Eben Enasco Reporting.
In Nigeria, a disturbing trend has now been enthroned in a political framework where political leaders seem to operate above the law.
A case in question, is the election of the local government leadership cut across the states.
Edo, Ekiti, Rivers, Kaduna, Lagos, and Ogun States are prominent names synonymous with local government election challenges where the Executive arm, has continued to interfere and flout the position of the court rules.
The local government elections and the interference of the Executive arm, has become a criminal democratic flashpoint in all electoral processes since the advent of democracy for Nigerians to have free, fair and credible elections.
The presidential election is not exempted and way neck deep into electoral violations.
On June 24, 1993, General Ibrahim Badamosi Babangida, the Military Ruler announced the annulment of the election, citing the issue of vote buying, as well as the need to protect the country’s judiciary.
The election involved two parties, the Social Democratic Party, SDP, and the National Republican Convention, NRC. At that time, Nigeria ran a two party system.
Ahead of the elections, there were suggestions that the military leadership were uneasy about a possible presidency of Abiola and would not accept the result if he had won.
Despite the clarity of court judgments, successive governments consistently disregard them, rendering the judiciary ineffective.
The system is bedeviled with rots from corruption to abuse of power, delay in conclusion of trial owing largely to unnecessary adjournments and unmeritorious appeals.
These failures have created a society where only the strong and mighty can survive where insecurity has occupied every strata.
While the common saying states that only death and taxes are certain in life, Political leaders have now added a clear order to disobey all Court Judgments as one of the new rules certain to the principles of existence.
The only ethical values they have not been able to disobey and equate to God’s Power, remains the procreation of humanity and death as a mark for all living beings.
All constitutions made by man including the set up of the Judiciary system in Nigeria have been violated and now a new rule of law to disobey court orders.
It appears that only those with power and influence can dictate the course of events.
It has become a case of, If, I have a gun you have a gun, we both sit to discuss the law that will bring a desired part that’s good for both of us.
And, if, I have a knife and you have a knife, we can talk about the rules.
In Nigeria Politics, the contrasting thing is that, If we both come empty handed, we are susceptible to discussing reasons without fear.
But then, if you hold a gun and I am with a knife, the truth lies in your hands that is holding a gun.
Political leaders have made it seem like if you hold a gun and I have nothing, what you hold is not just a weapon, but my life.
But they easily forget that Laws, Rules and Morality, only carry weight when there’s equality.
The hard truth remains, when money speaks, truth falls silent and
even when power speaks money steps aside.
The masters of the game are locked in a room in a fierce competition for the resources while the weak only seat back waiting for the scraps to be handed to them.
The judiciary has long compromised and at the death pronouncement of the corrupt politicians.
And this pervasive corruption remains a significant challenge, impacting the administration of justice.
Reports suggest instances of executive pressure or intimidation against the judiciary. Rules are shackles for the weak and tools for the Strong.
The 1999 Constitution establishes the judiciary as a co-equal branch of Executive government and aims to protect its independence.
When a judiciary system that was established to uphold constitutional tenants now becomes a financial institution where money bags are dumbed, it will be difficult to get justice.
These factors contribute to a backlog of cases and delays in the delivery of justice.
From the presidency to the state governors, they give orders outside the rule of law whereby their stooges including the security agencies and their elected thugs carry out the orders despite not being constitutionally inclined.
The Security Formations have been guilty of enforcing only a directive from a political leader who blatantly flouted the law recognized by the constitution, even though the constitution gives him the power to lead.
For instance, the Senate in July last year hurriedly passed the Police Act Amendment Bill, 2024, to guarantee a four-year tenure of office for an IGP.
There is no tenure appointment that can supersede the provisions of the 1999 constitution.
The constitution laid down the condition for retirement which is 35 years in service or when you reach the age of 60 years.
But the Force headquarters, in a swift reaction, maintained that appointment is firmly grounded in law, specifically in Part III, Section 7 subsection 6 of the Police Act, 2020 as amended.
They claimed that the bill was tabled for the first time on the floor of the Senate on July 23rd, 2024, and it was passed for first, second and third reading barely one week after, July 31st, 2024.
The amendment, which has generated reactions, was the inclusion of Section 18 subsection 8A by both the Senate and the House of Representatives.
Section 18 subsection 8 of the Police Act states that: “Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier”.
Part 111 Section 7 subsection 6 of the Act, which repealed the Police Act Cap. P19, Laws of the Federation of Nigeria, 2004, prescribed a four-year single tenure for a person appointed to the office of the IGP subject to the provisions of clause 18 subsection 8.
But the Section 18 subsection 8A of the Nigeria Police Act 2020 was amended as follows:
“Notwithstanding the provisions of subsection 8 of this section, any person appointed to the office of Inspector-General of Police shall remain in office until the end of the term stipulated in the letter of appointment in line with the provisions of Section 7 subsection 6 of this Act.”
The question is why the rush to promote the amendment of this section of the law? Are there no other senior officers who have understudied these ones to step into their shoes?
Recall also that six years ago, the House of Representatives rejected a bill seeking to repeal the Nigeria Police Act 2004 and enact the Nigeria Police Reform Act 2019 for purposes of creating a state police force across the states of the federation.
The development followed an adopted bill sponsored by Hon Edward Pwajok from Plateau State, saying it was an antidote to the contemporary security challenges prevailing in the country.
Those who write the rules are often the first to break it. This trend has undermined trust in institutions and created uncertainty.
Successive governments in Nigeria have shown a propensity for disobeying court orders, making it challenging for citizens to seek redress through the legal system.
Obviously, the persistent disregard for the rule of law has become a significant obstacle to good governance.
It has led to a situation where approaching the courts for judgment on political or land-related matters seems futile, especially when those who create the laws are above them.
In this world, nothing comes without a fight.
To restore faith in the system, there is a need for reforms that promote adherence to the rule of law and ensure that institutions function effectively.
This would help to create a more just and equitable society where the law is applied equally to all.
