“Nigerian constitution is founded on the rule of law, the primary meaning of which is
that everything must be done according to law. It means also that government should be
conducted within the framework
of recognized rules and principles which restrict
discretionary powers. ”
Under the Nigerian legal system a person is deemed innocent until proven guilty.
The Applicant alleged that the President of the Federal Republic of Nigeria in
His maiden presidential media chat dated 30" December, 2015 announced that
the Applicant will not be released because of the weight of crimes he committed
against the Nigerian state, and because he is likely to jump bail.
The above statement if established offends the principle of presumption of
mnocence
of the
accused,
smirks
of utmost
disrespect
of the
concept
of
Separation of Powers and is an encroachment of the executive 1n the functions of
the Judiciary likely to embolden its Agents to shun Court Orders.
Re-arresting the Applicant immediately after he has been granted bail by a court
of competent jurisdiction makes a mockery of the Country’s Democracy which
is anchored on the Rule of Law and Separation of Powers. A Party not satisfied
with a ruling of a Court has a right to apply for judicial review and also apply for
a stay of execution of the said ruling but not to ignore it or carry on as though the
Court’s Order is not binding on it. See: Attorney-General of Lagos State V
Attorney-General of the Federation (2005) 2 WRN 1 at 150
Democratic governance is based on the will of the people wherein people live in
dignity and freedom. The rule of law protects the fundamental, political, social,
and economic rights of the people who will otherwise be vulnerable. Where the
Judicial function is interfered with by the executive this destroys the concept of
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