I was once brought for trial in an unconscious state – Ex-Rep Dagogo

Hon. Farah Dagogo, a former member of the House of Representatives and governorship aspirant on the platform of the Peoples Democratic Party in Rivers State in the 2023 elections, speaks with DENNIS NAKU in this interview. Dagogo, an ally of former Vice President Atiku Abubakar, recounts his arrest and 63-day detention following a disagreement with ex-Governor Nyesom Wike, and his recent discharge and acquittal of all criminal charges by the court a fortnight ago. Excerpts:

Now that you’re a free man.  Can you share the incidents in the build-up to on April 28, 2022, at the venue of the governorship screening exercise?

Before I answer this question, let me crave your indulgence to start from my freedom and all those who stood up and fought for a just cause, when they could have simply looked the other way. This battle and struggle for my freedom was fought and borne by a whole lot of people. It is then trite to first acknowledge and salute, once more, the efforts and support put in by these people while the whole saga lasted. My depth of appreciation extends to the head of my legal team and other members of the revered legal profession, from Bayelsa and Lagos states, to Abuja and those in the diaspora, who not only gave quantitative advice but were upright and fought for a just cause.

I want to also profusely and profoundly and with all sense of utmost humility, thank the galaxy of men and women, old and young, civil society organisations, the noble bearers of the Fourth Estate of the Realm, student bodies, members of the medical practitioners, my esteemed colleagues then at the National Assembly, friends, associates, followers, people of my constituents, veracious minds of the New Media, the Ijaw National Congress, the Ijaw Youth Council, the diaspora bodies, prominent sons and daughters of the Niger Delta region, astute politicians, international bodies, various socio-political groups, the clergies, my staff and so many more that stood up for this truth and fairness that this court has finally given us. The list is simply endless and inexhaustible. My apologies if there are any omissions.

My appreciation

You see and to put it succinctly, these acts of valour by these groups of persons and bodies conform with the spirit and ideas of one of the greatest of all French writers, Voltaire, the pseudonym used by Francois Marie Arouet, who vigorously as far back as the 17th Century, propagated the need to safeguard innocent persons from the claws of tyrannical leaders, who are averse to contrary opinions, especially those that are at variance with their self-serving pursuits. That gave birth to the now evergreen Voltaire’s quote: “It is better to risk saving a guilty man than to condemn an innocent one.”

Now what transpired? I really would have preferred not to talk about it, because all that happened is now in the past. However, for the sake of posterity, it wouldn’t be fair to allow one side of the story to run. Yes, a whole lot of people have spoken in my defence when I was in incarceration, so from the horse’s mouth, let me amplify it. I was arrested and incarcerated on barefaced lies. The fact remains that there was no disruption of any kind before, during and after the said the PDP national and state assemblies screening exercise. That exercise commenced from the 27th of April till the wee hours of April 28th. The whole exercise was peaceful. Journalists were there. Your colleagues covered the screening exercise. Was there actually any disruption? Why was there this unholy silence from the mainstream media? No single picture or video of the supposed violence that was somehow linked to me in this jet age of mass media! How did I even become the point of discussion? I was never there on the aforementioned day. I wasn’t contesting for any legislative positions. So how did I get entangled and roped into a non-existent disruption? I was a governorship aspirant! I was contesting for the governorship position and was arrested at the venue of the governorship primary. It was all pre-planned to take me out of circulation because I had done my homework and was sure of victory. They were all trumped-up charges. That was why those people who connived and went as far, in their vain bid to reinforce their lies on my orchestrated incarceration, debased even the sanctum of the Lord, not forgetting their well-documented, blasphemous and heretical talk. Yet, when the onus was upon them, they were unable to prove their case in court.

The judgment

In exonerating me of all charges, the judge, Justice Chiwendu Nwogu, in his ruling, said, “Justice is not only for the state, it is also for the defendant, whose freedom has been limited since the commencement of this suit on 9/5/2022. What I see in the prosecution is a complete loss of tempo to prosecute this case any longer. The dexterity on the part of the prosecution to prosecute this case is no longer there, but gone, hence the resort to the applications for these numerous adjournments.”

That statement in the ruling further reinforces the clear belief held by me and other rational thinkers that it was all politically induced. Remember, at a point during this trial, I was brought to court in an unconscious state, how come the “complete loss of tempo” by the prosecutor when it now mattered most? This is because when you attempt to build something on a faulty foundation, it is just akin to building something on nothing. When that foundation is faulty, no structure can endure. So rightly, I was discharged and acquitted for lack of diligent prosecution.

You spent 63 days as a National Assembly member in detention before you were granted bail and another two years of legal wrangling before you were discharged and acquitted. What were the lessons learnt and, using your ordeal as a case study, how does it help our democratic governance in the aspect of the rule of law?

There should be consequences for abuse of power, as experienced in my case and others also in the public domain. I consider it another sober reflection on our democratic journey thus far. As a way of moving further, I am tempted to pose the following questions: Have we realised the true tenets of democracy? Is there any meaningful difference between what we currently practice and anarchism? Why are revolutionary pressures and feelings of dissatisfaction everywhere? Let me state unequivocally that democracy as practiced today in Nigeria still has a long path to efficiency. The key dividends of democracy, namely liberty, rule of law, virile electoral process, sovereignty of the people, independence of the judiciary, majority rule, minority rights, constitutional limits on government, freedom of association and expression, social, economic, and political pluralism, and values of tolerance, pragmatism, cooperation, and compromise are very much ineffective in our polity and are subverted. Our country’s first President and sage, Dr Nnamdi Azikiwe, prophetically warned about this, when he said, “Without respect for the rule of law permeating our political life, Nigeria would degenerate into a dictatorship with its twin relatives of tyranny and despotism.” Is that not relatable to our Nigeria of today? Even American former President, Barack Obama, posited that Africa has strong individuals in place of institutions. It is true with Nigeria because we seem to have individuals, especially state governors that are stronger than the institutions of the state. To get out of this dungeon, we must restructure and strengthen the institutions. The overbearing dictatorship of government power must be halted.

Would you be exploring further legal options, considering how you were arrested and denied participation in the governorship primary? Do you nurse any grievances towards all those you believed plotted against you?

I am a Christian, a very good representation of that. I believe everything in life is fated, and bound to be. I strive to learn from the outcomes and keep it to heart. According to Confucius in his now popular quote, “Before you embark on a journey of revenge, dig two graves.” Is that really necessary? Would it make our state grow and prosper? I regret nothing because I believe that was how God had destined it. As the great Martin Luther King Jr. once said, “We must accept finite disappointment, but we must never lose hope. Only in this way shall we live without the fatigue of bitterness and the drain of resentment.”

Let me reiterate what was already scripted in our Bible, Ephesians 4:31-32; “Let all bitterness and wrath and anger and clamour and slander be put away from you, along with all malice. Be kind to one another, tender-hearted, forgiving one another, as God in Christ forgave you.” With all this in mind, let me for the umpteenth time say that I have forgiven all transgressions and injustice against me and moved on. Yes, there are judicial options very open to me: violation and abuse of my fundamental human rights, unlawful arrest, malicious and criminal prosecution, unlawful and unjustified detention, and many more. There are decided cases to that effect that I know could aid it if I chose that path. For instance, in the case of Ozide & Ors. Vs Ewuzie & Ors. (2015) LPELR – 24482 CA, the court held that “The law is trite, that damages in compensation, legally and naturally follow every act of violation of a citizen’s fundamental right.” See Section 35 (6) of the 1999 Constitution, as amended OSIL Ltd Vs Balogun & Ors. (2013) ALL FWLR (pt.677) 653. Another cited example was the case of Jim-Jaja Vs C.O.P. Rivers State (2013) 22 WRN 39 at 56, the Supreme Court held, “A community reading of Sections 35 (6) and 46 (2) of the Constitution (supra) will give effect to the principle of Ubi Jus ibi remedium. By Sections 35 and 46 of the Constitution, fundamental rights matters are placed on a higher pedestal than ordinary civil matters, in which a claim for damages resulting from a proven injury has to be made specifically and proved. Once the appellant proved violation of his fundamental right by the respondents, damages, in the form of compensation and even apology, should have followed.”

Those are options I could have pursued but, as I said, I have forgiven all transgressions against me. My name has been cleared. I never committed what I was accused of. If I choose to continue pursuing it, it is the state that would suffer for it and, by extension, the people. I will definitely get a favourable judgment for compensation, but to whose detriment? The people, of course. The country and the states are bleeding as it were, and I do not wish to add more burden.

Was there any sort of help from Governor Siminalayi Fubara that aided your exoneration?

No. If you are asking if there was a political understanding, absolutely nothing of such. I never had any discussion with the governor or his emissaries. The judgment was clear because what they accused me of were lies, they couldn’t defend it in court. The case ran its course. But again, I think the most important thing is I have been fully cleared of all charges, that is paramount.

Many people were shocked to see that you still supported and voted for all PDP candidates in the 2023 general election, especially that of the Rivers State governorship election. Why did you do that?

I am a committed and true party man. I have been able to represent my people at both the state and National Assemblies and the vehicle that conveyed me to that height was the PDP. I chose to remember the good times at my most pained time when I knew that the PDP National leadership took sides and failed to act on my unjust disenfranchisement when the party clearly had the powers to right the wrongs done to me. If I had turned against my party then, a whole lot would see the merit of my reasons. Still, I did not allow that unwarranted injustice to becloud me and get in the way. I did my part and did it justly. That is what a good party man, a good sportsman would exhibit, especially when things are not going your way, always remember the good times.

Prior to the PDP primary of 2022, you had pledged, if elected governor, to work with the state Assembly in vacating the perpetual injunction on the state’s finances by welcoming anti-graft agencies to look at the books. Is your planned move similar to Governor Fubara’s plan to investigate the tenure of the immediate past governor and those of the 23 local government chairmen whose tenure just elapsed?

What is good for our dear state is accountability for the people of the state, to know how our commonwealth, our shared patrimony was managed by those saddled with those responsibilities. It requires a very strong political will. As Mao Tse-tung was quoted to have said in his manifesto written in July 1919, “Heaven and earth are aroused, the traitors and the wicked are put to flight. Ha! We know it! We are awakened! The world is ours, the nation is ours, and the society is ours. If we do not speak, who will speak? If we do not act, who will act? If we do not rise up and fight, who will rise up and fight?”

The governor has to go beyond a panel of inquiry. He should implore the state Assembly to vacate the perpetual injunction on the investigation of the state’s finances so that graft bodies like the EFCC, ICPC and others can have access to our books. Through this, the financial rascality of most public officeholders who see the state funds as their own and spend it impiously without elements of frugality and budgetary discipline would be stopped. That blocking of financial leakages is a critical factor in saving our state and putting a stop to the sinister dictatorship of one organ of government which almost makes the head of that institution a suzerain, as he or she willingly uses the commonwealth as a spoil to the detriment of other organs of government.

As a stakeholder in the state, what is your take on the political upheaval between the camps of Governor Fubara and ex-Governor Nyesom Wike?

I think this should be a time to be circumspect. As politicians, is the well-being of the people our major focus? The state has lost a lot and with the current political upheaval, the state is suffering more. I think if we mean well as politicians for the well-being and growth of our dear state, concerns should be more on how our state should grow and not be stifled by these unhelpful distractions. Elections have come and gone, from the national to the states, we have people constitutionally and legally recognised manning those positions. We have no choice but to accept the consequences of the outcome of the last election. While we await another round of elections in 2027, it is incumbent to support the government of the day, both federal and state. So in Rivers State, I will urge all those fanning these political embers of war to sheath their swords and rein in their supporters and followers, because whether we like it or not, Rivers State can only thrive in a peaceful atmosphere, where investors would be confident of stepping in.

What’s your next political step and with your preferred candidate in the last presidential election and former Vice President, Atiku Abubakar, still nursing ambition of re-contesting, will you still support him?

The next round of elections is still far away. At the appropriate time, I will make my intentions known. I am a committed and dedicated party man and my support for Atiku Abubakar has not withered. For now, let’s focus on governance and see how we can continue contributing our quota by constructively criticising those holding our mandate in trust. As it is now, it is crystal clear to all of us that the economy is biting hard, it will be very insensitive to be discussing 2027 with all the pains, sufferings and hunger in the country.