The Nation Newspaper

Tag: Rule of law

  • ‘No rule of law without obedience to court orders’

    The Rule of law will be absent where court orders are not obeyed by the government, Abia State Governor, Theodore Orji has said.

    Speaking with reporters in Umuahia during the presentation of the Abia Governorship Law Reports (AGLR) written in his honour, he urged politicians to be just and equitable in their pursuit of power.

    He said the best way to enthrone rule of law is to exhaust the appellate options available in courts  rather than taking laws into one’s hands. This, he said, could lead to anarchy.

    He said: “My recommendation to other  politicians is that they should not disobey court orders because that is what unifies  and sustains our democracy. They should not disobey court orders because there are avenues for them to seek redress.

    “ If not from the lower court, they  can go to the Appeal Court.  After  Appeal Court and you do not succeed, go to the Supreme Court and once the Supreme Court decides, that is final.

    “I will not recommend that any person disobeys court orders. I will not recommend that if our democracy must be sustained. It is the judiciary that will help to sustain it.  Citing the Adamawa example, Orji said the obedience to court order save the state from crisis. “What happened recently in Adamawa State, assuming that the people said  no, we will not obey the court order to swear in the former deputy governor  James Ngilari  as governor, there will be crisis there. There will be killing and burning of property there,  but because they obeyed  court order, you see there is at least, relative peace there now.

    “So in our own interest for peace and sustenance of our democracy and separation of power, I will recommend that every government, every Nigerian should obey court orders. If you are not satisfied, go through the process of seeking redress.”

    On the Law Report, Orji said the idea did not emanate from him. “The writing of the book was not my initiative. Dr. Livy Uzoukwu,  a Senior Advocate of Nigeria (SAN), who represented me at the tribunal, initiated it.  He told me that my cases  were  exemplary in election petitions and that it will be good to document  them  for posterity.

    “He came and asked me some questions,  because  honestly, I underwent a lot of troubles during those elections. I was one of the governors that had the greatest litigations. It caught my fancy because it will be good and it would add value to our justice system  and electoral jurisprudence.

    “I said okay go ahead and use me as a sample and I will like to be used as an example. Eventually  he went ahead and did that,  I am happy for it.”

    Speaking on the aspect of the Law Report that interests him most, the governor said: “There are several interesting cases that will serve as reference points for any tribunal case  that is similar to my own, but the one that  interested  me most is the one that said that  I belonged to a secret society and   that the secret society is Okija shrine

    “But I know that I never belonged to any secret society and for sure Okija shrine is not a secret society. What you have there is a Shrine,  people go there to perform their rituals. Eventually the thing was sorted out that I did not belong to any secret society and now like I said, it is now a reference point for any person,  who contests  election and they said he belonged to a secret society. They have to prove that society is secret. They have constitutions, they have modus operandi,  but I have never heard anything about Okija secret society.”

    He advised politicians who may have a similar experience to consider them as “political trials.”

    “As we come to struggle for power, everything goes, there are people, who want that power by all means, through blackmail, through propaganda, through false accusations; that was exactly what I experienced

    “A very innocent and humble man, coming into politics, jumping into the murky waters of politics, then the accusations came from every right, left and centre. At a time, they even said I did not resign at the appropriate time, but I know that I resigned.

    “My advice to politicians, who want to pass through this, is, first, you have to stand on the truth. If there are areas, you can reconcile and negotiate with your opponents, please do that, but if you are going through this process, you have to be determined. It is not something you can do half way and run away.

    “You have to be determined to fight, once you know that you are in the right course and with good lawyer, you will win, but if on the other hand you know that what you are fighting for is not just, there is no need damaging your image or damaging the relationship that you had with the man, who is on the right track. Just discuss with him, parley with him, politics is all about negotiations and interest.”

  • Jonathan and the rule of law

    Jonathan and the rule of law

    President Goodluck Jonathan often reiterates his administration’s commitment the rule of law.

    Declaring his belief that law is an instrument for social engineering and political transformation, the President has pledged to ensure that all actions of his government will conform to the rule of law, including observation of human rights norms.

    To sustain the confidence of the people in the rule of law, at a point, he challenged the managers of the nation’s judiciary to constantly review the country’s laws.

    The President has also enjoined the judiciary to always give credible and well-reasoned judgments in order to enhance social justice and fairness.

    Apart from declaring his commitments to the rule of law in Nigeria, the president has also taken the campaign to the world stage.

    Speaking at the first-ever High-Level Plenary Session on the Rule of Law at the 67th General Assembly of the United Nations in New York in 2012, he called for global order based on the rule of law.

    Stressing that the rule of law at international level must be based on the core principles of the United Nations which were further reaffirmed in the 2005 World Summit Document, he promised that all pledges made by Nigeria to the international community would be met.

    Pushing for nations to honour their international obligations, he specifically pointed out that nations have the obligations to refrain from threat or use of force, to settle disputes through peaceful means, to protect human rights and fundamental freedoms and abide by international humanitarian law.

    Still, the Presidency under him has been accused in some instances of interfering with the rule of law, while the administration has also been criticised for acting slowly in some burning issues, especially corruption.

    A case in point was the belief in some quarters that the Presidency interfered with the rule of law in the case that culminated in the National Judicial Council (NJC’s) suspension and eventual removal of the former President of Court of Appeal, Justice Ayo Salami, who was believed to have stood firm against the perversion of justice and the abuse of power.

    On allegation of moving too slow on some issues, it has been said that the President had to allow the rule of law to follow its rightful course in order not to be seen as a dictator.

    The President, however, has said that sometimes he feels like moving faster than the rule of law to address some issues, especially bordering on corruption, but that he must wait for the law to take its course.

    Speaking last week while receiving the outcome of the National Stakeholders Forum on Electoral Reform from the Chairman of Ken Nnamani Centre for Leadership and Development and former Senate President, Ken Nnamani, the President recalled his encounter with the Auditor-General of the Federation on a particular corruption allegation.

    He said: “Then, I called the Auditor-General and say ‘Look, you must look into this and tell Nigerians’ and you know what the man told me, he said ‘Mr. President the law establishing the office of the Auditor-General of the Federation does not say you, President have to direct me. There is a process and that process has to take its course.’

    “So these are the issues. But that is the law and there is a reason for that. So, I agree with you totally for us as a nation to progress, irrespective of the challenges, irrespective of the pains, we must all obey the rule of law otherwise it will be an animal kingdom where somebody wakes up and do whatever he likes.” He said

    He went on: “The rule of law, especially when the issue is about corruption. I told people that, yes, if you want the president to go outside the law to do things, as a president and executive president, I am a primary beneficiary. But, it is not too good for the society because one, I am also a politician.”

    “If I try to do things that way, then truly I may use it to help myself or help my party or so. So, whether the process is slow or not, we must obey our laws. We must obey the rule of law, and the society will be normal,” he stated.

  • Varsity name change: Issue is rule of law, not Ojukwu

    The All Progressives Congress (APC) in Anambra State has said the state government has once again missed the point in a statement directed to the opposition parties on the renaming of the Anambra State University after the late Dim Chukwu Emeka Odimegwu Ojukwu.

    The government had reacted in a statement by Mr. Valentine Obienyem published in some newspapers, giving an impression that the opposition parties were against honouring the late Ojukwu.

    APC said: “Nothing can be far from the truth. The point is not about Ojukwu whose name the All Progressives Grand Alliance (APGA) uses as a talisman when convenient. The issue is the rule of law.

    “The second issue is living true to the words expressed by a government.

    ‘’The Anambra State government, which Governor Peter Obi leads and which Valentine Obienyem is a part of, has been caught on the wrong side of both issues by members of the House of Assembly in opposition parties and many in APGA, who understand that the issue is not partisan.

    “In what is characteristic of its arbitrariness in running the affairs of the state, the government woke up one morning to announce that the name of a university has changed. Yet the university is a creation of the law set up by an Act of Parliament in the state.

    “What this means is that the Governor Obi-led administration has run foul of the law and due process, and can be impeached, particularly since this is habitual.

    “The government, without an enabling law, recently pronounced that campaigns would not take place in the markets, against the spirit of the freedom of movement entrenched in the 1999 Constitution, only to flout it and get booed.

    “The most lenient the House of Assembly can be in the circumstance is to ask the government to go back and do the right thing as soon as practicable.”

  • Lagos to enforce rule of law, says Ipaye

    The Lagos State government has said it would do all within its power to entrench law and order in the state and ensure that there is no impunity on its laws.

    The Attorney-General and Commissioner for Justice, Mr. Ade Ipaye,  who reiterated this, said government was committed to the entrenchment of law and order notwithstanding the fact that the state remains the most challenging in criminal justice administration in Nigeria.

    In view of this, he said government would continue to increase its capacity to investigate offences and prosecute offenders.

    Mr Ipaye gave this assurance at a news conference on the State of Criminal Justice Sector within the last one year held at the state secretariat, Alausa, Ikeja.

    “With a fast growing population now in the 20 million range, Lagos State is equal to about 32 African countries.

    “Though it is the smallest in terms of land size, Lagos hosts most of Nigeria’s non-oil commerce and industry. Everyday, we receive a large number of visitors from other states, from the West African sub-region and indeed from across the world, many of whom choose to stay on a medium and long term basis.

    “This has brought extra-ordinary pressure to bear on the criminal justice system”, Ipaye said adding that in response, the governor, Mr Babatunde Raji Fashola (SAN) made law and order one of its major objectives as reflected in the attention paid to all relevant agencies within the system.

    Despite the challenges, Ipaye said Lagos State recorded a lot of successes from its efforts and today is “one of the safest states in Nigeria”.

    The commissioner disclosed that the government has so far expended N468 million as additional funding for the police and other security agencies to make the state safe for the people.

    Ipaye said through the state  Directorate of Public Prosecution(DPP) received 676 police investigation files for advice this year.

    He said advice had been given on 470 of such files, representing 70 per cent of the total files received while the rest are still being processed.

    The Commissioner said the DPP had to refer some of the files back to the police for more diligent investigation.

    Ipaye said a new advisory unit was created in the office of the DPP with 22 officers dedicated to the task of generating legal advice while 27 other officers are engaged in prosecuting in various criminal courts.

    He said the Office of the Public Defender (OPD) handled 2,795 cases from January till date adding that such cases range from criminal matters to tenancy matters, family matters, recovery of debts, assault, unlawful detention and child abuse among others.

    He said 1,204 of this cases necessitated the filing of legal actions in various courts.

    “In the area of criminal prosecution, our main objective is to have all serious offences prosecuted by qualified lawyers,” he added.

  • NBA restates commitment to rule of law, constitutional reform

    NBA restates commitment to rule of law, constitutional reform

    • Wali inaugurates committees, faults Constitution amendment process

    The Nigerian Bar Association(NBA) has restated its commitment to promoting the rule of law, saying strict adherence to the principle is crucial in any democratic society and for economic development.

    NBA President Okey Wali (SAN) spoke while inaugurating the association’s Rule of Law Action Group and the Committee on Constitution Review and Law Reform at the NBA Secretariat in Abuja last week.

    Members of the Rule of Law Action Group include Dele Adesina (SAN) (Chairman); Jibrin S. Okutepa (SAN) (Alternate Chairman), and E.C. Aguma (Secretary).

    The Committee on Constitution Review and Law Reform is made up if Charles Edosomwan (SAN) (Chairman), Aliyu Umar (SAN) (Alternate Chairman) and Chidi Nworka (Secretary).

    The first group was set up, among others, to speed up NBA’s contributions to the promotion, protection and defence of the rights of Nigerians.

    Wali urged lawyers to support the group in these difficult times, saying: “There is no nation on the planet where Rule of Law is not under some form of challenge.

    “For us, the Rule of Law is our compass, our gravity. It ensures predictability, stability and fairness. Without it, we cannot function. Individuals cannot flourish, business cannot thrive, and society cannot grow.

    “Anywhere the Rule of Law is under attack, we are all threatened. We the lawyers are the foot soldiers who fight for the Rule of Law, so we must defend it when it is attacked, strengthen when it is weak, and build it where it is absent”.

    “That is why this is called the Rule of Law Action Group. Because we believe that it is time for action. At a time like this, in Nigeria when human lives no longer have meaning, when extra-judicial killings are on the increase, when bombs keep exploding and innocent citizens are dying, and where criminal justice system is in comatose, the NBA has an important role in maintaining the Rule of Law, no less in times of danger than in times of peace.”

    Wali SAN said the concept of rule of law, to which everyone, even the most powerful, is subject, has existed for long. He referred to the Bible, saying the Torah (the legal rules contained in the first books of the Old Testament) was binding on all, even kings, and served as a restraint on their power.

    “The king neither made these laws nor administered them. The Old Testament described how the laws were administered by the judges, who were independent of the king. Later the development of the Sharia under Islam was not dissimilar.

    “The forgoing shows that the concept of the Rule of Law has been recognised from time immemorial. Thus the two fundamental principles of the Rule of Law have been in existence from earliest times: those in power (executive) should not make laws (separation of power) and all people (including those in power) should be bound by the laws.

    “In various fora and conferences, the NBA has always reinstated its commitment to observe and ensure the observance and entrenchment of the Rule of Law.

    “There is no doubt that strong and consistent application of the principles ofRule of Law is indispensable and form the fundamental building blocks for any modern democratic society and economic development. Rule of Law is also the foundation for a better quality of life for societies and people around the globe.

    “For us in the NBA, the challenge is to move from conceptual definition or notion of the Rule of Law, to practical implementation of the components, a move from concept to reality.

    “In practice, NBA’s work is very daunting and challenging. It has a solemn duty to uphold the Rule of Law, as prescribed by our Rules of Professional Conduct Rule 1 of the 2007 Rules, which states in part: ‘A lawyer shall uphold and observe the Rule of Law, promote and foster the cause of Justice…’ This is the NBA’s guiding philosophy, hence our motto: ‘Promoting the Rule of Law’,” Wali said.

    The NBA President added: “I remember the powerful and solemn proclamation of Lord Atkin in his celebrated dissent in Liversidge vs. Anderson (1942) AC 206, 245 at 244, written in the darkest period of World War II.

    “He stated: ‘In this country, amid the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war and in peace.’

    “The Legal profession is a profession of service. In maintaining Rule of Law, it gives vitality to the peace and order, the freedom and decency of the society in which we live. Sometimes, that may be an anxious duty, sometimes difficult to perform, but that has long been the experience of this robust and proud profession.”

    Inaugurating the Committee on Constitution review and Law Reform, Wali said: “As we all are aware, the review of the 1999 Constitution of the Federal Republic of Nigeria has gained considerable momentum. The NBA supports the proposed review of the 1999 Constitution.

    “It is our respectful position that more than anything else Nigeria needs amendment of some important aspects of the Constitution in the interest of democracy consolidation. Nigeria is a federation no matter how weak our federal practice has become in the succeeding years to 1966.

    “Conceptually, Federations normally evolve over time. Some have gone through major formal constitutional changes, while others have changed significantly, despite largely stable Constitutions”.

    “The NBA strongly believes that the written Constitution remains uniquely central to the organisation of the any Federation. That is why the NBA lends its support to the on-going Constitution review process. Constitutional amendment as the need arises is part of the typical dynamism of the Constitutional.”

    “Ladies and gentlemen, Nigeria is presently at this crucial trajectory. The NBA is of the view that the 1999 Constitution, as it is, cannot sustain our present democracy. The 1999 Constitution contains good provisions. However, it also contains weak and obnoxious provisions and equally admits of several lacunae.

    “Above all, the constitution has a legitimacy burden. But the big issue is whether all the aspiration of a people must be reflected in one fell swoop in their Constitution. We think not. The standard practice in older and most contemporary democracies is that Constitutional perfection is evolutionary”.

    “We all know that the process for the amendment of the 1999 Constitution is being undertaken by various government structures like the Senate Committee on Review of the 1999 Constitution, Federal House of Representatives Committee on the 1999 Constitution, Hon. Justice Belgore’s Presidential Committee on review of the 1999 Constitution, Nigerian Governors Forum, Civil Society, Presidency, Nigerians”.

    “It is important to note that Law reform is a significant part of the work of this Committee. This is because the NBA recognizes that achieving appropriate legal frameworks is an important component of sustaining reforms and economic development. This Committee is therefore charged with the onerous responsibility of not only identifying laws that have become anachronistic but formulating new ones that will aid economic development”.

    “The NBA feels a strong pull to contributing to this all important process. To this end we have set up an NBA Constitutional review and Law Reform Committee. The NBA has some reservations about the ongoing process as it does not appear to be very orderly.

    “There is no clear agenda or known methodology. Various government structures like the Senate Committee on the review of the 1999 Constitution, the House of Representatives Committee on the review of the 1999 Constitution, the Hon. Justice Belgore’s Presidential Committee on the review of the 1999 Constitution (whose white paper is yet to be released), the Governor forum etc. are all working towards the said amendment.

    “In fact, the House of Representatives will be holding a public hearing session simultaneously in all the three hundred and sixty (360) Federal Constituencies in the country on Saturday, November 10, 2012.Under the guidelines, each of the session in the 360 Federal Constituencies will be organised by an independent steering committee of stakeholders that include the member of the House representing the constituency”.

    “Our first instinct was not to be a part of this because we did not think that a one day gathering in 360 Federal Constituencies could be producctive towards reasonable amendment of the 1999 Constitution, but on a second thought, we decided to attend but without prejudice to our reservations on the inadequacy of the process and on any attempt to any claim to legitimacy if Nigerians are not given opportunities in the future to effectively participate in the amendment of the 1999 Constitution.

    “We will continue to call for a referendum, at the final stage of the process, thereby giving the average Nigerian a say in the amendment. Only then could any legitimate claim be made to it being a Constitution by ‘We the people of Nigeria’.

    “Referendum is the ultimate consultation with the people of Nigeria, not a one-day gathering in Federal Constituencies.”

  • Jonathan calls for global order based on rule of law

    President Goodluck Jonathan has called for the strengthening of rule of law both at the national and international levels to ensure equity and fairness for all people.

    This is as he assured the global community of his administration’s “unwavering commitment” to upholding the rule of law and implementing all pledges made by Nigeria to the international community.

    Consequently, he said that his Administration will continue to encourage the Nigerian judiciary to play a pivotal role in the advancement and elaboration of the rights of Nigerians through effective oversight over the actions of the executive and legislature.

    Jonathan made the declaration during his address to the first-ever High-Level Plenary Session of the United Nations on the Rule of Law yesterday in New York.

    The President said that the rule of law at international level must be based on the core principles of the United Nations which were further reaffirmed in the 2005 World Summit Document.

    This, he said, implies that countries must in good faith, honour their international obligations, including the obligation to refrain from the threat or use of force, the obligation to settle disputes through peaceful means, the obligation to protect human rights and fundamental freedoms and abide by international humanitarian law.

    “Nigeria subscribes to the view that it is only an international system based on the rule of law that can guarantee the protection of the rights of individuals and the interests of the less powerful in the global arena.

    “The principle of equality of States remains an important element in the promotion of the rule of law at the international level. The international community should therefore discourage any semblance of selective observance and enforcement of international law.

    “Nigeria recognizes the important role of the International Court of Justice and other international tribunals in the peaceful resolution of international disputes.

  • ‘Rule of law about to be subverted’

    The Adamawa State chapter of the Action Congress of Nigeria (ACN) has raised the alarm that hearing in its governorship election petition appeal at the Court of Appeal, Yola, was being delayed.

    The party said the statutory time allowed for the appeal may elapse, if the case is not slated for hearing in time.

    It alleged in a statement that the rule of law was about to be subverted, adding that certain forces are blocking the resumption of the case in favour of the Peoples Democratic Party (PDP).

    The statement reads: “We consider it imperative to quickly alert the whole world about the tactical delay being imposed on us in our election petition appeal pending at the Court of Appeal, Yola.

    “It is on record that the Governorship Election Petition Tribunal delivered its judgment on the 25th day of July, 2012 wherein the Tribunal dismissed the Petition of the Petitioners (Markus Natina Gundiri, Alhaji Abdulrazak Sa’ad Namdas and Action Congress of Nigeria) against the election of Rear Admiral Murtala H. Nyako and Bala James Ngilari, who contested on the platform of Peoples Democratic Party.

    “Dissatisfied with the Tribunal’s judgment, our candidates and the party, Action Congress of Nigeria, filed our respective Notices of Appeal on the 13th day of August, 2012 which initiated the process of compilation of the Record of Appeal and same was entered within the required time in the Registry of the Court of Appeal, Yola Division.

    “In line with the requirement of the law, we filed our respective Briefs of Argument on the 24th day of August, 2012 which were served on all the Respondents. The Respondents, who had five days from the date of service of the Appellants’ briefs, filed their respective reply briefs as follows on the 30th and the 31st days of August, 2012 while we filed our Joint Reply on the 5th day of September, 2012 by which date the appeal was due for hearing.

    It is worthy of note that by virtue of the Provision of Section 285(7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):

    “An appeal from a decision of an election tribunal or court shall be heard and disposed of within 60 days from the date of the delivery of the judgment of the Tribunal.

    “We hereby call on all conscionable Nigerians to kindly act now to avoid any form of technicalities aimed at depriving the freely given mandate to the duo of Markus Natina Gundiri and Alhaji Abdulrazak Sa’ad Namdas on the platform of our great party by the good people of Adamawa state on the 4th day of February, 2012, a mandate which was brazenly stolen in the full glare of the whole world”.