Government’s assault on rule of law

The Justice Reform Project (JRP) condemns the recent abominable invasion of a Nigerian courtroom by the Department of State Services (DSS) in a vicious, crude and unlawful bid to effect the unconstitutional re-arrest of human rights activist and journalist, Mr. Omoyele Sowore. On December 6, during a court session presided over by Justice Ijeoma Ojukwu of the Federal High Court, Abuja, officers of the DSS mounted a Gestapo style raid on the Nigerian judiciary, causing members of the public, lawyers and a sitting judge to flee for safety. In the ensuing mayhem, Mr. Sowore was physically dragged out of court by officers of the DSS and re-arrested under the guise of a failure to meet bail conditions. Thus, began a new dark and dangerous chapter in the decline of our nation-state and the recent series of affronts against the rule of law by the current administration.

The abuse of power by public officials in Nigeria is an aberration which has attained notoriety as part of the fabric of our society. Both at home and abroad, this badge of shame stains our collective national consciousness and makes a daily mockery of our selective adherence to the rule of law. Nevertheless, this recent egregious display of executive lawlessness by the DSS in a Nigerian courtroom must give us all pause as we contemplate both how we have come to this and what steps next to take, both as individuals and as those who sit in positions of moral and legal authority in this country.

It is now impossible to ignore the persistent disregard for the rule of law by the current administration. This is particularly exemplified by its frequent disobedience of court orders relating to bail of Nigerians in criminal proceedings initiated by the Federal Government. A government outside the law is no government at all. Equality before the law is the only true protection we have against the spectra of oppression and undue influence that those in positions of authority would otherwise dangle over the heads of ordinary Nigerians.

Nigerian constitution is the supreme law of the Federal Republic of Nigeria. It is the foundation of its government and its provisions are sacred and binding on all authorities and persons throughout the country. One of the cardinal tenets enshrined by the constitution is the principle of separation of powers where, as Justice Eso of blessed memory once espoused, each arm of government; Legislative, Judiciary and Executive, is an equal partner in the running of a successful government. The recent executive subversion of the principle of separation of powers that binds together our republic is a betrayal of the same constitution that the President has sworn to uphold and defend. The magnitude of this betrayal, as it plays out before an international audience, is not to be trivialized and will have dire consequences on the legitimacy of the Buhari-led administration moving forward.

The Greek philosopher, Aristotle once said that at his best, man is the noblest of all animals; separated from law and justice, he is the worst. Only constitutional backing distinguishes the acts of a government from those of armed gangsters. The Nigerian government is established under the law and the acts and conduct of the government, its agencies and officers must maintain full compliance with the law and strict adherence to its tenets.

At the time of his purported re-arrest, Mr. Sowore had apparently satisfied the stringent bail conditions imposed by the Abuja Division of Federal High Court, where he is standing trial. In the days that followed the grant of bail to Mr. Sowore, successions of contrived rationalizations were supplied by the DSS for its failure to release him. Only when the court affirmed its order with a 24-hour ultimatum did the DSS simulate compliance with the lawful order of bail. This was shortly followed by the now infamous events of December 6.

Apart from the President who seems to have abdicated his responsibility to ensure good governance in accordance with the law, it is a matter for regret that the Attorney General of the Federation, Abubakar Malami (SAN), has also continued to turn a blind eye to the persistent disobedience of court orders by this President and his DSS. As the chief law officer of our country, the AG has the sworn duty to ensure maintenance of law and constitutional order. Although the AG’s recent gesture in taking over the prosecution of all charges against Mr. Sowore from the DSS is a positive step, it comes as only very little, very late.

The Attorney General must pay more than eye service to Nigerians and the growing global audience to prove that the rule of law is alive and well in Nigeria. He must ensure that Mr. Sowore and all others, including Mr. Sambo Dasuki, whose release has been ordered by the courts but are still being detained by the DSS, are released immediately on bail terms sanctioned by the courts. Whatever the AG’s actions, there are larger forces now at play. Ordinary Nigerians and the lawmakers who represent them must now consider whether the actions of this President will continue unsanctioned or whether these seeming acts of gross misconduct constitute sufficient grounds for the institution of formal proceedings to sanction the President’s actions.

• Adekoya and Candide Johnson are both SANs wrote on behalf of Justice Reform Project (JRP)