By Desire Emmanuel
Former Governor of Edo State and former Chairman of the Nigerian Law Reform Commission, Professor Oserheimen Osunbor, on Thursday gave a scathing assessment of the state of the rule of law in Nigeria, warning that the fundamental principle exists only on paper under the current political dispensation.
Delivering the keynote address at a Colloquium held to mark the 90th birthday of former Chancellor of the African Church, Chief Oladipo Jimilehin, at the Nigerian Institute of International Affairs (NIIA) in Lagos, Osunbor asserted that the leadership of all three arms of government has demonstrated a flagrant disregard for the constitution, which he said was a marked departure from Nigeria’s legal history.
The colloquium, with the theme: “The Rule of Law In Contemporary Nigeria: An In-depth Analysis”, saw Professor Osunbor describing the rule of law as the foundation of every democratic society, but emphasised that it is “preferable to the rule of man.”
Professor Osunbor located the constitutional bedrock of the rule of law in Section 1 of the 1999 Constitution, which establishes the constitution’s supremacy and binding force on all authorities and persons.
The former governor reiterated the constitutional allocation of governmental powers among the three distinct arms; the Legislature (s.4), the Executive (s.5), and the Judiciary (s.6), pointing out the principle of separation of powers.
Hee warned that concentrating powers in one person or authority breeds tyranny and conflicts with the tenets of democracy.
He said: “All persons are equal and must obey court orders, notably established in Military Governor of Lagos State v Ojukwu (1986), where the Supreme Court criticised the government’s use of self-help and force.
“Government officials are accountable for their actions. Laws must be applied fairly, ensuring justice is accessible, timely, and impartial.
“Division of powers among government arms is to prevent abuse, as decided in Att-Gen. Of Abia State v Att-Gen. of the Federation [2002].
“Laws must be clear, stable, and predictable, ensuring government acts within legal authority, as seen in Shugaba Darman v Minister of Internal Affairs [1981].”
Professor Osunbor lamented that the current political leadership is exhibiting a flagrant disregard that has assumed a sickening and disturbing dimension for the rule of law.
He accused the National Assembly of ceding its independence and becoming a “mere rubber-stamp that approves every request submitted to it by the president without legislative scrutiny.”
The former governor recalled past instances where the National Assembly asserted its independence, such as overriding presidential vetoes under Olusegun Obasanjo, and contrasted it with the present.
Professor Osunbor pointed to instances of embarrassing sundry anomalies, including the confirmation of an alleged certificate forger as a minister and the country running two budgets simultaneously.
He particularly condemned legislators who abandoned the mandates given to them by their constituents and now proudly proclaim they stand on the president’s mandate.
Osunbor described the legislature’s confirmation of a State of Emergency in Rivers State, including the suspension of a democratically elected governor, by a voice vote rather than a vote count, as a disturbing betrayal of the rule of law.
He argued that this act violates Section 11(4) of the constitution, which expressly precludes the National Assembly from removing a state governor or deputy governor from office.
Professor Osunbor branded the suspension of the democratically elected Governor of Rivers State, Sim Fubara, under the guise of a State of Emergency as the “most egregious violation of the constitution.”
Turning to the executive arm, Professor Osunbor asserted that the primary purpose of government, security and welfare of the people as enshrined in Section 14(1)(b), has been jettisoned in favour of taxation.
He argued that the worsening insecurity and the taxing of citizens into extreme poverty violate this constitutional obligation.
The former governor criticised President Tinubu’s appointment strategy, describing the concentration of key financial and resource-management positions among the president’s tribesmen as a deliberate action to subvert Section 14(3) of the constitution.
“That section makes it mandatory to reflect the Federal Character of Nigeria in appointments to promote national unity and prevent the predominance of persons from a few sectional groups,” he said.
The former Law Reform Commission chairman expressed his disappointment with the judiciary, an arm once lauded for its firm defence of the rule of law, even against military dictatorships.
He recalled that under the current president’s tenure as Lagos State Governor, the Supreme Court swiftly heard and delivered judgments against the Federal Government in defence of the rule of law.
“Sadly, that is not the case anymore,” he lamented, pointing out that the action instituted by the PDP Governors in the Supreme Court to challenge the clearly unlawful suspension of the Rivers State Governor has been stalled.
“The six-month suspension period has since run out without a judgment on the legality of the action, suggesting a reluctance that threatens the very existence of the rule of law,” he stated.
