President Muhammadu Buhari again pushed the narrative against the observance of the rule of law at the weekend as he asserted that national security and national interest should precede considerations of legality. Mr President chose the 58th Annual Conference of the Nigerian Bar Association to make this assertion aimed at furthering a gradual but sure-footed descent into illiberalism and dictatorship. It is the wrong path.
The presidential declaration builds on the agenda initially floated by the Minister of Justice and Attorney-General of the Federation, Abubakar Malami. Defending the intransigence of the Federal Government regarding court orders on the release of former National Security Adviser, Col. Sambo Dasuki, Malami argued that the rights of the nation are more important than those of an individual, claiming that Dasuki was responsible for the deaths of more than 100, 000 citizens. It was therefore okay to deny him his rights, in the Malami thesis. President Buhari’s declaration pushes this narrative by hinging it on a judgement of the Supreme Court. Buhari declared, “Our apex court has had cause to adopt a position on this issue in this regard and it is now a matter of judicial recognition that where national security and public interest are threatened, or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place in favour of the greater good of the society.”
The speechwriters of Mr President have made him take latitude with the interpretation of the Supreme Court’s decision in the matter of the application for bail by defence lawyers for Asari Dokubo in his tussle with the government. The Federal Government charged Dokubo with a treasonable felony. In Asari Dokubo versus Federal Republic of Nigeria (S.C. 208/2006), the court declined a request for bail given the nature of the case. It is suspicious to now cite it or use it as a decoy or justification for infringing on the rights of citizens or going on to disregard the observance of the rule of law. Nigerians of all professions and persuasion must rise up to decry this presidential kite flown to set an unfolding agenda of disregard for laws. Democracy in Nigeria is now in its 19th year in this incarnation essentially because of the observance of the rule of law. The present government is a significant beneficiary. However, this government inclines to push against the progress the nation has made on this path. It prefers the route of the rule of man where the government can declare white as black or change the gender of citizens. Across the land, officials of the state, at federal and state levels but mainly in the ruling party, have worked hard at turning back the clock of progress. There is growing impunity and observance of the law in the breach rather than in compliance. The Federal Government has carried out these wrong actions under cover of state security, deploying the Department of State Security, or in the name of anti-corruption, using the Economic and Financial Crimes Commission. While Nigerians sympathise with a President who in earlier times was used to command and control and the rule of force, it is imperative that he abides by his promise to observe due process and the rule of law. The rule of law is foundational to democracy. It is the pillar that holds this system of government in place and ensures that systems and processes work together for the common good.
Across Africa and even in our history, “national interest” and “national security” have served as cover for egregious violations of the rights of citizens. The courts only recently freed Mr Jones Abiri from two years of incarceration by the DSS in the name of national security and national interest. There was no trial. Nobody presented a case against him. The DSS just locked him in underground cells for a whole two years. Just like that, as Musician Fela Anikulapo-Kuti would say! Mr President now says such arbitrariness is justified. No, Sir! Under the military, national interest was a catch-all used to justify all manner of irrelevancies, fancies, and peccadilloes. Nigerians remember vividly how a governor ordered the caning of a journalist for reporting a strike by teachers and the publication of the story coinciding with the birthday of the said governor. The defence? The interest of the state!
As we approach an election year positioned as a must-win by the ruling party, all attempts to enforce the rule of man under any guise are repugnant and unacceptable. Nigeria must not relapse to the state of a banana republic, even as our economy is suffering. We must hold on to the convention in the community of the civilised that upholds the rule of law no matter what. The conventions of the United Nations to which Nigeria is a signatory emphasise adherence to the rule of law. There are no exceptions. The rule of law means that all persons, institutions and entities remain accountable to laws that are open, enforced equally and subject to independent adjudication. Most importantly, such laws would be subject to and consistent with international human rights norms and standards. It means our country must work to ensure adherence to the principles of the supremacy of law, equality before the law and avoidance of arbitrariness.
So, Dear President Buhari, the rule of law must remain sacrosanct in our democracy. It pays all of us to observe it and not to make exceptions under any cover.
Nwakanma is a media teacher and consultant based in Lagos
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