Respect for the law

It is all well that Nigeria’s President, Muhammadu Buhari was named ECOWAS Chief Mediator in the Gambian political impasse. And he has been carrying out that task with great spirit and determination. We particularly commend his insistence that the out-going President Yahya Jammeh must uphold the result of the December 1 presidential election in the country, vacate power on January 18, the day his tenure expires, and must guarantee the safety and protection of the President-elect. It is good that the option of the use of military force is well on the table and that Mr Jammeh knows ECOWAS will act if he continues his belligerence beyond January 18. We also salute the mediation team for whisking Barrow out of the country, last week Friday, to keep him safe from Jammeh and his mischiefs. It shows democracy is taking root in the continent. Both ECOWAS and the African Union must ensure that its member countries respect the dictates and wishes of their people.

However, democracy also involves respect for established rules; respect for court judgements and rulings and respect for law and order. Mr Buhari cannot be leading efforts to ensure Mr Jammeh respects the law in his country while fragrantly breaking the law in his own country.

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).

Is it therefore not hypocrisy for Nigeria to disregard the ruling of the ECOWAS court while at the same time leading efforts by the same ECOWAS to force one of its own to obey an ECOWAS resolution? Buhari is just as guilty in this instance, as Yayah Jammeh. Both are breaking the law. Mr Buhari therefore lacks the moral authority to demand respect for the law from another belligerent ruler like him.

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.