The Role of Law in Maintaining Sanity and Preventing Impunity in a Democratic Setting (Part 6)

Introduction

In the last episode, we discussed how law maintains and prevents impunity in a democracy, followed by a mere direct assessment of democracy and the culture of impunity, disobedience to the rule of law in Nigeria. Today, we will continue with impunity and disobedience to court orders. Enjoy. 

Impunity and Disobedience to the Rule of Law and Court Orders

Impunity and disobedience to the rule of law has continued to reign menacingly from electoral malpractices, Police brutality, unsolved murders, ethnic cleansing, god-faå–therism, corruption etc. For example, the country was thrown into mourning on December 23, 2001 when news filtered through the air that the Attorney-General of the Federation, Chief Bola Ige, SAN was murdered in cold blood in his GRA home in Ibadan, Oyo State; his murder has remained unsolved. In this category also falls the murder of Aminosari Dikibo a former National Vice Chairman of PDF on February 6, 2004; Igwe Barnabas, Chairman, Onitsha NBA and his wife, on September 10, 2002; Funsho Williams, Lagos PDP Governorship aspirant murdered on July 27, 2006; Charles Nsiegbe a political associate of former Rivers State Governor, Rotimi Amaechi and AC Governorship candidate in 2007 on November 21, 2009; Marshal Harry Uche, ANPP Senatorial Candidate for Orlu Zone on February 8, 2003 at his Owerri home, Imo state. These are just a few cases swept under the carpet as a result of impunity from 1999 to date.

It is also pertinent to mention the Odi (Bayelsa State) massacre carried out by the Nigerian Army on November 20, 1999, ordered by the then President, General Olusegun Obasanjo, GCFR, where over a hundred lost their lives. It was not until after serious legal battle, before the Government was finally ordered to pay compensation to the victims in 2014. What about the IPOB massacre of unarmed protesters in 2017, where many were reported to have been shot at close range, while many others were arrested and tortured. To date, no one has been made to account for this. The impunity continued with the Shittes massacre in Zaria, where at least about 348 Shittes members were shot dead by the Nigerian army. Also, no arrest has been made; in fact, no investigation was even carried out. On 17th January, 2017, reports filtered in that a Nigerian Air Force jet mistakenly bombed an IDP camp (Rann) near the Cameroonian border with at least 115 people killed in the process, and more than 100 injured. Aside the apology offered by the Nigerian Air Force, no investigation was carried out to unravel what could have led to such professional negligence.

Even in the last dispensation, though the Government led by President Muhammadu Buhari, swore to fight corruption to a standstill, impunity and disobedience of extant laws and rules, including the judgments of courts of competent jurisdiction, was the order of the day. The Government seemed to derive joy in breaching the laws and established rules. There was brazen abuse of the rule of law, and glaring impunity all over the country. The Judiciary was no longer the last hope of the common man, since it was apparent that the people at the helm of affairs, who claimed to be democratic, preferred the rule of force, which is alien to democracy, rather than observe the rule of law embedded in it. We hope the Ahmed Tinubu led administration, will do better. 

The deliberate attempt by the Executive to subdue the Judiciary through attacks on judicial officers is unmistakable, and has to a great extent, whittled the boldness hitherto exhibited by that arm. The humiliation of serving Judges by the executive arm, is one of the ways by which the Government creates an atmosphere of fear, in order to enable it perpetuate impunity and disregard of the rule of law, unchecked by the other arms of Government. For instance, in October, 2016, the houses of serving judicial officers were invaded by rampaging agents of the State (masked DSS operatives) between the ungodly hours of 12 midnight and 5 am. This was clearly in bad faith. The Judiciary was reflectively and calculatedly masked by the Executive, for total denigration. The personal targeting of identified Judges; the attempt to intimidate them, or to deflect them from fidelity to their oaths of office, to decide each case strictly on its merits.

The unrelenting character and partisan political aspect of the attacks on the Judges, has been alarming. Little wonder, it was widely reported that some good Judges preferred to resign. Once very proud and famous courts, are now criticised for buckling under political pressure. This cannot continue. The anti-corruption agencies of the Government must understand that they stand to gain nothing, by gleefully but unjustifiably humiliating the judex.

Moreover, the Government has also been accused of shielding corrupt members or officials of its party and government, selective move against selected opposition members or non-aligning party members; as a result, many financial misappropriation and other scandals have been swept under the carpet. For example, the $25 billion NNPC scandal remained uninvestigated, the Maina (grass cutter) scandal for which enquiries were carried out by the Committee headed by the then Vice President, Prof Yemi Osinbajo, SAN, also none was prosecuted, he was rather replaced with his close kin.

Another incident was the disobedience of the Inspector General of Police (IGP) Idris to the directive of President Buhari to relocate to Benue State, at the height of the Farmers/Herdsmen crises. The IGP even went ahead to shun the Senate’s invitation to render account of his office, with regard to protection of lives and properties. The power of the Senate to invite the IGP is embedded in Section 88 of the 1999 Constitution (as altered). The IGP was first summoned on Wednesday April 25, 2018, to appear before the Senate and explain his face-off with Senator Dino Melaye, and to answer questions on the incessant killings of innocent Nigerian citizens in Benue, Zamfara and Taraba State, but, he failed to appear. This was repeated on Thursday, 26th of April, 2018, when the IGP also failed to appear. This was however, explained away by the Chairman, Senate Committee on Police Affairs, Senator Abu Ibrahim, who informed the lawmakers that the IGP was in Bauchi as part of the entourage of President Muhammadu Buhari, and could not honour the invitation. The Senate thereafter, re-summoned IGP Idris, while refusing to allow the Deputy Inspector-General (DIG) Operations he sent represent him. The lawmakers unanimously agreed to re-summon Mr Idris to appear on Wednesday, 2nd of May, 2018. However, on the said 2nd May, 2018, the IGP still failed to appear. It was later gathered that, rather than honour the invitation, the IGP chose to make a trip to Kaduna State.

Reacting to this ugly trend, the then Senate President, Dr. Bukola Saraki said since Nigeria returned to democracy, no IGP had failed to show up before the Senate after being summoned. He likened the failure of the IGP to appear before Senate, to his alleged refusal to follow President Muhammadu Buhari’s order to relocate to Benue State.

Similarly, on the 18th of April, 2018 an incident that depicts the level of impunity ongoing in the country occurred. The Senate was invaded and its mace snatched. The National Assembly had sought to pass a Bill seeking to reorder the sequence of election, so that the Presidential election would be held first before the other elections. Senator Ovie Omo-Agege, reacting to this, alleged that the move was targeted at President Muhammedu Buhari. This led to the suspension of Senator Omo-Agege. In a reaction, on the said 18th of April, 2018, some armed men stormed the Senate Chamber along with suspended Senator Ovie Omo-Agege, overpowered security men and forcefully took away the mace, the symbol of authority of the Chamber, while the Deputy President of the Senate, Ike Ekweremadu, was presiding at the plenary. The stolen mace was subsequently returned by the Police, who made it clear that the mace was abandoned under an Abuja bridge. However, despite the wide condemnation of this act and the demands by general public that the Police should ensure that the perpetrators should be brought to book, not a single arrest was made by the Police in this regard. Even Senator Omo-Agege who was taken out of the scene by the Police was released shortly after, with the Police subsequently denying his arrest. This might not be unconnected to the fact that Omo-Agege (who was a great apostle of the then President, Muhammadu Buhari), had the executive might on his side. By virtue of this level of impunity, Nigeria’s democracy has suffered flagrant disobedience to court orders and for this, the Buhari Government was unfortunately not left out.

Also, worthy of mention in this regard, was withdrawal of funds from the Consolidated Revenue Account (CRA) without the approval of the National Assembly. Under the Constitution, it is clear that, appropriations of any kind and for whatever purpose, must be in accordance with procedural and substantive compliance with Section 80(1) – (4) of the Constitution. Unfortunately, a whopping sum of $l billion was withdrawn from the Consolidated Revenue Account, without such approval. Sections 81-83 of the Constitution carefully lay down procedural steps by which authorised appropriations and withdrawals may be orchestrated or set in motion, either as substantive Appropriation Acts or Supplementary Acts. (See Supplementary Act No. 2 (2010) authorising over N87 billion).

Section 82 of the Constitution was enacted as constitutional ingenuity that forestall governmental shutdown, on account of pending but uncompleted passage of appropriation Bills. Thus, in the event that the appropriation Bill is pending, or has not been passed into law, the President may authorise withdrawals from the CRF for the sole purpose of “meeting expenditure necessary to carry on the services of government”. In other words, for the government not to completely shut down, the President may make withdrawals not exceeding the amount authorised and withdrawn in the previous financial year.

The seal and approval of the Presidency on $l billion funds earmarked to authorisation to cloak the appropriation with the aura of legitimacy, constitutes a brazen demonstration of constitutional contempt and an indefensible arrogation, usurpation and encroachment on the premier legislative function of the National Assembly. It is a constitutional aberration; an affront on the ideals of our constitutional democracy, the values of democracy itself, and the hallowed doctrine of separation of powers. (To be continued).

THOUGHT FOR THE WEEK

“Ethics is knowing the difference between what you have a right to do, and what is right to do”. (Potter Stewart)