A government operating above the law

On Tuesday, October 4 2016, the court of the Economic Community of West African State (ECOWAS) court declared the arrest and detention of the former National Security Adviser, Sambo Dasuki, as unlawful, arbitrary and a violation of local and international rights to liberty. The court also held that both the initial arrest and the further arrest and detention of Mr Dasuki by the government even after he was granted bail by a court of law in Nigeria amounts to a mockery of democracy and the rule of law. It therefore ordered the immediate release of Dasuki and ordered the federal government to pay a sum of N15 million as damages to Mr Dasuki.

Nigeria, as a respected and leading member of ECOWAS and the international community, is expected to honour its obligations to the protocols establishing the court by complying with its orders. But the Buhari regime has ignored the court order just like it had ignored several Nigerian court orders granting bails to Dasuki and Nnamdi Kanu of the Independent People of Biafra (IPOB).

We are afraid that the current administration is turning the country into a jungle and destroying all the structures and institutions that go into making a democratic country viable. We recall how during the electioneering campaigns and amid concerns that he was an unrepentant dictator, president Buhari was at pains to explain that this time around, he will govern according to the rule of law and there will be no draconian measures or abridgement of the rights of citizens.

With just over a year in power, the President has clearly demonstrated that he could not be trusted with power and he is ready to destroy the country’s institutions in a futile bid to punish those his administration deems corrupt. Sadly, the regime’s resort to extra-judicial measures isn’t just restricted to disobeying legitimate court orders but also going beyond the legal requirements to invading and arresting judges at their homes and most importantly, harassing and intimidating judges that have delivered judgments deemed unfavourable by the government or some of its agencies.

But this manner of reckless behavior has consequences, which will deeply hurt the country and its corporate image among the comity of nations. First, no self-respecting country will do business with a country that doesn’t respect its laws. Second, no foreign investor will invest in a country that has no regard for its laws and where the courts are not independent or cannot be trusted to arbitrate on contract and trade disputes impartially and efficiently. Third, the country’s fight against terrorism will be greatly imperiled as a result. Just some months ago, it emerged that the Republic of Brazil pulled out of a deal to sell the A-29 Super Tucano light attack aircraft considered crucial in the ongoing campaign against Boko Haram because the United States (original manufacturers of the aircrafts) had vetoed the deal due to human rights issues in the country.

We are at pains to remind the regime that prosperous and sustainable societies are built around respect for the rule of law and on strong institutions. This administration must not set a bad example of trampling on and consequently destroying institutions while trying to build a prosperous society. It never works. The regime can go on trampling on and destroying institutions in the guise of fighting corruption. But we must remind it that there is just no way it can achieve any result by this strategy. The very cause of corruption is the absence or weakness of institutions and the best way to fight or eliminate corruption is to build strong and enduring institutions. Therefore, you cannot be further destroying institutions and claim to be fighting corruption. The act of destroying institutions is the greatest corruption possible because it negates the possibility of building a prosperous and democratic society.

We call on the government to promptly obey the ECOWAS court order authorising the release of Dasuki and the payment of damages to him. The court order didn’t declare Dasuki innocent or that he cannot be tried. It simply asks the government to respect court orders and fundamental human rights. The government could go ahead with the trial of Dasuki and if it could prove its case, Dasuki will be convicted and jailed appropriately. But the current situation of detaining him against the law is totally unacceptable.