Why Buhari MUST Obey Court Orders – Supreme Court

Why Buhari MUST Obey Court Orders – Supreme Court 
I

In the case of The Lagos State Government vs Chief Emeka Ojukwu,
It was held by the Supreme Court that….
“I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the Court further by seeking a remedy in a higher court while still in contempt of the lower court.
It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive. Under the Constitution of the Federal Republic of Nigeria, 1979, the Executive, the Legislative (while it lasts) and the Judiciary are equal partners in the running of a successful government.

The powers granted by the Constitution to these organs by s.4 (Legislative powers) s.5 (executive powers) and s.6 (judicial powers) are classified under an omnibus umbrella known under Part 11 to the Constitution as “Powers of the Federal Republic of Nigeria”.

The organs wield those powers and one must never exist in sabotage of the other or else there is chaos. Indeed there will be no federal government. I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness tantamount to a deliberate violation of the Constitution.

When the Executive is the Military Government which blends both the Executive and the Legislative together and which permits the Judiciary to co-exist with it in the administration of the country, then it is more serious than imagined.

By virtue of the Constitution (Suspension Modification) Decree 1984 No. 1 a good number of the provisions of the Constitution were suspended. Indeed, what was left was what had been permitted by the Federal Military Government to exist.

All the provisions relating to the Judiciary were saved. Section 6 of the Constitution, the most important provision, in so far as the institution known as the Judiciary is concerned, which vests in courts the judicial powers of the Federation was left extant. The Military Government had the power and still has to put an end to the existence of that provision, It has not done so, and that must have been advisedly for it does intend that the rule of law should pervade.

It is the clearest indication against rule by Tyranny, by sheer force of arms against a presumption subjecting the nation to the rule of might as against rule of right.

That being the case, it behoves of every organ of the Military Government to make it clear at all times, albeit as the presumption is always that of rule by might of the military, to assume a perennial onus of demonstrating a rebuttal of this onus.

With the contempt of the Court of Appeal by the Applicants still subsisting, it would he inequitable for this Court to give a consideration to the application of the Applicants. Let the Lagos State Government purge itself of this serious contempt, of this apparent violation of the Constitution even as amended by Decree No. 1 of 1984 before coming to seek the favour of the Court”