A group of Senior Advocates of Nigeria (SANs) under the aegis of the Justice Reform Project (JRP), says the decision of the Attorney General of the Federation, Abubakar Malami to pick and choose which court orders to obey may put Nigerians at risk of arbitrary power.
In a statement by its convener Charles Adeyemi Candide-Johnson (SAN), JRP warned that if Malami, or any group of ministers for that matter, can secretly determine what is in the public interest and enforce such assumed public interest by defying due and legal process, then every single Nigerian is at risk of arbitrary power.
While reiterating that Malami’s powers are circumscribed by the constitution, and he cannot depart from it under any guise, the group urged him to ensure that the Buhari administration makes the obedience of court orders its watchword.
JRP recalling Malami’s response to a question as to why the government flouts some court orders, noted that the AGF said they were disobeyed in public interest, adding that it was his duty to protect the overall rights of Nigerians which he claims overrides the need to respect individual liberties.
But JRP said: “Mr Malami is wrong. It is not the right or power of the Attorney-General to determine legal rights and to pick and choose which he will respect or not. To assert such a right or power threatens the very constitution and the rule of law.
“If an individual or a group breaks the law or threatens national security or public order, it is the duty of the Attorney-General to build a compelling case and then present it to the constitutional adjudicator.
“This official cannot be accuser, prosecutor and then judge at the same time.
“If any single minister or group of ministers can secretly determine what is in the public interest and enforce such assumed public interest by defying due and legal process, then every single Nigerian is at risk of arbitrary power.
“If any minister can determine that he can abuse or discard court process, even after himself invoking the power of the courts, then he can abort every other constitutional guarantee in turn.
“JRP, therefore, considers it expedient to state that no matter the apparent flaws in our judicial system, it remains the bastion of our democracy that all court orders must be respected by every Nigerian citizen.”
The SANs emphasised that no person or authority is superior to the constitution and therefore Malami should not undermine the sanctity of court orders.