‘The world no longer has a choice between force and law; if civilization is to survive, it must choose rule of law’ –––Dwight D. Eisenhower
On 23rd September 2019, when Nigeria’s Chief Justice, Hon. Justice Tanko Muhammad was called to give a speech at the special session which marks the beginning of the 2019 – 2020 legal year in Abuja, his words fired the audience into an enthusiastic euphoria of change. He said: “The rule of law must be observed in all our dealings and we must impress it on the governments at all levels to actively toe the path. The rights of every citizen against any form of oppression and impunity must be jealously guarded and protected with the legal tools at our disposal”.
His most charismatic words: “All binding court orders must be obeyed. Nobody, irrespective of his or her position, will be allowed to toy with court judgments…As we know, flagrant disobedience of court orders or non-compliance with judicial orders is a direct invitation to anarchy in the society.”
Little would the CJN have known that in less than 24 hours, in the same city where he made the proclamation, his words would be put to test by those whose expertise rely only in disobeying court orders. A Federal High Court in Abuja ordered the immediate release of social crusader Omoyele Sowore from DSS facilities on 24th September, 2019. Three days after, the DSS is yet to obey the order of court for the immediate release.
There are obvious intertwines among the rule of law, democracy, and the independence of the judiciary. For example, when the DSS arrested Sowore on 3rd August 2019, the agency believed it acted pursuant to a law – rule of law. After detaining Sowore for some days, the agency thought of further detaining him by relying on another law and it approached a law court to obtain prolonged detention order – again, rule of law came to play. Now that the same court which granted the initial detention order has ordered the release of the defendant, rule of law becomes useless.
When orders of courts are flouted with loose-regard as we have today and when human rights abuses are replete in a government’s affair – the Nigerian government, the judiciary and indeed democracy are at the receiving end.
Nigeria’s government may not be a high-performer in providing quality education for its citizens, poverty indices may be on the negative rise under the government’s watch, the government may be failing in adequate protection of lives and property of its citizens, but one distinguishable hallmark of excellence which the government possesses, and which admits of no controversy is that no nation in the world beats Nigeria to the game of flouting court orders.
It is established fact that well-settled laws, fair trials and enforceability of court orders enhance the stability of democracy and instil confidence in the common man of a sure hope that justice would be obtainable in court.
There is a need to call a spade a spade and bring sanity aboard. The CJN needs to bring his words of 23rdSeptember 2019 to life. He needs to make a public statement on this attack on the rule of law being perpetrated by “serial rapists” who are taking no chance to rape the life out of the Nigerian constitution. The CJN needs to act now.
¬¬––Tope Akinyode, Constitutional Lawyer and Human rights activist
