| Rule of law is not
about sentiment
By Sun News Publishing
Wednesday, January 2, 2008
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Supo Osewa
Photo: SunNews Publishing
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Barrister Supo Osewa, a constitutional lawyer, has taken a
critical appraisal of the state of rule of law and due process
in the country, saying that the nation is on track in its
march towards their enthronement.
He explained that rule of law is not about sentiments or emotions
but rather a question of legal reasoning and logic of law.
He spoke about various issues relating to the twin policies
of rule of law and due process of the present administration
and his views on the style of the Attorney General of the
Federation, Michael Andoakaa (SAN).
Andoakaa and the rule of law
Michael Andoakaa is a man of rule of law. He could not do
otherwise since that is what Mr President has made a cardinal
policy of his administration. People, especially, we lawyers,
should try and understand the Attorney General of the Federation
(AGF). What the man is saying is that it is not enough to
call somebody a thief. The question is do we have enough evidence
to proof that the person is actually a thief. That is what
the AGF is telling Nigerians. As lawyers, I think he deserves
our applause. This is because rule of law is the soul of true
democracy and not pseudo-militocracy we have been practicing
since 1999.
The AGF style
Again, I want those who have been criticizing Andoakaa to
remember that he is a Senior Advocate of Nigeria and that
the Nigeria Bar Association (NBA) has fully endorsed his insistence
on due process, which informed his style and approach to issues
pertaining to law and order in the society.
From the facts available to me, I would say that he is in
order. Due process and the rule of law is not a matter of
sentiments or emotions.
It is a question of serious legal reasoning and logic of law.
It is not a question of whether you like somebody’s
face or not. That is why the symbol of justice is balancing
scale with a blindfolded image holding a sword. That is why
we say law is no respecter of persons, but we must follow
the procedure as laid down. For example, the investigative
institutions, such as the police, the Economic and Financial
Crimes Commission (EFCC) the Independent Corrupt Practices
Commission (ICPC) must collate enough material facts capable
of securing conviction before they bring matter to court.
As a lawyer, I will tell you it is not easy to proof criminal
cases, especially those involving financial malpractices.
I want to believe that is why the AGF is insisting on due
process so as not to subject the government and its agencies
into public ridicule and embarrassment.
For example, one of the cases people have been criticizing
Andoakaa for is the James Ibori case. Now, he has been arrested
and charged before a competent court, where he would defend
himself against those allegations.
Nobody would say the AGF has shielded him from arrest and
prosecution.
You will recall that when a questionable order was given purportedly
to prevent the EFCC from moving against Ibori, the AGF joined
the EFCC in a titanic legal battle before the said order was
vacated. Those two brilliant lawyers did the nation proud
by successfully tackle the team of senior advocates assembled
to save the controversial order.
We must join hand to support the AGF and President Yar’Adua
to ensure that the twin policies of due process and rule of
law are firmly entrenched in our system.
The new approach to penal system
Unknown to many, a kind of revolution is taking place now
in our prison system which is a direct fallout of the due
process and rule of law policies.
There is ongoing massive decongestion of prison. I have a
direct interaction with some of the inmates at Ikoyi and Kirikiri
prisons.
You will be shocked to know that police are keeping Nigerian
in prison for six years or more without being able to prosecute
them. And you’ll wonder what magic they will use to
secure conviction against those unfortunate victims in our
past inhuman penal system. What I’m saying in essence
is that several people who are in detention have no reason
to be there if due process had been followed and strictly
adhere to.
Under our law, it is normal and acceptable to free 1000 suspects
than to punish one innocent man unjustly. That is the guilding
principle of our criminal justice system. So, if you don’t
have enough evidence against a person, which could secure
a conviction, you don’t need to bring him to court.
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