The rule of law and the constitutionalism have finally been nailed to the coffin in Nigeria by President Mohammadu Buhari. Throughout the history of democracy, rule of law and constitutionalism in the country, be they parliamentary or presidential, Nigeria had never experienced the kind of insult, mockery and bastardization it presently experiences under barely seven months old Presidency of Retired Maj. General Muhammadu Buhari.
Human rights records of the present administration are also negatively alarming, shocking and deafening. All the third generations of human rights (civil, political, economic, social, cultural, environmental and development/community rights) are observed in gross breach by the Buhari administration. Nigerian Judiciary under his administration is no longer the bastion of democracy and last hope of the common man. It is now a leprous arm of government; being mocked and cajoled from left, right and center. A civilian government that makes mockery of and disobeys the rule of law and constitutionalism is worse than a mad man running amok with a sharp dagger in a crowded market place.
Citizen Nnamdi Kanu is today, made a prisoner of conscience by President Muhammadu Buhari and his DSS. The President and his DSS had in the past sixty days, flouted and gravely disobeyed four express and consequential orders of the Wuse Zone 2 Magistrate Court and the Federal High Court, Abuja Division bordering on Citizen Nnamdi Kanu’s constitutional rights to personal liberty, association, assembly, dignity of human person, life and expression.
It is freshly recalled that on 19th October 2015, His Worship, Hon Shaibu Usman of the Wuse Zone 2 Magistrate Court in Abuja granted conditional bail to Citizen Nnamdi Kanu and on 22nd October 2015, all the bail conditions were fulfilled; but the DSS refused to release him on bail; claiming it was acting based on personal directive of President Muhammadu Buhari.
The Magistrate Court order for his bail was followed by two other consequential orders, which were also fragrantly disobeyed by the same DSS. On 18th November 2015, the DSS told the Wuse Zone 2 Magistrate Court that it had on 10th November 2015 secured an ex parte order from the Federal High Court, Abuja Division to detain Citizen Nnamdi Kanu for ninety days for the purpose of investigating him for terrorism and terrorism financing; using the flawed defense of unconstitutional Section 27 (1) of the Terror Act of 2011 as amended.
On 17th December 2015, the same Federal High Court, presided over by Hon Justice Adeniyi Ademola struck out and dismissed the DSS fraudulently and unconstitutionally obtained 90 days detention order and ordered for immediate and unconditional release of Citizen Nnamdi Kanu. The DSS, again, flouted the order and introduced delay tactics attached with stringent conditions, to frustrate the signing of final discharge papers at the Federal High Court that would have allowed Citizen Kanu to go home same day.
We were shocked to observe that 24hours after the DSS brazen resort to delay tactics and stringent conditions; contrary to the order of the Federal High Court; it came up again yesterday (18-12-2015) with further delay tactics; claiming that its DG must be present and personally sign Citizen Kanu’s administrative release order.
As these delay tactics were going on; the Presidency reportedly called and defiantly directed that Citizen Kanu must sign an undertaking renouncing his pro Biafran agitation, as a condition for its compliance with the court order; failure of which, he should remain detained in the DSS custody and be slammed with fresh (false)accusation of treasonable felony.
It was on account of the insistence of Citizen Kanu’s lawyers that the order of the Federal High Court must be obeyed and enforced to the letter that the DSS refused to release Citizen Kanu; claiming that he was being held on suspicion of commission of treasonable felony. Citizen Kanu’s lawyers and family members and friends spent over 14 hours yesterday, from 10am to after midnight, waiting for the DSS to release him to them as ordered by the Federal High Court, all to no avail.
Just like the phantom and failed accusation of terrorism and terrorism financing; the second phantom accusation of treasonable felony is also dead on arrival. We had in one of our recent public statements boldly compared the difference between a democratic statesman and a civilian dictator or despot. While the former binds and heals national wounds; the latter creates and inflicts national wounds; while the former is an upholder and respecter of the rule of law, human rights and constitutionalism; the latter is a manipulator of the rule of law and constitutionalism.
He also exploits the weakest provisions of the laws including retrogressive/retroactive criminal legislations and ouster clauses; for the purpose of entrenching his dictatorial or despotic grip and engaging in gross infringement of the citizens’ fundamental human rights. All the attributes of the latter above mentioned bear true characteristics of President Muhammadu Buhari and his civilian administration.
Emeka Umeagbalasi, Board Chairman
International Society for Civil Liberties & the Rule of Law
Uzochukwu Oguejiofor-Nwonu, Esq., Head, Campaign & Publicity Department
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The way federal government is handling this Kanu issue, it is winning more converts for the Biafra cause and making Kanu more popular. If care is not taken, Buhari might be the last president of Nigeria.