‘Government Excuses for Disobeying Court Orders Negates Principle of Separation of Powers’
A human rights advocacy group, Access to Justice, has decried the Federal Government’s continued excuses for disobeying court orders on the alleged illegal detention of Sheik El-Zakzaky and Rtd. Col. Sambo Dasuki, despite courts’ orders asking it to release them on bail.
The group in a statement signed by its Deputy Director, Dr. Adenike Aiyedun, said it appears that the Buhari administration – which promised to uphold the Constitution, has upstaged the Constitution and exhibited, unbridled arrogance to its provisions within the stated context.
According to Access to Justice, Mallam Garba Shehu, the Special Assistant to President Muhammadu Buhari on Media and Publicity on May 24, 2017, while trying to justify the continued detention of the duo, had said that Sheik El-Zakzaky was being kept in ‘protective custody’ in his own interest and that of the public.
On Sambo Dasuki, Shehu had claimed the retired Colonel is still being investigated “for other criminal offences” with respect to which he has not been granted bail, stating that his release may jeopardise ongoing investigations.
But the group, expressing its dismay, stated that the executive branch of government has no power or authority to second-guess the judgements of competent courts or the effect of their orders, in order to disobey the courts or deny the adjudicated rights of Nigerians.
“Where the executive arrogates to itself, a general right to sit as a court of appeal over judgements and orders of constitutionally established courts, it clearly makes courts of law irrelevant in protecting the rights of citizens, but and indirectly usurps the powers and functions of the judicial branch of government.
“This sabotages the whole idea of a constitutional democracy and the rule of law, as it denies courts their legitimate role, as
protectors of the rights of citizens. Without this protection, citizens remain completely at the mercy of government, and their rights in perpetual jeopardy. Hence, we find the defence by the Federal Government of Nigeria, to be completely self-serving, disingenuous and audacious.
“We consider it obnoxious and irresponsible to say, as our government has done, that detaining citizens who have utilised every means available to oppose their incarceration, is in the best interest of those same citizens. It is also untenable to say that government plans at some point in the future to charge citizens for crimes, and without judicial authorisation, keep crime suspects in custody in disobedience of court orders. This grievously offends the rule of law.
“Finally, it appears that the Buhari administration – which promised to uphold the Constitution - has upstaged the Constitution and exhibited, unbridled arrogance to its provisions within the stated context. We therefore, argue that this recalcitrance by the government, will make it difficult for courts to play their constitutional role of being the last hope of the common man and defender of constitutional liberties, both for the strong and weak, and the rich and poor. Where people are at any risk and need to be protected, they normally request for such protection, and responsible governments avail their citizens of the assistance of security personnel.
“We would hereby, like to remind the government of the day that it may someday be haunted by the precedent that it is now setting, as it is impossible to fight impunity, with a higher level of impunity”, the group stated.