Given past records, analysts say they are not optimistic about Federal Government’s compliance with the ruling by an Abia State High Court presided over by Hon. Justice Benson Anya in Umuahia, awarding N1 billion damages in favour of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
The scepticism arose as a result of long list of repeated disobedience to court orders by the current administration.
The pundits say apart from the fact that the Federal Government would likely appeal the ruling at the Supreme Court, Abuja would, as usual, disobey the pronouncement.
FG’s litany of disobedience to court orders
In recent times, the Federal Government has been criticised for disobeying court orders. Some of the notorious cases include the several orders by the courts that granted bail to Sambo Mohammed Dasuki, a former National Security Adviser (NSA), which the Federal Government failed to obey.
On the second time of disobeying the order, Kayode Ajulo, a human rights lawyer, called on the Nigerian Bar Association (NBA) to boycott the courts if the Federal Government failed to honour another court order granting bail to the former NSA.
According to Ajulo, the continued flouting of court orders by the Federal Government was a danger to democracy and the Rule of Law.
As well, the Federal Government failed severally to obey court orders granting bail to Ibrahim El Zakzaky, leader of the Islamic Movement of Nigeria (IMN), and “wilfully” disregarded the rule of law by continuing to detain El Zakzaky long after the court granted him bail.
Most recently, the Federal Government, through Federal Inland Revenue Service (FIRS) in suit no FHC/PHC/149/2021 had approached the court seeking a stay-of-execution on an earlier judgment of the court that stopped the agency from collecting VAT, and held that it was constitutionally the role of state governments to do so.
Justice Stephen Pam of the Federal High Court sitting in Port Harcourt who dismissed the application by the FIRS held that granting the application would negate the principle of equity, yet the Federal Government is still pushing the case to the Supreme Court, disregarding earlier ruling by Justice Pam.
Again, the Federal High Court in Abuja recently barred the Federal Government from retrying the former governor of Abia State, Orji Uzor Kalu, on the N7.1 billion money laundering charge the Economic and Financial Crimes Commission (EFCC) earlier preferred against him.
The attempt by the Federal Government, according to Justice Inyang Ekwo, is in disregard of the Supreme Court’s verdict on May 8, 2020, which did not order the retrial of either Kalu or his firm, Slok Nigeria Limited.
Following the Federal Government’s sustained disregard and disobedience to court orders, especially in the present administration, hope may be dashed in the recent order on damages for Kanu against the Federal Government, for violating his rights.
Since the first order of release by court in 2017, the Federal Government has always found it difficult to obey such orders on Kanu’s bail.
The government even sought an order of the court “revoking the bail granted to Kanu on April 25, 2017.”
The government and DSS severally disobeyed the order of the Federal High Court in Abuja on Kanu’s bail and access by his legal team and family members. Justice Binta Nyako of the Federal High Court, Abuja, had to question the DSS on such disregard at a time, yet the situation remained the same.
Again, the court disobeyed another bail order by the Federal High Court, Abuja, late last year, until the recent bail order by a High Court in Umuahia.
In 2013, the Federal Government was ordered to pay N37.6 billion as compensation within 21 days to the people of Odi in Bayelsa State over the invasion of the community by armed soldiers in 1999.
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Justice Lambi Akanbi of a Federal High Court in Port Harcourt gave the order while ruling on a N100 billion suit filed by the people of Odi.
Alongside the demand for compensation, the community demanded the Federal Government issue a public apology for the total destruction and the loss of over 1,000 lives. It also asked the court to order the Federal Government to rebuild the community.
The judge dismissed the argument of counsels to the government that no inhabitant of the community was killed except members of the armed gangs and that no property was destroyed as untrue.
Reaction’s trail judgment
Reacting to the ruling, Chekwas Okorie, a notable leader in the South-East and founding member of the All Progressives Grand Alliance (APGA), said the judgment was an indication that the Biafra agitation could be resolved politically if the Federal Government was desirous of such while commending the boldness of the judge and manner he interpreted the law.
When asked if Abuja would honour the ruling, Okorie said Kanu’s trial and court case had been followed passionately by the international community, stressing that it would be a minus for Muhammadu Buhari and his administration if the ruling is ignored.
“I must commend the judge for toeing the pact of honour and justice. He interpreted the law boldly, though the judge admitted that it was not within his jurisdiction to give a ruling on the extradition of Nnamdi Kanu from Kenya.
“The judge’s judgment settled the matter if Kanu jumped bail or not and he also recommended that this Biafra agitation can be settled politically and that the law of the land allows for a political solution. This has been the position of South-East leaders, that this matter can be settled out of court,” Okorie said.
According to Okorie, “I doubt if the Federal Government would have any grounds to appeal the judgment and it would be a new low for this administration if they don’t obey that judgment. But I know the international community is interested in Kanu’s case and that would be the ground for government not to hide from meeting the court judgment.”
Ebenezer Babatope, a former minister of transportation, advised the Federal Government to use the judgment as an opportunity to amicably resolve issues with Kanu and other Biafra agitators for peace to reign.
He said the Federal Government would not gain anything by allowing the issue to drag and continue to heat up the polity.
“With the judgment now, I would advise that the Federal Government should toe the line of peace; dragging Kanu here and there would not bring the solution, nor would paying such money bring end to all this issue.
“I am of the view that the government should sit and discuss with Kanu and his people just like the court advised,” Babatope said.
