Democracy Day: Lawyers examine President Buhari’s rights scorecard
On May 29, 2015, President Muhammadu Buhari was inaugurated. He set about implementing three cardinal objectives of his administration, which are: war against corruption, fight against insecurity and improving the economy. Two years after, lawyers assess this vision with focus on adherence to the rule of law and human rights.
A former President of the Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN), Dr. Biodun Layonu (SAN), said the government started generally on a very slow note and it took a while before it started getting things right.
“But this second year, it’s clear that the government has a clear idea of where it is going,” he said.
He said, specifically on fundamental rights, he would still give the government a pass mark. However, “there is a blemish on that record and I do not think the government has been able to justify its position on the matter appropriately,” he said regarding the continued incarceration of a former National Security Adviser, Sambo Dasuki.
In relation to the anti-graft war, he said investigation and preparation for prosecution were still not at the level they ought to be.
“Considering that these are high profile criminal matters where any reasonable doubt will go in favour of the accused person; the government needs to investigate far better and come up with evidence that will be able to stand up to the legal standard required and raise the standard of prosecution for these matters.
“The administration should adopt the principle of prevention is better than cure by blocking the loopholes in the system that make room for corruption,” he said.
Layonu added that the requirement in criminal matters was higher than that for civil matters. He explained that it was about proving beyond reasonable doubts in criminal matters as opposed to balance of probability in civil matters.
“I think the government should explore the legal opportunities available to go for civil recoveries.
“Where corruption is noticed to have been perpetuated, government can try to prove it civilly and recover the money as opposed to adopting the criminal approach where the primary focus is sending the accused person to jail,” he said.
The Executive Chairman of the Centre for Anti-Corruption and Open Leadership (CACOL), Debo Adeniran, said without doubts, in the last two years, government’s performance had indicated that Nigeria, although the country might not be where it should be, “is definitely not where it was prior to the electoral-quake which kicked the previous regime of corruption out of power in the 2015 general elections.”
He said the government had to “a very large extent been able to fulfill its promise to tackle corruption and its perpetrators frontally and ‘brutally’. And yes, it is indeed one of the most shining achievements of the past two years which has kept the hope of a lot of Nigerians alive that our country is treading on the right path in terms of ridding the society of the Frankenstein monster called corruption: a bane that has been the major albatross to socio-economic development.”
He added that the anticorruption agencies had become more enlivened since President Buhari came and this was because of his political will and zeal for fighting corruption. He said the agencies had all become more proactive with the Economic and Financial Crimes Commission (EFCC) taking the lead under the leadership of Mr. Ibrahim Magu, “the indefatigable and fearless anti-corruption icon with about 200 convictions of corruption criminals in its ‘kitty’ within the last two years.”
With a different assessment is an Abuja-based lawyer and author, Abiodun Oduwole, who said there had been no adherence to the rule of law and human rights in the fight against corruption and insecurity. He criticised the government’s attitude towards the obedience of court orders and lack of compliance with due procedures of law.
“Although there is urgent need to stem the tide of corruption in Nigeria but it must be done within the ambits of the law and respect for human rights of the citizens. Obedience of court orders is sine qua non in any society governed by law,” he said.
Echoing this position, E.M.D. Umukoro and Joe Nwokedi, both lawyers, said the president did not have a good history on human rights adherence, maintaining that the president’s serial violation of the constitutional provisions he swore to uphold constituted grounds for impeachment.
“Keeping suspects in detention or in prison after valid order from the court is an affront on democratic norms and a desecration of the Constitution of the Federal Republic of Nigeria. Keeping suspects in detention against court orders for me is an impeachable offence and should not be downplayed,” Umokoro said.
“DSS has flagrantly abused orders of court, disobeyed court orders to produce people standing trial in court. Dasuki is still kept in custody despite orders of court. El-Zakzaky is still under detention despite orders of court to produce him in court. Ifeanyi Uba of Capital Oil and Gas is still under detention despite court orders to produce him in court,” Nwokedi added.
Also speaking, Barrister Isaac Anumdu said “the so-called war against corruption is targeted mainly against the opposition. Lots of people are now running into the ruling party not because of the popularity of the government’s programmes and policies or achievements but as a way of shielding themselves and hiding away from the arms of the EFCC.”
“As far as I am concerned the anti-corruption war, as laudable, beautiful and important as it is to Nigerians, has been one-sided and the way and manner it is being fought leaves much to be desired. So you cannot score the government any pass mark, with all due respect,” he added.