Preamble

Well, in weeks to come, the story will probably read a lot different-the case most probably will be quietly swept under, and we’ll all live happily ever after?

And "Hon" Doruwa will continue in his capacity as a lawmaker in Zamfara, Zam what? I said Zamfara? His capacity strengthened by his Saudi experience, which he’ll now fully employ to making Zamfara a model state in Nigeria? A very bad joke.

So, sometime in the future come’s a lesser-known Nigerian, a non-law-maker, as Nigerians are wont to say "a common man". Who commits a trivial crime and he will take the full brunt of Saudi institutional frustration and we’ll all be happy. The Nigerian government says nothing and the Saudi authorities will be somewhat placated.

Reads like a decent conceptual script for a good-plotted Nigerian home video, doesn’t it?

Well I’m a pragmatist so forgive my sometime-narcissistic views. But when you’ve experienced diplomacy at work and you’ve grown within the ranks of the traditional " good old boys" network you acquire a taste for cynicism especially in matters concerning politics and diplomacy, where the "rules of engagement" are rather gray.

As pragmatist I caution proper situational analysis to facilitate proper understanding for proportional reaction, but sometimes I just love "rhetoric" even if for its pure excitement value.

So while there’s been so much rhetoric and flack from Abuja in the last two weeks particularly directed at the Saudi’s and to a larger extent Cameroon. All-positive in my opinion, because just maybe there’s a new sense of diplomatic purpose, intentionality and perhaps a hint of national realization.

Senator Doruwa’s unwelcome public relations coup isn’t very good for Nigeria’s image, not at a time Nigeria is crazing for some positive public relations from somewhere to assure and attract international aid and the international business community.

Otherwise, for once, I’m thinking the governments situational reaction has been spot on, even if there’s a hint of sadness to the possibility that Senator Doruwa may escape the brunt of sharia law, which I’m sure he’s conversant with as a lawmaker from Zamfara State.

But I’m also worried about the level of seeming ignorance and confusion as to which government is on the right and which government is on the wrong. In truth and from my perspective I think there’s a misunderstanding of concept somewhere?

Whom by on the Nigerian side I can’t quite tell? I’m wondering, is it the Guardian writer Oghogho Obayuwana or the Nigerian foreign ministry?

I bear in mind that the Saudi detention of senator Doruwa for four months without trial, which isn’t surprising without sounding derogatory, is all so unfortunate.

That senator Doruwa broke Saudi law by his shameful acts isn’t in dispute, that he was in possession of a diplomatic passport is another issue, that he’s been detained for four months without trial I believe is the main bone of content added to the diplomatic passport angle, all this without going in to specifics of he said committed crime.

So perhaps Nigerian deputy Minister Onyia better articulates the contextual principle behind Nigeria’s reaction, "the indecent" manner Saudi laws are routinely applied on-sic its-Nigerian citizens" and "…and the wanton" amputation of Nigerian convicts…" etc

Applicable Articles of the Vienna Convention and its Optional Protocol of 1961 are more context specific to the Doruwa of issue because of his travelling passport and the involvement of the Nigerian and Saudi governments.

While arguments (under International Law) in support of Senator Doruwa could be facilitated perhaps under certain articles under the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights (1966), Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (1984) and International Covenant on Economic, Social and Cultural Rights. Contextually Doruwa’s case is at the government level-Nigeria/Saudi Arabia, added to that is the diplomatic passport factor thus the applicability of the Vienna Conventions and its Optional Protocol. But these are purely technicalities and I’m not a lawyer. So my view is more moral and in this case.

While I remain nominally positive in a pragmatic sense about the Nigerian government’s reaction to the mistreating of a Nigerian citizen, I think the moral trade-off in the Doruwa case is way too huge from a futuristic perspective. The interplay of issues and the long-term socio-moral and socio-political implications will hurt Nigerians on the long-term.

However, we all know factors as national-preservatory instincts, regime survival, national interest etc, expediency forces states to inadvertently violate most articles and guiding principles behind every multilateral treaty, agreement and protocol, and historically that of the Vienna Conventions.

So in theory and diplomatic practice while the detention for four months of a Nigerian House of Representative official travelling on an official Nigerian diplomatic passport is in violation of Articles of the Vienna Conventions, in essence its not too far fetched especially with Nigeria being an African country (generally there are two rules. One for Africans and one for non-Africans before the actual culture-racial differentiation’s sets in. Events at the recent G-8 meeting further accentuates my point)

While clearly true that "As a friendly country which Nigeria traditionally has warm bilateral relations with, it is expected that Saudi Arabia should accord our citizen their rights in that country," quoting Nigerian deputy minister Onyia. It’s also important to note the articulated moral obligations in articles of the Vienna Conventions and its Optional Protocols in reciprocation to facilitate applicability.

I’m thinking, if Doruwa had any common he would’ve been a little careful about where to export the finer behavioral trait of our cultural identity.

Wider implications are that while Articles ’29 " the person of a diplomatic agent shall be inviolable" and ’31 facilitate Nigeria’s position, there’s a direct moral obligation which is accentuated by Article "41 (1) "Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities (see also articles ’33, ‘55 and ’37) to respect the laws and regulations of the receiving states". Another article furthers…. "Persons falling under the diplomatic agents category also have a duty not to interfere in the internal affairs of the state…." which Sani Ibrahim Doruwa clearly contravened.

Without this article reading to legalistic there are so many fundamental questions of moral and ethical proportionality. Because the reference point for the Nigerian position, which is the Vienna Conventions, is issue specific as to the categories of persons that are inviolable, their rights and most importantly their "duties/obligations".

See is Article ’37 (2) "…enjoy the privileges and immunities specified in Articles 29-35, except that the immunity from a civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties…" In this case except the Nigerian foreign affairs ministry insist otherwise, senator Doruwa has clearly violated so many articles in a convention made to protect his rights except if money laundering and bribing to free convicts is part of our national strategy and senator Doruwas was clearly doing an official duty?

So Nigeria’s cry off abuse against her Senator Doruwa would hold more ground on the strength of Article "42 which itself is compromised by social-cultural variables in a Saudi context.

But again the Saudi reaction to Doruwa’s accusation isn’t entirely suprissing in view of the that "African solutions to African problems" stance all non-African states take in matters concerning Africans. Unfortunately Senator Doruwa hasn’t quite helped in disabusing issues by his reprimandable actions.

Well, while our attention mechanism is still clearly focused and Nigeria’s profile gains grounds internationally, the only sensible approach is to press this current momentum.

Confronting the many dilemmas, antagonistic history and rights abuses Nigerians generally face world wide simply for carrying "the" green passport. Until such a time we are confronted with dilemmas that call for other more muscular approaches such as the Bakassi issue.

Sani Ibrahim Doruwa’s detention in my opinion results from Nigeria’s past diplomatic timidity where progress always got bogged down by intricacies, today you could literally kill a dozen Nigerians on your bad anywhere in the world and not a word will be said.

I heard horror stories from a Nigerian friend now serving with the US Army who had worked with the Nigerian High Commission in Trinidad and Tobago about 4-5yrs ago. He also witnessed abuses by Nigerian embassy staffers in Seoul, South Korea when he was on his tour of duty with the US Army a couple of years. Many of these stories are disheartening.

July 2002