NASIR EL RUFAI JUSTIFIES ABUSES OF THE RULE OF LAW BY PRESIDENT BUHARI

WHAT INDEED IS THE RULE OF LAW? - Written by Kay Lord

I remember one of President Obama's key promise during his first term campaign;
"I will shut down Guatanamo Bay prisons. It is hypocritical of America to be preaching democracy and rule of law to the world yet own a facility where suspects are kept without trial for many years. The shutting down of that illegal detention centre would be one of my first executive order once I am sworn in as the President of the United States. " (Paraphrased)

As I write this, Obama is nearing the end of his second term in office and Guatanamo prison is still standing and the US are still detaining high risk suspects there, some for upward of 10 to 15 years without trial or prosecution in any law court anywhere in the world.

Obama came to office as a green horn in security matters. He did not know that security issues are not subject to campaign rhetoric. I remember John McCain, his Republican challenger, a war veteran and a Senator of over 30 years, who had chaired several Senate security committees in the US Senate telling Obama he does not know what he's talking about!

You will wonder why Obama kept silent on Guatanamo till now? Now, he knows better. That's why I laugh reading Facebook 'activist' and unrepentant Buhari bashers pontificating and sermonising over the rule of law after what President Buhari said about granting bail for individuals that have serious case against the state that pertains to security issues.

What folks don't understand is that the rule of law itself is subject to the rule and right of a nation when it pertains to the security and wellbeing of the people of a country against that of a few individuals. That's why, the USA that calls themselves the land of freedom and the bastion of democracy in the world do not care about the rule of law when it concerns the security of her people. That supercede any rule of law. Cry from today to eternity, you are just wasting your time and effort, America will ignore you and do what they have to do.

Check this; the US flouted every international law when the President of the US ordered special combat forces to go into the territory of another sovereign nation, Pakistan in order to get Osama bin Laden. Not only was Osama ordered to be killed extra judicially but his corpse was even buried at sea. When I read a book detailing the preparation for that mission by one of the members of that special force that entered into Pakistan under the cover of the night, you will realize that when it comes to the security and safety of the United States, they are ready to flout any law. Now, do you want to accuse Obama of illegality? Has Pakistan sued America at the World court? Also, please who amongst the vuvuzelas shouting themselves hoarse on Facebook will pick up the gauntlet and sue the President of the US for killing Osama bin Laden extra judicially? Ohhh don't they think Osama bin Laden has fundamental right to fair hearing? Yeye people!

One of the reasons I supported president Buhari came to fore during his media chat. I am an advocate of the rule of law and I believe in it but personally I believe we have to draw a line when the rule of law comes into conflict with security, safety and the well being of citizens of a given nation. You can't flagrantly abuse the security and well being of the people and come around to shout about rule of law when it's time to face the consequences of your action. Our judicial process must be overhauled to conform with the reality of the moment. America knows this better. For once, this country has a President that is ready to lead! It's not that PMB does not believe in the rule of law. After all, this is a man that was rigged out of election on about 3 occasions but followed the rule of law by going all the way up to the Supreme Court to seek redress.

What the President is saying to whoever cares to listen is that, when it comes to the safety, well being and progress of this nation no individual would use the rule of law to escape justice. That's why he said point blank concerning the Shi'ite issue that you can't have a state inside a state! It's either folks are ready to shape up or ship out! This country has been thrown to the dogs, it's high time we take it back and put it on the path of sanctity. Enough of lilly livered leadership, it's time to run this country according to dictates of the time we live in.

If you don't like it, sorry, we have a country to run and you will have to excuse us.

Kay Lord, 2 January 2016

WHAT IS REALLY THE RULE OF LAW?

According to Duhaime's Law Dictionary

Rule of Law Definition:

That individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals. 

A government of law and not of men.

Distinguished from the rule of man where, for example, in a monarchy, tyrannical or theocratic form of government, governance and rules of conduct is set and altered at the discretion of a single person, or a select group of persons.

In a political system which adheres to the paramountcy of the rule of law, the law is supreme over the acts of the government and the people.

According to the United Nations, the rule of law:

"... refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards."

The lawRetired (and now deceased) Justice Tom Bingham wrote, in a 2010 book entitled Rule of Law, this of the rule of law:

"The core of the ... principle is ... that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefits of laws publicly made ... and publicly administered in the courts."

The phrase "rule of law" is often found in contemporary constitutions. For example, Canada's includes the phrase:

"Canada is founded upon principles that recognize the supremacy of God and the rule of law."

In Canada and in the United States, much has been written in constitutional law cases about the rule of law. It has expanded from three words to include justification for the following principles.

"Adherence to the rule of law is what guides us in our everyday social and legal interactions, prevents anarchy, and hold us together as a people." (Frens)

All are equal in the eyes of the law (References re French Language)

Equality in the law as well as before the law (References re French Language)

That people should be ruled by the law and obey it (Rossiter)

The law should be such that people will be able to be guided by it (Rossiter)

"Constitutionalism and the rule of law are cornerstones of the Constitution and reflect our country’s commitment to an orderly and civil society in which all are bound by the enduring rules, principles, and values of our Constitution as the supreme source of law and authority." (Lalonde)

"The rule of law refers to the regulation of the relationship between the state and individuals by pre-established and knowable laws.  The state, no less than the individuals it governs, must be subject to and obey the law. The state’s obligation to obey the law is central to the very existence of the rule of law. 

 Without this obligation, there would be no enforceable limit on the state’s power over individuals...." (Hitzig)

"The law in our society is supreme. No one - no politician - no government - no judge - no union - no citizen is above the law. We are all subject to the law. We do not get to pick and choose the laws we will observe and obey. Each of us must accept the rule of all laws, even if we have to hold our noses in complying with some of them." (HEABC)

"The rule of law requires that (judicial) decisions be made by a court which is independent of any influence or pressure by the executive and legislative branches of government" (R v Campbell)

 "(F)irst, that he rule of law provides that the law is supreme over the acts of both government and private persons.  There is, in short, one law for all.  Second, ... the rule of law requires the creation and maintenance of an actual order of positive laws which preserves and embodies the more general principle of normative order... A third aspect of the rule of law is that the exercise of all public power must find its ultimate source in a legal rule.  Put another way, the relationship between the state and the individual must be regulated by law." (Re References re Secession of Quebec)

With the above definition, we can now see what the rule of law really mean. It is unfortunate that people who took oath of allegiance and oath of office to abide by its tenet and defend the law of the land are the one that promote the violation of the same instrument they swore to defend. If they say that the president has the prerogative to select which court order to obey, then they forget that the rule of law embodies the principle of good governance. They are automatically telling Nigerians that they should not expect good governance. The law of the land is supreme and every official of government and citizens must obey the law as they say no man is above the law. If we continue to justify illegality, you are automatically telling an armed robber to take arms against their victims; you are indirectly telling them your trade is genuine and you can kill if you meet opposition. 

I think Nigerians paid early before they got democracy which is known globally as the best government that every sensible human should think of. Justifying violation and abuse of the rule of law for whatever reasons is an indirect invitation to anarchy which will not augur well with our country. I strongly support President Buhari to prosecute everyone found wanting on corruption cases. Like I have always say, let the war against corruption be all round and not selective and tilted to opposition camp alone. What we witness in the different Election Tribunal and Court of Appeal is strong indication that the Judiciary is under some influence. Democracy thrives when there is separation of power by all arm of government. If we continue to defend illegality in our society, there are indications that a man will take a cutlass and butcher another man thinking that he has not committed any crime. We should not allow our political expediencies to make us blind to reality. Nigeria is a country guided by law and the law must be respected by every citizen no matter the office he or she occupies. The rule of law must be respected by both leaders and followers for our country to move forward.

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