Features
Buhari And The Rule Of Law
President Muhammadu Buhari
Recently, a Port Harcourt-
based lawyer, J.P. Ebenezer urged the Federal Government to maintain respect for the rule of law. He flayed the reaction of President Muhammadu Buhari over obedience to court orders, saying that respect for the rule of law was sacrosanct and a basic ingredient of democracy. The lawyer condemned the re-arrest of the Director of Radio Biafra, Nnamdi Kanu and the former National Security Adviser to former President Goodluck Jonathan, Sambo Dasuki in spite of their subsisting bail by a competent court of law.
A legal luminary and Senior Advocate of Nigeria (SAN), Femi Falana, had earlier expressed similar feeling by calling on President Buhari to obey the rule of law and respect the bail order by a competent court of law. Buhari had vowed not to release the duo and rather clamped more charges on them. Barrister Ebenezer observed that Buhari is not ready to obey the law, saying “the rule should not only be obeyed when it favours us but when our very interest is not at stake, yet we allow it to have its way. The absence of the rule of law will invariably lead to anarchy and breed indiscipline.”
Law is a body of rules in any society at any given time, considered binding and which a breach is met by a sanction. Law refers to a set of formalised or codified rules stipulating the rights and duties of individuals, powers and obligations of authorities, with their limitations and remedies as well as the manner of redress in any case of breach. When rules involve the idea of obligation they become law, but when they merely represent the notions of good and bad behaviour, they are mere rules of morality. Mere coincidence of patterns of behaviour does not indicate the existence of law, habits must thus be distinguished from obligatory rules.
A man’s philosophy forms part of his character, outlook and relationship with fellow man and his society, and it undeniably dictates the line of his action or conducts, whether good or bad. In some sense, this bad conduct of man, taking various criminal or tortuous forms if done while in the position of public authority, may be termed “misconduct,” gross or grave enough to ground his impeachment and removal from office.
In another sense, if the conduct of man’s affairs deviates from the accepted legal standards, it may appropriately be pronounced wrong, illegal and unconstitutional within the disregarded legal principles. The political arrangement in any society the world over is principally to ensure its ultimate cohesion, continuous existence and smooth administration.
The power of the state or country is reservedly vested in the government with its organs arranged in such pattern that one organ checks the other to avoid or prevent the consequence of ugly behaviour of a man vested with such power.
All these arrangements are necessarily codified in a body called law to avoid doubts, uncertainties and obligatory manipulation, whether in exercising the power so vested without abuse or in impeaching anyone found to have abused such vested power. For a man entrusted with the leadership of Nigeria such as President Muhammadu Buhari to be seen as flouting the law is not in the good interest of the country and the people he is ruling. When the leader fails to obey the law, what does the followers do? The leader must lead by example.
Justice is not a one-way traffic but a three-way thing- to the accused, the society and victim. Where the rule of law exists, the rule of self-help is abandoned. One major problem facing the country is that the political class is intolerant and practically immature and this has been one of the causes of military interventions or anarchy in Nigerian politics. Most Nigerian politicians see themselves as divided Nigerian citizens based on their political party affiliations, and perhaps ethnicity or religion.
These do not help matters but make government policy-making become excruciatingly difficult and the working relationship between the Executive, Legislature and Judiciary becomes sour. We must begin to appreciate that it is not in the interest of the nation for the three arms of government to always be at loggerheads on enforcement of and obedience to the law.
Practically, obedience to the law is secured by sanction and sanction serves the purpose of protecting the general community against persons of deviant behaviour. Without sanction, the continued existence of the society would be in danger and society would ultimately disintegrate. Some people consider law as a command and some rules of law are couched in terms of command given by an authority and directed to an individual. Most laws or legal rules are not in that form. Law is seen by some as normative in character as it prescribes the norms of conduct-what people ought to do. It is imperative in character, that is, law states what people must do and what they must not do.
Although there is no universally accepted definition of law, but it consists basically of a body of rules of human conduct which are binding on all, including the president in spite of the immunity he enjoys when in position. There is a limit to which a country’s leader exercises his power and not to always interfere in court processes and influence the decision or judgment of a competent court in a matter. Every society, primitive or civilized, developed or developing, capitalist or socialist, is governed by a body of rules, which the members of the society regard as the standard of behaviour.
Law is a complex phenomenon and any good definition of it must be complex and thus aptness must not necessarily be the important criterion. Any form of intolerance of court judgement would not be in the best interest of anybody and Nigeria in general. What is more important is the welfare of the people of Nigeria, which must override the personal feelings of Nigerian leaders and politicians.
Several years of military reign in Nigeria has affected the psyche of most politicians who are by-products of military training, thus making their actions, dispositions and utterances in the governance of the country fall short of the attributes of democrats.
A Nigerian leader was sometime quoted to have said “I do not need anyone to rule, I can rule alone.” If such statement was truly made, then it portrayed the undemocratic mentality of some of our democratic leaders. Buhari was also quoted as saying that he will never allow Nnamdi Kanu and Sambo Daduki to be released and vowed to deal with them. Such comments are only fashionable during military reigns and cannot serve any good purpose in a constitutional democracy.
The ordinary citizen may think of law simply as a body of rules which must be obeyed because he sees it from an external point of view and the judge may consider law simply as a guide towards conduct because he sees it from an internal point of view. This confirms why law is indeed a complex phenomenon. Our national peculiarity must be borne in mind when enforcing our laws. This is because we have witnessed and still witnessing in this country where the political party in power has mustered all the state power to harass and intimidate the opposition members by orchestrating several unlawful arrests on any flimsiest allegation trumped up to keep opposition out of their way.
The judiciary in any sovereign territory is an organ which is saddled with the primary tasks of interpreting the law and apportioning blame among warring parties who have submitted their cause to its adjudicatory jurisdiction. This task is carried out by the courts and their officers in any legal system. They are seen as the defenders of the rights of the people and the protectors of the down-trodden. The court is the last institution trusted with the power to keep all persons and authorities within the bounds and limits of the law.
It is the duty of the court to declare unconstitutional any infraction of the law and to right the wrong occasioned by the excess of power play in appropriate cases. Unlike their executive and legislative counterparts who are elected into office for a fixed period, judiciary officers assume their offices by virtue of appointment by the Executive head of either the federation or a state as the case may be. This does not mean that the judiciary officers must work under the influence of the Executive who does not know about the rule of law and its proceedings.
To disobey the rules of law or court orders is to deny the judges and Justices their legitimate assignment and to provide further leverage for politicians and the public to commit atrocities while in office, and assuring them of security of office against any judiciary checks and balances under the Nigerian constitutional democracy. A president or governor or any of their deputies should be made to face impeachment for inefficient performance in office because a poor or bad leader is a burden to the society he leads, just as the society is equally a burden on him.
A poor leader does not add to the development but his lack of contribution can bring retrogression to the lots of his people. The society is better off having such a leader removed from office as the last resort to save the country or state and its people from the oppression of retardation by an unproductive leadership. An immoral leader, an abysmal dictator who has lost the favour of the people must be removed from office through impeachment. That a president is covered by immunity should not be misconstrued as a leverage to disobey the rule of law.
In so far as we expect our executive leaders to demonstrate responsibility and eschew mischievous tactics in order to shy away from their duty to be accountable to the people, it is, however, not unjustifiable to recognise some exceptional “smart” ones who may want to catch in on the lacuna in the nation’s constitution to assert their shameless, criminal boldness and still secure their office by a simple act of mischief.
Shedie Okpara
From the fore going, the fight against drug trafficking should be treated as an international challenge with open collaboration, if the world leadership must win the fight!.
The circumstances or should I say the improvement on drug related activities are modifying and updating on daily basis. A close friend of mine in the United States of America who recently visited Jamaica, came with a lot of complicated information about drug trafficking and transaction. Being a qualified Nurse in US and on a visit to the Reggae Country (Jamaica), she said she was put aback when a man approached her and introduced himself as a Pharmacist. According to her, she immediately picked interest due to her professional background. To her, a business partner is birthed. But she was shocked to the narrows on learning that drug dealers or traffickers and subriquited Pharmacist in that Country. From her account, they ( The Jamaican Pharmacists), are the first set to people to meet and greet you at the Airport. No government or authority challenges them in the open due to the sophisticated nature of their transportation
Come to think of it, who would want to attack a Pharmacist on duty? Nigerians are not left out in the improvement on drug deal. A chat with a confident in the National Drug Law Enforcement Agency ( NDLEA) Rivers State Command, so revealed. The Officer draw my attention to the movement of Dispatch Riders. He said part of the reasons they ride with almost speed equivalent of the thunder lightning, is to meet up with the appointment of delivering hard drug consignment to a client of theirs. According to him, those guys popularly referred to as Yahoo Boys are the ones who now payroll dispatch riders so that they can deliver their consignment ( hard drugs) on schedule no matter the sort of traffic or weather condition. The fear of loosing rich clients and that of the unknown treatment that may come of the Boys, as the officer puts it, drives the Riders crazy thus the reason to speed even at the expense of their lives.
The account of a prominent Party Promoter, Wayne Anthony, as obtained online recently, also pointed out that ‘No Legislation Will Stop Clubbers From Doing Drugs’ Party promoter, Wayne Anthony, arrived in Ibiza, a Spanish Island in 1988, at the same time as dance music and the party drug ecstasy. Despite hallucinating badly enough to make him give up the lifestyle forever, he says laws will never stop clubbers taking drugs. “I don’t think you can control these things,” said former party promoter Wayne Anthony. He arrived in Ibiza in 1988 and began setting up club nights and raves in some of the island’s most iconic venues. In the years that followed, the sleepy Spanish island turned into a raver’s haven of clubbing and hedonism, with party drugs like ecstasy commonly found. “What Ibiza represented was this beautiful, hot island which was visually stunning and we knew you could party there quite legally,” said Wayne. “You didn’t have to look over your shoulder. You could just be as free as you possibly could be.”
That freedom came with a price. Along with the lavish clubs, all-day-benders and hot Spanish sun came drug cartels and crime. The city transformed into one the world’s most vibrant party capitals, “fuelled by a dangerous and lucrative drugs trade which drew as many criminals to its shores as it did party animals”. Wayne, one of the contributors to the documentary, spoke to Sky News ahead of its release.”I’m not going to sit here and say the cartels aren’t there. They are all there and they’ve been there from the ’90s,” said Wayne. But he said most people tried to ignore the organised crime going on around them. According to Wayne, clubbers usually took the approach of: “‘Give me 10 E’s . Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Hallucinating giant spiders Although he described the Balearic island as the “motherland”, it was eventually a bad experience with drugs that convinced Wayne it was time to leave Ibiza.
He’d been partying for days when he realised he’d taken too many drugs. A friend told him to drink cough medicine, dangerous advice that he now says could have killed him. “I saw the worst hallucination I’ve ever seen in all of my life. I ended up locking myself in the villa with all the shutters down. When he sobered up, he realised he had “come to the end” of his party life on the island. “I never looked back. I never took another drug. I got away from the club world.” ‘I don’t think you’re going to be able to stop it’ Despite his life-changing experience, he doesn’t think criminalising drugs is a good idea – or particularly effective. “If you’re old enough to vote for who’s going to be a world leader, if you’re old enough to put your name down on debt for 25 years, I feel like you should be old enough to govern what you put inside your own body, you know?” said Wayne.
Back to Nigeria, some illicit drugs worth over N30billion seized at Onne Port in Rivers State.
This blood chilling development forced the Federal Government to declare a state of emergency at the Onne Port, following what authorities described as repeated incidents of importation of dangerous cargo, including arms and ammunition through the said port. To this effect, the government said it was immediately implementing emergency protocols at Onne Port for the next three months by conducting thorough examinations of all suspected containers in the premises.
The Comptroller-General of Customs, Bashir Adeniyi, in charge of the port via a press conference, said it henceforth, unveiled the seizures of illicit goods by the Nigeria Customs Service, Area 2 Command, Onne in Eleme Local Government Area of Rivers State. In defence for his action, Adeniyi said the recurring incidents posed a threat to national security, adding that the health of citizens at the Onne Port is increasingly being used as a destination for dangerous and illicit cargo, describing it as a disturbing trend.
The customs boss stated, “Earlier today, I joined numerous stakeholders to take a significant step towards the cause of trade facilitation through the inauguration of upgraded facilities provided by the West Africa Container Terminal, Onne. “As I express delight that trade facilitation is getting traction in Onne Port, I cannot help but call your attention to a grave concern. This has to do with the repeated incidents of national security breaches unfolding in Onne Port. I appreciate your presence, as we all have a shared responsibility in safeguarding our national security. As we are all aware, the policy thrust of Mr President supports the re-energising of our business environment to drive faster import clearance and grow our capacity for exports, Our emphasis has been to promote initiatives that speak to Trade facilitation and economic development. “It is a matter of regret that criminal elements in the international supply chain are exploiting our pro-trade stance to commit atrocities bordering on national security breaches”.
“The attempts to test our will through the importation of dangerous cargo through this port has necessitated the declaration of a state of emergency in Onne Port, coming on the heels of a seizure of a huge cache of arms a couple of months ago. It is disheartening that perpetrators have not backed down on their illegal acts. Recent intelligence and seizures have revealed a disturbing trend; Onne Port is increasingly being used as a destination for dangerous and illicit cargo. The scale and nature of these illegal importations pose a significant threat to our national security and the health of our citizens. Today, we are here to showcase yet another series of significant seizures made by the diligent officers of the Area 2 Command. On display are twelve containers of illicit goods intercepted through a combination of intelligence gathering, inter-agency collaboration, and meticulous physical examination. Seizures on Display include: Three (3) x 40-feet containers: Containing 562,600 bottles of 100ml cough syrup with codeine and 3,150 pieces of chilly cutters, with a Paid Duty Value (DPV) of N4,716,573,846.
“Others are, three x 40-feet containers containing 380,000 bottles of 100ml cough syrup with codeine, 24,480,000 tablets of Royal Tramadol Hydrochloride, 5,350,000 tablets of Tapentadol and Carisoprodol, and other items, with a DPV of N17,432,506,000 were seized”.
According to the report, more seized items were, “Five (5) x 40-feet containers; Containing 892,400 bottles of 100ml cough syrup with codeine, 1,300,000 tablets of 50mg Really Extra Diclofenac, 7,250,000 tablets of 5mg Trodol Benzhexol, and other items, with a DPV of N8, 128,568,295,90. This very action of the Nigeria Customs Service, further complicated the hope of how soon the fight against drug trafficking could be brought to a halt owing to its high profile nature.
Another hair-raising report of the illicit drug deal has it that when NDLEA bursted a Snake-Guarded Shrine Used For Storing Illicit Drugs sometime ago in Edo State. This very news report was published in The Tide Newspaper on June 24, 2024. According to the report, NDLEA said its operatives uncovered a shrine, guarded by a snake, being used for storing illicit drugs, during an operation in Edo State. The Agency in a statement by its spokesperson, Femi Babafemi, added that its operatives discovered a specially constructed large hole in a wall, hidden behind wallpapers and fetish objects used for drug storage. It further noted that methamphetamine, Loud, Colorado and Arizona, all strong strains of cannabis with a total weight of 8.743kg among others, were recovered from the shrine.
To be cont’d
King Onunwor
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku