Rule Of Law And Security (1) By Femi Falana

From 1984-1999, I was subjected to constant harassment by the security and intelligence community in Nigeria. Not for posing any threat to national security or for contributing to the economic adversity of the country. But for teaming up with other patriotic forces to challenge  unbridled corruption, unabashed executive lawlessness, gross human rights abuse and other illegal activities which subverted national  security and endangered the welfare of the people of Nigeria under successive military regimes.

Owing to the refusal of the civilian wing of the political class to demilitarize  the  polity there has been unsettled debate over the primacy of national security  over the rule of law. Majority of political office holders in the country are not committed to the observance of the rule of law. In place of the rule of law the political system has enthroned the rule of might or rule of rulers.

The debate over the clash between the rule of law and national security has been reopened by President Muhammadu Buhari at this conference when he enjoined Nigerian lawyers and judges to realize that national security takes precedence over national security. A few days before then, the President had threatened to jail looters who had sabotaged the security of the nation by diverting huge funds earmarked for the development of the country. It is implied in the presidential declaration that the alleged looters cannot be jailed without a trial conducted in criminal courts under the rule of law.

In striking a balance between national security and rule of law in a democratic setting I intend to review physical security, social security,  human rights, the management of national security by security agencies and the subversion of national security by the government. Since State security is often confused with government security it is germane to explain the two concepts. I shall conclude by making a case for the enforcement of the socioeconomic rights of the masses as our country cannot have national security without social security.
National Security, Human Rights and Rule of Law
On July 17, July 2018,  President Muhammadu Buhari had the rare privilege of participating in the activities marking the 20th  anniversary of the International Criminal Court. On that auspicious  occasion the Nigerian leader assured the international community that “our cooperation with the Court is borne out of our strong belief in the respect for the rule of law and human rights…” On the basis of such assurance from the President  we are compelled to review  the disturbing culture of disobeying court orders by officials of the federal and state governments under the current democratic dispensation.
I want to believe that the President is not unaware of the respect for human rights is the fundamental basis of a democratic society that is genuinely committed to the consistent implementation of the rule of law. Human rights are indeed the basic building blocks that governments must cultivate in order to have an effective relationship with the general population.
The extent that the protection of these rights is guaranteed signifies the democratic strength of a country. Indeed, human rights and the rule of law are crucial to the well being of any truly democratic society. These rights include not only civil and political rights but also economic, social and cultural rights. They are articulated and entrenched in national constitutions and the Charter of the United Nations, the Universal Declaration of Human Rights and other human rights treaties to which Nigeria has subscribed.
Human rights, the rule of law and democracy are interlinked and mutually reinforcing: they are part of the universal values and principles espoused by the international community. Nevertheless, it must be noted that since the birth of the human rights movement in the mid-twentieth century, the promotion of human rights and the rule of law has been seen as competing with.GOSSIP ABOUT JAIYEORIE TO THE NEXT PERSON Tell A Friend about Jaiyeorie FOLLOW Instagram - Jaiyeorie Facebook - jaiyeorie Weddings - jaiyeorieweddings Advertise/ send gist to us - jaiyenews@gmail.com ... spill TEA Easy on Shade #jaiyeorie