Yar'Adua, Judiciary and Rule of Law

By

Barr. Danlami Alh. Wushishi

danwushishi@yahoo.com

It is the duty of a judge to denounce wrong doing when it is established before him.  The court speaks for all law abiding citizens upholding the opinion of the good, and shakes the confidence of the wicked”...Lord Dennig M.R.

 

One issue that enjoyed enormous debate in Nigeria after the debate on National quest on “during Babangida era is the concept of Rule of Law may be this should be connected with the resolve of Yaradua’s govt to comply strictly with the principle of Rule of Law.  This position received accolades from different quarters, because they sees it as a digression from the practice of the immediate past government of chief Olusegun Obasanjo.

 

According to wikipedia – the online Encyclopiadia”, rule of Law is the principle that no one is above the Law” while Alhaji Umar Yaradua opined that rule of Law entails justice be administered according to Law, not according to the whims of any of the three arms of government… (it) must be for all Law in others…”

 

Mallam Nuhu Ribadu in weekly Trust edition of 22 September 2007 further said “Rule of Law means that nobody is above the law… We are all equal before the Law…” Isn’t it interesting that Mall. Nuhu Ribadu came out succinctly gives his perception of rule of Law? Yes, it is! In spite his face off in the Attorney General of the Federation, Hon. Kaase Michael Aondoakaa.

 

Lest I digress, President Umar Yaradua in the Daily Trust edition of 6th November 2007 was reported to have shown his anger during the All Nigeria’s judge’s conference in Abuja over the way judgments involving Governor Peter Obi (Anambra) Sir Celestine Omehia (Rivers) in the Supreme Court ordered for their ‘immediate’ removal.  And,the nullification of the Governorship elections of Alh. Ibrahim Idris (Kogi)  and Alh. Saidu Dokingari (Kebbi) by the tribunal which emphasized on certain illegalities that warrant the conduct of a re-run of their polls.

 

All these came at the time Nigerians desperately awaits the ruling of the presidential Election petition tribunal sitting in Abuja in the case of Buhari, Atiku V. Yaradua. Which ever way the Pendulum swings, I have the conviction that Yaradua will still obey the rule of Law.  We are not likely to see a repeat of “Let the Attorney General study the ruling.”

 

The Judiciary under Hon. Justice Idris Legbo Kutigi is equally poised to work diligently and in accordance with judicial responsibility.  This entails that, a judge is no respecter of persons, he thus stand between the subject and any attempted encroachment on his liberty.  Simply put, he should apply same Law to government officials and ordinary citizens.

 

According to Alh. Lai Mohammed, the AC National Publicity Secretary “If Yaradua has made any impact since assuming office in May, it is in the area of rule of Law and due process”.    In view of this, I humbly implore President Umar Yaradua to maintain the spirit of Sportsmanship by accepting defeat suffered by his party At least INEC just called for a re run of PDP ward congresses to conform with the electoral Act 2006.

 

His comment that they may not necessarily agree with all decisions of the various courts speak volumes over the delay in the prosecution of some Ex-Governors in relation in the adoption of plea bargain.  Though, a basic requirement of rule of law is that officials in government obey legal rules in their actions.  So that this will serve as sure way to guarantee peaces, unity & progress in Nigeria.

 

I do hope President Umaru Yaradua Inspite these Comments will comply with Judgments that may soon reel out from various courts.  If they are dissatisfied they can always appeal, and then stop at the Supreme Court.  We should note the words of Hon. Justice Moh’d Lawal Uwais.

 

“If governments treat court orders/Judgment with levity and contempt, the confidence of the citizens in the courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of Law”.

God bless Nigeria!.