The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his second term in office to renew his commitment to abide by the rule of law daily.
In an open letter dated 29 May 2019 and signed by SERAP deputy director, Kolawole Oluwadare, the civil society called on Buhari to “publicly commit to making every day of your stay in Aso Rock a ‘Rule of Law’ Day, including by ensuring that every segment of your government’s daily operations is lawful and rule-of-law compliant, for the sake of fairness, justice, your legacy, and the success of your anti-corruption agenda, which has remained stuck in limbo.”
The organization expressed “serious concerns that the results of the ‘rule of law ’ in the past four years are uniquely damaging to your government’s fight against corruption and to the country.”
The statement partly reads: “Making a public commitment to dedicate every day of your second term as a ‘Rule of Law’ day will help to ensure that decisions of our courts are fully obeyed, refocus, improve and reinforce the anti-corruption agenda. It will also serve as a reminder that no one has immunity from the law, not even the government.
“Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law. Treating the decisions of Nigerian courts as not binding is antithetical to any contemporary notion of the rule of law and democracy, and clearly counter-productive to the fight against corruption.
“Ignoring or refusing to obey decisions of our courts is implicitly rendering the judiciary powerless to enforce constitutional and legal rights, violating separation of powers, undermining the rule of law, and ultimately, raising serious question marks on the government’s commitment to fight grand corruption.
“Democracy is an inherent element of the rule of law, and obeying decisions of the courts, pushing for transparency of high-ranking government officials and going after former senior officials suspected of living on proceeds of corruption and ‘dirty money’ are closely connected with the existence and consolidation of democracy, good governance and development.
“Persistent disobedience of decisions of our courts by the government has opened the way for many state governors to do the same within their states including by using anti-media laws to suppress the civic space, target journalists and human rights defenders, grant to themselves pensions for life and commit grand corruption and other appalling atrocities.
“High-profile judgements your government is refusing to obey include at least two judgments obtained by SERAP.
“The first is the judgement by Justice Hadiza Rabiu Shagari ordering the government to tell Nigerians about the stolen asset it allegedly recovered, with details of the amounts recovered. The second judgment, by Justice Mohammed Idris, ordered the government to publish details on the spending of stolen funds recovered by successive governments since the return of democracy in 1999.
“Another court order that is yet to be complied with is the order for the release of Islamic Movement of Nigeria leader, Sheikh Ibrahim El-Zakzaky and his wife, Zeenah, from unlawful detention, obtained by human rights lawyer and Senior Advocate of Nigeria, Femi Falana.”
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