The nation, it seems, is not prepared for democratic rule. It is like some citizens are so used to military dictatorship of the past to the extent that most are pro-dictatoship in outlook. Sadly, nothing has been learnt since the return to democratic rule some twenty years ago. Listening to a radio call-in programme i was taken aback when some callers called in to say the continuing detention of Sowore is in order. Some said he should not be released till he learns his lesson. Some opined that he couldn't call for a revolutionary overthrow (purportedly) of the Buhari government and expect to be released.
In all these the callers discounted the fact that a court of competent jurisdiction had set and accepted Sowore's bail conditions and application respectively. By the way, the bail conditions are one of the most stringent in memory. Unfortunately, this line of reasoning is behind some people's acceptance of the non release of Nigeria’s former national security adviser, Sambo Dasuki, and Shiite leader, Ibrahim el-Zakzaky. Even after several court orders ordered for their release, both are still languishing in detention and would continue to be into the foreseeable future (the way things are going).
Some people can't get their heads round the fact democracy is not only about civilian rule but the rule of law and the principle of separation of powers. If the government goes to the court and the decision goes against it, the right thing to do is to abide by the decision. The government can't pick and choose which court orders and decisions to obey. A government that cherry pick court orders sets a dangerous path for the polity. The consequences are dire. Not least that citizens can start resorting to self help if the perception is that government would not obey valid court orders.
The SSS even have the nerve and temerity to shoot at protesters seeking to execute a court sanctioned directive. The agency should be told, in no uncertain terms, that they are not a law unto themselves.
It is instructive to note that Mr Sowore met all bail conditions on November 6 and a federal judge signed warrant for his immediate release from the SSS custody, where he had been held since August 5. Initially the SSS said it had not received any court order to effect that Sowore should be released on bail. Later, it said no one had come to take Sowore home. Later still, the agency said Sowore's lawyers have not been seen by the agency. The latest statement from the SSS Wednesday afternoon said it refused to release Omoyele Sowore because the “appropriate persons” have not turned up to pick him up at its headquarters. Appropriate persons being the sureties. At each point, the agency's lie was laid bare by those concerned. It is obvious the agency is foot dragging since there is no extant law that says it must release anyone to a "surety" much less an adult.
The agency is a creature of the law and therefore should not be seen acting ultra vires. In saner climes, the president would be facing impeachment proceedings due to his inability, nay reluctance, to call this government agency to order. No body or agency of government is above the law of the land.
Pretending to know the law, or having an idea of what the law should do, would only lead the Executive down the ignominious road to dictatorship. The civil societies and human rights organizations should rise up to the challenge by calling out the government.
The grundnorm, the constitution, espouse a distinct policy of separation of powers in government. The Legislators to make laws, the Judiciary to interpret laws, and the Executive to execute and carry out laws. Any interference of the duties and responsibilities of these arms will only lead to anarchy.
The ignorant citizens would do well to know that no matter anyone's idea, love for the president, political affiliation, tendencies, etc., the constitution is supreme in a democracy.
