Rule of law and enforcement

Rule of law and enforcement: Key tools for sustainable growth

I have chosen to write on this forgotten aspect of our national dilemma for reasons that are consistent with my beliefs that besides the structural defects of the entity called "Nigeria", there abound several internalized issues that needs be addressed for the emergence of an equitable country of our dream.

The rule of law is based on certain accepted premises of which respect for the law, equality of the law, protection of the peoples liberty as well as the supremacy of the law are all embodied in that premises. So a careful analysis of this package, reveals clearly the intentions of the originators of this golden rule.

A country can only make meaningful progress in all sphere of economy, political, social or cultural if there is a strict enforcement of the rule of law and respect for the rule of law. The U.S is aptly called God’s own country, not simply because it chose the name, but by its religious obeisance to the rigidity of the tenets of the rule of law, it is a country when there is absolute belief in the legal system, it may not be a perfect society devoid of problems, but it upholds and respect the rule of law, the guarantee of personal liberty, and the impartial enforcement of the law.

Because of the tales of unfettered official corruption, abuse of discretionary powers by government functionaries and agents, double standard in law enforcement, unclear laws and in most cases gross disrespect for the law by those in and out of power rampant amongst African nations, many Euro-centric writers who are limited by their understanding and experiences are quick to aver that there exist no laws in Africa.

It is submitted here that, there are laws in Africa and in Nigeria, what perhaps is deficient is impartial law enforcement. With that in place, it defeats entirely the whole basis of equality before the law which is the hallmark of the rule of law and inconsistent with the theory of rule of law. Some writers have pointed out repeatedly that, the long stay of the military may have been responsible for the disrespect shown to the law by the average citizens. Here some example suffices to buttress those views. Firstly, the now popular "mad dog" syndrome involving late M.K.O.Abiola and some air force personnel did not see the light of justice. Also in the same category is the "Amakiri case " involving retired Alfred D-spiff.

With this non- isolated incidences in mind, the khaki boys and the average Nigerian citizen have grown to accept the normative standard that the military are not bound by the civil laws of the country nay the courts system. One way this myth of military superiority was established in the psychic of the citizens, is the brazen manner with which the military disregard court injunctions and orders and the frequent suspension of the constitution after every successful coup d'tat.

One would expect that civilian democracy would usher in a different scope to this flagrant abuse, but events lately do not indicate otherwise. The handling of the former speaker of the House of Representatives shows these double standard and sacred cows nature in law enforcement in Nigeria. There are laws and punishments stated in the criminal code for his alleged offence but it was twisted and the justice department cum the police find themselves playing to the "unstated rules" There have been several other cases similar to the above, yet the law is not enforced. I read with shock too, of similar allegation against the former speaker of the delta house of assembly, yet nothing… this raises the question of if there exist district attorneys or by whatever name they are called in Nigeria doing their briefs.

By conduct over the years, Nigerians have tarnished and reduced to infinitesimal roles and confidence on the judiciary and enforcement. It is easier for a Lagos landlord to evict it tenant. All they do is to fraudulently serve a non-existing person a copy of summons and the next day or so, the poorly equipped bailiff is armed with ejection orders, executed by thugs most times with the assistance of the police. They you ask what type of country is this? Where are we heading? The "Miranda law "is never properly enforced, in 1993-1994 the courts were used as instruments to be toyed with by both the military leaders and some civilians, it there fore was not uncommon to hear some misguided Nigeria naïve enough to call human rights activist trouble makers and meddlesome interlopers. These humans right activist were treated as, and are still treated as criminals by the police and other government security agencies. Late Ken wiwa never got the time to file an appeal before he was executed. Nigerians have come to see the otherwise supposedly independent judiciary as part of the executive arm. At least it was reported long time ago, how Babangida bought the Supreme Court justices some Mercedes Benz car gift, which was shamefully defended by some justices then.

Again Nigeria is caught again with federal constitutional matters that needs to be resolved only through the court interpretation and some Nigerians are calling on the president to give a ruling by fiat am talking about the "sharia laws" in some states. Much as it is illegal and compromises the personal liberties of non-Muslim Nigerians to conform to certain standard of beliefs, restrictions and ways of life, the only option to the sharia law is for any aggrieved Nigeria to challenge it in court. This surely is a federal issue and that is where the attorney general of the federation should defend the secularity of the Nigerian federation as contained in the constitution. This is how the rule of law works and operates .The court is the last hope of the citizen to protect their right and freedom.

Once there exist an impartial enforcement of the laws, the large scale public looting will be eliminated, police brutality reduced and executive tyranny will become non- existent .The absence of it and not having a clear cut standards, have contributed to many Nigerians knowingly and otherwise, allowing their rights and liberties to be infringed upon without challenge in court because it is accepted that a victory in court has not been effectively enforceable against organs like the police, government, and even some "powerful" individuals as such actions would only spell more tales of woes for the complainants.

There is a serious problem here my fellow countrymen. This chaotic and undefined situation needs to be seriously addressed and solution proffered immediately. The court system with its epileptic snail speed of adjudication may be addressed. If Nigeria can spend so much of it’s money on an unrewarding Ecomog intervention in Liberia and sierra Leone, then it should channel fund to equip the courts and justice ministry right from better court buildings, to increase pay for judicial officials including and not limited to computerization of their activities as a means to ensure prompt justice. For justice delayed is justice denied. Lobbyist should press for courts and prison reforms. The prison and detention facilities should be detached from the police building and control. Law enforcement should be given priority to make the country a safe and equal haven for all. Nigerian security agency seems to take pleasure not respecting and protecting personal freedom, liberty and rights. Once there is no conscious effort to massively campaign for the enthronement of respect and guarantees for liberty, it is impossible for there to be respect for the law or its impartial enforcement.

This house cleansing should start from the top beginning with the executive, legislative and judiciary arms of government. Nigerians are apt to follow this golden path if the government takes the first step by prosecuting all involved in ill-gotten public wealth. No one should be spared nor should it be done as if it were a vendetta. Every Nigerian should be seen and treated equally before the law .No man should enjoy maximum protection before the same law at the expense of the other.

When this is done, and until it is done, any hope for national integration, nation building or having a just society /country would only remain a figment of academic imagination.

Fellow Nigerians arise and join the crusade to clean Nigeria up from the dark days. We can no longer blame the woes of the country on the military, we all owe the next generation a duty to provide a country of the 21^st century for them. This is the time – charity begins at home, Nigeria is our home let us make it work. Convince and talk to the next man, and you would be surprised how much work you have done to make for the flourishing of the rule of law and enforcement.

Ejiofor, Ritchie Esq,

Commentator of contemporary issues