Legal practitioners and civil
society organizations have condemned President Muhammadu Buhari’s statement at
the opening ceremony of the Annual General Conference of the Nigerian Bar
Association (NBA) on Monday.
The President, in his speech,
urged lawyers to put national security over and above the rule of law.
Reacting, Ebun-olu Adegboruwa, in
a statement on Tuesday, said Buhari’s declaration was a great set back for
Nigeria’s democracy and national development.
He wrote: “National Security has
no definition, it has no limit; it is amorphous and panders to individual
discretion. It is the rule of the Executive Arm of Government alone, being the
one responsible for policy implementation and the determination of security
imperatives.
“National Security It is the rule
and decision of individuals, such as the Inspector-General of Police or the
Commander in Chief. Such rules are always subject to manifest abuses,
especially in respect of opposition politics. That has been the experience in
Nigeria.
“On the other hand, the rule of
law is defined, basic, predictable and even subject to review; it helps to
predict and govern human conduct. The rule of law limits and interpose upon the
rule of self all forms of arbitrariness and is thus preferable to the whims and
caprices of individuals.
“The point of convergence with
the President however is that those who have prima facie cases of any
malfeasance should not deploy the rule of law to avoid liability, especially
when it concerns plainly intolerable economic crimes. In such a situation, what
constitutes National Security and National Interest should still be determined
through the due process of law.
“The daily narration of tales of
mind boggling abuses, under the past administration, should serve as some kind
of discouragement, in elevating national security beyond the dictates of law.
In Nigeria presently, our collective wealth and resources are being pilfered by
our leaders in the name of national security.
“To postulate that national
security should override rule of law consideration may unwittingly portray one
as harboring dictatorial intentions, for preferring national security as
priority for governance.
“It is a dangerous proposition as
we approach 2019. Taken to its proper interpretation, it may be taken to be an
advance notice to the people of Nigeria, to brace up for likely threats to
their rights and liberties, in the coming days.
“Whereas we all support the
President in the fight against corruption and terrorism, it is still necessary
to allow the rule of law to have the pride of place in all spheres of
governance.
“I therefore humbly appeal to the
President to accommodate the supreme law of our land, the Constitution, which
already contains enough provisions to integrate national security within the
due process of law.
“Nigeria itself as a nation, was
created by law, the offices of the President and indeed all those saddled with
the determination and preservation of national security, were all created by
law. Thus, everybody and everything, can find their roots and bearings, under
the rule of law.”
Also weighing in, the Citizens
Advocacy for Social & Economic Rights (CASER) expressed disappointment at
the president’s speech.
CASER’s Executive Director, Frank
Tietie, said even during a war, there was still respect for the rule of law.
In a statement, he said at no
time in any democratic country and the international community, is law,
especially human rights, suspended.
“President Muhammadu Buhari
cannot use national security or national interest to justify his government’s disobedience
to orders of court directing it to either grant bail to specific citizens or
commanding it to perform specific acts.
“The President was quick to cite
the position of the Supreme Court in balancing national security and human
rights or the rule of law but he has failed to recognise that it is only
pronouncements from the courts that ultimately determine what is right or
wrong. It is not the place of the government to determine what constitutes
national security to warrant the disobedience of court orders.
“Rather it is the role of the
courts to determine whether or not bail, for instance, should be granted to a
citizen, having considerations to national security or national interest. The
courts have so decided regarding the Dasuki. In the absence of a valid appeal,
the government must comply to the directives of the court forthwith.
“There can no longer be any
justifiable reason why the government would continue to keep Col. Sambo Dasuki
in detention despite direct court orders granting him bail. The release of Col.
Dasuki on bail cannot be plausibly shown to be of any threat to national
security to the extent that the government would think the courts didn’t know
what they had done by granting him bail.
“We should be ashamed as a
country and a people since the liberty of just one man called Dasuki would
constitute such a threat to national security to the extent that we would allow
the government to begin a process of destroying the foundations of our democracy.
“Indeed, with all the arsenal of
intelligence and organized force of Nigerian security agencies, it would be
indeed shameful for a citizen like Dasuki, now an ordinary man, to pose such a
threat and fear to the government. The government is even afraid to try him
openly. It would therefore be wise for the government to make known to the
courts and the Nigerian people what it really fears about Dasuki. He is just an
ordinary man right now.
“Dasuki should be granted bail
immediately because he is a citizen of Nigeria and more especially, the courts
have so directed.
“President Buhari made the
assertion on the derogation of the rule of law in a large gathering of lawyers.
The influential lawyers present at the occasion did not seize the opportunity to
correct the President by stating to him that law, especially as pronounced by
the courts, is supreme.
“That neither national security
nor national interest as determined by one man or a few men in government
should be the basis for disobeying court orders. The government must approach
the courts with such evidence before it can continue to detain him if the
courts agree and do say so.
“Since the NBA missed the
opportunity to correct the President at that gathering, it now has a duty, not
only to correct the President but to first convince itself that it is always in
the best interest of a country and in furtherance of its national security,
when all authorities, institutions and persons are subject to the rule of law
as pronounced by the courts.”
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