The executive must also be prepared to enforce all laws made by the legislature. Nigeria
Professor Nnamdi Obiaraeri is the former Dean, Faculty of law, Imo State University. In this interview with COLLINS OSUJI, the legal scholar answered the question of insecurity, governance, and rule of law, concluding that the 1999 constitution as amended must be unbundled.
What is your take on the recent suspension or dissolution of the council members of Imo state by the executive governor? If you look at the constitution of the Federal Republic of Nigeria, of all the sections guaranteeing rights, the right to fair hearing has no exception. There is nowhere the constitution allows you to deny anybody right to be heard. So if there is a petition against Okigwe Local Government, it does not follow that it must affect Aboh Mbaise, Local Government chairman, because everybody had his own election.We are dealing with the law.
We have to restructure the country. Go to the legislative list and see the enormous powers that the federal government wields. It is very unfortunate because what you call the concept of state police is already here but it is just that we have not given the good teeth to it. Policing and security is a matter for everybody. So if you want to deal with state police, you are going to come up with the issue of logistics.
As we speak, the election petition tribunal is going on and almost all the courts in the country have collapsed as a result of judges leaving their courts to participate in the tribunal. And it is unthinkable to believe that in 2019, we are still laying too much credence to the political right. It takes three judges in an Election Petition Tribunal to determine who is the assembly member in your local government and in some cases five to determine who is the House of representative members.
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