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Access to Justice Salutes President Umaru Musa Yar’ Adua For Positive Steps Taken To Reaffirm Judicial Authority Over State Agencies And Roll Back Culture Of Impunity

Prior to and during his inauguration as the President of the Federal Republic of Nigeria, Alhaji Umaru Musa Yar’ Adua promised “100 percent commitment to the rule of law” and pledged to respect and abide by court decisions. A number of steps taken by his government are positive in this respect, and give hope that his government can roll back a culture of impunity that characterized the behaviour of state agencies under the erstwhile government.

Some of the President’s actions in this respect are salutary: On Thursday June 14, 2007, when the Supreme Court ordered that Andy Uba should vacate office as Governor of Anambra State and that Peter Obi should be reinstatement immediately to that office, the President directed the Inspector General of Police to ensure immediate implementation of the decision. Also on Tuesday July 24, President Umaru Yar’Adua reportedly directed the immediate release of Lagos state local council funds, which the Obansanjo-led administration had unlawfully withheld despite a December 10, 2004 Supreme Court ruling to the effect that the federal government had no power to withhold the funds.

The President has also directed that the demolition of houses in the federal capital territory (FCT) must, henceforth, be done with due respect to the rule of law. The President in issuing this direction said he would deal with any government official who flouts court orders and insisted that court orders imposing restraints against demolitions must be vacated before the exercise could take place even if the case goes to the Supreme Court.

Access to Justice commends President Umaru Yar’Adua for this principled decision to uphold the authority of the judicial arm, by not only deferring to court judgments and orders but also by according judicial pronouncements their due status in a constitutional democracy. This is a marked departure from the many depressing episodes of Executive disregard for and non-compliance with court orders which, rather unfortunately, characterized President Olusegun Obasanjo’s tenure.

President Umaru Yar’Adua’s example of immediate compliance with judicial pronouncements would, if continued, go a long well to ensure and strengthen the independence and integrity of the judicial arm. This would be in keeping with the United Nations Basic Principles on the Independence of the Judiciary, one of which states,

“The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary”.

We applaud President Umaru Yar’Adua’s respect for judicial authority and urge him to go a step further by establishing a task force that would ascertain other judicial decisions that had hitherto been flouted, disregarded, or ignored by state agencies, particularly the police and directing immediate compliance with such judicial orders. This would boost public confidence in his administration, the integrity of the judicial institution, the prevalence of the rule of law and the consolidation of constitutional democracy in Nigeria.

Signed

For Access to Justice
Joseph Chu’ma Otteh Chinedu Yves Nwagu
Executive Director Programmes Attorney