Anarchy looms when chief law compliant becomes chief law breaker
under a democratic dispensation. The Federation of Nigeria under
Muhammadu Buhari is both in danger and endangered. Though President
Muhammadu Buhari’s open and brazen contempt for constitutionalism and
rule of law during his last night’s maiden presidential chat is condemned by all and sundry; but his courage to declare same openly is
commendable. Nigerians and members of the international community are
now fully aware that President Muhammadu Buhari is the chief law breaker and chief enemy of constitutionalism and rule of law in Nigeria.
Also as far as the President is concerned, it is either that there is no rule of law and separation of powers in Nigeria or their existence amounts to executive appendages. President Muhammadu Buhari has in black and white convicted and jailed the duo of Citizens Nnamdi Kanu and Sambo Dasuki and magisterially prepared them for capital punishments at his designated time. Mr. President is now the
accuser, the arresting authority, detainer, investigator, prosecutor,
convicting and sentencing authority as well as the executor. This is ANARCHY in its entirety!
The words of President Muhammadu Buhari are now vox dei, supreme and meta-constitutional.
In the history of judiciary and rule of law in Nigeria, they have never
received the kind of mockery and contempt being received under the
nascent Buhari administration. All our critical and unbiased advocacy
positions taken against the Buhari administration prior and after his
presidential inauguration have come to pass. We had as early as May
2015; weeks before his presidential inauguration, called upon his
political party (APC) to send him to the National Democratic Institute
in USA so as to be tutored on tenets of democracy, constitutionalism and
rule of law as well as political tolerance and politics of
inclusiveness.
Sadly, his party marked us out as one of its enemies till
date. When clear signs of dictatorship and its triggers began to unfold
and take their positions; we, again, cried out, but nobody bordered to
listen. The country’s leading agents of democracy and rule of law
pretended and the pretence became a case of a certain reverend
during the dying days of the second world war; who refused to act or
speak out when Nazi fighters came for the Jews and others in turn; until
they came for him and members of his ethnic origin.
Dictatorship is like a swarm of bees that knows no friend or enemy when
on rampage. Today, Buhari’s wind of dictatorship is sweeping and
threatening the foundation of the judiciary, which is not only the bastion of democracy, but also the socio-economic livewire of the country’s legal profession.
The human rights movement, community and practices in
Nigeria are also under serious threat; the unholy union between the
Buhari and his APC and leading Southwest dominated rights CSOs; leading
to consistent and conspiratorial unholy advocacy silence,
notwithstanding. All the coercive establishments in Nigeria have
suddenly become murderous, lawless and corruptively uncontrollable.
Roadblock, pre-detention and pretrial bribes are riotously demanded by
security forces; with instant death and physical and mental barbarous
treatments as consequences for those daring not to pay.
Apart from incoherence and uncoordinated nature of
Buhari’s maiden media chat, the President’s open opposition to rule of
law and constitutionalism is an open invitation to anarchy and
lawlessness in Nigeria. In the security forces’ circles, it will lead to
return to “I can kill you and nothing will happen” or “your long detention without trial is sequel to orders from above”. Present
IGP, Solomon Arase, is reported already to have used it in the case of
detained Sheik Ibrahim El-Zakzaky in response to a request by the
latter’s relatives and lawyers to visit him in detention. The
President’s open contempt to constitutionalism and rule of law can also
bring about mass resort to self help and civil disobedience as
well as disrespect and degradation of social values and sharp increase
in criminal activities particularly street and cyber crimes, domestic
violence and communal and urban neighborhood violence.
Remedies:
As we have always been doing, for any advocacy criticism we hand down
against any ill-fated government policy or conduct, it must be
accompanied with a critically considered solution or way out. This is
occasioned by our firm conviction of putting in our best for collective
betterment of the society. One of the remedies to tackle President
Buhari’s blundered and vexatious maiden media chat is to beg all
Nigerians not to resort to self help and civil disobedience
on account of Buhari’s open contempt to constitutionalism and rule of
law. It must be noted that President Buhari cannot give what he does not
have. An example is biblical Paul (Saul) and Peter in matters of knowledge and wisdom.
Also no matter how neat a mother dresses her child
and ties him or her on her back, once he or she is detached from her
mother’s back, he or she relapses on the ground and becomes dusty in a
twinkle of an eye. If South Africans can manage their stark illiterate President Jacob Zuma, Nigerians can as well manage their not-too-educated President.
Other than the above, President Muhammadu Buhari’s private and public
affairs managers have a lot of work to do. A ceremonious written speech
is totally not the same as “live media chat”, which is “extempore”. The
President must be taken back to a mini thinker’s corner inside the Aso
Rock Villa or State House and be properly brushed and made to realize
the difference between the world of “1984-1985” and 2015. In the world
of “1984-1985”, for instance, Soviet Union or Union of Soviet Socialist
Republics was still one country, but in the world of 2015, it is now
moribund with 15 distinct countries; likewise former East and West
Germany, now United Germany; Czechoslovakia, now Czech and Slovakia; and
former Yugoslavia, now moribund with six distinct States.
President Muhammadu Buhari’s private and public affairs
managers must importantly make him to realize that it is legislatively
impeachable for a democratic and constitutional President to openly and
inexcusably lend credence or justify his disobedience to judicial
pronouncements as well as unconstitutional infringement of the
constitutional and judicial liberties of his fellow Nigerians whom he
merely accused of being in conflict with the law; who must enjoy their
constitutional rights to fair hearing and presumption of innocence until
judicially found guilty. Mr. President must also be reminded by his
kitchen and public affairs managers that his open admission of
disobedience to court orders and opposition to the provisions of the
1999 Constitution including constitutional and judicial bails amount to
grave violation of Section 1 (3) of the 1999 Constitution (supremacy of
the Constitution above any other law or presidential pronouncement).
Another remedy to tackle the blundered and vexatious
maiden media chat of President Buhari is for Nigerians to ignore his
anti constitutionalism and rule of law stance and reassert their total
faith in the judiciary, rule of law and constitutionalism. These three
are pillars all Nigerians must stand up and protect at all times for our
common good. This is more so when the same judiciary, rule of law and
constitutionalism that President Buhari is rapaciously mocking and
disrespecting today, will surely come to his rescue someday especially
now that it is obvious to him and his followers that when civil power changes to another civil powers; the hunters of today will become the hunted of tomorrow.
As for security forces and their headships that have
become murderous, lawless and corruptively uncontrollable overnight, on
account of President Buhari’s dictatorial disposition and anti human
rights stance; they must retrace their murderous and lawless steps and
ignore elements in the camp of a former President, who reportedly
encouraged them periodically to continue their atrocious conducts,
citing the cases of unaddressed Odi and Zakibiam massacres among similar
atrocious others. They must be reminded that the hitherto global
culture of impunity for varying atrocities like crimes against humanity,
is steadily waning and culture of criminal responsibility is now the
order of the day.
Finally, we call upon the families, followers, supporters,
friends and lawyers of those citizens accused openly by President
Muhammadu Buhari of being in conflict with the law particularly the
trios of Citizens Nnamdi Kanu, Ibrahim El-Zakzaky and Sambo Dasuki not
to be cowed by any presidential intimidation; but to have implicit
confidence in judiciary as the country’s bastion of democracy and last hope of the common man. The
culture of disobedience to court orders adopted consequent upon the
direct orders of President Buhari as well as the attitude of resorting
to “re-arrest” and slamming of fresh charges should not deter them as
well.
In handling these, in addition to preparation of their
defense and bail applications; their lawyers must not lose the sight of
clear provisions of Sections 36 (8), 36 (12) and 35 of the 1999
Constitution as well as Sections 293 to 296 and 150 to 188 of the
Administration of Criminal Justice Act of 2015. These provisions are
adequate safeguards to crush the criminal investigative and
prosecutorial gambling and ouster practices presently adopted by the
Presidency of Muhammadu Buhari. Let them continue to disobey court
ordered bails and go on and on in re-arresting the accused and
re-charging them until graver felonies in the Criminal Code are
exhausted; resulting to them being charged for “common or simple
assault”.
Signed:
Emeka Umeagbalasi, Board Chairman
International Society for Civil Liberties & the Rule of Law
Barr Obianuju Joy Igboeli, Head, Civil Liberties & Rule of Law Program
