EL-RUFAI’S ‘EXECUTIVE ORDERS’ AND THE RULE OF LAW

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The Oasis Reporters

June 29, 2017

Governor of Kaduna State, Nasir El Rufa’i

The judicial branch of government is a major component in all living and functional democracies and the main schedule of this arm are the interpretation of laws and the adjudication of frictions between layers of authorities as well as government versus individuals and vice versa. In legal parlance, it is said, this branch, is the last hope of the common man/woman.

From 29th May 2015 till date, Mr. Nasir Ahmed El-rufai has taken far reaching decisions that do not add up even before legal lilliputians.
Under the pretext of reforms, ministries, departments and parastatal have been turned inside-out and upside down.

It is irrefutable that most of his actions were pillared on what he called EXECUTIVE ORDERS, decisions that did not pass through the scrutiny of the state House of Assembly- thus, all legal righteousnesses were not observed.

At this juncture, let us walk through some of his decisions that ought to be tested in the courts of law
Take a look look at these :

1. Surreptitious reduction of ministries, departments and agencies that were established by acts of the State Assembly.

2. Retirement of State Permanent Secretaries and LGA Directors of Personnel and Treasurers without following State and Local Government service rules.

3. Continued appointment of Caretaker Committees (now sole administrators) in all the 23 LGAs.

4. Hunting, fraternizing, negotiating, and compensating Fulani Militia committing genocide in Southern Kaduna in Mali, Senegal, Cameroon, Chad and Niger republics.

5. His multiple orders to Police Commissioners to invade people’s residences without search warrants from courts.

6. Burying of over 300 Shias in a mass grave, massacred over 100 kilometers away from their mass graves.

7. Banning of the Islamic Movement In Nigeria in the state and subsequent demolishing of their homes , worship centres and schools.

8. Closing of some tertiary institutions in Kafanchan under the pretext of lack of security.

9. Slamming of a 24/7 curfew for almost two weeks during which militias overran some villages, while the curfew was ongoing.

10. Sacking hundreds of District Heads, over 1000 village heads. And dissolution of their districts and village councils.

11. His definition of hate speech and persecution of people under his parochial and skewed perception of ‘Hate Speech’.

12. Demolition of private homes without justifiable reason like acquiring such spaces for public good or danger such structures pose to the public.

13. Abuse of judicial processes while persecuting persons viewed as enemies of his elitist and exclusive policies.

14. Banning of peaceful processions and assembly in the state. And using of security agencies in dispersing people enjoying their legal rights under the constitution .

There is much wisdom for Civil Society Organizations(CSOs), senior citizens of the state, opposition parties and individuals to drag Mr.El-rufai and the state government to competent courts of law to ascertain the legality or otherwise of the afore-listed decisions.

There is this notion flying around and about that going to court will be an effort in futility because he has a track record of disregarding judicial pronouncements. People holding this notion are only trigger shy because they ought to know that getting judgments against him will be vital in the long run.

It is a known fact that his immunity will expire on 29th May 2019 or same date in 2023. After that time, he will account for most of the decisions taken while in office. And punitive measures pronounced by judges will come to force.

Lest we forget, rights violations or related issues don’t die because local and international rights watchdogs have long memories like Mr. Snake and never forgive transgressions.

Where is Charles Gange Taylor today?
What was the end of ultra Serbs nationalist Slobodan Milosovich?
Where is the Bosnian Serb nationalist Dr. Radovan Karazdzic?
These gross human rights violators are cooling their wicked heels in The Hague, today.
Or have joined their ancestors in the great beyond while standing trials.

Just recently, the Chief prosecutor of the International Criminal Court (ICC) visited Nigeria and the Shia massacre of December 2015 was top in her agenda.
Is that not a sign that El-rufai and some people have started their long journeys to the Hague already ?

Our reluctance in testing/scaling his decisions will be unkind to people that placed their lives on the line and paid supreme sacrifices to enthrone democracy in Nigeria. We will be letting foreign powers down, those that used their taxpayers monies to help activists and pro-democracy groups which brought an end to military rule in Nigeria.

However, it is better late than never.
Can we get started?

Written by
John Danfulani, Ph.D .

Dr. Danfulani is a political scientist and university teacher , who until recently, lectured at the Kaduna State University, Kaduna in north west Nigeria .

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Greg Abolo

Blogger at The Oasis Reporters.

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