ABUJA— Nigerian Bar Association, NBA, and some leading lawyers in the
country have disagreed with the Presidential Committee on
anti-corruption led by Professor Itse Sagay over President Muhammadu
Buhari’s insistence that the former National Security Adviser, NSA, Col.
Sambo Dasuki, and the leader of the Indigenous People of Biafra, IPOB,
Mr. Nnamdi Kanu who are facing separate criminal charges, would not be
released from custody, despite valid court orders that granted them
bail.
In his submission on the president’s stance, Professor Sagay argued
that the Federal Government was not in violation of the rule of law as
any bail granted an accused is completely related to the offence which he is charged before the court.
The NBA and some Senior Advocates of Nigeria, however, contended that
the position the president took was offensive to the tenets of
constitutional democracy, rule of law and presumption of innocence of an
accused person. They argued that re-arresting someone immediately after
the court has granted such person bail makes mockery of our democracy
which is presumably anchored on the rule of law and separation of
powers.”
Buhari had in his first presidential media chat at the Aso Rock Villa
in Abuja, adduced reasons why the Federal Government would not readily
allow both Dasuki and Kanu to regain their freedom from detention.
Whereas Kanu, who is facing a six-count charge bordering on treason,
has been in detention since October 14, 2015, when he was arrested by
operatives of the Department of State Service, DSS, the former NSA, who
is facing multiple charges before three different courts, was
re-arrested last week at the gate of Kuje Prison, Abuja, shortly after
he perfected all his bail conditions.
Responding to a question during the media chat, President Buhari,
justified the continued incarceration of the two accused persons. He
said considering the weight of the allegations against them, they could
jump bail if granted any form of freedom.
He said: “Technically, if you see the kinds of atrocities these
people are believed to have committed against the country, if they are
given the opportunity, they will jump bail. And the one you are calling
Kanu, do you know he had two passports – one Nigerian, one British – and
he came into the country without any? Do you know he brought equipment
into this country and was broadcasting Radio Biafra? Which kind of
government do you think should harbour that kind of person? There is a
treasonable felony suit against him and I hope the court will listen to
the case.”
Rule of law must be respected — NBA
Speaking to Vanguard, yesterday, on the issue, President of the Nigerian
Bar Association, NBA, Augustine Alegeh, SAN, said “government has a
need to respect the rule of law. As a matter of fact, there is need for
government to be in the front burner in the respect for the rule of law.
Whoever is unhappy, including government with a pronouncement of the
court, has the opportunity of still going back to that court, for the
court’s decision to be vacated or appeal to a higher court, but not to
undertake to ignore it or carrying on as though nothing has happened or
that the court’s order is not binding. That is an unacceptable principle
in the rule of law”.
According to him, “an agenda for the respect of rule of law is a must
for the government. For specific cases in court, it’s not the business
of the Nigerian Bar Association to make comments on them, because we
have our members on both side and they can decide to speak on the
matter, but on the general principle of rule of law, as an association,
it is one area we are passionate about, which we feel is very essential.
“So, both government and citizens must subscribe to the principles of
rule of law and doing otherwise is not an option. You cannot pick and
choose which court order to obey, if you try to do that, you are clearly
undermining the principle of rule of law and the obvious consequence
will not help the society in anyway.
We believe that from our interaction with the government of President
Muhammadu Buhari, they do not have an option but to obey court orders.
You must bear in mind that the courts are there to settle disputes
between individuals as well as between government and individuals, so it
is important that all parties respect the rule of law and judgments and
decision of courts as that is one area we will not compromise”.
