By Ikechukwu Nnochiri
ABUJA – Leading legal practitioners in the country condemned on Monday the statement by President Muhammadu Buhari that he would continue to put the nation's security and national interest above the rule of law
The lawyers who are in separate He interviewed Vanguard, claiming that President Buhari's position was a clear recipe for executive lawlessness and anarchy.
The president had presented in a speech which he presented Englisch: www.germnews.de/archive/eng/news/2012.html Opening Ceremony of the Nigerian Bar Association 2018 in Abuja, the NBA emphasized that the individual rights of alleged perpetrators are not spared when national security and public interest are threatened
Position based on existing decisions of the Supreme Court.
In his opinion, "Rule of law must be subject to the Suprem the security of the country and national interests.Our apex court has commented on this issue in this regard, and now it is a matter of judicial recognition, where national security and If the public interest is threatened or in danger of being threatened, the individual rights of the allegedly responsible for the good of society must come second. "
Among the Niger's leading representatives, SAN, who criticized the President's speech , included a professor of law, Mr. Ernest Ojukwu and human rights activist, head Mike Ozekhome.
Prof. Ojukwu, SAN, said: "It is unfortunate that our President gave this speech, and I think there is a fundamental problem that we need to address in this issue."
"If our president says that the rule of law is subject to national interests must, then this is a sinister sign that our democracy has failed. Civil society must rise up to reverse this speech, be it in form, in form or in reality, or we will be in trouble. "
According to Ozekhome, SAN:" He is completely wrong. Rule of law dominates the national interest. Without the rule of law, there can be no nation state. Without a nation-state, there can be no national interest.
"Rule of law is a father of national interest, as suggested by Prof. AVDicey, this means equality before the law by all persons, observance of all laws by persons and authorities and, of course, obedience to court orders by competent courts. [19659002ThegovernmentwhichisbailedoutbyorderofthereleaseofacitizenmustobeytheordersofthecourtItisnotuptothegovernmenttodecidewhichorderobeysandwhichisnotobeyedNameof"nationalinterest"
"This is the case because the court, after coming to a decision to release a person on bail, First, the facts and arguments of the case must have been heard by both the government and the citizen.
"There is executive lawlessness and state arbitrariness and scurrility to rely on a notice of appeal to determine what corresponds to national interests. Such a stance is a clear descent into anarchy and chaos. "
Abeny Mohammed, SAN, said," What's national? Interest that the rule of law must be sacrificed? Rather, it is in the national interest of a government to obey and subordinate Nigeria to the rule of law. Where the rule of law prevails, every interest, including the country, is preserved. A country without a rule of law is a lawless jungle.
"I do not know who wrote this speech, it is the first time in our case law that I hear a president who complains that the rule of law must yield to national interests." That does not mean doing things to ease anyone's whims and moods, which prevents any leader from doing what he likes in Nigeria today.
"Unless he wants to bring Nigeria back in 1984 when he was military head of state when his words were law. "
Similarly, another human rights lawyer, Dr. Kayode Ajulo, said:" The ultimate national interest is codified in the constitution. Fundamental human rights are related to the rule of law, and if the rule of law is second, then it is possible to trample on those rights protected by our constitution!
"The President's statement surpasses our constitution and all the principles of his assertion as President of our Federation and therefore the Declaration has no legs to stand on it! No serious citizen would take it seriously."
For his part, the prosecutor said Ugochukwu Ezekiel: "The process of ensuring national security is regulated by law, and all structures and institutions for enforcing and securing the country are legal creations, including the office of commander-in-chief."
"It is therefore incorrect that the national Safety of the rule of law is superior. The rule of law is inviolable and the basis on which citizens surrender their rights to the state. There is a big difference between individual rights and the rule of law, as individual law is anchored by the rule of law.
"President Muhammadu Buhari must have misunderstood the Supreme Court's ruling in Asari's case on the right of individuals subject to public safety to be subject to the rule of national security.
" Once the rule of law meets the perceived need is subjected to national security, which is determined by a man or a group of men without the controls provided for in our constitution and other applicable laws, dictatorship is born and democracy flees. "