By Lillian Okenwa and Rahila Dauda
“…In a government of laws, existence of the government will be imperilled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or ill, it teaches the whole people by its example. Crime is contagious. If government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself. It invites anarchy” – US Supreme Court Justice, Louis D Brandeis, 1856-1941, in the OLMSTEAD case, 1928.
The contempt with which Nigeria’s Federal Government treats the courts and judicial officers again came to the fore at the weekend with a former Attorney General of the Federation, Chief Kanu Agabi, SAN restating that the duty of respect for the judiciary is unqualified.
Speaking at a recent public presentation of the book Fundamental Rights (Enforcement Procedure) Rules, 2009: Practice, Forms And Precedents Vol. 1 And 2 by Chief Ogwu James Onoja, SAN, in Abuja, Agabi who noted that “there is little that the nation can do to compensate our judges for their sacrifices”, disclosed that despite being “the pride of the nation”, Nigeria’s judiciary has been hounded and treated with utter disrespect by the government.
Recalling the treatment meted out to the former Chief Justice of Nigeria, Hon. Justice Walter Onnoghen who was brusquely removed from office and the trial of late Hon Justice Sylvester Ngwuta, JSC, Agabi stressed that no judiciary can thrive when continuously badgered by the State.
Commending the book which he described as “very crucial and important as it is part and parcel of the justice sector development”, Justice Onnoghen who also used the occasion to speak about his unjust removal from office stated that: “Nigeria as a democracy was founded on the rule of law, you cannot talk about rule of law without giving regards to the rights and privileges of the citizens… Where there is no means of enforcing these rights there will be anarchy, injustice.”
Representative of the President Court of Appeal (PCA), Hon Justice Steven Jonah Adah, JCA, conveyed the PCA’s appreciation of the publication. “The book is an amazing work and the publishers did well. The rules used to be technical but this book has made it a lot easier. The Court of Appeal is interested in this type of development,” he said.
In the words of the book reviewer, Prof Offornze Dike Amucheazi, SAN, the book analyses and simplifies fundamental issues relating to procedures, proceedings jurisdictions and enforcement of fundamental rights in Nigeria. It is remarkable for its clarity, rigorous analysis and examination of complex issues involved in human rights
According to Amucheazi SAN, “Chief Onoja is a fine legal mind. He has the inestimable advantages of a committed scholar- fine and brilliant legal mind; the facility of language and the ability to raise and explore fundamental issues that other writers fail to consider.
Likewise, the Attorney General of the Federation and Minister of Justice represented by the Solicitor General of the Federation, Dayo Apata SAN said: “The narratives in this book dwell on the core values of fundamental rights as contained in the FREP Rules. It gives an authoritative review of the virtual proceedings.
“It is worthy to mention that this book has shown that it is valuable to the practicing lawyers such as those in the ministry of justice, Justices, the police, the Economic and Financial Crimes Commission, (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and also private lawyers.
“The book chronicled a detailed account of fundamental rights practices and procedures. It will also serve an authoritative guide and its easy review will make it comprehensible to its users. It is an additional knowledge of our rights. I conclude by entrusting the book to fellow citizens as it will go a long way to make out laws accessible. I commend the author for this excellent work and I have no doubt that this book will achieve its aim.”
Chief Judge of the Federal High Court, Hon. Justice John Tsoho in his goodwill message remarked that the area of fundamental rights Enforcement is special as it relates to the rights of the under privileged. His lordship who further stated that the book will serve as an eye opener to the generality of the public added that it will be a worthy guide to enforcement agencies as “most violations come through the agencies.”
Also commending the work, President of the National Industrial Court of Nigeria (NICN), Hon Justice B.B Kanyip, who disclosed that he had previously worked on the Fundamental Rights Enforcement Procedure (FREP) Rules said the Rules apply to the NICN but with some limitations.
Congratulating Onoja on the feat, Chief Adegboyega Awomolo, SAN, remarked thus: “I thought I’m an authority in Fundamental Rights matters but when I got an advance copy of this book, I realised I didn’t know much about the proceedings. The book expanded my knowledge. This book will make our practice better. The book is timely and I just commend the author because the country is going through a state of disregard for the rule of law. May God heal our land.”
Acknowledging that the book came at a very good time in the country, Chief Onoja’s foster father, Engr. Joseph Makoju former Group Managing Director, Dangote Group of companies expressed appreciation to all dignitaries in the legal profession for supporting the author.
Lucius Nwosu, SAN, commended judges that have courageously stood for due process and rule of law in their judgements. Asserting that the book could not have come at a better time, he said: “I know what it means to have a fundamental right abused because of where I live. When I got the invitation to this launch, I was elated. I was elated because this country is eroding the principles of separation of power with the removal of the CJN. We have had constant meetings to check the abuses of the rights of law.
Other dignitaries at the occasion include the governor of Rivers State represented by Attorney General of Rivers State, Prof. Zaccheus Adangor, SAN; several Justices of the Court of Appeal, Federal High Court, FCT High Court and National Industrial Court of Nigeria; Chief Chris Uche, SAN, Mr. Jubril Okutepa, SAN, Vice- Chancellor of Nassarawa State University Keffi represented by the Deputy Vice- Chancellor Administration, Prof I. M. Haruna and many others.
