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Tag: court orders

  • Rampant disobedience of court orders by security organs – By Ehichioya Ezomon

    Rampant disobedience of court orders by security organs – By Ehichioya Ezomon

    The rule of law is both foundational and fundamental to democratic governance in a civilised society. Absence of the rule of law inevitably breeds the rule of the jungle.

    One of the tenets that undergird the rule of law is order of court, whose disregard of or disrespect to may lead to anarchy that thrives on might and tramples upon rights.

    That’s why November 2022 is significant, as Nigeria seeks to move away further and farther from the era of the jackboots, to deepening the country’s democratic ethos.

    In the past month, the courts have shone more light on what’s always been visible to the public: The regular and continuous disrespect to court orders by the heads – at whatever level – of Nigeria’s multiple security agencies.

    Within three weeks, three judges of High Courts in Abuja and Minna have ordered the arrest and imprisonment of four high-profile security officers “for contempt of court.”

    Those indicted: Chairman of the Economic and Financial Crimes Commission (EFCC); Inspector General of Police (IGP); Chief of Army Staff (COAS); and Commandant of Training and Doctrine Command (TRADOC).

    While the court censor of EFCC Chairman Abdulrasheed Bawa came early in November, the orders on IGP Usman Alkali Baba, COAS General Farouk Yahaya and TRADOC Commander Major-General Stevenson Oluwagbenga Olabanji, respectively, were given in late November.

    It doesn’t matter if these officers superintend regular, quasi or para-security outfits, bear arms or legally recognised to carry out the duties they so discharge.

    A similar thread runs through them: Brazen disregard of and disrespect to court orders, as if they’re above the law, which they take into their hands with reckless abandon.

    This decadeslong proclivity is what the November court rulings spotlighted as a growing concern within the Officer Corps, and among the rank and file of the security.

    Often, you hear officers – mainly of the lower ranks – boasting, “I will deal with you mercilessly, and nothing will happen. You can go and report to the IG or the Commander-in-Chief, and I tell you nothing will happen.”

    If the rank and file exhibit such a level of indiscipline, why would you expect members of the Officer Corps to respect mere orders of courts issued by “bloody civilians?”

    Hence the Human Rights Writers Association of Nigeria (HURIWA) was against the “norm” when it asked IGP Baba to “pack your bags (and) head to Kuje prison now.”

    Because the IGP won’t obey the order – not even for its symbolism – and report himself to prison with his office and power behind him: armed escorts and blaring sirens.

    HURIWA had urged the IGP to obey the three-month prison sentence immediately, and “surrender himself with his prison bag straight to the Correctional Centre in Kuje.”

    “He (Baba) should not treat this court order with ignominy or contempt,” HURIWA said in a statement, adding, “Anything outside of strict compliance with this court order will mean that Nigeria has become a banana republic.”

    HURIWA called on President Muhammadu Buhari “to personally supervise the surrender of the IGP to the Federal Correctional Centre, Kuje, without wasting time.”

    But rather than obey by “complying with the judgment or getting a stay of execution order quickly,” as HURIWA counselled, the IGP’s complaining and issuing excuses of “I’m not aware of such a court order.”

    The Force Public Relations Officer, Olumuyiwa Adejobi, claimed that, “the (IGP’s) office is not aware of any Court Order, during the current IGP’s tenure, with respect to a matter… that the IGP disobeyed a Court Order for the reinstatement of a dismissed officer of the Force.”

    “It is instructive to note that the case in point concerns an officer who was dismissed as far back as 1992, a few years after the current IGP joined the Nigeria Police Force, based on available facts gleaned from the reports.

    “The most recent judgement on the matter was given in 2011 which should ordinarily not fall under the direct purview of the current administration of the Force. Thus, the news is strange and astonishing.

    “The IGP has however directed the Commissioner of Police in charge of the Force Legal Unit to investigate the allegation in a bid to ascertain the position of the court and proffer informed legal advice for the IGP’s prompt and necessary action,” Adejobi said.

    Meanwhile, the IGP’s filed a motion to vacate the order for his arrest and committal to prison, arguing that the processes for the contempt proceedings were served in 2018, and 2019 “on the former IG, and not on him as the incumbent.”

    “This was evidenced by an official letter addressed to the Police Service Commission, on the approval of the then IG, as far back as 2015, before the court order of November 29, 2022,” PPRO Adejobi said in a statement.

    “The then IG requested the commission to issue a reinstatement letter to the plaintiff, and effect his promotion, in line with the order of the court in the exercise of its statutory authority.”

    Similarly, without complying with his committal to prison, Mr Bawa quickly appealed the ruling from a 2018 court order that the EFCC return a Range Rover and N40 million it’d seized from retired Air Vice Marshal Adeniyi Ojuawo.

    The trial Justice Chizoba Oji had discharged and acquitted Ojuawo for lack of diligent prosecution, and ordered that his car and money be returned to him.

    But last November – after four years – Ojuawo filed an application over non-compliance with the court order, leading Justice Oji to order Bawa’s arrest and jailing for three months, “having continued wilfully in disobedience to the order of this court… until he purges himself of the contempt.”

    Two days later, the Judge vacated the order when she’s satisfied with the evidence placed before her that the EFCC had returned the car to Ojuawo, with arrangements in place to refund the N40 million to the applicant.

    The circumstances of the case involving the COAS and TRADOC’s commander are unclear, but the Niger State Chief Judge, Justice Halima Ibrahim Abdulmalik, has committed Gen. Yahaya and Maj.-Gen. Olabanji to prison in Minna for three months “until they purge themselves of contempt.”

    The matter is based on a 2019 suit (NSHC/225/2019 in Minna) between Adamu Makama and 42 others versus the Executive Governor of Niger State and seven others.

    At its resumed hearing on October 12, 2022, Justice Abdulmalik gave an order – which the COAS and TRADOC commander reportedly flouted – prompting Mohammed Liman, the plaintiffs’ counsel, to file for contempt.

    The case has been adjourned to December 8, but as it happened with the IGP and EFCC’s Chairman, Nigerians are yet to hear about the arrest and imprisonment of the COAS and TRADOC commander for contempt.

    Will these Military top shots also appeal the court order for their arrest and committal to prison, make themselves available for transfer to the correctional centre in Minna or join others that place themselves “above the law”?

     

    *Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.

  • SERAP to Buhari: Obey court judgments or face contempt proceedings

    SERAP to Buhari: Obey court judgments or face contempt proceedings

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the government of President Muhammadu Buhari to “immediately take meaningful steps to implement several judgments obtained by SERAP against the Federal Government.”

    According to SERAP some of the judgements expected to be obeyed include verdicts to raise money to fund the budget, reduce the growing level of borrowing, and address the escalating rule of law crisis in the country.

    In a statement on Wednesday, the organisation said, “unless the judgments are immediately implemented, SERAP will consider pursuing contempt proceedings against the Federal Government in national courts, and international sanctions against the administration for its persistent disobedience of court judgments.”

    According to the organization, “among the several judgments the Buhari administration has failed to obey is the judgment by the ECOWAS Court of Justice in Abuja, which awarded N30m as compensation for the ill-treatment of journalist Agba Jalingo, who faced trumped-up and politically motivated charges of treason.”

    The statement, read in part: “Another judgment the Buhari administration is failing to implement is the judgment by the ECOWAS Court which found the government responsible for abuses by oil companies and directed it to hold to account the companies and other perpetrators of oil pollution in the Niger Delta.”

    “We urge President Buhari to without further delay publicly instruct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami (SAN) to ensure the effective implementation of all of the judgments obtained by SERAP and other outstanding judgments.”

    Femi Falana (SAN) who presented SERAP Law Report to the public on Wednesday at the Media Briefing organized by SERAP in collaboration with the MacArthur Foundation, USA, said: “We are surprised that the Buhari administration took a swipe at SERAP for going to court to challenge acts of corruption and official impunity. In any country that professes to practice rule of law, it is height of ‘primitivity’ for government to challenge the act of going to court by the citizens.”

    “This was firmly rooted in the case of Ojukwu v Gov of Lagos State which was decided during the military era. The victory over the military junta came through protests and other acts challenging official impunity in court and other lawful fora.

    “It is quite ironical that those who have protested against misrule and impunity are the past are now in bed with those in government and clamps down on attempt protest by the citizens.”

    The Media Briefing titled “Rule of Law Crisis: How failure of the Buhari government to enforce court judgements is contributing to grand corruption and impunity in Nigeria” was held at the Radisson Hotel, Isaac John Street, GRA, Ikeja, Lagos.

    Falana also said: “SERAP has embarked on public interest litigation in order to promote accountability and transparency in line with the tenets of the rule of law and constitutionalism. The publication of SERAP Law Report could not have come at a better time than now that anti-democratic forces are bent on imposing fascism on the country.

    “It is sad to note that many of the judgments delivered in favour of SERAP have been ignored by the Federal Government contrary to Section 287 of the Constitution which has imposed a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts. I enjoin SERAP to take advantage of the provisions of the law to enforce the judgments without any further delay.”

    SERAP also added, “The failure and/or refusal to enforce and implement legally binding judgments of court is entirely inconsistent and incompatible with Nigeria’s international human rights obligations.”

    The statement, read further: “It is unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function if the government routinely ignores and/or fails to abide by court orders.

    “The persistent and deliberate disobedience of judges’ decisions would, ultimately, shatter citizens’ confidence and trust in the ability of the justice system to render justice for victims of corruption and human rights violations.

    “Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a constitutional democracy like ours, this is meant to be the norm.”

    “The implementation of these judgments will be a special moment for the government’s anti-corruption agenda and the supremacy of the rule of law in Nigeria, as it would go a long way in protecting the integrity of our legal system.

    “Implementing the judgments will provide the government the much-needed resources to fund national budgets, reduce the growing level of borrowing, and serve as effective deterrent to corrupt public officials and improve public confidence and trust in the administration’s oft-repeated commitment to fight corruption, respect human rights and observe the rule of law.”

    It said: “Implementing the judgments will also would be in keeping with Nigerians’ expectations, and entirely consistent with President Buhari’s oft-expressed commitment to ‘kill’ corruption–whether by public officials or private contractors—and help to build citizens’ trust and confidence in the ability of this government to take head-on the systemic corruption in Nigeria.

    “In his inaugural speech on May 29, 2015 President Muhammadu Buhari stated that ‘insecurity, pervasive corruption, the hitherto unending and seemingly impossible fuel and power shortages are the immediate concerns’.

    “Unfortunately, President Buhari’s government has made little to no progress in fulfilling the promises made to Nigerians to fight grand corruption, end impunity of perpetrators, respect the rule of law, and ensure access of socially and economically vulnerable Nigerians to basic public goods and services.

    “The government’s promise to fight corruption and end impunity imposes a moral and legal responsibility to protect the rule of law, ensure sustainable development and full respect for Nigerians’ constitutionally and internationally guaranteed human rights, as well as to obey court judgments.

    “The promises also impose a responsibility to ensure transparency and accountability at all levels of government, and mean that government and public officials should timely and consistently respond to Freedom of Information requests from Nigerians.

    “Lack of progress in the fight against grand corruption and the promise to obey the rule of law is further buttressed by the fact that many high-ranking officials suspected of corruption rarely end up in jail, as suspects continue to exploit the flaws in the justice system to the point where individuals are profiting from their crimes.

    “The government’s disdain for the rule of law is also illustrated by the tendency to pick and choose which court orders it complies with. This selective application of the rule of law invariably undermines the independence and integrity of the judiciary, and is counter-productive to the government’s own fight against corruption.

    “Other high-profile judgments obtained by SERAP that the Federal Government is refusing and/or failing to obey include the following: The first of such judgments is the judgment by Honourable Justice Hadiza Rabiu Shagari delivered on 5 July, 2017 ordering the Federal Government to tell Nigerians about the stolen asset it allegedly recovered, with details of the amounts recovered.”

    “The second judgment, by Hon. Justice Mohammed Idris, on 26 February, 2016 ordered the Federal Government to publish details on the spending of stolen funds recovered by successive governments since the return of democracy in 1999.

    “The third judgment, by Hon. Justice Oguntoyinbo on 26 November, 2019 ordered the Federal Government to challenge the legality of states’ pension laws permitting former governors now serving as ministers and members of the National Assembly to collect such pensions, and to recover pensions already collected by them.”

    The statement added: “The fourth judgment, by Hon. Justice Mohammed Idris on 28 May 2018, ordered the Federal Government to prosecute senior lawmakers suspected of padding and stealing N481 billion from the 2016 budget; and to widely publish the report of investigations into the alleged padding of the 2016 budget.

    “The fifth judgment, by Hon. by Justice Obiozor, on 4 July 2019 ordered the Federal Government to publish the names of companies and contractors who collected public funds since 1999 but failed to execute any electricity projects.”
    “The sixth judgment, by the ECOWAS Court of Justice in Abuja, delivered on 19 November, 2009 ordered the Nigerian authorities to provide free and quality education to all Nigerian children without discrimination.”

  • CJN demands records of all conflicting court orders

    CJN demands records of all conflicting court orders

    The Chief Justice of Nigeria and Chairman National Judicial Council (CJN), Justice Tanko Muhammad has demanded the records of proceedings in all the suits on which conflicting exparte orders were given.

    Spokesperson of the National Judicial Council, Soji Oye confirmed the development.

    TheNewsGuru.com, TNG reports that that the Chief Judges of Rivers, Kebbi, Cross Rivers, Anambra, Jigawa and Imo states are to meet with the CJN on Monday, September 6, to answer questions on the controversial conflicting orders delivered in their various states.

    There are indications that the Chief Judge, of Delta State, has also been invited to join the other six Chief Judges to meet with the CJN tomorrow.

    This may not be unconnected with the exparte order which reportedly restrained the Governor of Yobe State, Mai Mala Buni, from parading himself as a member of the All Progressives Congress (APC) national caretaker committee.

    The CJN is also expected to meet with the leadership of the Nigerian Bar Association in the course of the week, over the issue.

    The unprecedented move by the leadership of the judiciary is aimed at resetting the anti-corruption efforts of the CJN and entrenching a new culture of accountability in the judicial system.

  • BREAKING: CJN summons Chief Judges of Rivers, Cross River, four other states over conflicting court orders

    BREAKING: CJN summons Chief Judges of Rivers, Cross River, four other states over conflicting court orders

    The Chief Justice of Nigeria (CJN) and Chairman of the National Judicial Council, (NJC), Justice Tanko Muhammad has summoned the Chief Judges of Rivers, Kebbi, Cross River, Anambra, Jigawa and Imo State to an emergency meeting.

    This is part of efforts to stem the recent wave of embarrassing and conflicting exparte orders emanating from judges in their jurisdictions.

    In a letter of invitation dated 30th of August, 2021 and sighted by our judiciary correspondent, the CJN summoned the head of the concerned courts to the emergency meeting to brief him on the incessant granting of the conflicting orders on suits instituted by different political parties before the various courts.

    The Spokesperson of the NJC, Soji Oye confirmed to our correspondent that the letter indeed emanated from the office of the CJN but declined to say on what specific day the meeting has been scheduled for. He however said that the meeting will hold sometime this week.

    A part of the invitation letter reads, “My attention has been drawn to media reports to the effect that some courts of coordinate jurisdictions were granting conflicting exparte orders on the same subject matter. It has become expedient for me to invite you for a detailed briefing on the development. This is even more compelling having regard to an earlier NJC warning to judicial officers on the need to be circumspect in grating exparte applications.”

    According to reports, the meeting between the CJN and the Heads of Courts concerned is a prelude to a larger NJC meeting likely to hold next week.

    The leadership of the judiciary is said to be embarrassed at the recent developments and the meeting is part of measures to stem the tide and to be seized of the facts before the larger council deliberation.

  • INEC raises alarm, says multiple court orders threatening conduct of Anambra governorship poll

    INEC raises alarm, says multiple court orders threatening conduct of Anambra governorship poll

    The Independent National Electoral Commission (INEC) has warned that the multiplicity of Court Orders constitutes a major threat to the conduct of the November 6 Anambra governorship election.

    The electoral umpire observed some of the Orders have “the tendency of eroding the powers of the Commission and compromising its independence, powers and timelines for the conduct of the upcoming election”.

    The Commission also noted it is becoming increasingly difficult to obey Court Orders and judgements that are the latest in time or the first in time as some political parties and candidates have perfected the art of shopping for the first in time or the latest in time.

    It insisted the planning and preparation for election require certainty and adherence to timelines.

    INEC National Commissioner and Chairman Information and Voter Education Committee, Festus Okoye, raised the concern at the implementation meeting of the voter education and publicity department.

    According to him: “The Commission has variously and consistently complained at the frequency and consistency with which courts of coordinate jurisdiction from different jurisdictions all over Nigeria assumed jurisdiction and delivered judgements and issued orders with far-reaching implications on the conduct of the Anambra State Governorship election.

    “Some of the Orders have the tendency of eroding the powers of the Commission and compromising its independence, powers and timelines for the conduct of the upcoming election”.

    He added” “In our Regulations and Guidelines for the conduct of Elections as well as the Timetable and Schedule of Activities, the Commission issues access code to the National Chairman of Political Parties with which they upload the Personal Particulars and List of their candidates electronically.

    “This obviated the demonstrations, fights and violence normally witnessed in the premises of the Commission by different factions of political parties and the National and State branches of political parties.

    “Unfortunately, some of the judgements and Orders were given especially on the primary elections in Anambra State have bypassed our portal and sought to restore the manual submission of the List and Personal Particulars of candidates.

    “It is also becoming increasingly difficult for the Commission to obey Court Orders and judgements that are the latest in time or the first in time as some of the Political Parties and the candidates have perfected the art of shopping for the first in time or the latest in time. The planning and preparation for election require certainty and adherence to timelines.

    “The leadership of the Bar Association and the Leadership of the Judiciary must wade into this descent to forum shopping and the multiplicity of Orders and judgements from courts of coordinate jurisdiction. This is urgent, it is imperative and cannot be carried over to the 2023 general election”.

  • Sultan to Nigerian leaders: ‘Refusing to obey court orders is dangerous…’

    The sultan of Sokoto, Sa’ad Abubakar, said political leaders who disobey court orders are setting a dangerous precedent.

    Speaking in Abuja on Thursday at the fourth quarter meeting of the Nigeria Inter-Religious Council, the sultan said disregard for the courts will lead to lawlessness.

    Abubakar said court orders must be obeyed to the letter.

    He also asked Nigerians to be law-abiding in the interest of national development.

    “We must regularly obey and respect the laws of our land. We should never disregard the laws to avoid the consequences,” the sultan said.

    “If a court makes a judicial pronouncement on a particular matter, it should be obeyed to the letter.

    “If you have any problem or disagree with the pronouncement, the next step is to appeal the pronouncement instead of disregarding or violating court judgments.

    “If you are served a court order and you deliberately refused to obey it because you are a governor, president or any influential person, then you are setting a dangerous precedent.

    “There’s no society that will prosper through lawlessness; citizens must be law-abiding so that we can achieve the desired development.”

    The monarch added that inter-religious dialogue among the people will help the citizens understand one another better.

  • INEC meets today over court orders on issuance of Certificates of Return

    The Independent National Electoral Commission (INEC) says it will meet on Tuesday, regarding judgments and orders issued or served on it from various Courts of Law on issuance of Certificates of Return.

    Mr Festus Okoye, INEC National Commissioner and Chairman, Information and Voter Education Committee, disclosed this in an interview with NAN on Monday in Abuja.

    Okoye stated this while reacting to enquiry on the commission’s decision on a court order, directing it to issue Certificates of Return to a Senator and five House of Representatives members under the platform of the Peoples Democratic Party (PDP) Bauchi State.

    He said the commission was yet to take any decision regarding the judgement as its National Commissioners supervising state level review on the 2019 general elections just returned to Abuja.

    “The Commission will meet tomorrow (Tuesday) regarding judgments and orders served on it from various Courts of Law.

    “The Commission has not taken any decision relating to the matter you alluded to.

    “The Commission may deal with all such issues and other pending ones tomorrow.

    “National commissioners supervising State Level Review of the 2019 Elections returned to Abuja on Monday to clear all pending judgments and orders before heading back to their states of supervision,” Okoye said.

    An FCT High Court on May 16 had ordered INEC to issue certificates of return to one Senator and five House of Representatives members elected under the platform the Peoples Democratic Party (PDP) in Bauchi State, who came second in the affected elections.

    The court on Friday refused to grant an application for Stay of Execution of its judgement, which nullified the election of the affected senatorial district and five Federal Constituencies under the platform of the All Progressives Congress (APC) in Bauchi state.

    The FCT High Court, presided over by Justice Bello Kawu, rejected the application by the APC on stay of execution and ordered INEC to issue the PDP candidates with certificates of return.

    The court had declared as null and void, the publication of the names of APC candidates as winners of the National Assembly election in the affected constituencies.

    The affected PDP lawmakers-elect yet to be issued certificates include: Garba Dahiru, who replaced Lawal Yahaya Gumau as Bauchi south senator-elect, Jatau Mohammed Auwal replaces Omar Tata.

    Abdulkadir, Mohammed Ibrahim replaced Muhammed Musa Pali and Aminu Aliyu Guru replaced Mohammed Sabo.

    Others are Ahmad Gololo, who replaced Garba Gololo Mohammed and Hassan Galadima replaced Manu Mansur.

    The commission was also expected to obey the court directive on the issuance of Certificate of Return for Imo West Senatorial District election.

    A Federal High Court, Abuja, presided over by Justice Okon Abang had on May 23 ordered INEC to issue certificate of return to former Governor of Imo, Rochas Okorocha, as the Senator-elect for Imo West Senatorial District.

  • BREAKING: INEC vacates court orders, to conduct supplementary poll in Bauchi, Adamawa on Saturday

    The Independent National Electoral Commission (INEC) on Thursday evening confirmed that the supplementary governorship election earlier scheduled to hold in Bauchi and Adamawa states on Saturday will still hold as scheduled despite the fact that the issue has become a subject of litigation.

    The litigation on the Bauchi governorship election, INEC said, was initiated by the All Progressives Congress and its candidate, Mohammed Abubakar.

    Taking to its verified Twitter handle @inecnigeria on Thursday, INEC said an interlocutory injunction to suspend the process has been served on the Commission by the Federal High Court, Abuja.

    “While the Commission has complied in accordance with its policy to obey all court orders in deference to the rule of law, it has also taken urgent steps to vacate the order and dismiss the action,” INEC said.

    It noted that the litigation and consequential order only affect the collation of results for the governorship election in Tafawa Balewa Local Government Area.

    “Consequently, the supplementary elections will proceed as scheduled on Saturday, 23 March in the other 15 Local Government Areas of Bauchi State as well as the Kirfi State Constituency Supplementary Election in Kirfi Local Government Area,” the Commission said.

    Similarly, INEC said, the Adamawa State High Court had issued an injunction restraining the Commission from proceeding with the supplementary election following the application by the Movement for the Restoration and Defence of Democracy, a registered political party which did not take part in the main election.

    It said that though the Commission had also complied with the order, it has also taken steps to vacate it and dismiss the action.

    “Notwithstanding the legal action over the Supplementary Governorship election, elections will hold in Nassarawo/Binyeri State Constituency in Mayo–Belwa Local Government Area where the election had to be countermanded following the death of a candidate before the polls, as well as the supplementary State Constituency election and Uba/Gaya State Constituency in Hong Local Government Area,” INEC said.

  • Buhari’s government renowned for abuse of rule law, disobedience to court orders – NBA President

    The President of the Nigeria Bar Association (NBA), Paul Usoro, has accused the Muhammadu Buhari administration of trampling on the rule of law and disobeying court orders.

    Usoro, who is accused of fraudulently receiving N1.4 billion from the Akwa Ibom State government, said this in a New Year message delivered on behalf of the association.

    The anti-graft agency, EFCC, accused the NBA president of conspiring with officials of the Akwa Ibom State government to divert the said sum. The senior lawyer has, however, explained that the money was payment for legal services offered to the state governor, Udom Emmanuel, and the state government.

    In his New Year message, Usoro accused the federal government of “threatening the rule of law by attacking judicial officials from the bar and the bench.”

    “In our country, the rule of law suffers degradation in multiple ways. The rule of law is trampled upon when there is no access to justice or when such access is denied, not well defined or is constrained, stifled or impaired howsoever.

    “The rule of law is threatened when the practice of law, whether at the Bar or on the Bench, is brought under siege by agencies of state through their actions and/or inactions,” Usoro said.

    Usoro also described the failure of the government to obey court judgment as an outright subjugation of the rule of law.

    “The rule of law suffers subjugation when the rights of our people are trampled upon, whether in terms of rights abuses or brazen disobedience of court orders and judgments.

    The president, Muhammadu Buhari’s administration has been condemned by human rights activists for its refusal to comply with court orders for the release of former National Security Adviser, Sambo Dasuki.

    The government was also condemned for detaining Shiite leader, Ibrahim El-Zakzaki for over two years without trial, before he was later arraigned, following widespread protests by the Shiite members.

    Usoro also accused the Buhari led government of failing to provide strong structures to combat abuse of power.

    “The rule of law is degraded when we, wittingly or unwittingly, fail to build strong institutions that can stand up to the arbitrariness and abuse of power.

    The NBA president said the bar will remain relentless in its efforts to condemn what he described as “undermining practices of government,” as the elections draw near.

    Usoro, in the report, called on Nigerians to partake in the general elections and vote in leaders they believe can salvage the country.

    “In 2019, we will continue to condemn and beam our searchlights on these undermining practices. Nigerian lawyers must stand as a united and independent Bar against these unwholesome and undemocratic practices. In carrying out this responsibility, we must not be cowed or intimidated howsoever.

    “Our role as the voice is even more pronounced and accentuated in this election year. This is the year that we would decide both at the national and states levels, how we wish to be governed and into whose hands we will entrust our affairs and lives.

    “The quality of rulers that we will vote into power this year will determine whether we move from a perennially consumption economy into a productive and hopefully an industrialized economy; it would determine whether we would, in our lifetimes, ever be assured of such basic necessities as pervasive energy supply and provision of potable water and primary health care for our citizens.

    “The elections of 2019 should and must, therefore, serve as a defining moment for our country. In fulfilling these mandates, we have civic responsibility, as lawyers, to cast our votes and I am hoping that we all have our PVCs ready and available for that all-important assignment.”

     

  • Soyinka blasts Buhari, labels his refusal to obey court orders as national embarrassment

    Nobel Laureate, Prof. Wole Soyinka, has described President Muhammadu Buhari’s failure to obey court orders as a national embarrassment.

    It was also a day President General of the apex Igbo socio-cultural organisation, Ohanaeze Ndigbo, Chief Nnia Nwodo, Afenifere chieftain, Chief Ayo Adebanjo, declared in Lagos that restructuring of Nigeria is now or never.

    They said this at the maiden Handshake Across Nigeria summit, with the theme: Nigeria beyond oil organised by Nzuko Umunna in partnership with The Core Federalists, which was held in Lagos, yesterday.

    In his presentation, Soyinka, who was the keynote speaker lampooned the administration’s failure to obey court orders particularly on the cases involving Shi’ite leader, Ibrahim El-Zakzakky and erstwhile National Security Adviser, NSA, Col. Sambo Dasuki (retd).

    His words: “Forgiveness is a virtue. Although, I have the same temperament with my late friend, Tai Solarin, but it is a national embarrassment that our President has refused to obey laws. Citizens should not be the one to choose the laws to obey.

    “We want government to understand that they are part of the community and have been given a mission of carrying out the will of the people… Insecurity has reached a certain level that even when we bring experts in, they wonder what exactly they have come to do. They are given a certain problem to solve and when they arrive here, they meet another problem.

    “We have had many instances of armed killer herdsmen who wreak havoc across communities in the country and, rather than show empathy to the victims, the Inspector General of Police goes there to say they were killed because they blocked the grazing routes for cattle.

    “One way of stopping the bloodbath is to reconfigure the nation. States must be given maximum control over their resources. There are some who prefer to grow rice, there are others who prefer to grow religion and we know where religion has taken us, today.

    “Some people will like to say it is not really religion that has gotten us to where we are. I agree with you, but, some people have manipulated religion to suit their purpose.

    “Those insisting on restructuring do so because they know that there is something wrong with the state of Nigeria. Many times, Nigerians have come together to proffer solutions and the way forward for the country, but, after spending so much time and effort, nothing ever comes out of it. The recommendations are left to gather dust. How much longer shall we continue like this?

    “Forgiveness is a virtue. Although I have the same temperament as my late friend, Tai Solarin, but, it is a national embarrassment that our president has refused to obey our laws. Citizens should not be the one to choose to obey laws.”

    On his part, Nwodo said those campaigning against restructuring of Nigeria have painted an unfortunate and untrue picture.

    He said: “The new model we propose for Nigeria recognises that revenue in the world, today, is promoted by two main sources namely, human capital development leveraging on technology to drive the critical sectors of the economy and agriculture. Nigeria beyond oil must contemplate the implementation of legislative independence to the federating units, sovereignty of mineral and oil resources to the federating units, a painstaking resolve to support all electoral processes and candidates that would bring about this change.”

    Adebanjo said anyone who opposes restructuring is living in denial about the fragility of the country.

    He said: “It is unfortunate that President Muhammadu Buhari and Vice President, Yemi Osinbajo, do not understand each other as regards restructuring. I can understand the president’s predicament because education is necessary to comprehend what restructuring entails but, I do not know why the vice president, who is a professor of Law, does not know what it entails.

    “How can the vice president say he wants devolution of powers, state police and the likes, yet, he says he does not understand what those who talk about restructuring want? If the man who is the president does not understand what restructuring is, because of his education deficiency, should the vice president not also know what it is?

    “If you do not restructure, the country would break up. If you say that the unity of the country is non-negotiable, then, you do not have a choice than to restructure.”

    But, Director General of the Northern Elders Forum (NEF), Yima Sen, who represented the convener, Prof. Ango Abdullahi, had a different view about restructuring.

    He said: “As a group, NEF met several times with northern governors and northern traditional rulers over the issue of restructuring and discussions are still ongoing. But, one thing we have decided is that we are going to dialogue with our people and know what they want.

    “Most often, the elite push an agenda because they think that is what those they are leading want and they usually do it out of pride and arrogance.

    “We should be humble when pushing an agenda. We need to move from the level of sentiments to the scientific. It is important that, when such important issues are discussed, the elite should be humble enough to ask their people what they want and that is what we are doing.

    “We are not going to decide for our people whether they want restructuring or not. We are going to ask them and listen to what they have to say.”

    Chairman on the occasion, General Ike Nwachukwu, said even though the unity of the nation is sacrosanct and non-negotiable, the country cannot maximise its full potentials if it does not return to federating units.

    “Although they were appointed by the government, they are responsible to the people of Nigeria.
    To make INEC truly independent, there is the need to review the system of appointing its members.”