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| Buhari |
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
Mobile
Phone: +2348174090052
Email:
emekaumeagbalasi@yahoo.co.uk
Barr
Obianuju Joy Igboeli, Head, Civil Liberties & Rule of Law Program
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