Tinubu, DSS, must to adhere to the law

The repeated contempt for the law and defiance of court decisions carried over from his predecessor’s administration have continued unabatedly under Bola Tinubu three months into his presidency. The Department of State Services, as usual, is in charge of the assault, solidifying its reputation for impunity. Judge Nicholas Oweibo of the Federal High Court in Lagos recently expressed strong criticism of the Federal Government for continuing to disobey court orders while presiding over the illegal firearm possession case against Godwin Emefiele, the Central Bank of Nigeria’s suspended governor. Tinubu’s unraveling democratic credentials would become irreparably soiled unless he acts fast to reign in the authorities and agencies breaking the law.

Oweibo highlighted his annoyance with the government’s propensity to ignore court rulings by defying them, as well as his displeasure with the defiance of state authorities.

When the judge dismissed the charge against Emefiele for lack of a diligent prosecution, he or she stated that the prosecution had demonstrated that the government was not law abiding and did not respect the court. The court cannot compel them. For the arrested defendant, what use will it be? What advantage will it have to maintain the file on the court’s calendar? I think it’s right to give them permission to drop the accusation. They can just decide to drop it, but the court will still have to dismiss it for lack of persistent pursuit. The request to withdraw is approved in this instance.

Tinubu regularly takes pleasure in characterizing himself as a devoted democrat, although democracy is based on and preserved in practice by surrender to the supremacy of the law. Tinubu was actively involved in the fight for Nigeria’s democracy.According to the UN, “the rule of law, guarded by an independent judiciary, ensures that civil and political rights and civil liberties are safe and that the equality and dignity of all individuals are not under danger.”

The DSS served as the Muhammadu Buhari administration’s major weapon in the fight against civil rights and court orders, and Tinubu should firmly distance himself from this impunity. The joyful retention of its leadership by Tinubu, in contrast to his dismissal of the military, customs, and police chiefs he inherited, reveals a disconcerting lack of disgust or apathy for that agency’s pervasive contempt for the law.

He must now enforce strict adherence to the law and strengthen statutory institutions to enable for their unhindered operation.

The rule of law is defined by the non-governmental organization (NGO) The World Justice Project as “a lasting system of laws, institutions, norms, and community commitment which promotes accountability, just law, open governance, and accessible and impartial justice.”

In addition to arbitrary detentions and arrests, attacks on the media and the right to peaceful assembly, and other wrongdoings, the Nigerian government, its agencies, and its agents routinely disobey the courts. But disobedience to court orders threatens the legitimacy of democracy and the rule of law. The greatest formula for anarchy in every democratic country is disobedience of court rulings, according to a study released with the support of the Kenya Law School. It creates the conditions for eventual self-help usage.

However, many Nigerian officials don’t seem to care. The Indigenous Peoples of Biafra separatist group’s leader, Nnamdi Kanu, was granted bail by the Court of Appeal in 2022 but has since remained in DSS custody. Ibrahim el-Zakzaky, the head of the Islamic Movement in Nigeria, and his wife Zeenah have been denied access to their confiscated passports since July 2021 despite a Kaduna High Court ruling that ordered their release for medical travel and discharge.

The police and the state government in Ilorin, Kwara State, have united to repress traditionalists who are trying to practice their constitutional rights. In court, three of the victims are vying for their freedom. Nearly three months have passed since Abdulrasheed Bawa, the suspended chairman of the Economic and Financial Crimes Commission, was taken into DSS custody. Sani Abacha’s $5 billion in looted assets, which the previous governments eventually recovered, were managed in full detail, according to a judgement from the FHC in Abuja that Tinubu has so far disregarded.

Tinubu has to overhaul security organizations right away, especially the DSS. He has a holy duty to reinstate the rule of law, guarantee adherence to court rulings, and strengthen Nigerian democracy, along with Lateef Fagbemi, the new Attorney-General of the Federation.