• Thursday, March 28, 2024
businessday logo

BusinessDay

The highest duty of citizens (3)

Trial starts in $11 Billion lawsuit threatening Nigeria’s economy

Once the rule of law is submissive to either national security or politics, then the nation is doomed. We should expect disorder and domination by any person or groups of persons in our society. Let us examine ourselves carefully as a nation, we will see that impunity and disregard for the rule of law has virtually turned our society into a “battle space.”

In 2018, the world was shocked when Nigerians were told by President Buhari that national security is above the rule of law. Such a viewpoint from a democratically elected president sounds very awkward in this age and time. If Mr President truly wants to provide security, improve the economy and reduce corruption, then the rule of law must be given its prime position in society in the next 3 years of his tenure in office. Perhaps, at the end, adherence to the rule of law may redeem his image.

But what explanations can Nigerian governments- federal, state, and local- give when they have been accused lately of disobeying the courts and choosing the orders to be obeyed. Many public affairs analysts have expressed their views that the Federal Government (FG) in particular is not doing well in the obedience to court orders. The Presidency under the leadership of President Buhari, they say, has disobeyed court orders on a few occasions.

Let us take it for granted, that some court judgements too numerous to list in this column constitute a threat to national security. What about the Supreme Court judgement on Aluminium Smelter Company of Nigeria (ALSCON)? When Supreme Court judgements are ignored, one will not be wrong to say that federal, state, and local governments constitute greatest obstacles to their dreams of achieving economic development.

The height of indiscipline and arrogance is demonstrated by a people when Supreme Court judgements are treated with levity in the country. The FG will need to muster a powerful team of lawyers to convince Nigerians that the Supreme Court judgement on ALSCON is inferior to national security.

Since 2012, the Supreme Court gave a unanimous judgement by five justices of the apex court in favor of a company known as BFI Group to acquire ALSCON. Even the Bureau of Public Enterprise (BPE) refused to comply with the Supreme Court order on the ALSCON matter until 2019 when a federal high court ordered the reprimand of the Director General BPE in prison custody for 30 days as a deterrent and failure to honour Supreme Court judgement.

The National Assembly intervened in 2015, yet no one listens. Why is it difficult to obey the rule of law, which governs every civilised society? When will ALSCON resume the production of aluminium? If the FG wants to reduce the number of unemployed youths in the country, ALSCON is one out of many organisations through which qualified jobless youths can be engaged meaningfully.

If Nigeria needs Foreign Direct Investors, those in authority at the highest level of government must show leadership when it comes to the rule of law. It is because the rule of law is not supreme, that is why many investors do not want to associate with Nigeria.

Disregarding the laws of the land in a democracy is a choice that has far reaching consequences. And that is why there are national security challenges across the country today. If a court makes judicial pronouncements on any matter, it should be obeyed to the letter. If those in government have any problem with such pronouncements, the next step is to appeal the pronouncement and ensure due process is followed.

Individuals disobey the Supreme Court’s judgement. How did we get to this ridiculous level? You may wish to recall that the apex court in 2017 awarded separate judgements against three lawmakers to refund all salaries and allowances they had received while in the NASS.

Up till the later part of 2019, they were thinking about the judgement of the Supreme Court. Only NASS leadership can inform the public that these lawmakers have complied with the Supreme Court orders. If you are served a court order and you deliberately ignored it because you are a president, governor, general, lawmaker, or any influential person, then you are setting a dangerous precedent.

To the best of my knowledge, no society will prosper through lawlessness. Therefore, citizens must be law abiding so that Nigeria can achieve the desired development. We have not forgotten when members of the DSS invaded a court in the past. This is unbelievably a bad example.

A court that is rendered helpless in the face of deliberate disobedience of its orders is as useless to a society as a toothless bulldog. No one fears a toothless bulldog because it lacks the capacity to keep away a band of invaders as we have seen today

A few Nigerians and institutions of government feel they have the power to desecrate the temple of justice. They render our courts helpless. Yet, Nigeria wants to be one of the developed countries. I bet the journey to national development is extremely far and tortuous if we continue to rule by law.

A court that is rendered helpless in the face of deliberate disobedience of its orders is as useless to a society as a toothless bulldog. No one fears a toothless bulldog because it lacks the capacity to keep away a band of invaders as we have seen today.

Please permit me to take an aside. With respect to COVID-19, some states are still in denial. Kogi and Cross River States governors claim they do not have anybody infected with the virus in their respective states. Until some deaths were recorded in these states, I wondered why Governors Yahaya Bello of Kogi State and Benedict Ayade of Cross River State had to develop a lying tongue about a viral infection spreading across the country. Why do they have to play politics with COVID-19 and the people they lead in their states. The NCDC has stated categorically that there is no state in Nigeria that is not affected by COVID-19.

Some public affairs analysts and a few health experts say these governors do not want to spend money for testing and setting up isolation centers. Why are some state governors still in denial? Many people, including those who are “educated” do not believe that there is COVID-19 in Nigeria.

I guess some of them think they are immune against COVID-19. Some of these unbelievers think rightly or wrongly that it is an opportunity for those in authority to make money. I was disappointed when someone told me that, “government needs COVID-19 to steal money.” What a pity? Now that the FG has gone spiritual on CCOVID-19, we pray that those who do not believe the virus exists should not perish in their ignorance.

Back to the main theme of this article. It is very unfortunate that when judgments are given by courts, most of such rulings, particularly those from the Supreme Court, are swept under the carpet of expanding deceit in Nigeria. This dangerous trend if not checked portends danger for Nigeria.

Politicians can consult and negotiate among themselves. But whatever they do must be guided by the rule of law. Politicians and political office holders as well as Nigerians must be overly cautious in the way they react to the rule of law. All said, please, permit me to state that democracy can only stand on the rule of law, not rule by law. Thank you! (Concluded)