The Nigerian Bar Association
(NBA) on Friday rejected President Muhammadu Buhari’s comment that national
security was superior to rule of law.
The President had made the
comment while declaring open the 58th Annual General Conference of the NBA.
The conference ended on Friday,
with the inauguration of NBA new President, Mr. Paul Usoro, Senior Advocate of
Nigeria, and other newly elected national officers of the association.
He took over from the 29th
President of the association Mr. Abubakar Mahmoud (SAN).
In a communiqué, signed by its
immediate past President and the General Secretary, Mr. Abubakar Mahmoud (SAN),
and Mr. Abiola Olagunju, respectively, NBA demanded that the government and the
citizenry must always obey court order.
The communique read in part, “The
conference completely rejects the presidential statement subordinating the rule
of law to national security. The NBA restates that the rule of law is central
to a democracy and any national security concerns by the government must be
managed within the perimeters and parameters of the rule of law.
“As a corollary, conference
frowns upon the present growing trend whereby government decides on which court
orders to obey.
“The court has exclusive duty
under a democratic dispensation to interpret the Constitution and other laws,
and government and the citizenry must comply with court orders at all times
until set aside.”
The communique also addressed
various topical national issues bordering on the economy and the judiciary.
It stated, “The conference
emphatically objects to the issuance of the Executive Orders in respect to
matters already in court and observes that any such order is a breach of the
principle of separation of powers; and counsels that Executive Orders be issued
for good governance and to manage operations of government, and not to encroach
or usurp upon the constitutional powers of other arms of government, lest
Executive Orders become attempts at decree-making.”
The NBA called for adequate
funding and improved welfare for police personnel, saying serious consideration
should be given to calls for state police, but with safeguards to prevent
abuse. It also enjoined government to ensure free and fair electoral processes.
The NBA position is unassailable. This is a good start for the new Executive. The NBA must always watch the polity in order to prevent authoritarianism by our leaders both at the state and federal levels.
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