought are models of re-engineered leadership in Nigeria are not even conscious of the Irrefutable Laws of Leadership. Recently, in course of my self-imposed study of leadership, I stumbled on John Maxwell's 21 irrefutable laws of leadership. Law, number 18, states that "A leader must give up to go up" This is the irrefutable law of sacrifice. Gerald Brookes, another leadership expert, is of the view that "when you become a leader, you lose the right to think about yourself"
I feel strongly that people that are really keen to lead this country, out of the woods, must be ready to make sacrifices. Sacrifice here must be total. It must not be made in the fashion of a child, who wants to eat his cake and still have it. It is not a one off thing. In fact the law of sacrifice insists that one sacrifice seldom bring success. "Sacrifice is an ongoing process not a one time payment".
In conclusion, let this truth be told, as we await the court's decision on this issue: It is morally reprehensible for serving ministers of a highly independent poor country, where countless people are dying of hunger, deprivation and diseases, to be paid such a fat dollar salary that is not only unprecedented in the history of the country, but is equally outside the lay man's reading of the laws of the land.
urgency of this landmark search for justice, justice for the voiceless and long suffering Nigerians. Their views should not be allowed to go unchallenged.
I'm troubled by the views of one Olatunji Dare, a Nigerian, IT consultant in California, USA. His article titled "Much Ado about Dollars" published in the Guardian of Thursday, February 26, is a masterpiece in artful misanalysis.
In that article, Dare reviewed the intimidating profile of Dr. Okonjo Iweala, the Minister of Finance, which we know very well. Dr Okonjo was, until her appointment, the Vice President and Corporate Secretary of the World Bank. She gave up her job, to the applause of many of us, who are in desperate search for leadership role models in Nigeria.
Using that background as a premise, Dr Dare's argument could be presented as follows:
• The Minister was being paid in dollars, prior to her coming on board.
• She accepted a lower salary in dollars to enable her meet her financial obligations in the US, where her children are studying.
• Therefore, we should not make much fuss about her being paid in dollars.
A similar argument has also been proffered in defence of the foreign Affairs Minister, who served at the United Nations before being called to serve his country. I am emphasising "serve" because I am in real doubts whether many public officers in Nigeria are in governance to serve the people.
I find it intriguing that in all the views, I have read justifying this strange salary scheme, none of them considered the following facts:
• That there is a subsisting law in Nigeria that clearly provides for the salary of all Ministers.
• That the dollar salaries of the Ministers are being selectively paid, making other ministers and public servants look as if they are less endowed.
• And most importantly, that the reality on ground in Nigeria does not favour such an unprecedented salary. By the reality on ground, I mean the crushing poverty in Nigeria
All those facts do not bother the likes of Dare, who proudly tells us that he is an IT Consultant in the US, at a time his country is neck deep in crisis of hunger. For his likes, it is more important to set a precedent that would be favourable to the returnees before they can contemplate making the sacrifice of running home to save their country from the abysmal pit of bad leadership.
I feel a sense of anger and I am sure many Nigerians will be traumatised at this revelation of dollar salaries for public officials. For those who pretend not to know, Nigeria is ranked as one of the Highly Indebted Poor Countries in the World. Over 70% of the country's population are living below poverty line. People here are not just poor but
« return.