One may recall that recently most cases being prosecuted in court by ICPC and EFCC have suffered one set back or the other and even faced outright dismissal due to the tardiness with which they were handled. For example the case against the former Governor of Lagos State, Asiwaju Bola Ahmed Tinubu was thrown out because the ICPC rushed to court without obtaining the primary evidence (bank statement) needed to commence prosecution or indict him.

The impression was then created that Tinubu was being persecuted and not being prosecuted. In the case of OtunbaGbenga Daniel, the former governor of Ogun State, the case was temporarily thrown out because a condition-precedent needed to have been met by EFCC was not complied with before commencing prosecution.

In other cases, due to public pressure for it to commence prosecution some of these agencies slam as many as one hundred and seventy one charges as the case may be, which tends to suggest to a discerning mind that they appear to be gambling with the prosecution of accused persons. The case of Erastus Akingbola, former managing director of defunct Intercontinental Bank Plc was also thrown out by the federal High Court thereby creating a condition for appeal.

It is gratifying to note that no less a legal luminary than the respected professor of law, ItseSagay, a Senior Advocate of Nigeria equally holds the view that both the anti-graft agencies and the lawyers who shall be prosecuting need some time to do a thorough job to avoid unnecessary set-back in court when the actual trial of these indicted people commence.

Besides, within the interlude, the conveners of the proposed march need to articulate their demands before embarking on the march. With the benefit of hindsight, they need to shop for credible allies bearing in mind that during the January protest, the organized labour unions capitulated when it mattered most. They also need to disseminate information across Nigeria to would-be protesters to enable them know what they are protesting against and how to go about it.

Security arrangements

Even security arrangements need to be made because of the current security situation in the country.

To assume that everyone knows what the issues are was a cardinal mistake that was made in the January protest because once the army and police occupied the GaniFawehinmi Park at Ojota, Lagos, everyone went back home to continue with his usual itinery abandoning the “occupy Nigeria” project.

It may be recalled that on the conversely, a similar advice was offered to the Federal Government team at the Muson Centre, Onikan, Lagos by OlisaAgbakoba, Senior Advocate of Nigeria and other civil society leaders.

This writer even lent his voice to this view in private conversations with top government and petroleum industry chiefs on the side lines of the town hall meeting. At that dramatic meeting in December 2011, led by the Honourable Minister of Finance Mrs. Ngozi Okonjo-Iweala and Honourable Minister of petroleum resources Mrs. Diezani Allison-Madueke with the able support of the Governor of Central Bank, Lamido Sanusi Lamido, and the governor of Edo State Adams Oshiomole they were honestly advised to tarry a while and do more town hall meetings and carry the people along. Infact, Agbakoba was emphatic about the need to delay the full withdrawal of subsidy.

He asked, “why not wait for another six months or even a year so that the issues will be clearly understood by both sides before implementation?.” This was ignored and the result was the failure of the attempt to implement the policy with the most resounding public protest in Nigeria in about 20 years that nearly shook the foundations of the government.

In this case no one is suggesting such a long wait before a public protest can be carried out. The point is that at least one month or two may be needed by ICPC and EFCC and their Lawyers to do a thorough job.

If after this period nothing is done, then any protest would be justified and have the backing of majority of our people. I am in support of a protest but to paraphrase, Agbakoba, “why now? Why in two weeks? Why not in one or two months and indeed after government and anti-graft agencies have failed to do nothing?” The answer to these questions may lead to the success or failure of any organized march.

*Aham Njoku, a Lawyer and author wrote this piece.