Law is nothing but codified sanction code and written rules and regulations governing a democratic society for the purpose of preventing anarchy and dictatorship and ensuring steady growth and development of the society including greatest happiness for greatest number of citizens of such society at all times.
Conventions and precedents are literally invoked to fill any loophole created by absence of law in black and white. Part of this is commonly called “Doctrine of Necessity”.
We at Intersociety are, therefore, deeply concerned and worried over mindless and rapacious institutionalization and cementation of personal legal opinions and biases in the art of public governance in Nigeria particularly since June 2015.
Apart from clear takeover of the constitutional powers and functions of the Attorney General of the Federation by some lawyers particularly those holding the nonacademic title of “Senior Advocates of Nigeria”, such personal legal opinions and biases have gravely emboldened the Presidency of Nigeria and forced same to partly or wholly abandon the Constitution and laid down conventions in its marathon race of executive recklessness and blunders particularly in matters of temporary and substantive appointment of certain persons as “public office holders” in the Presidency or Executive Arm of Government.
A clear case in point is the ongoing self-inflicted and self-invited travails of the “Acting” Chairman of the EFCC, COMPOL Ibrahim Magu and the “Controller General” of Custom, Retired Col Hameed Ali.
While the so called EFCC Boss has remained in acting capacity since 2015, a period of almost two years, the so called Custom Boss, had his appointment mired in grave error; conventionally and constitutionally; likewise the current “boss” of SSS.
Their appointment was nothing short of militarist, unconventional and unconstitutional executive action till date.
It is unheard of in a sane democratic Nigeria that a public office holder appointed in acting capacity, would remain so endlessly since 2015. What then is “acting capacity”?
The current Chairman of INEC was also a product of endless acting capacity appointment for several months, likewise the said “acting Chairman” of EFCC, who has so remained till date.
The appointment of the current heads of Custom and SSS was gravely erroneous in that despite the fact that they have served and retired from Service; President Muhammadu Buhari and his cabinet goofed unpardonably by recalling them unconventionally and unconstitutionally and placed them in their present respective positions in the named highly professional and career government coercive establishments.
Today, chickens have returned home to roost and blunders of the immediate past have revenged and reared their ugly heads.
Retired Director (of SSS) Musa Daura was recalled from his legitimate retirement in 2013 and named “DG-SSS”, in defiance of convention and law guiding the SSS and despite the fact that there are serving Assistant and Deputy Directors General in the Service.
Retired Col Hameed Ali of the Nigerian Army was never part of the Nigerian Custom as a career Custom officer, yet he was militarily and magisterially appointed CG-Custom even when there are serving Assistant and Deputy Controllers General of Custom.
Today, they want him to “customize himself” with a uniform he never knew its origin and intents.
The current Chief of Army Staff, Lt Gen Tukur Yusuf Buratai, ought to have retired statutorily since 31st January 2016 having attained 35 mandatory years of service in the Army as at 31st January 2016. He belongs to the Class 29 Regular Combatant Course (29 RC) of the Nigerian Defense Academy of the Nigerian Army.
He was enlisted into the NDA on 31st January 1981 where he obtained a National Certificate in Education (NCE) which disqualified him from benefiting from the Harmonized Terms and Conditions of Service Officers (HTACOS: 2012) (Revised); designed to affect and benefit officers of Class of 36 (C36) and above, who were the first set to start degree programs at the NDA.
Till date, COAS Tukur Buratai is still defiantly retained by President Muhammadu Buhari and his Presidency.
The list of Presidential recklessness and blunders in the appointment of its public office holders, etc is endless.
We are deeply concerned and worried that among members of the Silk who have condemnably backed and defended the named Presidential recklessness and blunders since 2015 till date are Barristers Itse Sagay (SAN) and Femi Falana (SAN), to mention but a few.
They are former members of the hitherto respected Lagos School of Social Sainthood.
Such socially and constitutionally unfriendly personal legal opinions and biases have also been extended to the legitimate legislative proceedings and internal affairs of the National Assembly (i.e. recent suspension of Senator Ali Ndume by Senate).
While we hold nothing against them for expressing their personal legal opinions, but we are deeply worried because such personal legal opinions have risen to an apogee and begun to impeach the sacred provisions of the 1999 Constitution and laid down legislative, executive and judicial conventions and the spirit and letters of the Constitution.
Their personal legal opinions are also considered biased and undemocratic on account of their undue influence and emboldening of the Presidency in its clear acts of executive recklessness and blunders. Such personal legal opinions and biases also appear as if there is no longer office and person of the Attorney General of the Federation and powers and functions so attached.
We, therefore, make bold to say that the bold steps taken by the Senate of the Federal Republic of Nigeria in nipping in the bud the referenced presidential recklessness and blunders are totally commendable and should be supported by all and sundry.
Though the Senate also deserves strong condemnation too for keeping quiet all this while, but it has our total support in its ongoing moves to checkmate the Presidential recklessness and blunders above mentioned; provided they are not designed for illicit enrichment or attraction of presidential cakes.
We respectfully appeal to the likes of Barristers Itse Sagay (SAN) and Femi Falana (SAN), among others to restrict their personal legal opinions and appropriately channel them towards educating Nigerians on general issues of law, Constitution and public enlightenment; and allow the 1999 Constitution, its subsidiaries and laid down conventions to operate and be operated.
They must remember that all hands must be on deck to save and develop our hard won democracy and must stand bold at all times with the generality of Nigerians and condemn at all times all forms of executive recklessness, blunders and brigandage or militancy.
They must be reminded very importantly that Government as we have them today is not anybody’s property and even if one sympathizes, supports or is a member of such government with specified period of time and tenure of office; someday, such person will leave same and fall back on the society to render the account of his or her stewardship or support to such government which tenure has expired.
Signed:
For: International Society for Civil Liberties & the Rule of Law (Intersociety)
• Emeka Umeagbalasi (Criminologist & Graduate of Security Studies), Board Chairman
• Florence C. Akubilo, Esq., LLB, BL
Head, Campaign & Publicity Department
• Obianuju Joy Igboeli, Esq., LLB, BL
Head, Civil Liberties & Rule of Law Program
• Ndidiamaka C. Bernard, Esq., LLB, BL
Head, Int’l Justice & Human Rights Program
• Chinwe Umeche, Esq., LLB, BL
Head, Democracy & Good Governance Program
Email: info@intersociety-ng.org; Website: www.intersociety-ng.org; Phone Lines: +2348182411462, +2349063500218
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