Nigeria in an internet

By Gabriel Amalu

The settlement by the police and the division of state safety (DSS), to implement the executive banishment of the deposed Emir of Kano, Mohammed Sanusi, to Awe, in Nassarawa state, uncovered our nation as a feudal democracy.

According to the midwives of this unusual doctrine, it’s in accordance with custom {that a} deposed Emir, must be pressured to go on exile. And pronto, safety businesses created underneath the 1999 structure (as amended), obeyed a command not throughout the contemplation of the structure that created them. What a travesty of constitutionalism.

So, if we might ask, which regulation is supreme in Nigeria? The 1999 structure of the federal republic of Nigeria, or the customs and mores of the constituent elements of the nation? If it’s the structure, underneath what a part of the structure or legal guidelines derived therefrom, was the previous Emir banished from Kano, and different elements of Nigeria to Awe?

But if such an archaic customized is supreme, one can then ask, can a talakawa, depose and exile the supreme chief of the Kano Emirate?

Perhaps our nation is trapped within the net of a feudal democracy? While the facility elites reply trendy titles like governors and presidents, and train powers donated as such by the structure, they’re at hearts, feudalists, and so acts as feudal lords when coping with the electorates, who they deal with as topics.

Could this conflicting mind-set be the rationale why our nation is trapped in an internet of underdevelopment? Could or not it’s why, corruption is so endemic, as public officers see public funds as belonging to the chief government, as a result of he has custody of the funds in belief?

While it’s heartening {that a} federal High Court has granted an interim aid to the Emir, based mostly on which the Governor of Kaduna State, Mallam El Rufai, sprang the Emir out from the unlawful detention, if actually we’re a democratic nation, those that gave the illegal order, and people who obeyed it, must be sanctioned underneath the regulation.

It shouldn’t be glossed over that regardless of the clear provisions of our structure on the freedom of residents, a so referred to as Attorney-General, whether or not of state or federal, and even the president of the nation or the governor of a state can unilaterally with out a court docket order, order the banishment and detention of a citizen, with out penalties.

The provision of sections 35 and 41 are clear, and if an eminent citizen like Sanusi, could be handled with such indignity, it’s higher imagined how the wealthy and mighty deal with the poor and lowly in our society, with out penalties.

Section 35(1) of the 1999 structure says clearly: “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law.”

The circumstance upon which an individual could be disadvantaged of his liberty had been listed in paragraphs a-f. Paragraphs (a) present: “in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty”, (b) “by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law”, and (c) “for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence”

The different three paragraphs offers with a minor who’s apprehended for the aim of his schooling or welfare; an individual affected by infectious illness, individuals of unsound thoughts, drug addicts, or vagrants for the aim of their care or therapy, and lastly, for the aim of stopping illegal entry into Nigeria.

But for any of the aforementioned paragraphs, no individual can lawfully be disadvantaged of his private liberty, because the Kano state authorities and her accomplices did to the previous Emir, earlier than the court docket intervened.

Section 41(1) offers that: “Every citizen of Nigeria is entitled to move freely throughout Nigeria to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.”

Subsection (2) make a variety of exception which under no circumstances could be alluded to the previous Emir, to warrant the archaic, obnoxious and repugnant custom of limiting the motion of a citizen, with out a court docket order, as the federal government did.

If not the state authorities, who gave the executive order that citizen Sanusi must be restricted to Awe, in Nassarawa state?

Are the culprits unaware of part 1(1) of the structure, which offers that: “This structure is supreme and its provisions shall have binding pressure on all authorities and individuals all through the Federal Republic of Nigeria.

”? In sub-section (2) it additional offers: “The federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provision of this constitution.”

Indeed, way back to the 19th century, Chief Justice John Marshall of the United States of America, in Marbury vs Madison (1803) 5 US 137, adumbrated on the supremacy of a written structure, when he stated: “Certainly, all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation….” Nigeria little question, falls throughout the contemplation of the dictum by his Lordship, the Chief Justice of a rustic from which we borrowed our presidential system of presidency.

Here in Nigeria, Justice Nnaemeka-Agu, of the Supreme Court, in Imonikhe vs A. G. Bendel State, held: “A constitution is the organic law, a system or body of fundamental principles according to which a state, or body or organisations is constituted.” Confirming the structure because the summon jus,

Justice Kayode Eso in Kalu vs Odili, additionally held: “It is both a fundamental and elementary principle of our laws that the constitution is the basic law of the land. It is the supreme law and its provisions have binding force on all authorities, institutions and persons throughout the country. All other laws derive their force and authority from the constitution.”

For this column, whereas the circumstance of the deposition of Emir Sanusi, deserves our sympathy, what’s most scary is the capability of a democratically elected authorities, to train the facility of a despotic authorities, by banishing a citizen, with none court docket order. Unless we wean our nation from such flagrant abuse of the summon jus, we are going to by no means change into an egalitarian society.

Muhammadu Sanusi versus the North — who lastly blinks?  That nestles within the womb of time!

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