Femi Falana
SAN, a human rights lawyer, has challenged the Acting President, Yemi Osinbajo
to stop what he termed the flagrant disobedience to court orders which has
characterised the current administration.
He made the
call while expressing disappointment at the refusal of the Attorney General of
the Federation, AGF Abubakar Malami to obey court orders and release former
National Security Adviser, NSA, Sambo Dasuki, leader of the Islamic Movement of
Nigeria, Sheikh Ibraheem El-Zakzakky, among others.
In a letter
entitled, ‘Request to end disobedience of court orders by all authorities and
persons’, Falana said, “It is common knowledge that the AGF, Mr Abubakar Malami
(SAN), has said that Col Sambo Dasuki (retd.); Sheik Ibraheem El-Zakzaky; and
his wife, Hajia Zenab Elzakzaky, would not be released from custody in defiance
of the valid and subsisting orders of municipal and regional courts.
“While the
attention of the print and electronic media has been focused on the three
privileged citizens, it is hardly realised that there are many other common
people who are languishing in custody due to official disobedience of the
orders of courts which have set them free.
“And since
judgment creditors are prohibited from levying execution on the funds belonging
to the government without the fiat of the AGF, the Federal Government and the
various state governments usually refuse to authorise the payment of damages
running to several billions of naira awarded by courts in favour of many
citizens and institutions.
“But
notwithstanding the illegality of my detention and the fact that it was Gen.
Buhari that had promulgated the decree, I was able to convince my colleagues in
the human rights community to demand his release and that of his deputy, the
late General Tunde Idiagbon from detention.
“It is on
record that based on our intervention, the Ibrahim Babangida junta released the
duo after three years of detention without trial.
“We urge
Your Excellency to take urgent and decisive measures to put an end to the
disobedience to court orders by many public officers and institutions. Since
section 287 of the constitution has imposed a binding obligation on all
authorities and persons in Nigeria to comply with the decisions of competent
courts, public officers who subvert the rule of law ought to be sanctioned.
“Furthermore,
in view of the fact that President Buhari is the current chairman of ECOWAS,
the Federal Government should show leadership by example by complying with all
the judgments of the regional courts without any further delay.”
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