Aweil’s Soldiers, and the Southern Sudan Justice System
By Deng Jongkuch
July 31, 2007 — On the July 24, 2007, the Federation of Aweil Communities in Canada released an article, “Aweil Communities Condemn Justice Makuei’s Mishandling of Mr. Arthur Akuein’s Case.” The F.A.C.C condemned Justice Makuei Lueth for taking actions against Akuein Chol who is believe to have embezzled public funds. The FACC failed to understanding that Justice Makuei has no personal interest in the case; instead, he is exercising his constitutional duties as a Minister of Legal Affairs. It is up to the citizens of the Southern Sudan to judge whether Justice Makuei is doing what is right for the country. Moreover, let us not forget the President’s policy of “Zero tolerant again corruption.”
First, let us be honest with ourselves and not lose focus of what caused the tension between Akuein and the Ministry of legal Affairs. It is surprising that the FACC did not mention $600 million that went missing under the supervision of Mr. Akuein Chol. What caused the tension between the ministry of Legal Affairs and Mr. Akuein is where about the public money. There is no connection between the Ministry of legal Affair and the entire Aweil community. It is Mr. Akuein vs. the government of Southern Sudan.
It is saddening that there are individuals or group who want to divert the case of missing funds into tribal war game. Let not beat the bushes, Mr. Akuein has been accused by the Anti-Corruption Commission formed by the President. It is the same President who relieved Mr. Akuei and formed an independent commission to investigate the allegation. Justice Makuei and Dr. Luka have no personal interest in the case. Remember, the missing funds are for the 15 millions Southern Sudanese and not for Justice Makuei and Dr. Luka.
It is the same government that put Mr. Akuein under a house arrest until the commission presents their finding. When an accused is under house arrest, he is to obey some restrictions. Restrictions such as limited movement outside the assigned area of confinement should be obeyed. Violation of such restrictions would result in issuing for arrest warrant. Mr. Akuein might have violated some of the restrictions. There has been a concern among the residents of Juba whether Mr. Akuein is obeying his house arrest. For example, it had been observed that Mr. Akuein attends public gathering and he is enjoying some privileges that other individuals under house arrest are not enjoying. Unlike other accused individuals, Mr. Akuein said to have full access to Presidential office and other politicians in Khartoum and Juba.
Furthermore, it is known that Mr. Akuein uses his free times to influence tribal politicians to campaign on his behave. He successful gets a big hand from opportunist politicians who called themselves as a “Bar el Ghazel Group.” This group wrote an open letter to the President claiming that the Bar el Ghazel politicians are being targeted by certain tribes in the GOSS. Mr. Sabrina Majok, the current president of F.A.C.C bravely stood up and distanced themselves from the Bar el Ghazel Group. This month F.A.C.C invited Aldo Ajou to attend their conference in Canada. Mr. Aldo Ajou is one of the ring leaders of the Bar el Ghazel Group. During the Conference in Canada, Ajou accused Bor and Ngok Dinka of conspiring against Mr. Akuein. The F.A.C.C article, the Bar el Ghazel Group open letter to the President, and Ajou’s speech at the F.A.C.C conference confirmed that the Ngok Dinka is Dr. Luka and the Bor Dinka is Justice Makuei. I struggled to connect the dots here. If I fail, please explain to Southern Sudanese the connection between Mr. Akuein as an individual with the entire Aweil community who has nothing to do with embezzled funds. Tell us the connection between the entire Ngok Dinka community and duties of Dr. Luka Biong? Please connect the dots between the Ministry of legal Affairs and the entire Bor Dinka community.
Mr. Akuein chol and his money should not be underestimated. The readers should not be surprise about the turn this case has taken. The escalating situation between Mr. Akuein and the Ministry of legal Affairs is Mr. Akuein own making. The involvement of tribal organizations, the opportunist politicians, and the tribal soldiers is escalating the situation to the worst.
Let us not be blind by our tribal allegiance to say the truth and condemn the wrongdoers. I know the members of F.A.C.C are smart to know that all human beings are equal before the rule of law. The law does not care whether you are a MP or a common citizen in the villages. Saying that Mr. Akuein Chol, “deserved some level of respect even if he was indicted by the court” is a misunderstanding of how the judiciary works in the 21st century. Nobody is above the law unless we are hypocrites. Law has no sympathy for those who put their personal interest above national interest. Moreover, the intervention of the Vice President or whosoever is an interference with the justice system. The constitution of the land explicitly stated the independence of the three branches of the GOSS. Mr. Akuein’s case has nothing to do with the Southern Sudan Legislative Assembly or executive. It is under the judiciary. Be caution that there is nothing called “turning thing around” when it comes to corruption allegations. The keyword is “Zero tolerant.”
The F.A.C.C says, “Aweil community members went as far as accepting to pay a bond.” The F.A.C.C must be joking. I doubt if Aweil members have five million dollars to bail Mr. Akuein out of his own messes. If they do, I still doubt is they are willing to spend their money in such irresponsible mess. I argue Aweil members to use their money for something productive such as building schools that will produce future leaders who are honest.
I want to throw a personal thinking here. For the God sakes Junubin, let admit the truth. In theory, allegations are considered true until proven wrong. Wisdom dictates that that there is no smoke without a fire. My theory is this; Mr. Akuein might have stolen some money during the fateful crash that killed his boss. In theory, Mr. Akuein might have been overwhelmed by the incident think that the struggle came to an end. It was not only Mr. Akuein who was overwhelmed by the death of Dr. Garang. There were those who though that the future of the movement without Dr. Garang is unpredictable. Mr. Akuein Chol might have used this tragic situation to reward himself. There is another smoke that Mr. Akuein had built a huge hotel complex in Juba under the names of other individuals. Others said that he had purchased a mansion for about $ 1.5 million dollars. And there is this factory in Asmara Eritrea. I am saying all of these allegations are true, but remember there is no smoke without a fire.
The F.A.C.C must be well aware that the custodians of the embezzled $ 600 million dollars have been patience enough to know the fate of their money. It is suspicious why it is taking so long to serve the justice. No doubt that Justice Makuei is feeling the heat from the people demanding answers. His recent actions against Mr. Akuein might be result of his frustration with the case. One the other hand, the President has been silence to update the public about the case. Instead, he appointed Akuein’s clansman to take over what Mr. Akuein left. What are the motives behind this appointment? Therefore must be something fishy here and what is behind Mr. President’s silence has to surface.
The F.A.C.C stated that “..after all efforts to bail Arthur Akuein out had failed that small number of unarmed Aweil Youths in Juba were able to convince the guards to hand over Mr. Akuein for one night since his security was not properly taken care of and Justice Makuei’s motive was highoy suspicious.” This statement is a true fabrication of what really happened between Aweil’s soldiers and the police authority. The logic dictates that youths have no capacity to negotiate the release of the high profile person like Mr. Akuein. There must be truth behind the F.A.C.C statement. The Aweil youths were either armed as reported by the media or they bribed the police in exchange for Akuein releases. If this is not true, Akuein may have some personal relationship with the head of police in Juba. The readers may ask if “the unarmed Aweil youths” have turned Mr. Akuein to the prison after his brief released. Junubin, let us be honest, the Aweil youths were indeed armed and were threatening to the security of the entire city. They indeed forcefully removed Mr. Akuein from the custody of police authority.
Allow me to conclude by saying that the F.A.C.C, the opportunist, and tribal politicians are distorting the true face of Aweil community we know. Aweil people have significantly contributed during the civil war. They common Awiel citizens deserved respect and appreciation for what their patriots did during the civil war time. More importantly, the current government in Juba seems to be recognizing Aweil staggering population for political calculations. Aweil community has to show leaderships, responsibilities, and respects for the rule of law. When you are in lead, you have to set standard of conduct higher for others to follow. The issue of tribal soldiers to protect members of their communities in the government is a receipt to tribal warfare. Few months ago, I criticized the Equateria Solidarity International for wrongly accused the entire Dinka tribes for corruptions. My stand against tribalism is that corrupt government officers should be treated as individuals and nothing whatsoever touches their respective tribes. Let me ending by quoting Mr. Landi, “Defending a suspected criminal purely on ethnic basis is wrong and must be condemned by the level-headed sons and daughters of Aweil.”
Deng Ajak Jongkuch is a student at San Jose State University, California can be reach at [email protected].