Looking at the state of the nation in focus: The Rule of Law and Democracy

Topic Started By: goddy Created: Sep 2nd, 2018, 11:59 am

The federal high court in Abuja on Tuesday restrained any move on removing the senate president from office. It appears to have cleared the apprehension that the security agent would be used to forcefully remove the senate president when the national assembly reconvenes.

Yes indeed, now the ruling of the court will clear apprehension if the court order is going to be respected that is why we will be revisiting the rule of law and democracy and whether it should be subjugated to national security.

The contest couldn’t have been much clearer with the president statement of the opening of annual conference of the Nigerian Bar Association to the effect that rule of law should come secondary where national security comes first.

Joining this conversation to look at some of these issues is the former president of Nigerian Bar Association Chief Joe Okocha who is also a Senior Advocate of Nigeria.

Should the rule of law be subjected to the national security?

No, I (Okocha) beg to disagree with the President Buhari, the rule of law is paramount in any democratic government especially a constitutional democracy which stipulates that government and its agencies must be operated on the basis of law. That is the essence of the rule of law and it is supreme even national security is subject to the rule of law. Nobody can begin to deal with national security without following the processes laid down. Even for declaring war or controlling internal insurgency. The Rule Of Law should always be paramount and I do not think it should be ever be subjected to national security.

Is the Rule of Law absolute?

Yes, it is but the law itself that is the constitution indicates how you can limit certain provisions contained in the constitution and the laws of Nigeria. That is the only way and that is why we say the Rule of Law is absolute and it is supreme.