Rule Of Law Overrides National Security, Lawyers Reply Buhari

Link:

https://independent.ng/rule-of-law-overrides-national-security-lawyers-reply-buhari/amp/

Abuja / Lagos – Prominent lawyers and human rights activists on Monday punctured President Muhammadu Buhari’s statement that national security overrides rule of law in the country.

The lawyers said the president’s posture constitutes a dangerous precedent to rule of law and fundamental human rights in Nigeria.

Buhari had in a speech at the opening ceremony of the Nigerian Bar Association’s annual general conference urged lawyers to put national security over and above the rule of law, adding that the security of the country could not be sacrificed on the altar of rule of law, especially where national security was threatened.

Femi Aborishade told Daily Independent that it was unfortunate that Buhari could assault rule of law concept at a lawyers’ conference without a serious challenge, adding that his submission shows how real Nigerian society has degenerated.

To him, it is for the court to determine when and if national security would override the freedom of the individual and then hold that the individual may not be released.

“For the executive to act blatantly against court orders directing release of a detainee, rationalise executive lawlessness/rascality and receive an applause rather than an instant protest of disapproval makes me sick.

“We didn’t have it so bad even under military dictatorship. For the military to take away rule of law and the power of the court to adjudicate in matters of basic freedom, they had to put in place Decree No. 2, which ousted the jurisdiction of the court once produced in court. Some of us had the experience of being detained under Decree No. 2.

“Today, in a regime in which the vice president is a SAN and former Attorney General, rule of law is being assaulted and we are all being insulted by a fascistic and reactionary definition of rule of law. Yet, the regime is being applauded. What a shame! Let the APC pass law to say the executive would have the discretion to obey or not obey court orders in matters of individual freedom. We reject being ruled by the whims and caprices of an individual or a cabal”.

Ebun Adegboruwa said in a statement that the president’s postulation that national security should override rule of law consideration may unwittingly portray him as harboring dictatorial intentions, for preferring national security as priority for governance.

“Taken to its proper interpretation, it may be taken to be an advance notice to the people of Nigeria, to brace up for likely threats to their rights and liberties, as the 2019 elections approach. Whereas we all support the president in the fight against corruption and terrorism, it is still necessary to allow the rule of law to have the pride of place in all spheres of governance.

1. t was under national security for instance that I was kept in custody from November 2007 till July 2008, without trial at all. What we all hear nowadays about security votes and related corruption is enough to tear down the veil of national security.

He implored President Buhari to accommodate the supreme law of our land, the constitution, which already contains enough provisions to integrate national security within the due process of law.

Frank Tietie, Executive Director of Citizens Advocacy for Social and Economic Rights (CASERS), faulted President Buhari’s assertion,” saying the position is call to anarchy and self-help.

Tietie noted that world over rule of law has remained the pillar on which democracy hinges, and that even in wartime and emergency rule, laws are made to protect human right and arbitrariness.

He said President Muhammadu Buhari cannot use national interest and security to justify his administration’s continued disobedience of valid order of court

Where such interest or security concerns are warranted, Tietie said they must be made clear to the court, insisting that is the court that determines what is right and wrong and more so what constitutes national security, not a few individuals.

According to him, it the refusal of government to obey order of court that really constitutes a threat to national security and national interest. He argued that in the absence of court, the citizens may resort to self-help, leading to implosion of the social order.

He, therefore, called on the government to release detained former National Security Adviser, Sambo Dasuki, who has been held in captivity despite being granted bail.

“Even during a war, which is one of the most advanced form of armed conflicts, there is still the rule of law. There is what is referred to in international law as law of war which is akin to the law of armed conflict or international humanitarian law.

“At no time in any democratic country and the international community, is law, especially human rights suspended, even in times of war or emergencies. Even when there are emergency powers, they are created and regulated by law.

“So during wars and any situations of armed conflicts, including contrived wars such as the war on terror, the war against indiscipline and the war against corruption, law and respect for human rights must be observed and enforced”, Tietie.