Inauguration: Make every day of your second-term ‘a Rule of Law Day’, SERAP tells Buhari

Socio-Economic Rights and Accountability Project (SERAP) has
sent an open letter to President Muhammadu Buhari ahead of his
inauguration for second term in office, urging him to “publicly
commit to making every day of your stay in Aso Rock a ‘Rule of Law’
Day, including by ensuring that every segment of your government’s
daily operations is lawful and rule-of-law compliant, for the sake
of fairness, justice, your legacy, and the success of your
anti-corruption agenda, which has remained stuck in limbo.”

The organization expressed: “serious concerns that the results
of the ‘rule of law MOT’ in the past four years are uniquely
damaging to your government’s fight against corruption and to the
country.”

In a letter dated 29 May 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Making a
public commitment to dedicate every day of your second term as a
‘Rule of Law’ day will help to ensure that decisions of our courts
are fully obeyed, refocus, improve and reinforce the
anti-corruption agenda. It will also serve as a reminder that no
one has immunity from the law, not even the government.”

The organization said: “The deficits in the rule of law have
been particularly notable in three areas: failure to obey decisions
of Nigerian courts, failure to push for transparency in asset
declarations by high-ranking public officials and failure to push
for unexplained wealth orders against former presidents and former
governors and other senior public officials suspected of living on
proceeds of corruption and ‘dirty money’.”

The letter read in part: “We urge you to use the opportunity of
your second term to begin to implement your oft-expressed
commitment to the rule of law by immediately obeying decisions of
Nigerian courts, promoting transparency in asset declarations by
publishing widely details of your assets declaration, encouraging
Vice-President Professor Yemi Osinbajo to do the same, and
instructing all your ministers to publish their asset
declarations.”

“We also urge you to immediately instruct your next Attorney
General of the Federation and Minister of Justice to pursue
unexplained wealth court orders against all former presidents (and
their estates), former governors, former presidents of the Senate
and former speakers of the House of Representatives aimed at
forcing those of them suspected of living on proceeds of corruption
and ‘dirty money’ to reveal sources of their fortune or risk
forfeiting it.”

“Nigeria’s democracy ought to have as its foundation respect for
human rights and the rule of law. Treating the decisions of
Nigerian courts as not binding is antithetical to any contemporary
notion of the rule of law and democracy, and clearly
counter-productive to the fight against corruption.”

“Ignoring or refusing to obey decisions of our courts is
implicitly rendering the judiciary powerless to enforce
constitutional and legal rights, violating separation of powers,
undermining the rule of law, and ultimately, raising serious
question marks on the government’s commitment to fight grand
corruption.”

“Democracy is an inherent element of the rule of law, and
obeying decisions of the courts, pushing for transparency of
high-ranking government officials and going after former senior
officials suspected of living on proceeds of corruption and ‘dirty
money’ are closely connected with the existence and consolidation
of democracy, good governance and development.”

“Persistent disobedience of decisions of our courts by the
government has opened the way for many state governors to do the
same within their states including by using anti-media laws to
suppress the civic space, target journalists and human rights
defenders, grant to themselves pensions for life and commit grand
corruption and other appalling atrocities.”

“High-profile judgments your government is refusing to obey
include at least two judgments obtained by SERAP. The first is the
judgment by Justice Hadiza Rabiu Shagari ordering the government to
tell Nigerians about the stolen asset it allegedly recovered, with
details of the amounts recovered. The second judgment, by Justice
Mohammed Idris, ordered the government to publish details on the
spending of stolen funds recovered by successive governments since
the return of democracy in 1999.”

“Another court order that is yet to be complied with is the
order for the release of Islamic Movement of Nigeria leader, Sheikh
Ibrahim El-Zakzaky and his wife, Zeenah, from unlawful detention,
obtained by human rights lawyer and Senior Advocate of Nigeria,
Femi Falana.”

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