Since the JUSUN strike,
I have practically kept mum, and not openly aired my view about the
justification or otherwise of it. This is because financial autonomy is indeed
a thing of concern and any person concerned about the well-being of the
judiciary should support anything that will give them the needed support to achieve
it. While lawyers continue to feel the pain of days and weeks of stoppage to
litigation, some continue to remain resolute believing that the strike is for
the greater good.
However, events of the
past days have left us with cases of breach of the rule of law. The president and
those close to him have failed to understand the importance of the fundamental
human rights of the Nigerian citizens and the need to protect and promote them.
The government have over the years made utterances that prove that the
president either do not understand the workings of the rule of law, or that, he
does, but he has deliberately decided to violate the extant provisions of the Constitution.
Before the whole legal community, the president was seen saying that National
security takes preference over the rule of law; or put another way, the rule of
law can be suspended for National security. This unguided utterance has been accompanied
with other cases of irregularities, rigmaroles, analogies, and actions that contravene
the principal dogmata that guide the rule of law and the Constitution of
Nigeria.
As if the last straw
has broken the Carmel’s back, the president ordered the suspension of Twitter
in Nigeria, and went further to authorize Telecoms giants in Nigeria to block
access to the social media platform. While this is yet to be addressed, our darling
Attorney General of Nigeria, Malami, SAN, who should better understand the
workings of the law, went ahead to authorize the prosecutions of Nigerians
perceived to have violated the government’s order not to use Twitter. This is unconstitutional
as it violates Section 36 (12) of the 1999 Constitution as amended. But I won’t
dwell so much on the unprofessionalism of the Minister of Justice or the
unconstitutional approach of the president, my focus will rather be that: In
the midst of all these, can the average Nigerian enforce his or her rights to
seek redress while JUSUN remains on strike?
It is clear that Human
Rights enforcement matters are not time bound, that is, they are not affected
by the statute of limitation – it is also a fundamental principle of law that
JUSTICE DELAYED is JUSTICE DENIED. People who may be arrested arbitrarily by
the government for failing to obey the draconian Federal Government’s directive
or order will find it difficult seeking redress to enforce such arrest because the
court remains on strike.
For this purpose, it is
only wise and necessary that JUSUN, taking into considerations all the
happenings in the nation, call off this strike to enable citizens to seek
redress in court when their rights are violated. JUSUN must understand that
their strike at this point will only help the government to enforce their
illegality still, against the common man. Right now, citizens, Telecoms giants,
and other business entities are faced with a situation where their rights can
be violated without instant remedies via means of injunction and so on. Therefore
this is a call to JUSUN to suspend this strike at this critical point for the
sake of the rule of law and respect for human rights enforcement.
Alternatively, JUSUN
should pick a strategic period for their protest. (e.g., after the general
election). During this period, government will be pushed to listen because pressure
will be mounted on the ruling party and the political gladiators who are
willing to challenge the outcome of the election in court and vice versa, that
is to say, where the ruling party looses as well. JUSUN can also pick any other
time, but definitely not now. It is much ado about the JUSUN strike and it is
wise they stop it now. Ordinary Nigerians need the court now, and not the
Government.
Ebi Robert