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| Richarmond O. Natha-Alade |
“Rule of Law must be subject to
the Supremacy of nation’s Security and National interest’...” President
Muhammoudu Buhari
I have studied the above position
of the President of Nigeria on Rule of Law and National Security, without
mincing words, he goofed, but in a way, he stated what the law is.
I had followed the conversation
on Rule of law for the time being, including the position of my all time father and friend, Chief Adeniyi Akintola, SAN to the effect that ‘things must be done in accordance
with the rule of Law; howbeit, if Rule of law would not handle some critical
issues of the Nation, it can only be suspended in order to have an impactful
reforms, especially on corruption, as drastic problems needs drastic solution…’
It must be emphasized herein that
all persons found culpable in the process of destruction of this nation in one
way or the other, had always chanted one similar anthem; ‘Rule of Law’
What is Rule of Law? It has long been settled by the Supreme court
had in the case of MILITARY GOVERNOR OF LAGOS STATE & ORS V. OJUKWU &
ANOR (1986) LPELR-3186(SC) ( Pp. 21-22, paras. C-A ) where Per Obaseki, JSC
held as follows:
"The Nigerian Constitution
is founded on the rule of law, the primary meaning of which is that every thing
must be done according to law. It means also that government should be
conducted within the frame-work of recognized rules and principles which
restrict discretionary power which Coke colorfully spoke of as 'golden and
straight and of law as opposed to the uncertain and crooked cord of discretion'
(see 4 Inst. 41). More relevant to the case in hand, the rule of law means that
disputes as to the legality of acts of government are to be decided by judges
who are wholly independent of the executive. See Wade on Administrative Law 5th
Edition p. 22-27. That is the position in this country where the judiciary has
been made independent of the executive by the Constitution of the Federal
Republic of Nigeria 1979 as amended by Decree No. 1 of 1984 and No. 17 of 1985.
The judiciary cannot shirk its sacred responsibility to the nation to maintain
the rule of law. It is both in the interest of the government and all persons
in Nigeria. The law should be even handed between the government and citizens."
Considering the above position,
it could only be deduced that the executive arm of government is bound to
follow the law on all spheres of its engagements except the legislatures deems
it fit that same be suspended on certain issues and for certain reasons, as
advanced by Chief Adeniyi Akintola, SAN.
While I would not by this article
point out if Rule of law had done more evil to us than good in respect of some
aspects of our nation’s economy and life, it is commonsensical to half full
grasps of our national life and justice dispensation before we can make a
justifiable appraisal.
That said, coming back to the
President Buhari speech at the opening ceremony of the Nigerian Bar Association
58th Annual General conference held in Abuja, the Federal Capital
Territory. I must state here that, I share the opinion of the NBA president on
same, indeed same was apt and positive, it simply means the NBA president sees
himself and NBA as partners in progress of this country and chose not toe the
line of mischief in the face of reality. Perhaps, before the NBA president’s
speech condemning the statement while trying to put things in right
perspective, I had earlier analyzed same with some of my colleagues, that
president Buhari meant something else by what he said, and not by how he said
it.
Immediately I heard Mr.
President’s wordings, listening to all other aspects of the speech, I entered
into the mind of President Buhari, I felt the pulse and how it works; he never
meant any harm but attempted to quote the law as it is.
How do I mean? President Buhari
is not a lawyer, He is not an expert in the use of legal terms and semantics,
he only went with the trend that ‘something’ must be subject to National
Security and interest.’ Although, he goofed, but it should be noted that making
mistake is not a crime.
Indeed, by President Buhari’s
wordings, he is only emphasizing the sole purpose of any government as
contained in Chapter 2 of the constitution; which is primarily to protect the
lives and properties of all its citizens. It is important to appreciate the
angle from which President Buhari is coming from.
I had on several occasions
listened to Festus Kenyamo, SAN, the Spoke person for the re-election of
President Buhari on issues bothering on personal interests and National
Interest / Security. I make bold to say that his position is the position of
law. I further make bold to say that that was what President Buhari intended.
I must state here, that even in
the United State of America, they kept Guatanamo Bay, a place where United
States law do not operate and where prisoners can be kept perpetually for the
sole purpose of National interest and nations’ security. United Nations and
other international bodies had had course prevail on US to close same down,
such decision is often vetoed being a permanent member of the Security Council.
More so, the US purposely refused to be a signatory to Statute of Rome and several
other international treaties in order not to be caught up by its content of
human rights and rule of law, indeed, we can see the effect of putting America
first slogan on the Americans’ land.
I am not unaware of several
sensitive cases pending in our various courts which the subject matter bothers
on National interest and individual interests. The position of law at all time
had been that where the liberty, freedom and interest of an individual will put
to risk the security and interest of the nation, that of the nation called ‘National
Interest’ shall override the individual interest and/or right.
I hereby refer to the apex court
decision in the case of FAWEHINMI V. NBA & ORS (NO 2) (1989) LPELR-1259(SC)
( P. 83, paras. C-E) where Per AGBAJE ,J.S.C in delivering the unaminous judgment
of the Supreme court made reference to the locus classicus case of Ariori v.
Elemo and held as follows:
"In Ariori v. Elemo (1983) 1
S.C.N.L.R. 1 this court held as follows: (1) Fundamental rights that are for
the sole benefit of the private individual can be waived. These include the
right to speedy trial which a litigant can waive by asking for an adjournment
of the case in so far as the adjournment does not give rise to a miscarriage of
justice. (2) Fundamental rights that are for the benefit of the litigant and
the public cannot be waived..."
We cannot but imagine how many
people had been killed, maimed and mutilated by Shekau, the acclaimed boko haram
leader. I am sure despite all the videos and overwhelming obvious atrocities
and wreck inflicted on the nation, if he is caught today, many people will sing
their usual anthem, ‘Rule of Law’ whereas in advanced clime, such people would
be quarantined and totally shot away from the community till his fate is
decided; This, despite their very good justice system.
In the above regard, I humbly lay
to bare the decision of the Supreme Court in the case of DOKUBO-ASARI V. FRN (2007)
LPELR-958(SC) ( P. 38, paras. B-E ) Where Per MUHAMMAD ,J.S.C held as follows:
"The pronouncement by the
court below is that where National Security is threatened or there is the real
likelihood of it being threatened, human rights or the individual right of
those responsible take second place. Human rights or individual rights must be
suspended until the National Security can be protected or well taken care of.
This is not anything new. The corporate existence of Nigeria as a united,
harmonious, indivisible and indissoluble sovereign nation, is certainly greater
than any citizen's liberty or right. Once the security of this nation is in
jeopardy and it survives in pieces rather than in peace, the individual's
liberty or right may not even exist.”
In the above instance, if the Nigerian
president meant to say the law as it is, what crime has he committed?
It was in this country someone
has a radio station, shut several videos threatening to burn down Nigeria and
kill everybody and that he was already contacting people outside the country
already making bombs and other missiles, for the sole purpose of destroying the
country called zoo…
While I would not discuss or
analyze the propriety of court granting bails to people like Dasuki, Nnamdi
Kanu, El-Zazaky et al; which would be most unlikely in advanced climes, I urge
my Lords to always put the country first in granting any order that seems to
rival individual rights with the national security and interests.
People who had died as a
consequence of the actions and inactions of these persons whose conducts
threatens national security and interests are also human beings. In their
grave, they can no longer shout or cry for their fundamental rights or rule of
law.
Individual rights should never in the interest
of our national existence, the nation's indissolubility, security and general interest be placed
above the National interests and security.
Richarmond
O. Natha-Alade
Principal
Partner,
Sun
Natha-Alade & Partners (SNATHAP)
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