Biafra/kanu: Unn Lawyer Blasts Buhari; calls

Barely 24 hours after writing to the NBA National President over President Buhari’s continuous defiance of the Order of the Federal High Court for the UNCONDITIONAL release of the IPOB Leader, Nnamdi Kanu, an-Abuja based Lawyer has finally written the President an open Letter accusing the president of being an anarchist and terminator of democracy. Tutoring the President on the fundamentals of Constitutionalism, the Lawyer informed the President that:

“my knowledge of our laws was rudely shaken by the strange position you chose to adopt on this matter which is not only diametrically-opposed to established democratic norms but also kilometers and kilometers away from our laws and practice especially on which institution of the State has the competence to either grant or refuse bail or to pronounce the guilt or innocence of an alleged offence, no matter how seemingly heinous.”

He regretted that Mr. President’s position “represents an unfortunate departure from all democratic ideals, invitation to anarchy and disorder, resurrection of tyranny, and more seriously, contempt of the Court and the very Constitution on which the Temple of justice stands.”
Tutoring the President on Supremacy of the Constitution, the Lawyer, citing the Supreme Court case of AG, ABIA VS. AGF, reasoned that:

“The Constitution of a nation, is the fons et origo, not only of the jurisprudence but also of the legal system. In Greek language, it is the alpha and the omega. It is the barometer with which all statutes are measured. In line with this kingly position of the Constitution, all the three arms of Government are slaves of the Constitution, not in the sense of undergoing servitude or bondage, but in the sense of total obeisance and loyalty to it. This is in recognition of the supremacy of the Constitution over and above every statute… All the three arms of Government must dance to the music and chorus that the Constitution beats and sings, whether the melody sound good or bad.”

Citing Section 287(3) of the Constitution, the Lawyer argued that the said section imposes a standing duty on the President to enforce all Orders of the Federal High Court notwithstanding his personal opinion or reservations.

“Your Excellency, it bears no repetition that the discernible Constitutional duty that has crystallized on your shoulders as eventuating from the above provision is to ENFORCE the decisions of the Federal High Court such as the one made by My Lord Justice Ademola J. on the 17th December, 2015, your personal opinion and reservations notwithstanding.”

He reminded the President of the consequences of disobeying Court orders:

“Your Excellency, it is when you have failed in this Constitutional duty of ENFORCING the decisions of our Courts, as you have openly failed in this instance, that one is said to have committed the ‘contempt of Court’ which is a grave offence that is not taken lightly in every serious democracy as it has the dangerous potency of derailing the democracy of the entire Republic.”

Quoting from the Supreme Court case of Hart v. Hart (1991) 21 N.S.C.C. (Pt. 1) 184, the Lawyer painted a grim picture of the consequences of disobeying Court order:

“Obedience to every Order of Court is therefore a duty which every citizen who believes in peace and stability of the Nigerian State owes to the nation. To allow Court orders to be disobeyed would be to tread the road toward anarchy. If orders of the Court can be treated with disrespect, the whole administration of justice is brought into scorn…If the remedies that the Court grants to correct wrongs can be ignored, then, there will be nothing left for each person but to take the law into his own hands. Loss of respect for the Court will quickly result in the destruction of our society.”

Labeling the President a contemnor, he was unsparing and brunt in telling the President that:

“your continuous detention of Citizen Mazi Nnamdi Kanu, despite a subsisting Order of Court to the contrary, has satisfied all the ingredients of the definition ascribed to a contemnor who our Supreme Court adjudges to be an anarchist, terminator of democracy and enemy of order, peace and stability of Nigeria. Indeed, this is a shameful toga that is most unworthy of any occupant of the number one office in our Republic

In ending his Letter, the Lawyer expressed his support for the ongoing fight against corruption:

“may I extol your determination to decisively stamp out this excruciating scourge of corruption which has left our economy in tatters and has almost hobbled our collective dreams as a nation. Section 15 (5) of our Constitution mandates you to so do and additionally, our Supreme Court has equally strengthened your resolve by its testimonial decision in the case of [b]Attorney-General of Ondo v. Attorney-General of the Federation. On this score, Sir, I am standing on the same pedestal with you and swim in the same water.”

He was however quick to voice his concerns:

“However, what I am not at peace with is your unconstitutional method since we cannot (and it is even illegal to) fight impunity with impunity. At all times, our Constitution must remain inviolable since no amount of ‘good intention’ can furnish a justification for its abuse”

He has some advice to the President:

“Sir, you may need to keep in view the seasoned advice of a Learned Hand which is that “If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice.”

Source – OdogwuBlog