The rule of law

One of the cardinal principles of democracy is respect for the rule of law. Simple defined, it is the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. One of such laws is respect and obedience to all court orders. But alas, in Nigeria, governments are not obligated to obey court orders/judgements. They simply pick and chose which ones to obey and which ones not to.

That is the only explanation we can give to the continued detention of the former National Security Adviser, Sambo Dasuki and the leader of the Islamic Movement of Nigeria, Sheikh Ibrahim El-Zakzaky and his wife, Zeenatudeen.

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.

Equally, the court, on December 2, 2016, ordered the immediate and conditional release of the Sheikh and his wife while awarding them N25 million each for their unlawful incarceration. Sadly these orders are yet to be obeyed by government and the said individuals are still in detention.

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.

But this manner of reckless behaviour 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.

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 court orders authorising the release of Dasuki, and Sheikh El-Zakzaky and his wife and the payment of awarded damages to them. Detaining them against the law is totally unacceptable.

Editorial