Grave implication of outright violation of rule of law by constituted authority

By: Oluchi Vivian Uche, Esq

 

INTRODUCTION

Rule of Law can only be achieved if a law is allowed to preside over the people generally, irrespective of age, sex, religion, tribe, and class.
The very sole purpose of enacting laws in any society, aside from guiding against anarchy, is to establish principles that ensure social stability and facilitate equal treatment of all beings.
It suffices to say that, no one is expected to be or perceived to be above the laws of the land and when that is achieved, equality before the law is said to be operational and the Rule of Law subsequently hallowed.

RULE OF LAW

Several Scholars in their wisdom have given an x-ray of what they understood to be the true purport of the Rule of Law. Amongst the scholars, is Albert Venn Dicey, a British Jurist, who, further popularized the Rule of Law in the 19th Century, in his scholarly work titled ‘ Introduction to the study of the law of the Constitution’ of 1885, says that rule of law has three elements that fit its description:

1. That no man ought to suffer or get inflicted pain in body or by his own property, except by breach of law established in a legally acceptable form and before the ordinary courts within that land.

2. That no man is above the law and all men are subject to the ordinary law of the realm and amenable to the jurisdiction of ordinary tribunals. Here, he tends to suggest that people in power ought to act within the guidelines do the existing laws and not make arbitrary decisions not intended by their subjects. Therefore, constraining themselves into what is procedure legal.

3. That the arsenal rules and principles of constitutionalism are there as a result of judicial decisions affecting the rights and fundamental freedoms of private citizens before the court and that these principles of the constitution have been envisaged under the fundamental rights and freedoms.

LIMITATION PLACED BY THE INVENT OF THE RULE OF LAW

 

The Rule of Law limits the powers of Government and restrain them from acting arbitrarily by putting in place established laws that are aimed at preventing rascality and outright disrespect to laid down rules guiding how a country should be governed.

The invention of Rule of Law was geared towards preventing dictatorship and protect the human race from injustice and infringement on their basic fundamental rights.

According to John Locke, ‘’freedom in society means, being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions upon liberty.”

IMPLICATION OF FRAGRANT DISOBEDIENCE TO THE RULE OF LAW BY CONSTITUTED AUTHORITY.

Those in the authority are the mirror through which the international community perceives us as a country. Hence, they are elected by the people to represent their interest locally and globally.
When these same custodians of our hallowed laws are the very same people not abiding by the laws as enacted by them, it only shows how much of a joke of a country, we are. This will not only pass off the country as irresponsible but will further jeopardize its citizenry’s relationship interstate.

Typical example, is when a Security Agency in line with Section 293 of the Administration of Criminal Justice Act, 2015, runs to court, to obtain a remand order to further detain a suspect beyond the Constitutional time limit and same order is graciously granted by court, it beats my imagination when the same court, orders the same institution to release forthwith, same suspect and the institution will outrightly refuse to do so.

Nothing is even more agonizing than to see the supposed custodians of our laws, being the murderers of the same.

The grave implication is that, this singular act amongst others, does not only put us out in bad light before the international community but further triggers its citizenries to lose faith in the judiciary and further resort to self-help.

May we not get to a point where we lose faith in our country and resort to self-help, cos there are dare consequences and the law will not spare you. So, help us, God.

 

CONCLUSION

The emergence of the Constitution in every Democratic State can only be fully and effectively implemented when the contents of the Constitution are obeyed wholly by all sundry and without any exception.

Every Democratic society is duty-bound to see to it that Rule of Law is enacted and subsequently obeyed by all Arms of Government, inclusive lawmakers, and its citizenries. Where anyone is found wanting, adequate sanctions are put in place for checkmate and restitution.

Rule of Law simply implies that everyone is subject to the laid down laws of the land. That is what truly distinguishes the Democratic system of government from a Military Rule, where the rulers are held above the law.

Our Rule of Law is heading for extinction if drastic measures are not put in place forthwith to restore law and order.
Do not feign not to be bothered, we all are in this together and all hands must be on deck towards achieving this unified interest.

Oluchi Vivian Uche, Esq.