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Socio-Economic Rights and Accountability Project (SERAP) has petitioned
Mr. Diego García-Sayán, UN Special Rapporteur on the independence of
judges and lawyers requesting him to use his good offices to “prevail on
the government of President Muhammadu Buhari to end persistent
disobedience of court rulings and orders and uphold the Nigerian
Constitution 1999 (as amended) and the country’s international obligations
on protection of the independence and integrity of the judiciary.”
The organization said, “Selective enforcement of court orders if not
urgently addressed would ultimately put the rule of law in Nigeria under
siege.”
In the petition dated 11 May 2018 and signed by SERAP deputy director
Timothy Adewale the organization said, “Persistent and apparently
deliberate disobedience of court rulings by the Nigerian authorities is an
affront to the supremacy of the Constitution and the independence of the
judiciary and if not urgently addressed may lead to self-help and
undermine the authorities’ oft-expressed commitment to fight corruption.
Protecting judicial independence is an obligation to be guaranteed and not
a privilege that States may grant.”
The organization also said: “Disobedience of court rulings also directly
violates the fundamental principles of the rule of law and separation of
powers. We urge you to publicly condemn disobedience of court orders by
the Nigerian authorities and prevail on them to refrain from any threats
or interference that may hamper court’s independence as the supreme
guardian of the country’s constitution and laws.”
The petition reads in part: “Disobedience of court orders is a serious
threat to the independence and integrity of the judiciary and would
undermine the crucial role of the judiciary in combating corruption and
obstruct access to justice, contrary to international standards, including
Article 11 of the UN Convention against Corruption to which Nigeria is a
state party.”
“SERAP also notes Principles 2 and 4 of the UN Basic Principles on the
Independence of the Judiciary mention the requirement of non-interference
to guarantee the independence of the judiciary. Such lack of interference
implies that no authority, private group or individual may interfere in
judicial decisions; they must respect and abide by the decisions of the
judiciary.”
“Nigerian authorities have disobeyed court orders in several cases
including those involving the Islamic Movement of Nigeria Leader Sheikh
Ibrahim El-Zakzaky and his wife, the former National Security Adviser,
Col. Sambo Dasuki (rtd), and SERAP. Many state governments in Nigeria also
continue to flagrantly disobey court orders with almost complete
impunity.”
“Other court orders that the government continue to disobey include: the
ECOWAS court judgment ordering the Nigerian authorities to provide free
and quality education to all Nigerian children without discrimination; the
rulings by Nigerian courts ordering the authorities to establish education
banks to assist poor students to obtain loans to pursue tertiary education
and the restoration of people’s bank to give loans without collaterals to
underprivileged citizens.”
“At least two of the court rulings SERAP recently obtained from the
Federal High Court have been disobeyed by the Nigerian authorities. The
first involves a case with suit number FHC/IKJ/CS/248/2011 delivered in
March 2016 where Justice Mohammed Idris ordered the Federal Government of
Nigeria to widely publish details on the spending of recovered stolen
funds by successive governments since the return of democracy in 1999.”
“The details ordered to be published by the court include: (a) Detailed
information on the total amount of recovered stolen public assets that
have so far been recovered by Nigeria (b) The amount that has been spent
from the recovered stolen public assets and the objects of such spending
(c) Details of projects on which recovered stolen public assets were
spent.”
“The second court judgment involves a case with suit number
FHC/CS/964/2016 delivered in July 2017 where Justice Hadiza Rabiu Shagari
ordered the government to tell Nigerians the circumstances under which
allegedly recovered stolen assets were recovered, as well as the exact
amount of funds recovered from each public official. However, the Nigerian
authorities would seem to have only partially obeyed the court orders in
this case. The authorities are not known to have appealed any of these
court judgments and rulings.”
“Under both the Nigerian Constitution and international human rights
treaties to which Nigeria is a state party including the International
Covenant on Civil and Political Rights everyone is entitled to the right
to an effective remedy, and to seek justice in courts in cases of
violations of human rights.”