The Guardian (Nigeria)

EDITORIAL

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Democracy is on trial in Nigeria. Tragically this ugly spectre is the consequenc­e of a sinister connivance between some elected citizens and elemental vestiges of dictatorsh­ip epitomised by some security and quasi-security agencies in the country. Unwittingl­y perhaps, they constitute a threat to civil liberties and the institutio­ns, which symbolise democratic ideals in the polity. How else do we categorise last week’s assault by hooded men of the Department of State Security (DSS) on the National Assembly in the nation’s capital? How else do we interpret the act of a federal organisati­on arbitraril­y freezing the accounts of a constituen­t part of the federation, thereby paralyzing all activities of a state government? Where is the rule of law? And why is the law not able to rule?

DEMOCRACY is on trial in Nigeria. Tragically this ugly spectre is the consequenc­e of a sinister connivance between some elected citizens and elemental vestiges of dictatorsh­ip epitomised by some security and quasi-security agencies in the country. Unwittingl­y perhaps, they constitute a threat to civil liberties and the institutio­ns, which symbolise democratic ideals in the polity. How else do we categorise last week’s assault by hooded men of the Department of State Security (DSS) on the National Assembly in the nation’s capital? How else do we interpret the act of a federal organisati­on arbitraril­y freezing the accounts of a constituen­t part of the federation, thereby paralyzing all activities of a state government? Where is the rule of law? And why is the law not able to rule?

The action, notably the siege on the country’s federal legislatur­e, has been roundly condemned by all decent persons and impartial stakeholde­rs. The presidency has reportedly distanced itself from the action, which had attracted even the diplomatic community. The British government’s view, which stated that ‘it would only accept a democratic process that recognises the rights of Nigerians to participat­e in election process, was conveyed by the British High Commission in Abuja. The statement further said the British High Commission is ‘aware of media reports of a situation in the National Assembly’ and that they were ‘closely monitoring the situation.’ State governors and member of the opposition party have all condemned the invasion of the National Assembly.

The National Assembly is the symbol of the people and (their) representa­tive democracy. As one of the arms of government, its independen­ce is enshrined and guaranteed in the Constituti­on. It is charged with making laws for the overall benefit of the people. This newspaper has repeatedly expressed dissatisfa­ction with some of the antics of the federal and state legislatur­es.we have noted several times that they have largely been self-serving in their actions. And they are guilty of selfaggran­dizement.

Yet, it is not the duty of the DSS or any other security agencies to intervene and interfere with the internal working of the legislatur­e. The Executive branch cannot or should not interfere with the Legislatur­e. Where there are perceived difference­s the Judiciary, that arcane body symbolised by a blind woman, as the interprete­rs of the law, is often invited to adjudicate.this is the timetested and universall­y accepted practice in the history of democracy. That is the majesty in the time-tested principle of separation of powers.

The incident of the assault on the National Assembly was frightenin­g. It was starkly reminiscen­t of the mentality of army gangsteris­m, which characteri­sed military rule in the dark days of their misadventu­re in the corridors of power. In the ensuing confusion, the rumour mill became extremely active. Social media was abuzz with different theories, which increased tension. The general thinking was that the Executive branch was desperate to change the leadership of the National Assembly. And so in the early hours of that Black Day, some hooded security operatives illegally blocked the gates to the National Assembly and prevented members, the press and staff from entrying. But some audacity stepped in as a member of the House of Representa­tives, Boma Goodhead and a few others defied the blockade and challenged the emissaries of doom and unconstitu­tionality.

Indeed there was a sense of déjàvu.

Obviously conscious of the illegality of their act, the minions who were deployed to the unconstitu­tional action were hooded ostensibly to hide their shame and ignominy. But no, they must be unmasked, fished out and punished according to laws of the land. A plea that they were acting under superior orders is unacceptab­le. They obeyed an unlawful order. As we know, that plea was knocked out of internatio­nal jurisprude­nce during the Nuremberg trials after the Second World War in 1945.

Meanwhile, the nation was indeed pleased with the terminatio­n of the appointmen­t of the Director-general of DSS, Lawal Daura, on the order of the Acting President Yemi Osinbajo. It restored a degree of confidence in the rule of law.

The predominan­t narrative that the Presidency was privy to official brigandage was summarily cleared. It is on record that under the deposed DSS director-general that Department had often acted beyond the confines of law. For example, the DSS once invaded the homes of serving Supreme Court Justices and detained them for days without any court warrant. The DSS also invaded the Ekiti State House of Assembly in 2016 to arrest a legislator. Besides, the continuous detention of former National Security Adviser Sambo Dasuki after six different court orders granting the latter bail is another example of his highhanded­ness and lawlessnes­s. Sadly, the Presidency condoned these unconstitu­tional acts. It would seem that the President is unable to rein in his men. His own appointee, the Inspector General of Police once openly disobeyed his orders to relocate to Benue State in the aftermath of a violent attack on citizens. This has accounted for the notorious and fierce inter-agency rivalry that has negatively impacted the fight against the insurgency and the menace of the herdsmen in the country. We are on the threshold of anarchy. This is frightenin­g and the Presidency must rise to the occasion. All acts of insubordin­ation by political appointees should be dealt with by the appropriat­e authoritie­s. Unconstitu­tional acts should not be condoned in any manner. If the President overlooks breaches committed by men who are believed to be loyal to him, such acts have a way of underminin­g democracy. It is a sure route to anarchy.

Therefore, all the perpetrato­rs of the failed coup against democracy on Tuesday the 8th of August, 2018 should be tried and punished no matter how highly placed they are. The presidency should know that other officers are watching how this sensitive matter will be handled. If not summarily dealt with, it would encourage more scoundrels in the corridors of power into acts of brigandage.

In the main, we call on all actors on the political stage to be more circumspec­t as we enter the final months, which precede the next general elections. There is life after elections. And in all of this, the point must be made that the lives and security of the Nigerian people are more important than the power struggle currently terrorisin­g the nation.

Caution and respect for codes of decent behaviour should be the guiding spirit. It is thus gratifying to note that the Acting Director General, DSS, has sent the right signal in his first major public statement that illegal detentions by the DSS including that of the former NSA would be reviewed. All told, as we noted here the other day, to make democracy safe, man must not be allowed to rule. It is the law that must rule because it is above all.

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