As Nigeria yesterday celebrated its return to Democracy, for the first time on June 12 rather than May 29, senior legal practitioners have assessed Nigeria’s situation since the return to democracy 21 years ago and called for the liberation of the judiciary, insisting that the rule of law is currently on its knees in the country.
The lawyers, comprising of Senior Advocates of Nigeria, in separate interviews with journalists, maintained that the country was yet to adopt or practice true constitutional democracy.
One of the SANs went further to suggest a return to a modified parliamentary system as a way forward, insisting that it will serve better in terms of development and Rule of law.
While appraising the country’s democratic journey so far vis-a-vis how the judiciary has fared, Mr Ahmed Raji, said: “It is a process which no doubt is the longest in our history going by the experience of the first and second Republics.
“The presidential system which we claim to practice has come with a baggage of impunity which impacts negatively on infrastructural development and Rule of Law.
“Without any hesitation, a return to a modified parliamentary system will serve us better in terms of development and Rule of law.
“Under the present system, the Executive and most especially the Governors have become demigods who don’t feel accountable to any authority unlike parliamentary system.
“The Legislature are nothing but glorified rubber stamps always looking for a piece of the cake all to the detriment of development and rule of law.
“A deadlier blow is what will appear to be a grand conspiracy to cripple the Judiciary to the detriment of Rule of law.
“Democracy is good but with the right vehicle having regards to the environment. In our climate and having regards to our experiences, presidential system is not it”.
For constitutional lawyer and human rights activist, Mr Mike Ozekhome, rule of law is trampled upon in the country because the masses have failed to hold their elected leaders accountable.
Ozekhome said he was worried over the way impunity and poverty have continued to flourish under the present democratic dispensation.
He alleged that the Executive deliberately used intimidation and harassment to cow the masses and judges.
He said: “As Nigeria marks another democracy day. I will say that we have never had it this rough. That is not to say that there is no hope or light at the end of the tunnel.
“The biggest problem Nigeria has faced in the past five years is that of poor leadership, particularly at the highest Executive level where the government has failed all its promises to the Nigerian citizenry.
“Followed by the twin problems of the civil society, that is the people themselves, not challenging the government, not holding them accountable. This is because everyone is afraid, intimidated and subjugated. That is a big challenge.
You see in America, where up to today, people are marching and protesting in the major cities, just because of the killing of one man. They defied the government and Trump by coming out.
“This clearly shows people’s right to demonstrate. In some instances, you could see police and other security men joining, some knelt down, in recognition of that right. You see at once a society that is enlightened and that can speak truth to power.
“See the journalists challenging the President to his face, asking him direct questions. But here what do we have? Such a journalist will be bundled out or probably end up in jail.
“Human rights record of this government has been abnormally poor. It has failed to provide the people with security and welfare. Section 4 of the constitution is very clear that security is the primary purpose of government. But the insecurity level in Nigeria today is very alarming.
“Killings by Boko Haram, herdsmen and bandits are on the increase daily. People cannot travel freely without fear. The Almajiri problem is there, increased pauperization of the masses, police and military brutality. Yet the government has shown great insensitivity to the plight of the people.
“It is a government that believes that its order is superior to court order. Nigerians never had it so bad.
“In spite of all these, the government keeps borrowing huge sums of money, devaluing the Naira, removing petroleum subsidy and completely mortgaging the future of Nigerian generations unborn.
“The government promised to create jobs, but instead people are speedily losing their jobs. Poverty is so on the rise that Nigeria has been declared the poverty capital of the world, overtaking India. In terms of corruption, it has been on the increase. The country is one of the most corrupt countries in the world, 2nd in West Africa and in the top 10 in Africa.
“Journalists have been arrested and detained with constant clamp down of the social media. People are afraid to speak out. People are sleep-walking, the government appears clueless, rudderless and out of ideas. The only idea is how to borrow and borrow money from China that is gradually taking over the Nigerian economy.
“The judiciary has tried to do its best. But after the unlawful arrest of some judges, some of them are now being too careful and it is reflecting in the judgements.
“The 9th National Assembly, in the name of cooperating with the government, has continued to fail to interrogate requests that are brought before them before they quickly give approvals.
“The 8th Assembly was not challenging the government, but making it accountable to the people. We are now in a situation where the Executive is in charge of everything.
Mr Yunuz Uztaz, said there was need for the government to pay closer attention to the issue of poverty alleviation.
For him, the President Muhammadu Buhari-led administration has performed well despite myriads of challenges the nation is facing.
He said: “Our democratic journey so far has not really been a bad one. We have made progress in so any aspects notwithstanding the numerous challenges. Take the issue of security for instance; I don’t believe that Buhari has done badly.
“At least Boko Haram has been contained to a large extent. The issue of security in the country is very important, it should be taken seriously.
“Of all the three arms of the government, the judiciary has performed far better. The judiciary has always tried its best even under very challenging circumstances. We owe the judiciary the gratitude of keeping our democracy strong. The Attorney General of the Federation has also done well through his advice to the government.
“The Executive Order 10 that guarantees the autonomy of the state legislature and judiciary is highly commendable.
“The government should pay more attention to economic well-being of the people. The poverty level is so high. People are dying of penury and hunger. People are hungry and the palliatives did not get to where they are targeted. Those who are sharing them are not sincere.
“In the next three years, this government should focus more on poverty alleviation and physical development. Most roads are not passable. See like the road that leads to Lokoja, the contract has been awarded by four consecutive governments yet it has not been done.
Vanguard