INTRODUCTION
This article will aim to light up the dark path of Nigeria polity, why we are where we are and also try to expose the clogs that are fixed into the wheels of our progress.
The essay will reveal how flagrant disregard of role of law, due process and immunity are the real enemies NIGERIA has to battle, to be successful and achieve a status of world economic power. Without over powering these enemies, offspring such as corruption, nepotism, obnoxious policies etc. will continue to be on the rise.
RULE OF LAW, DUE PROCESS AND IMMUNITIES: THE NIGERIA POSITION AND INTERPRETATION.
Rule of law is a principle that law as administered by the ordinary courts is supreme, that all citizens including members of the government are equally subject to it and equally entitled to its protection.
The aforementioned law was propounded by Albert Venn Dicey and theoretically it postulates that:
(1) All Men are equal before the law.
(2) The law is supreme over any Man, Body or Government.
(3) The law should confer benefits such as rights on the subjects
The issue of rule of law and due process has generated more publicity than any other issue in Nigeria especially from 2000 till date.
A glimmer of hope was seen during Late President Umaru Musa Yar’Adua regime, as he promised to enforce rule of law and due process in the nation, although he failed to keep his words when he failed to transmit power to his vice when he was medically ill.
The Nigerian state suffered series of disrespect to the rule of law during Gen. Chief Olusegun Obasanjo second coming. His 8yrs administration from 1999 to 2007 did not only produce a lot of constitutional aberrations and flagrant disregard to the rule of law and due process, it also promotes the rule of force in most cases.
Academically it will be a difficult task to arrive at a definition of the topic under consideration that will be generally acceptable in our dynamic and complex society.
However for the sake of emphasis rule of law may be defined as the supremacy of law over everybody in political system. Rule of law is seen as a provision made by the constitution with emphasis on supremacy of the law, equity of the law and creation of individual rights.
Furthermore it means that the law rules and nothing else, that is, the law is the Alpha and Omega in the society, for peace to reign in the society, there must be enabling laws that guide the conduct of human affairs. Even almighty God made laws to guide him and the entire world. The Bible and the Quran are divine materials which are being used as religious and moral dictates in the society. Absence of law brings about anarchy and disorderliness.
Aristotle in his owns physiological ingenuity submitted that rule of law is better than rule of man; he further added that the only difference between man and animals is the rule of law. Socrates is not left out as he established that life epitomizes the principle of rule of law and every society is governed by rule of law.
It must be noted that rule of law is synonymous with due process. It also connotes following the lay down procedures. It will interest one to know that the rule of law has been obstructed, contaminated and polluted in the Nigeria polity. The major limitation to rule of law in Nigeria is immunity.
Constitutional immunities are lawful exemptions from prosecution in the performance of the duties required by law. Section 3 of the legislative house (power and privileges act) provides that: no civil or criminal proceeding may be instituted against any member of a legislative house;
a) In respects of words spoken before the house or a committee there of or
b) In respects of words written in a reports to that house, or to any committee in petition, billm resolution, motion or question brought or introduced there in.
Cap 208 of the laws of Nigeria dealing with legislative houses powers and privileges act is protected by section 315 of the 1999 Nigeria constitution which deals with the preservation of the laws in existence prior to the promulgation of the 1999 constitution. Furthermore, section 308 of the 1999 constitution deals with what is normally referred to as executive immunity. This provision is not new to the polity, as it has it roots from section 161 of 1963 constitutions and section 267 of 1979 constitution. Although court rooms have deliberated on the sections in OBIH V MBAKWE, the Supreme Court held that the rationale behind the section was to prevent the governor from being inhibited in performance of his duties. Similar decision was made in AG EAST V BRIGGS, in the words of Mustapha JCA in ALAMIEYESEIGHA V CHIEF SATURDAY YIEWA “the immunity conferred on the appellant is to prohibit the issuance of any court process, civil, criminal in any way whatsoever against the appellant, while he act in office......the intent of the section............ is to bar any proceedings, civil or criminal which will have effects of interfering with the running of the office......”
The court of appeal established the following principles:
1) That what section 308 provides favour the person enumerated in section 3 thereof so long as he holds the office stipulated has an immunity from arrest or imprisonment during that period either pursuance of the process or any court or otherwise or the application for an issue of............
2) The court referred to EMPSON V SMITH and maintained that immunity granted terminates when the person who enjoys the immunity loses the office by which he enjoys immunity. Thus the constitutional provisions concerned could be classified as procedural making the immunity merely inchoate or in suspense during the beneficiary incumbency in office.
Any waiver of immunity by the person holding the office is ineffective as the immunity is not that of the person but of the particular state or office which he represents. The above limitations are a rape on the doctrine of equality as well as the principle of rule of law at large. The grievous and blatant abuse of law therefore continued unabated in Nigeria.
However, for Nigeria to witness a speedy and accelerated progress in the nation’s polity, the basic principles of the rule must not just be preached but must be practiced by even the high and mighty in the polity.
Independence of the judiciary is essential and vital as it is an ingredient for national growth. A decent and practical separation of power another required elements, as well as elimination of immunity clause which will aid enhancement of rule of law.
The limitations of the rule of law and due process in Nigeria are the required fertilizers or to say they are incubators of bribery and corruption, nepotism and other related abuse of power, as the courts that are supposed to adjudicate on behalf of the masses continued to disperse judgements slowly. The record of political killings is on the increase as some persons can’t be arrested investigated and prosecuted due to their immune status to the law, or let’s say they are above the law.
Conclusively, if elimination of immunity is being considered, bribery and corruption, nepotism and so many political vices will reduce drastically and only then can our dear nation Nigeria, assume her rightful place as the giant of Africa and will be a reference point to the entire continent and the world at large.
MICHEAL OLUWAFEMI OMISORE
EX LASUSU PRESIDENT AND FOUNDER PROGRESSIVE ACADEMY
