- Nigerians must reject the plan to abridge their right to privacy
One of the defining features of democracy is adherence to the Rule of Law by all. Constitutionalism is unavoidable n every country that lays claim to the presidential system of government. It is thus inescapable that anyone who claims to be a leader would respect the citizens and respect their fundamental rights. It is in this context that the decision by the Federal Government to monitor citizens’ phone calls is unacceptable. It is sheer abridgement of their right to privacy.
Already, the National Intelligence Agency (NIA) saddled with the task has procured the equipment needed for the purpose. It did not deem it fit to consult the people or their elected representatives in the legislature. While the people at every general election hands the victorious party the mandate to govern, they do not expect the government to ride roughshod over them. Popular mandate remains with the people who retain the power to keep the government in check through public opinion, demand for scrupulous adherence to the terms of the mandate, possible initiation of impeachment through the legislators and use of the courts to test the lawfulness of government’s actions. This is one case that necessitates the people to get government to respect their inalienable rights.
Many philosophers in the older democracies have established that governance is founded on social contract. No government has the right to go beyond the mandate handed through the ballot box. At every election, the political parties present their respective manifestos, thus affording the electorate the opportunity of making a choice. Whenever other issues arise that were not envisaged before the polls, the government is supposed to liaise with the lawmakers, or collate views through public opinion or, better still, organise a referendum in acknowledgement that power belongs to the people.
In this case, the Federal Government has taken the people for granted. It is another pointer to the fact that impunity reigns in the land. Nigeria is not a conquered territory where the rights of the people could be abridged at will. While we recognise that we are in unusual times when uncertainty reigns in the land, government has the duty of coming up with solutions that would not reduce the people to slaves in their own country. The only countries where such practices are acceptable are those run by dictators. Nigeria is not one and the people will not accept any attempt to turn their country into a totalitarian state.
We expect the National Assembly to swing into action immediately by summoning the Director-General of the NIA to explain where he derived his powers from. Moreover, were the equipment bought appropriated? Where he is unable to do so, appropriate sanctions due to such infractions should be meted to him. Nigeria should not be a country where anything goes.
The people, led by the civil rights groups, should also swing into action and engage the executive in robust dialogue. We are aware that other countries where, owing to security concerns steps are taken to pore through private concerns of citizens, the intelligence community is expected to receive endorsement by the courts. The agency is expected to show why such extraordinary measures should be taken, whereupon the action is taken. In this case, unlike in the United States of America where there is a Foreign Intelligence Surveillance Act (FISA), there is no such institution or process in Nigeria. The government cannot just jump into taking such a measure without necessary legal framework.
Nigeria may be faced with serious social, economic, political and security challenges, but we do not see why this should lead to descending into a lawless society where the leader rules like a despot and the people do not exist in the equation.
