RULE OF LAW: ON WHOSE INTEREST DOES IT SERVE?

I read an article written by my brother Wale Adedayo, a prolific writer and down to earth trained journalist about one Nigerian lawyer, Carol Ajie, who has forwarded a petition to the United States President Barak Obama asking him to prevail on his Nigerian counterpart, Muhammadu Buhari, to respect court orders and due process or resign!

To be sincere, I do not understand all this crab from Nigerian lawyers what they mean by ‘court orders’, ‘due process’ or ‘rule of law’!

Wikipedia defines the rule of law ‘as the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials’

According to the World Justice Project’s definition of the rule of law is a system in which the following four universal principles are upheld:

1.The government and its officials and agents as well as individuals and private entities are accountable under the law.

2.The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.

3.The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.

4.Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

Moreover, these four universal principles are further developed in the following nine factors of the WJP Rule of Law Index.

However, for the purpose of argument (Nigerian factor) only, I am not going to belabor myself on the nine factors of  the World Justice Project’s of LawIndex, but I will only dwells on Factor number 2 , that is the ‘measures the absence of corruption in a number of government agencies.’

The factor considers three forms of corruption: bribery, improper influence by public or private interests, and misappropriation of public funds or other resources.  These three forms of corruption are examined with respect to government officers in the executive branch ‘do not use public office for private gain’ (2.1), the judiciary ‘do not use public office for private gain ‘(2.2), the military and police ‘do not use public office for private gain’(2.3), and the legislature ‘do not use public office for private gain’(2.4), and encompass a wide range of possible situations in which corruption – from petty bribery to major kinds of fraud – can occur.  

With this ‘rule of law’ corrupt elements such as Abdulrasheed Maina, that sucked up N195 billion pension fund has escaped out of the country to enjoy his loot in a small Island because the rule of law provided a cover for him to go for medical treatment which he never returned for trial.  Farouk Lawan demanded for $3million bribe. The rule of law invoked his fundamental human rights, he got away with it till today and the trial is dead.

 Mohammed Abacha has a case of N446 billion on his neck, the rule of law guarantees he walks free and enjoy his loot to the fullest. Nothing has been heard of the matter till today. The $6 billion fuel subsidy scandal has been swept under the carpet and all the criminals that shared this loot are walking free because the rule of law says so.

 Peter Odili Looted and plundered Rivers State Treasury To the tune of $500 million and the rule of law protected and gave him an everlasting immunity from prosecution or arrest by EFCC so that the man can be left in peace to enjoy his loot.   Dan Etete and his gangs of seven or more thieves shared $1.1 billion in celebrated Malabu oil scandal. The rule of law ensured that they walked free and have all relocated from Nigeria.

 Abubakar Kigo and his gang of five, stole almost N33billion police pension fund, the rule of law gave them a pat on the wrist, 2 years jail term and N750,000 fine. Technocrat  Steve Oronsaye, the former head of service for the federation was found culpable in mismanaging and diverting N123 billion and the rule of law has made sure that the matter never sees the light of the day.

 Latest is Sambo Dasuki, after mismanaging, looting, diverting and sharing $2.1 billion arms purchase money to his friend and cronies is asking to be let out to travel abroad for medical treatment because the rule of law .

While the PDP and lovers of corruption are asking and demanding for the release of Olisa Metuh from EFCC detention because the rule of law guarantees him freedom for corruptly enriching himself. Olisa Metuh, a man who collected over N400 million of arms purchase money for his personal enjoyment on the detriment of our soldiers who were sent on a death mission without proper ammunition.

 Meanwhile, on whose interest does the RULE OF LAW serve?  America and western world uses drastic measures to solve drastic problems. American government detained scores of people in Guantanamo bay for years without trial heaven did not fall. Britain can detain people for terrorist offence now for more than 24hours.  In all the advanced countries that understand the principle of ‘rule of law’ they never call the leaders tyrant! Sometime ago a corrupt legislator in Ukraine was thrown inside a garbage, but here in Nigeria u will see especially the legal practitioners shouting rule of law because they benefits lots from this corrupt blood money. How many have been to the prisons around the country to help helpless poor awaiting trials.