In bowing to local and international pressure to respect court orders and the rule of law in the case of two detainees, Omoyele Sowore and Sambo Dasuki, the President, Major General Muhammadu Buhari (retd.), has doused some tension in the land. Swallowing his words that he could not order the State Security Service to release the detainees on bail as directed by the courts, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, finally did just that and the duo emerged from the gulag, Dasuki, for the first time in four years. This is a very modest, but welcome victory for the campaign against relentless impunity by the Federal Government.
But it remains just that: a modest step in the right direction by a regime that has demonstrated the worst forms of intolerance and disregard for basic rights and the rule of law. Its recent action, however, raises hope that a positive change in attitude is imminent and that Major General Buhari (retd.) is truly coming to terms with the basic demands of democracy and the supremacy of the rule of law. Malami, in his statement, asserted this much, saying that the regime was determined to respect the courts and promote the rule of law. A few days earlier, while restating his impatience with due process, Buhari also repeated his willingness to abide by the rule of law. Both men should walk the talk: strict observance of the demands of the law is not discretionary. Everyone – from the president to the ordinary citizen and every agency – has no choice but to obey the law, respect human rights and abide by court orders.
Buhari could have avoided the odium he attracted to himself and his regime by simply obeying the courts and respecting due process. The release of the duo came only after intense negative scrutiny by the media and CSOs, and pressure from the global community. The outcry escalated after a robust intervention by The PUNCH which, via a withering editorial on December 11, deplored the lawlessness of the regime and announced its symbolic protest to prefix the President’s name with his military rank of Major General, with which he headed an iron-fisted military junta in 1984/85, and to refer to his administration as a regime until they purge themselves of impunity and contempt for the rule of law. The release confirms PUNCH’s position that Buhari bears responsibility for the misbehaviour of security chiefs: they are his appointees, holding office at his pleasure, and the law vests him with awesome powers to compel compliance with the rule of law.
The rights of Nigerians are not a favour to be bestowed on them by the President, the regime, its agencies or even the courts. Statements such as the arrogant diatribe of the regime’s spokesmen praising Buhari are misplaced, displaying a flawed understanding of the supremacy of popular will over all persons and institutions in a democracy.
The country’s return to democratic rule was never achieved on a platter. It was bitterly fought for and watered with the blood of hundreds of unsung ordinary patriots and eminent Nigerians, including that of M.K.O. Abiola, the clear winner of the June 12, 1993 presidential election. Respect for human rights and upholding of the rule of law at all times cannot, therefore, be at the discretion of the President or any agency of government.
Since Nigeria is not a monarchy, all elected officials, including the President, are servants of the people, holding office at their pleasure through constitutionally-prescribed procedures. It is deplorable that successive Nigerian governments often respect the views of outsiders, but hold those of the citizens in contempt.
Nigeria must overcome the primitive “African strong man” mindset that compels leaders to view bowing to popular will as weakness: in a democracy, the will of the people is supreme. Buhari now needs to go much further: he should rein in the SSS, the police, the military and other paramilitary agencies who all have demonstrated scant respect for human rights and due process.
Like Dasuki, Ibrahim el-Zakzaky, leader of the Shiite group (Islamic Movement in Nigeria), and his wife have been held in detention for four years, despite court orders granting them bail. There is also Agba Jalingo, a journalist and Publisher of Crossriverwatch, an online news platform who has been in detention since August 22, 2019. And according to Femi Falana, a human rights activist, at least over 70 people are being illegally held by the Nigerian Navy. These and other detainees held without trial or beyond the 48 hours allowed by law should be released.
It is the responsibility of the government to safeguard the state and citizens, including punishing crime. Those who break the law should face the consequences; but this should be in strict accordance with the law. In civilised and democratic societies, the law rules and nothing more. Whether it is corruption, violence, treason or terrorism, the law should be followed. But when governments serially flout the law, pushed to the wall, victims could also resort to self-help, an invitation to anarchy. The state must maintain the moral high ground, and arrests, detention and prosecution should be in accordance with the law and global best practices. The practice of arrest before proper investigation should give way to intelligence and technology-driven law enforcement.
Peaceful protest and peaceful assembly are inalienable rights and these have been reaffirmed by a subsisting Court of Appeal judgement. To establish the veracity of his claimed conversion to a democrat, Buhari should order strict obedience to the rule of law by security agencies, swift prosecution of suspects and release of all those already granted bail by the courts. Malami has failed to come across as an avid defender of civic rights. But as chief law officer of the country, he should be the chief promoter of upholding and the enforcement of human rights, adherence to the rule of law and respect for court orders.
The SSS and some presidential aides, by their supercilious statements, appear unrepentant. The PUNCH will, therefore, maintain our symbolic protest against state impunity and disregard for the rule of law until more substantial and significant steps are taken to roll back lawlessness and impunity. Our titles will continue to prefix the President’s name with his rank of Major General (retd.) and refer to his administration as a regime.
It is important to note, as the American Abolitionist and liberal activist, Wendell Phillips, once said, “Eternal vigilance is the price of liberty; power is ever stealing from the many to the few. Only by continued oversight can the democrat in office be prevented from hardening into a despot; only by unintermitted agitation can a people be sufficiently awake to principle not to let liberty be smothered in material prosperity.”
Nigeria’s young democracy is yet in its formative years. Therefore, genuine patriots, the responsible section of the media and the government must exhibit the highest sense of civic responsibility while also exercising the highest form of vigilance in the protection and nurturing of democratic rule during this gestational period. Nevertheless, the buck stops with the President, Major General Muhammadu Buhari (retd.). His powers, though limited by the constitution, are immense and far-reaching. His influence, even more. Therefore, the President must do more to earn the trust of Nigerians and exorcise the monstrosities of the past. It is only then that Nigerians can heave a sigh of relief.
