The rule of lawlessness
The rule of law is increasingly under attack in Nigeria. In simple terms the law has two qualities; it’s “spirit”, and it’s “letter”. The spirit of the law infers that administration of law is about redressing unjust situations. It has long since been declared dead in Nigeria. In saner climes when people commence litigation their objective is to seek justice.
Here in Nigeria it’s the opposite. Our Courts are increasingly used to frustrate justice. As for the letter of the law, Nigerian lawyers continuously seek ways in which to twist the meaning of very simple words to ensure that cases drag on for years and guilty persons go free. The legendary Lord Denning warned about allowing people to… “use the law to escape justice!” Nigeria has graduated from the indiscipline of the 1980’s to lawlessness. Lawlessness isn’t the absence of laws, but rather a disrespect for them and the inability to enforce them. Not only are our law enforcement agencies underequipped and under-funded, but in addition there is little incentive for ordinary Nigerians to be law abiding when political actors flout laws with impunity.
Regrettably the All Progressives Congress (APC) national government shows little appetite for upholding the spirit of the law. They are yet to address the matters of our prisons being full of awaiting trial inmates who haven’t been found guilty of any offence, our police refusing to bail people on self-recognition no matter how trivial the case, and interminable delays in Court cases, all of which diminish justice. Notwithstanding the change agenda, Government officials and operatives continue to act as though the rule of law is unimportant. They openly brutalise citizens, commit extra-judicial murder, abridge citizens’ rights, refuse to pay judgment debts and disobey unfavourable Court orders. The last is especially true in the cases of Court orders relating to Ibrahim El-Zakzaky, Ibrahim Dasuki and Nnamdiu Kanu where there is a most wanton abuse of rights and disregard for the rule of law. This isn’t the way democratic political systems are supposed to work. In spite of the reasons which government officials proffer, there are in truth no issues of “national security” that can justify ignoring Court judgements.
Nigeria supposedly operates an “American style” Presidential system of governance. US President Donald Trump was elected on a promise of tightening immigration controls as a means of preventing terrorists from entering his country. Upon assuming office, he immediately issued a “travel ban”. The ban was suspended by a relatively minor District Court and Trump has obeyed the Court order ever since, despite the “security risk” to his country. Our leaders must learn that good intentions can never be an excuse for disobeying Court orders. Nigerian government appointees aren’t necessarily the most intelligent or principled in the land. Indeed, the opposite increasingly seems to be the case. They appear far more interested in loyalty to whatever forces elevated them, than considering the illogicality of their actions and their negative impact upon the nation.
Corruption isn’t only about embezzling public funds, it’s also about distorting the control systems designed to moderate the behaviour of public officials. There is a major threat to democracy in this country and it’s coming from those who have benefitted from it. The rule of law is being dismantled by people who should know better. Their selfrighteous excesses, hubris and indifference to the plight of citizens has only succeeded in bringing the reputations of the Executive, the Judiciary and the Legislature into disrepute.
Laws enacted to regulate the behaviour of members of the three arms of government are being serially ignored, broken and disobeyed. As a result of this bad example ordinary citizens are themselves becoming more lawless every day. Unfortunately for the nation, a combination of adverse economic problems and political naivety has led to the APC’s inability to articulate their change agenda in any meaningful way other than the anti-corruption war. They have been unable to wield together a party with unity of philosophy and purpose. Worse still it’s becoming increasingly evident that within the ranks of their elected and appointed officials there is a deficiency of people who have the vision and drive to effect change in a democratic environment governed by the rule of law.
No matter how corrupt members of the National Assembly (NASS) may be alleged to be, they are a constitutional authority and the Executive cannot succeed without them. Both parties must cease ridiculing themselves and learn to work together at this critical period when the nation is on the brink. The needless legal controversies involving the NASS highlight the fact that 16 years after the end of military rule our political class has yet to develop a true understanding of, and love for, democracy. The rule of lawlessness always reigns when there is a high level of ignorance and poverty. Ignorance prevents citizens from knowing their rights, while poverty ensures that they are pre-occupied with day to day survival. If we are not careful the ever-increasing numbers of children out of school coupled with our worsening economic situation is set to ensure that lawlessness thrives for generations to come.