Malami was wrong

By Mike Kebonkwu

 

It the twilight of the outgoing year 2019, the embattled former National Security Adviser (NSA) Colonel (retd) Sambo Dasuki and activist, Omoyele Sowore former students’ leader were suddenly released from detention after the government had ignored and disregarded lawful court orders granting them bail at different times.

Their release did not come until aftermath global condemnation and ire of some American Congressmen and threat of sanctions on the growing abuse of the rule of law and violations of citizens’ right and civil liberties by the government.

This was the fallout of the audacious storming of the Federal High Court Abuja by men of the Department of State Services (DSS) to re-arrest Mr Sowore  on  December 6, 2019; a very sad day for Nigeria as a constitutional democracy.

Reacting to the dramatic release, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, Senior Advocate of Nigeria (SAN) told members of the public and quoted on British Broadcasting Corporation, Hausa Service that the duo were released as goodwill gesture on compassionate grounds and respect for rule of law and the orders of the court.

Indeed it was the most unreflective statement coming from a lawyer in the standing of the attorney general and minister of justice as reasons given are clearly mendacious and outright falsehood.

It is jurisprudential heresy for a senior lawyer and the AGF to tell Nigerians where we operate a constitutional democracy that someone standing trial on an alleged criminal infraction was released on compassionate ground having been granted bail by a court of competent jurisdiction which order the government had ignored.

I ask myself, is the Nigerian state and the rule of law now subordinate to the executive arm of government?  Nigeria has not become a monarchy where a benevolent king would dish out his whims as goodwill and symbol of justice.

When the attorney general mouthed respect for the rule as a reason for the release of the duo, he was lying through his teeth as his government never made pretentions for the respect of rule of law and had defied and spurned court orders over and over again in respect of Sambo Dasuki for years that he be released on bail.

What about the fate of the leader of the Islamic Movement of Nigeria El Zazakky and his wife; they are not entitled to goodwill gestures of the benevolent king.  No compassion and no rule of law should apply to them.

The government tried spiritedly to convince members of the public that they were not caving in to threats of sanctions and pressure from Western countries and Europe; that again is not persuasive as our government pays great attention to threat of sanctions as they are always going cap-in-hand for hand-outs and seeking approval ratings from foreign governments.

Nigerian rulers and politicians have not always been known for respect for the rule of law from the years of Babangida as the military head of state to date.

It has even gone worse with brazen harassment, arrests and detention of critics of government whose dissenting views are perceived as seditious and crime against the state.

This was the same reason for the needless arrest of Sowore and some of his “#Revolutionnow” campaigners with all manners of allegations by men of DSS which we are still waiting for substantiations.

Read Also: Dasuki’s, Sowore’s release shows Buhari’s respect for rule of law, says Bamidele

 

Even the police spokesman, Frank Mbah who I understand is a lawyer was the first to give the interpretation of revolution in a most bizarre, pedantic and pedestrian way to mean a forceful takeover of government.  How?

Whatever offensive words or expressions Sowore may have employed or used in the aborted campaign, there was no reason for the unnecessary hoopla by the state and its agents making superman of such exuberant distraction.

It was balderdash for the government scholars and officials to be jittery and raising hell over nothingness instead of focusing on the grave and challenging issues of governance and insecurity that is crippling the country while government prefer to live in denial.

Today, we are confronted with arrogant state officials who perceive lawful protest and legitimate agitation as attempt to topple government by undemocratic means.

Today, we have government officials with verbal diarrhoea calling Nigerians wailers because they asked that public utilities should be made available and affordable.

The Buhari’s led government to its credit in a manner of speaking is revolutionary in a way as it appears to be laying foundation for tackling one of the malignant diseases plaguing our country – corruption.

By his imperial temper, he has demystified the political class who hitherto see themselves as untouchable in or out of government.

What we now require is to take it to the next level is to put necessary legal instruments in place and building institutions for holding people accountable for their misdeeds in government office rather than rely on the will of a strongman. As it is, Buhari appears to be the last strongman standing with the aura of integrity that he clads.

The fight against corruption under Buhari is certainly not robust enough as it appears targeted and the ruling APC itself providing sanctum and cover to politicians who wrecked and looted their states treasury empty.

It appears to be the guiding principle of the ruling APC that any person alleged to have been involved in official corruption on becoming a member of the party would have his sins forgiven.

This appears to be the situation today and I stand to be corrected; note that the case of Orji Uzor  Kalu predates the APC government.

As it stands today, after Buhari’s tenure, the Nigerian people have to take a stand whether to continue with the present crop of politicians whether they are in APC or PDP who clearly are like undertakers with no feelings for ordinary Nigerians.  Our politicians are the worst example anywhere in the whole world without comparison; they are worse than buccaneers.

How else would you describe a bunch of people in a country where the minimum wage of public sector workers is N30,000 only per month and members of the National Assembly of the same country earn about or over N30 million only per month with other allowances they legislate for themselves.

I challenge any person in government to point to one area or department of government that is providing needed services to the people.  The road infrastructure has remain a nightmare and we are still groping in the dark with the power sector.

Ordinarily, we should actually have declared a state of emergency in area of security across the country but we prefer to live in denial.

Today, even those of them who have appropriated the state security for their personal protections find it difficult to travel any route in Nigeria by road more for fear of kidnappers than armed robbers.

I know and believe that we can fix Nigeria and it has to be done but not by the kleptomanias in APC and PDP with their surrogates.

This is a wakeup call to true patriots and pan Nigerians at hearts that have been driven into quietude and reclusion by fear and intimidation. What it takes for evil men to triumph is for the good people to sit down and do nothing.

We give it to Buhari’s government that it has incidentally made some efforts by fighting corruption.  It shall not long come to pass that a government will emerge that will bring to justice all those who have trampled on the laws of this country and violated the rights of our people from Babangida to the present government; even on their dying bed, they shall be brought to justice.

The second term of the Buhari government is still at its teething period for us to truly insist that our country Nigeria should be governed by law and the government should obey court orders and where they disagree with any judgment of the court, they should exercise their rights in accordance with the rule of law and appeal such order.

The attorney general should be mindful of the fact that he remains a lawyer and the judiciary remains his constituency; he should therefore remain a stickler to respect of rule of law as that is the only thing that distinguishes human society from animal kingdom.

  • Kebonkwu Esq is an Abuja-based attorney.

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