By Hassan Sadisu Imam

OVERVIEW

The rule of law upon which our democratic governance is founded becomes illusory if the president of the country or any authority or person refuses to obey the orders of the court. A state of affairs in which the Executive that is headed by someone who swore on oath that is made by a covenant with God that he would respect and obey the Constitution and which includes total and unaltered obedience of the orders of the court turns round to mock the Constitution by refusing to be faithful to court orders is dethroning the rule of law and an onward march towards anarchy. For any democracy to thrive, respect for the rule of law and human rights and adherence to the Constitution is paramount. Flagrant disregard for the constitution weakens the rule of law and also threatens democracy. The incessant disobedience of court orders by the Government and its agencies have continued to weaken democracy and the rule of law. If the law is continuously flouted, it means the essence of the law has been lost. Any Security Agency set up by law to enforce law must subject the conduct and actions of its operations to the law. Any deviation from the law in exercise of law enforcement powers can have consequences for both the individual and the agency they represent. Non conformity with the law is lawlessness and lawlessness destroys the legitimacy of any law enforcement agency.

INSTANCES OF FLOUTED COURT ORDERS

The President Muhammadu Buhari has cemented his anti-democratic stand in which he flagrantly disobeyed Supreme Court Order on the naira redesign policy of the Central Bank, to keep the old N200, N500 and N1000 Banknotes in circulation till February 15, 2023. Instead of waiting for the highest Court of the land to decide on the matter, Buhari violated the order. This is a blatant threat to the rule of law which the noted Scholar Ludwig von Mises says ‘’ hinders the rulers from turning themselves into the worst gangsters’’.

In his defiant broadcast, Buhari said:

‘’to further ease the supply pressures, particularly to our citizens, I have given approval to the CBN that the old N200 bank notes be released back into circulation and that it should be allowed to circulate as legal tender with the New N200 and N500 and N1000 banknotes for 60days from February 10, 2023 to April 10, 2023 when the old N200 notes ceases to be legal tender’’

His actions are contemptuous of the Court representing another assault on the rule of law, which is the backbone of stable democracy. Under him disobedience of court orders is so rampant, on six separate occasions between 2015 and 2018 He refused to release Sambo Dasuki, an ex National Security Adviser. Also, Ibrahim El-zakzaky the Shi’ites leader suffered the same fate despite the court ordering his release several times. Omoyele Sowore, A Presidential Candidate was detained by the State Security Service (SSS) for months after the Court ordered his release on charges masterminding anti-government protest. In an ongoing case, the Buhari regime is still holding on to Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra, several times after the Court granted him bail.

At various times, Governor Nasir El-rufai of Kaduna State and Governor Abdullahi Umar Ganduje of Kano State who are spearheading compliance with the Supreme Court Order on the Naira redesign policy for partisan reasons had disobeyed court orders. In 2017, the Kaduna State Urban and Development Agency demolished the property of political rival despite a pending court case. In Kano State, the Governor ignored a High Court order restraining him from appointing four new Emirs and implementing the division of Kano Emirate into five Emirates in May 2019. This is Executive lawlessness, a culture of arrogance by ephemeral public office holders.

The EFCC in recent times seems to disregard court orders not in its favors. For instance, on February 6, 2023 the Kogi State High Court in Lokoja ordered the Chairman of the EFCC Abdulrasheed Bawa to be imprisoned for disobeying Court order. The judge Ms Rukayat Ayoola issued the committal order based on an application filed by one Ali Bello accusing Bawa of disobeying court ruling by going ahead to arrest and detains him in the face of an earlier subsisting Court order without warrant of arrest or being informed of the offence for which he was arrested which the Court said is unlawful and unconstitutional. Over the years, the EFCC has been instrumental in charging and prosecuting political leaders and businessmen in recovering and repatriating significant stolen resources for the Nigerian State, yet, it’s also subjected to frequent political interference, which reduces its effectiveness. The commission seems only to act with gusto against perceived political enemies of some powerful political forces in the country rather than being neutral and professional. This culture of impunity as consistently exhibited by the EFCC BOSS continues to ridicule Nigeria in the comity of Nations and Sabotage the efforts of attracting Foreign Direct Investment.

Similarly, the Conviction and remand order on the Inspector General of Police, Usman Baba and the Chief of Army Staff Lt. Gen. Faruk Yahaya for contempt should worry every Nigerian; Their Indifference to the official defiance of Court rulings signpost the Country’s perceptible slide into anarchy. A federal High Court in Abuja ordered the Police Boss to be imprisoned for disobeying Court order for refusing to comply with a Court order to reverse the sacking of a former police officer Patrick Okoli. A few days later, a High Court in Niger State ordered that the Army Chief be remanded in prison alongside the Commandant, Nigerian Army Training and Doctrine Command Minna, Major General Stevenson Olabanji for willfully disobeying an order it made.

Before a Court will recourse to granting a remand application, there must have been processes, invitations, and opportunities for compliance. But in these cases, it’s evident the Security Chiefs ignored the Court Orders. This shows Impunity reigns in Nigeria as many persons operate above the law.

In the case of LOUIS B EZEKIEL HART V. CHIEF GEOGE I EZEKIEL HART (1990) 1 NWLR (pt 126) P.276 SC The Supreme Court held that:

‘’it’s Contempt to disobey a judgment or order of the Court… To allow Court orders to be disobeyed would be to tread the road towards anarchy. If orders of the Court can be treated with disrespect, the whole administration of Justice is brought into scorn. If the remedies that the Court grant to correct wrongs can be ignored, then there will be nothing left for each person but to take the law into his own hands. Loss of respect for the Court will quickly result into destruction of our Society.’’

Similarly, in the Case of IBRAHIM V. EMEIN (1996) 2 (pt430) 322 CA The Court of Appeal held that:

‘’it’s indeed a sorry situation that such highly placed Government functionaries should descend so low to disobey a clear order of this Court with wreck less abandon. They are supposed to set good example for the people to follow, but instead they tenaciously promoted indiscipline of the highest order by openly promoting lawlessness in our Nation from the vantage point of their seal of power. It’s indeed very regrettable to place such type of people in position of authority’’

Muhammad J.S.C Posited that:

‘’ I’m of the firm view that for a Nation such as ours to have stability and respect for democracy, obviously, rule of law must be allowed to follow its normal course unencumbered. If for any reason, the executive arm of government refuses to comply with court orders, I’m afraid, that arm is promoting anarchy and Executive indiscipline capable of wrecking the organic frame work of the society. The corporate existence of Nigeria it must be admitted postulate the principles of cooperation between the three arms of government (Executive, Legislature, Judiciary) where they work together in the same framework, then the rule of law shall prevail in that society, But where each selects to work in isolation and or in utter disdain of the other then havoc wrecks the society’’

CONCLUSION

Institutions like the Judiciary are meant to be the bastion of Society and the flagrant disregard of its judgments lead to chaos as is being witness across board in Country. The saying that the Judiciary is the last hope of the common man seems not to be tenable again in Nigeria, because disobeying Court orders has become the norm for many people in places of authority across the Nation. This certainly is traceable to the subjugation of the welfare of judges to the whims and caprices of the Executive. What then is the Solution to this continuous flagrant disobedience of Court orders propelling anarchy in the Land? First and foremost, since the breach of the rule of law is the crux of disobedience, it might well be apt to engage the political actors on their perspective and disposition to the rule of law particularly on disobedience to Court orders. The Judiciary should as well be courageous as a powerful arm of government, judges can symbolically protest without shutting down the Courts. The Judiciary should unite; disobedience to Court order should attract strong punishment. Most importantly the Judiciary must stop hobnobbing with the political class and purge itself of corruption that may whittle down its powers and respect.

Consequently, Elected officials that disobey Court orders should face removal procedures and where found guilty be removed from the office they occupy, by the time some of them are made scope goats sanity will start returning to the system and by extension the country. When Government becomes lawless other segments of the society will lose hope in the courts and resort to anarchy just like what we are witnessing today. Sadly, Nigeria is threading this path with the unconscionable disregard for Court orders by public officials. Government functionaries must understand that the rule of law, respect for human rights, separation of powers and constitutional Supremacy are all central to democracy.

Government actually sets the stage for the society through disobedience to Court orders. It’s this mentorship that the followers will embrace that has resulted into the confusion we are today. That’s why emerging leaders must demonstrate leadership by example, through upholding the rule of law particularly obedience to court orders. Lastly, the change in narrative must commence with the government before the fellowship embrace the same; this is the only way of arresting the cankerworm undermining the judiciary and must be put to an ends.

HASSAN SADISU IMAM is a Lawyer who graduated from the prestigious Ahmadu Bello University Zaria Kaduna Nigeria; He has a keen interest in Constitutional Law and Various aspects of Commercial Law. He has authored many articles on diverse contemporary legal issues; He can be reached via;

Tel: 09023945495

Email: hassanlimanesq@gmail.com