Dr. Folorunsho Hussein is a renowned private legal practitioner and a law lecturer at the Faculty of Law, University of Ilorin, Nigeria. He bares his mind to our JUDICIARY CORRESPONDENT, KAYODE ADEOTI on the arraignment of Chief Justice of Nigeria (CJN), Walter Onnoghen, the failure of the Federal Government to release Col. Sambo Dasuki and the Leader of Islamic Movement of Nigeria, Ibrahim El-zakzaky. Excerpts:
The botched arraignment of the CJN has continued to generate debates among legal practitioners in the country…
(Cuts in:) It is unfortunate, I’ve asserted and I’m still asserting, 75 per cent problems confronting Nigeria is caused by people of the legal profession, including judges and lawyers. When a case is filed in a court against anybody except those covered by the constitutional immunity; the President, his vice, the governor and his deputy, no other person has immunity in Nigeria against prosecution. When a case is filed against anyone not covered by this immunity, be it rightly or wrongly filed, a competent court of law accept such and it behooves that person to answer the call of that court. If the papers are not well filed, the procedure is that, CJN should go to that court to tell it why it should not proceed with the case not absconding. It is embarrassing when people of the legal profession tells somebody not to go to court in a criminal charge, it is unfair and unreasonable and it is not expected of people of this noble profession. It is very unfortunate that a court established by constitution is being sued and an order is being granted to stop a constitutionally constituted court from discharging its constitutional duties. I’ve never heard of that development and it cannot happen anywhere in the world except in Nigeria. It is quite unfortunate.
On the issue of Col. Sambo Dasuki and El-zakzaky, courts have granted them bail but the executive has refused to set them free, why is their case different?
I agree that the security of this country is very sacrosanct and it should be given preference over the observance of the so called rule of law. That is my take. Somebody that if released will caused chaos, is better kept in prison.
(Cut in…) but their case is different…
Because court has granted leader of Boko Haram bail, so, he should be allowed to go? What is then the deference between leader of Boko Haram and El-zakzaky? They are the same.
Are you then supporting disobedience to court pronouncements?
The Federal Government has reasons for not releasing them. I want us to notice that at the beginning of that case, Amnesty International were making noise about it. They’ve kept quite now, perhaps, they’ve seen reasons why these people should not be released. International Community, United States of America, the self acclaimed Champion of human rights are not making any issue out of it again. Iraq that is supporting El-zakzaky, cannot allow the group to do two per cent of what they’ve done in Nigeria there without been wipped up. The security of this country is of paramount importance, that is why these people have not been allowed to go.
Would it not be appropriate for the present government to avail public with reasons El-zakzaky and Dasuki are still in detention?
No one is demanding the reasons from the government, there are legally backed reasons for their continued detention. Attorney General should be asked to make those reasons available. In fact, he can be dragged to court just to get those reasons but no one has asked, people were just making noise, protesting over the issue.
