Rule of Law Vs. “National Security”: The Last Battle Between Democracy & Dictatorship Chidiebere Nwobodo

I read President Buhari’s outrageous cum infamous statement with uttermost chagrin. If I say I was astonished, it will be an understatement. That President Buhari would go to Nigerian Bar Association (NBA) conference, and literally told eminent jurists, SANs and lawyers present to “go to hell” with rule of law, is the insufferable height of impunity and disgusting disdain for democratic ethos and tenets in a democratic dispensation.

Buhari said that rule of law would not be elevated over “national interests” (security). And I ask: who determines what constitutes national interest? Can’t national interests be protected within the ambit of the law? Who arrogated the absolute power of determining “national security” to President Buhari? Has military taken over our democracy in disguise? What is the place of other two arms of government—legislature and judiciary in determining what constitutes “national security”?

Those who tried in vain to exonerate President Buhari from the protracted and unmitigated assaults on Nigerian Judiciary and National Assembly have been busted and disappointed again. With this dictatorial remark, meant to usurp legislative and judicial powers, Nigerians now know better that all the attacks on the institutions of National Assembly and the judiciary have the backing of President Buhari all this while.

It is worthy of note that this latest tyrannical assertion from a supposedly democratically elected president, has the hallmark of the infamous Decree 4, used to stifle the fundamental rights of Nigerians by General Muhammadu Buhari-led military government in 1985. If Buhari is allowed to get away with this latest assault on our constitution and insult on our collective intelligence and rights as Nigerians, we should simply bid goodbye to democracy and embrace full blown dictatorship.

In a failed attempt to justify sheer impunity and crass lawlessness, of which has become the signatures of this despotic regime, President Buhari has reduced our nation’s grandnorm; 1999 Constitution (as amended) to a bunch of worthless bindings of academic exercise, encapsulated in a powerless book. What President Buhari meant, invariably, is that he has the power of life and death. And that he can take anyone, business or organization out of circulation without recourse to the rule of law, using “national interests” as a smokescreen.

If he can incarcerate former National Security Adviser Sambo Dasuki for three consecutive years without trial, even against over six different court orders of competent jurisdiction ordering this man’s bail, just be rest assured that he means “business” and not mincing words. DSS, Police and EFCC have been at the forefront of this “national assignment”, enforcing the so-called national interests above rule of law which birthed this administration in the first place. Can we then blame the trio of Lawal Daura (sacked DG of DSS), Ibrahim Magu of EFCC and and IGP Ibrahim Idris for running amok against the laws of the land because if the head is rotten…? These are people I described in my previous article as tripod of impunity and face of tyranny of this government.

Warning:

This is what will happen if Buhari returns next year: he will ensure that his stooges emerge senate president and speaker of House of Representatives. President Buhari and the cabal will rather see National Assembly “go up in flames and pieces” than watch Senator Bukola Saraki and Hon. Yakubu Dogara return as senate president and speaker, respectively. If National Assembly is “conquered”, the process of erasing whatever that will be left of Nigeria’s democratic principles, as captured by the rule of law will begin in earnest.

 Then, the battle shifts to judiciary. You can recall that it took enormous pressures from Nigerians both home and abroad on the Presidency for the name of current Chief Justice of Nigeria, Justice Walter Onnoghen to be sent to the senate for confirmation, even when National Judicial Council (NJC) had recommended the same man for ratification as the nation’s number one judicial officer. Yet President Buhari refused. It was when he went on medical vacation abroad that then Acting President Osinbajo took it upon himself to forward the name to senate for confirmation.

President Buhari preferred a conservative Muslim northerner, who happens to be following Justice Walter Onnoghen in hierarchy of seniority at the Supreme Court, as CJN. The current CJN Walter Onnoghen will be retiring next two years (2020), when his second-in-command (an alleged Buharist) will takeover as the new Chief Justice of Nigeria. Imagine Nigeria under a President Buhari; having overbearing influence and control on all the three arms of governments of executive, legislature and judiciary. Autocratic regimes of Tayyip Erdogan’s Turkey and Paul Biya’s Cameroon will be child’s play to what will be born as new despotic state of Nigeria if Buhari wins next year’s presidential election. By then, I will not even be on social media to “rant” via my anti-Buhari’s articles, because my fundamental rights of expression would have become threat to “National Security”.