Impunity and lack of respect for rule of law

An insidious effort is afoot to pull the carpet on Nigeria’s democracy through a consistent pattern of the abuse of the rule of law. The rule of law is one of the pillars of democracy. Despite this, the federal and some state governments are working hard to diminish this vital element without regard for the fearful consequences.

Top on the list of infamy on this matter is the man who should stand vanguard for the rule of law. The Minister of Justice and Attorney General of the Federation, Abubakar Malami, SAN, has through actions and utterances shown a careless disregard for what he should protect. Mr Malami has demonstrated a Janus face on the matter: he disobeys court orders and then sermonises on the imperative of the rule of law.

The Federal Government has consistently denied former National Security Adviser Col Sambo Dasuki (rtd) his freedom despite five court orders. Malami issued a defence that confirmed the worst fears about the government’s attitude to the rule of law. “What I want you to know is that issues concerning law and order under Muhammadu Buhari are sacrosanct and obeying a court order is compulsory” he was quoted as saying. Even so, the Federal Government would continue to disobey court orders on Dasuki. Malami’s justification? The Federal Government can violate the rights of an individual for the broader public good.

“However you should also know that there is a consensus world over that where the dispute is only between individuals, then you can consider the issue based on the instant situation. But if the dispute is about an issue that affects an entire nation, then you have to remember that government is about the people not for only an individual. So you have to look at it from this perspective. If the issue about an individual coincides with that which affects the people of a nation and you are now saying the government did not obey a court order that infringes on a single person’s rights. Remember we are talking about a person who was instrumental to the deaths of over one hundred thousand people. Are you saying that the rights of one person is more important than that of 100,000 who lost their lives?”

The Justice Minister, on the other hand, quickly ordered compliance with the order of the Supreme Court in the matter of the dispute over the chairmanship of the Nigerian Football Federation. The justification was the need to comply with the dictates of the rule of law.

In Benue and Imo State, there are ongoing disregard for procedures and rules in the matter of impeachment of state officials. The Federal Government deployed the police and security forces to enforce the closure of the Benue State House of Assembly. The plan is to get eight members of the Assembly, less than the statutory requirement, to impeach Governor Samuel Ortom. A similar abuse through the use of the security forces is unfolding in Imo State on the matter of the impeachment of the Deputy Governor, Prince Eze Madumere.

For more than two years, the Federal Government locked up a journalist, Jones Abiri. In court on August 2, Government failed to provide evidence nor justification for this treatment of a citizen. There are many other instances.

We reiterate. The rule of law is a cardinal principle of democracy. It demands that everyone observes the laws of the land. Everyone!!! As the one with the foremost authority in the nation and the enforcer of laws, the onus is on the government to lead in the observance of the rule of law.

Nigeria is a signatory to various statutes of the United Nations. The United Nations General Assembly at a High-Level Meeting on the Rule of Law at the National and International Levels on September 4, 2012 averred that “human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations”.

The UN says defines the rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”

Nigeria must avoid a regress to the rule of man where government officials have the discretion to choose which laws to obey, which statutes to follow and what rules with which to comply. Despite various shortcomings, Nigeria is better off under democratic governments than under military rule. Strengthening the rule of law is one sure way of ensuring we remain a democracy.