WHO IS NON-COMPLIANT TO THE "RULE OF LAW": EXECUTIVE OR JUDICIARY?

ZION B-BC   NEWSLETTER.  

(Looking at Nigeria's Political System From a Godly Perspective).

A Publication of the Zion Faith Bible-Believing Church Kpeyegyi Abuja Nigeria {Vol. 8.NO 316. 1st September, 2019.} “…ONLY The Truth, Will Set You   Free! (John.8:32). . PRAY & FAST EVERY WEDNESDAY TO STOP BLOODSHED IN NIGERIA!

WHO IS NON-COMPLIANT TO THE "RULE OF LAW": EXECUTIVE OR JUDICIARY?

The fundamental rights of Nigerian citizens had assumed the derogatory pun as the "Ruse of Law", instead of the "Rule of Law" for various reasons ranging from injustices experienced by suspects during investigations of infringements of the law, prosecutions of offences, bail procedures, temporary remands at the correctional institutions and finally, the unrighteous role of the Judiciary which should serve as the last hope of the common man!

Rule of law should not be given a blanket criticism/condemnation when unfavourable to some persons or segments of the society because of its human rights value chain and the wider implication of its jurisdiction over every facet of human endeavour and MUST be recognized:
As the law which is fundamental, inalienable, and enforces human rights of the individual as stipulated in the 1999 Constitution of the Federal Republic of Nigeria as amended;
That it should be recognised like the purveyor of freedom which must be prioritized through righteous  governance to ensure fair play, justice and equity to each citizen at every level of enforcement, investigation, prosecution and, or judgement;
That it is a system of law which guarantees innocence of individuals under investigation/prosecution until the contrary was proved at competent courts of jurisdiction;
That the law is applicable to all and sundry: litigants, appellants, accused persons, defendants, plaintiffs, respondents, the religious, the criminals, the rich/poor and all law-abiding citizens without exception;
And that in every true democracy, rule of law must act as the watchword to guide all socio-economic activities and establish the solid platform for crime-free societies where awareness and limitations of citizens rights are respected religiously!

CONTRAVENTION OF THE RULE OF LAW HAS COST NIGERIA TREMENDOUS BLOODSHED!
It is a decade down the line, (30th July, 2009 - 30th July, 2019), when the rule of law was denied to Boko Haram leader Mohammed Yusuf, who was reportedly killed in police detention after his arrest and hand-over by the Nigerian Army for investigation/prosecution in respect of offences of unlawful assembly, violent attacks on worship places, contravention of public order, etc. Following the alleged extra-judicial killing, his lieutenants/followers swore to avenge his death through insurgency and all manners of brigandage which resulted in terrorist acts of suicide bombing and mass kidnappings for ransoms! Not less than 100,000 persons have lost their lives, while billions of naira worth of strategic properties lost to the avoidable calamities! If the rule of law was applied to Yusuf and his followers, in 2009, the nation would have been spared the agony of human and economic disasters that were still ongoing!

URGENT ADVOCACY IS NEEDED NOW TO IMPLEMENT RULE OF LAW IN ALL FACETS OF LIFE!
Who should then be the expert or best qualified to interpret the tenets of the Rule of Law and legal processes of Criminal Jurisprudence in Nigeria other than the practitioners under the aegis of the Nigerian Bar Association (NBA), whose affirmative submission at their recent 59th Annual General Conference held in Lagos between Friday 23rd to Thursday, 29th August, 2019, was a consensus vote that, "the rule of law must be entrenched and given the prominence it deserved as the priority policy of the Federal Republic of Nigeria!" Being an annual event poised to ensure clientele professional satisfaction, practitioners at the 2019 edition deliberated on the trending national discussion on the danger threatening smooth execution of citizens fundamental rights in respect all the "freedoms" as enshrined in Chapter IV, Section 33(1)46(1)(4)(a)(b)(i)(ii) of the 1999 Constitution of the Federal Republic of Nigeria. Current Chairman of the Nigerian Bar Association (NBA), Barrister Paul Usoro, SAN, said during the Conference week that the ruling government of the All Progressives Congress (APC), could not be totally condemned for disobedience to the practice of rule of law, because in some cases, it was compliant.

The Chairman is also a beneficiary of the rule of law because in spite of being prosecuted for alleged money laundering fraud charge of the sum of N1.4 billion naira, he is presumed innocent and remains the Chief Executive of the body until the contrary is proven!  APC was rule of law compliant in the case of el Zakzaki and wife, who were allowed to travel to India for medical treatment; it was compliant when the courts ruled that it had no candidates in the Rivers Governorship/Election and Zamfara Governorship/National Assembly Elections/State House of Assembly Elections, which ultimately favoured the opposition Peoples Democratic Party (PDP).

VARIOUS COMPLAINTS AGAINST GOVERNMENT ON VIOLATIONS OF RULE OF LAW!
Legal practitioners. pressure groups, NGO's, CSO's etc, are quick to accuse governments at all levels of deliberate disobedience to courts orders and thereby violating the doctrine and the rule of law and by extension, the fundamental rights of several individuals! Although leader of the Islamic Movement of Nigeria, (IMN),  el Zakzaki and his are now enjoy bail facility, retired Col. Sambo Dasuki, who is facing charges of economic sabotage, money laundering, arms possession, in stilll in DSS custody in spite of many court judgements in his favour since 2015, because Government claims that NATIONAL INTEREST SUPERSEDES THE RULE OF LAW?

CULPABLE JUDGES AND LAWYERS!
In 2014, during a lecture titled "Nigeria at Centenary: A Nation in Bondage", a retired President of the Court of Appeal, in a very passionate indictment, claimed that the Judiciary was riddled with corrupt elements especially among those who called the shots at the Nigerian Judicial Council (NJC), and added that some dishonourable people, " not fit to be judges and senior lawyers, got into the system, made it the highest level of judicial career and subsequently  frustrate the common man's quest for justice and equity" He also claimed that it was an open truth that both serving and retired judges acted as "arranges" or "couriers", who reach out to "purchase justice on behalf of crooked litigants”‘ and concluded that the problems with the Nigerian Judiciary, might be compounded or unresolved for a long time because "Nigerians naturally hate the truth and whosoever voiced the truth was marked for destruction"!
THESE REVELATIONS WERE MADE LONG BEFORE THE "STING OPERATION" CARRIED OUT BY THE DSS ON 8TH/9TH OCTOBER 2016, ON SOME JUDGES WHO HAD BEEN UNDER WATCH BY THE LAW ENFORCEMENT AGENCY!

Eight months after that operation, described as unheard of, unprecedented and unlawful by detractors of the WAR AGAINST CORRUPTION, even though they are aware that Judges were not above the LAW, one of the accused persons, Justice Adeniyi Ademola, was DISCHARGED AND ACQUITTED by his fraternal colleague on the BENCH following a "NO CASE SUBMISSION" by the defence counsel and was set free to go home to enjoy the sweat of his labours and RESUME AT HIS DESK for business as usual!
He was among the SEVEN Justices investigated after that STING OPERATION carried out by the DSS on 8/9th October, 2016.He and his wife Olabowale and Mr. Joe Agi, SAN, were arraigned by the Economic and Financial Crimes (EFCC), prosecutors on an 18- count charge bordering on criminal conspiracy to receive gratification in various ways contrary to Section 8( 1)(a) of the Independent Corrupt Practices and Other Related Offences Act, 2000 and items recovered from his home included the following: Large sums of money in foreign currencies; $121.279 US Dollars, 400 Euros, 110 Indian Rupees, £80 pounds sterling totalling several millions of naira and also TWO PUMP ACTION RIFLES!
During his trial at the law court, evidences were adduced that the Judge transferred N175 million in TWO TRANCHES in N90 million and N85 million respectively to a property company through a Nigerian Bank and was also admitted in evidence that a litigant standing trial before the Judge bought a car worth over N7 million naira for Mr. Ademola junior!  That was not all, while the fate of ONE female Judge who was also on trial – Justice Ajumogobia, was yet to be decided, SIX Judges, who were about to be formally charged, were SUDDENLY RECALLED AND ASSIGNED TO DUTY POSTS BY THE NIGERIA JUDICIAL COUNCIL (NJC), who, arbitrarily decided that EFCC failed to file charges against them, months after their arrest and suspension!

WHAT ROLE HAS THE RULE OF LAW PLAYED IN ALL OF THE ABOVE? SHOULD CRIMINAL JURISPRUDENCE AND THE PRESUMPTION OF INNOCENCE TAKE ITS FULL COURSE WHEN NATIONAL INTEREST IS AT STAKE?

WHO DETERMINES WHAT CONSTITUTES NATIONAL INTEREST: EXECUTIVE OR JUDICIARY?
Defense of "National Interest" according to the Executive arm of government's understanding, constitutes total clamp down on clandestine initiatives/plans conceived and to be hatched by persons with ulterior dispositions in order to perpetrate criminal acts that could destabilize an otherwise peaceful environment with a view to causing confusion, danger, civil disobedience, anarchy or insurgency to innocent citizens, while the Judiciary believes that national interest should constitute total execution of the rule of law which would subdue and nip in the bud any form of disgruntled citizens insurrection!
Either way, both arms should unite to correct all existing flaws in the existing Constitution with a view to preparing the platform for a Constituent Assembly of eminent citizens who will fashion a BRAND NEW and unambiguous Constitution for Nigeria! "A house divided against itself shall fall!" A word is enough for the wise.

Please look forward to more divine revelation in the next edition of Zion B-BC Newsletter as you share this with friends and remain blessed in the Lord. [For weekly access, to this newsletter, log on to:  facebook.com/zionfaithbible.believingchurch or http://www.zfbbc1.blogspot.com, https://www.google.com/+zionfaithbiblebelievingchurch.

If you have not accepted the Lord Jesus Christ as your personal Lord and Saviour, don’t miss this great opportunity as you pray this prayer: Lord Jesus; I confess that I am a sinner who needs to be saved through the grace of the New Testament of your Blood, shed on the Cross at Calvary; I renounce every sin in my life and accept you as my Lord and Saviour. Please forgive me and write my name in the Book of Life. Amen. If you prayed this prayer, you have been admitted into the family of sons and daughters of God, who are born-again. Congratulations.

I am, yours sincerely, Dr. David B.A. Olufon, Resident Pastor and Editor. 08130669886, 08098194390.  08080243066. G-mail- dvdolufon@gmail.com.