Tinubu Must Respect Independence Of Judiciary — Ibrahim, SAN

In this interview, the seasoned legal practitioner Mr. Magaji Ibrahim, SAN, discusses a variety of topics, including the rule of law, restructuring, true federalism, and the dismissal of service heads, amongst other miscellaneous topics.

There are a number of different agitations and calls for reform taking place in this country's political sphere right now. I absolutely empathize with the suffering of those who are advocating for the dissolution of Nigeria as a nation-state. But it isn't the most important thing to consider; the reality is that dividing our country isn't the answer to the difficulties that we as a people are facing.
The key to finding a solution rests in recognizing our differences and coming to terms with the fact that these distinctions are, in fact, a blessing rather than a curse. There is power in combining our efforts. According to the proverb, "divided we fall, united we stand," unity is the key to success. If we are able to use our diversity in a constructive way, then we will be able to see the gifts that God has bestowed upon our diverse society.

This will jolt many of our political leaders, particularly the governors of their individual states, awake to the economic reality of their states, discourage lethargy, and encourage inventive and constructive advances in the various federating units.

Recent statements made by President Bola Tinubu indicate that superfluous and illegitimate court decisions that are used to stifle democracy would not be accepted for much longer. What are your thoughts on this matter?

With all due respect to His Excellency, Bola Tinubu, President of the Federal Republic of Nigeria, the remark was not made in the spirit of democracy but rather to satisfy his personal need for aggrandizement.

It should never have been said because it poses a threat to our young democracy and we should have known better. The ability of political elites to show respect for the legal system is an essential component of the attractiveness of any democracy.

Any individual who is dissatisfied with a court order that has been delivered or handed over by a court of competent jurisdiction has the opportunity to challenge the order in accordance with the law at the appropriate time.

It is incumbent upon the executive branch, which is led by Mr. President, to make every effort possible to uphold the judiciary's autonomy.

Some key stakeholders believe that the formation of a state police force is the best course of action in light of the recent spate of more dangerous incidents. Are you in agreement with what they say?

Also Read: Tinubu: Nigeria ‘ll experience peace, stability

Despite the fact that I think the project is beneficial, I also think it could be manipulated in inappropriate ways. The structure of the police department is fine the way it is. There is nothing wrong with it. The management and the operations are the source of the problem.

The same persons or politicians at the state levels are the ones who manipulate the police and are accountable for the department's ineffectiveness. As a result, the issue is not rooted in the composition of the police force, be it federal or state. The issue is with the system as a whole, which is connected to poor leadership.

Fighting crime on a local level is not at all effective. In point of fact, the majority of crimes in Nigeria and elsewhere require a contemporary method to combat. In any case, the framework of our security is designed in a way that reflects the multicultural makeup of our nation and is flexible enough to be implemented in a variety of settings depending on the circumstances. Because criminals themselves progress with the passage of time, there is no one method that can be used to combat crime on a global scale. When you put local personnel in charge of dealing with offenders from their own communities and most likely families, you put yourself in a position where there is a high probability of bias and the possibility of compromise due to the frailties that come with being human.

Do you believe that there has been a consistent application of the principles of separation of powers by the three branches of government ever since the democratic system was first established in 1999?

Despite the fact that I recognize the fact that we are making political headway, I must admit that the political class has not been respecting the division of powers as it is stated in the constitution, particularly in regard to how it affects the judicial system. This fact has shown itself to be true in a great number of different ways in Nigeria. There is still a wide variety of problems, including a lack of financial autonomy, disobedience and disdain for court orders and judgements, intimidation of judicial officials, and unmeritorious nominations of judicial officers, amongst others. In order to maintain political cohesion, I believe we should discuss more.

According to me, every leader has their own style when it comes to leading. President Tinubu should not be compared to the previous president in any way. We are unable to choose for him how he should go about his leadership responsibilities. Our only recourse is to pray for him. He had a plan in place for the kind of leadership he envisioned the country having under his watch. It is likely that he did not consider any of the former defense chiefs to be viable enough to pursue his agenda. There is no rule or regulation that compels him to keep working with them.

 


Jenny Young

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