₦airaland Forum

For 16 years that the Peoples Democratic Party was in power, the federal government exhibited total contempt for the Rule of Law. The Constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis. In the famous case of Attorney-General of Lagos State v Attorney-General of the Federation (2005) 2 WRN 1 at 150 the Supreme Court held that "In our democracy all the Governments of this country as well as organizations and individuals must kowtow to the due process and this they can vindicate by resorting to the courts for redress in the event of any grievance."
 
 One of the reasons why Nigerians voted for the candidate of the All Progressive Congress, General Mohammadu Buhari (rtd) during the last general election was his promise to fight corruption and end impunity in the country. Upon winning the election, President Buhari further pledged to abide by the Rule of Law. To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law. In particular,  he should not allow overzealous security personnel to engage in any form of impunity and thereby expose the Government to unwarranted embarrassment.

In July last year, the State Security Service (SSS)  searched the private residence of former NSA, Col Sambo Dasuki (rtd) at Abuja. When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the federal capital territory that  authorised the search. He was eventually charged with money laundering and criminal diversion of huge sums of public fund before the Federal High Court and the Federal Capital Territory High Court at Abuja. Notwithstanding the gravity of the offences, both courts have admitted him to bail. But after he had met the bail conditions the SSS decided to rearrest him at the gate of Kuje prisons on the ground that investigations have not been concluded in respect of other criminal allegations.

The decision of the SSS to ignore the order admitting Col Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect. If the federal government were aggrieved by the order admitting Col. Dasuki to bail it should have challenged it in the Court of Appeal. Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law. The SSS and other security agencies should therefore refrain from allowing corruption to fight back by playing into the hands of the criminal suspects who have committed crimes against humanity by diverting money earmarked for the procurement of arms and armament to fight the terrorists.

 In the same vein, the order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with. If the federal government has other charges against both suspects it should file them in the court. There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile,  all valid and subsisting orders made by courts in favor of criminal suspects should be obeyed without further delay.

To ensure  that  suspects are no longer held in custody in any part of Nigeria without any legal justification section 34 of the Administration of Criminal Justice Act has imposed a duty on each  the Chief Judges to designate  a Chief Magistrate and  a Judge of the  High Court to visit all police stations and other detention centers within their jurisdiction, at least once a month. During such visits, appropriate directives shall be given while any officer who detains any person illegally will be sanctioned.

 Femi Falana SAN.

AntiIPOB:
This is long rubbish,for a country like Nigeria to developed,certain individuals such as kanu,dasuki and his co-thieves have to be lockup for life or be executed with a simple reason that they are the enemies of humanity.

ShowYourCertificate:
I think Buhari needs to be lectured on how to lead the country democratically. Else he will be setting the country on a dangerous trajectory thus making the country unstable politically.

AntiIPOB:
Where were you when jonah was busy feeding fat in aso rock while Dasuki and his co-thieves/pdp were busy sharing Nigeria money?
Or do you forgot then that you are a leadership lecturer?

ShowYourCertificate:
Don't invite anarchy Mr Man. The rule of law must be followed else there'd be anarchy and political instability. Or do you want another military coup? God forbid!

ShowYourCertificate:
Nobody is saying you shouldn't probe anyone. What we are saying is that the probe shouldn't be biased and that the rule of law be followed.

AntiIPOB:
Sometimes i do said this that we are our own problems.
Someone shared billions whch meant for the fight against terrorism,yet some people are calling for a fair trial for such individual,i wish this is china,s/arabia,malaysia,north korea etc,by now they should have remove their heads.

LordNaya:
This APC government is a draconial and dictatorial government with no respect for human rights and judiciary. This government needs to be stopped now.

AntiIPOB:
Bro,The pmb of now is not that of 80s,and i bet you,he has the military in his pocket now,beleived me if the likes of dasuki,kanu etc are executed today,by tomorrow everybody will go about their normal business as if nothing happened,because they are enemies of this country,let them rot in kuje.

ASL33:
If the president don't want a fair trial why taking them to court in the first place. He should have ordered their execution at the point they were arrested. Again its still the same court that will try them again. It makes no sense at all.
Scrap the court and save the funds being spent in running all the court houses all over the country if their ruling can never be obeyed. Its very simple.

LordVarys:
For 16 years that the Peoples Democratic Party was in power, the federal government exhibited total contempt for the Rule of Law. The Constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis. In the famous case of Attorney-General of Lagos State v Attorney-General of the Federation (2005) 2 WRN 1 at 150 the Supreme Court held that "In our democracy all the Governments of this country as well as organizations and individuals must kowtow to the due process and this they can vindicate by resorting to the courts for redress in the event of any grievance."


 
 One of the reasons why Nigerians voted for the candidate of the All Progressive Congress, General Mohammadu Buhari (rtd) during the last general election was his promise to fight corruption and end impunity in the country. Upon winning the election, President Buhari further pledged to abide by the Rule of Law. To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law. In particular,  he should not allow overzealous security personnel to engage in any form of impunity and thereby expose the Government to unwarranted embarrassment.

In July last year, the State Security Service (SSS)  searched the private residence of former NSA, Col Sambo Dasuki (rtd) at Abuja. When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the federal capital territory that  authorised the search. He was eventually charged with money laundering and criminal diversion of huge sums of public fund before the Federal High Court and the Federal Capital Territory High Court at Abuja. Notwithstanding the gravity of the offences, both courts have admitted him to bail. But after he had met the bail conditions the SSS decided to rearrest him at the gate of Kuje prisons on the ground that investigations have not been concluded in respect of other criminal allegations.

[The decision of the SSS to ignore the order admitting Col Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect. If the federal government were aggrieved by the order admitting Col. Dasuki to bail it should have challenged it in the Court of Appeal. Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law. The SSS and other security agencies should therefore refrain from allowing corruption to fight back by playing into the hands of the criminal suspects who have committed crimes against humanity by diverting money earmarked for the procurement of arms and armament to fight the terrorists.

 In the same vein, the order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with. If the federal government has other charges against both suspects it should file them in the court. There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile,  all valid and subsisting orders made by courts in favor of criminal suspects should be obeyed without further delay.

To ensure  that  suspects are no longer held in custody in any part of Nigeria without any legal justification section 34 of the Administration of Criminal Justice Act has imposed a duty on each  the Chief Judges to designate  a Chief Magistrate and  a Judge of the  High Court to visit all police stations and other detention centers within their jurisdiction, at least once a month. During such visits, appropriate directives shall be given while any officer who detains any person illegally will be sanctioned.

 Femi Falana SAN.
http://saharareporters.com/2016/01/10/orders-bail-dasuki-kanu-should-be-obeyed-femi-falana

AntiIPOB:
This is long rubbish,for a country like Nigeria to developed,certain individuals such as kanu,dasuki and his co-thieves have to be lockup for life or be executed with a simple reason that they are the enemies of humanity.