Sex scandal: A dent on lower chamber’s armour
ADELANI ADEPEGBA examines how allegations of sexual misconduct against public officers are treated in Nigeria
For the three years that James Entwistle
has been in the country as the United States’ Ambassador to Nigeria, he
has never been known to court controversies. But his now famous letter
to the Speaker of the House of Representatives, Yakubu Dogara, has
further fouled the national atmosphere which was dense with offensive
details of how the national treasury was looted by politicians in
cahoots with military officers.
The Ambassador, in a letter dated June
9, 2016, addressed to the Speaker of the House of Representatives,
Yakubu Dogara, alleged that three members of the House, Mohammed Garba
Gololo (All Progressives Congress, Bauchi), Samuel Ikon (Peoples
Democratic Party, Akwa Ibom) and Mark Gbillah (APC, Benue) had, on a
recent visit to the US for the International Visitor Leadership
Programme, brought disrepute to the parliament by soliciting for sex
from prostitutes and grabbing a hotel housekeeper in a bid to rape her.
The affected lawmakers have denied all
the allegations and threatened to sue the ambassador and the US
Government for “character defamation and a calculated attempt to
ridicule the National Assembly.” In its response, the House leadership
simply set up a panel to probe the alleged crimes.
Entwistle who is about concluding his
tour of duty in Nigeria, seems to have timed his bombshell to explode as
he was about leaving the country. To demonstrate how seriously it
viewed the case, the US mission in Nigeria had cancelled the visas
issued to the lawmakers, barring them from future trips to the United
States. To deepen the controversy, the US embassy has refused to speak
further on the envoy’s letter.
Many commentators believe Entwistle
could not have made the allegations of sexual misconduct public if they
had not been investigated and established by American law enforcement
agencies. Though, the onus is on the American government to prove the
allegations against the lawmakers, Nigerians find it curious that the
affected lawmakers did not raise the issue or express ‘righteous
indignation’ when they got back to Nigeria from the US. Perhaps, they
elected to abide by the maxim, ‘whatever happens in Vegas stays in
Vegas.’ They were obviously mistaken because the alleged misconduct
happened in Cleveland, Ohio, which has a different culture and values
altogether.
Many have called for the recall of the
lawmakers by their constituents, if they failed to resign. While such
calls are valid, they are not legally binding. Gololo, Ikon and Gbillah
would probably have resigned if they feel whatever was left of their
integrity deserved to be protected, but they have chosen to stick to
their guns and carry on as if nothing is amiss.
What happens in other climes
Reports of similar incidents from around
the world indicate that accused lawmakers usually face criminal trial
where they get to prove their innocence. In some cases, accused
lawmakers merely face criminal investigation which may not progress to
trial if the allegations could not be proved. An accused public official
may also face suspension from office even when he has not been declared
guilty by a court of law. Some, however, elect to resign their
positions.
In an action with no precedent in
Vermont, United States, the state Senate voted in January, 2016 to
suspend a lawmaker who faces criminal sex charges that could send him to
prison for life. Sen. Norman McAllister, a County Republican, was
arrested outside the Statehouse and arraigned the next day on three
counts of felony sexual assault and three counts of misdemeanour
prohibited acts.
Prosecutors said McAllister sexually
assaulted two women who were tenants and employees on his Highgate dairy
farm and solicited a third for sex. One of his accusers worked for him
at the Statehouse as an assistant. McAllister, 64, has maintained his
innocence and rejected calls for his resignation.
McAllister, the longest-serving GOP
speaker in Vermont, was also accused of paying hush money to cover up
his sexual misconduct with a male student. Senators said that in
suspending the lawmaker, they relied on legal analysis by Senate
Secretary, John Bloomer, and on the Legislature’s legal staff. They
pointed to instances in California in 2014, when two senators were
suspended while facing corruption charges and a third was suspended
after a conviction for voter fraud.
Senators who backed McAllister’s removal
said his presence and subsequent media attention over the criminal case
were interfering with Senate business. They also said the Senate had a
responsibility to guard against sexual harassment in and around the
chamber.
Senate Majority Leader, Philip Baruth,
said other public officials, including teachers and police officers,
usually were suspended from their jobs while criminal or abuse-of-power
charges were pending against them.
“If a senator is criminally charged with
assaulting just this sort of person, someone in a service capacity in
the Statehouse, do we allow that senator to wield that same power over
those who are in our care and have been entrusted to us?” Baruth asked.
In May, 2016, a French lawmaker, Denis
Baupin, who was accused of sexual harassment and sexual assault,
resigned as vice-president of the lower house of parliament, but did not
resign from the house.
Baupin who denied any misconduct,
explained that he resigned his position to be able to defend himself.
Four women had accused him of sexual misconduct, including Sandrine
Rousseau, spokeswoman of the green party, EELV, who said Baupin put his
hands on her breasts and tried to kiss her by force in 2011.
Another lawmaker, Isabelle Attard said
she suffered “almost daily” harassment through explicit text messages in
2012 and 2013. Following the accusations, the Paris prosecutor
announced a criminal investigation against Baupin.
After years of glossing over sexual
misconduct by senior officers, the US military has stepped up
investigations of high-ranking officers for sexual assault, according to
a Washington Post report, which observed that the armed forces had
ended its traditional deference toward senior leaders as it cracked down
on sex crimes.
Since September, 2015, the military has
court-martialled or filed sexual assault charges against four colonels
from the Air Force, Army and Marines. In addition, a Navy captain was
found guilty of abusive sexual contact during an administrative hearing.
Historically, the report added, it has
been extremely rare for senior military officers to face courts-martial.
“Leaders suspected of wrongdoing are usually dealt with behind the
scenes, with offenders receiving private reprimands or removal from
command with a minimum of public explanation,” the newspaper noted.
That has gradually changed as the
Defence Department — under pressure from Congress and the White House
decided to address sexual misconduct in the military. During the federal
fiscal year that ended Sept. 30, 2015, 116 officers of all stripes were
court-martialled, discharged or received some sort of punishment after
they were criminally investigated for sexual assault. That was more than
double the number from three years earlier, according to Defence
Department figures.
Analysts call for further investigation by security agencies
A security analyst, Max Gbanite, called
for further investigation into the allegation, which he said could be
true, stressing that the US government has nothing to gain by defaming
the lawmakers.
According to him, the only reason the
lawmakers were not arrested during their stay in the US was because they
were carrying diplomatic passports which gave them protection from
arrest and prosecution.
Gbanite stated that under the US law,
the complainants could file a civil suit against Nigeria because the
lawmakers came to US as Nigeria’s representatives, noting that the US
court would easily grant them a lot of money as punitive damages,
stressing that it was important that the speaker investigate the
allegations further and take disciplinary action against the lawmakers,
if found wanting.
Gbanite said, “The US Ambassador cannot
create a story; this is not the first time Nigerian lawmakers are
travelling for one seminar, conference or course, and all those times,
nobody has deemed it necessary to bring any complaints against any
member of the house or senate.
“Why would the current rep members that
were identified claim that the allegation was wrong? The US government
at this particular point in time has nothing to gain by defaming the
characters of these honourable members. They put themselves in harm’s
way.”
He carpeted the lawmakers, saying they
demonstrated what he called primitive behaviour and should be sanctioned
if the allegation was found to be true after investigation.
The analyst observed that this was not
the first time members of the National Assembly visted the US, United
Kingdom, France and other parts of the world for conferences and
seminars, without incident.
Another analyst, Ben Okezie, said the
security agencies should invite the men for questioning to ascertain the
veracity of the allegations against them.
He said, “In other climes, they (the
lawmakers) would have been invited for questioning by the secret service
and if they were found wanting, their constituency would have called
them to question. But you can’t judge them until after investigation, so
the House of Representatives should ask the Interpol to find out.”
A retired military officer, Lt. Col.
Sola Oremade, also called for a thorough probe of the incident, which he
said had further dented the nation’s image.
“A thorough investigation should be
carried out, but I am sure the allegations cannot be false. If they are
indicted, the law should take its course.” Oremade said.
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