Disobeying Court Order can NEVER be in public interest: How the AGF misapplied the legal principle in Dokubo v. FRN

According to the Punch,  during the ongoing ministerial screening exercise of the newly appointed Ministers by President Buhari at the floor of the Senate, the immediate past Attorney-General of the Federation (AGF), Abubakar Malami (SAN), was asked why he decides to disobey court orders by refusing to see to the release of persons who have been granted bail by courts of competent of jurisdiction. The Learned Senior Advocate was quoted as saying, in his response, as follows:

“I concede that I have a responsibility as AGF to protect individual rights but looking at the provisions of Section 174 of the Constitution, I want to state further that the Office of the AGF is meant to protect public interest and where the individual interests conflicts with the public interest of 180 million Nigerians that are interested in having this country integrated must naturally prevail and I think that position has been stated by the apex Court in the case of Asari Dokubo v. Federal Republic of Nigeria that when an individual interest conflicts with public interest, the public interest will naturally prevail.”

Section 174 of the Constitution

Under Section 174(1) (a)-(c) of the 1999 Constitution (as amended), the AGF is empowered to institute and undertake criminal proceedings against any person before any court of law in Nigeria (except court-martial); to take over and continue any such criminal proceedings; and to discontinue any such criminal proceedings.

Section 174(3) further provided that the AGF shall exercise the above powers having regard to public interest, the interest of justice and the need to prevent abuse of legal process.

The Principle in Asari Dokubo v. Federal Republic of Nigeria**

The famous Alhaji Mujahid Dokubo-Asari, was a one-time leader of the Niger Delta Peoples Salvation Front (NDSF) but now leader, Niger Delta Peoples Volunteer Force (NDPVF). He is also a member, Pro-National Conference Organisation. He and his men, sometime ago, were alleged to have threatened to take-up arms against the Nigerian Government. The Association was said to have also revealed its plan to cause civil disorder that would lead to the overthrow of the Government. Alhaji Dokubo was subsequently arrested by the Police and taken to Court on a five-count charge of conspiracy, treasonable felony, forming, managing and assisting in managing and unlawful society, publishing of false statement, and being a member of an unlawful society. On 6th of October, 2005, Alhaji Dokubo, was arraigned before the Federal High Court, Abuja Division. He pleaded not guilty to all the 5 counts. On the same day, his counsel, Mr. Festus Keyamo SAN, moved his application praying the trial court to admit Alhaji Dokubo to bail. The learned trial Judge refused to grant him bail. Alhaji Dokubo was dissatisfied and appealed to the Court of Appeal which dismissed the appeal. Further dissatisfied, he appealed to Supreme Court. Mr. Keyamo SAN argued on his behalf that the Court of Appeal was wrong when it reached a conclusion that there was acceptable evidence of threat to national security by the Appellant, Alhaji Dokubo; and that assuming (without conceding) that the case filed revealed a strong case of threat to national security on the face of it, that same cannot suspend the right to bail as enshrined in section 35 of the 1999 Constitution.

Read more: https://stephenlegal.ng/disobeying-court-order-can-never-be-in-public-interest-how-the-agf-misapplied-the-legal-principle-in-dokubo-v-frn/