Nigeria Presidency And The Rule Of Law

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Chidi Anthony Opara, FIIM

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Apr 2, 2020, 12:37:22 PM4/2/20
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“As for the legality of the lock down, the Government of Nigeria’s primary duty in law and action is the defence of the people of Nigeria. We face a global pandemic. Nigeria is now affected. The scientific and medical guidance the world over is clear: the way to defeat the virus is to halt its spread through limitation of movement of people."--Garba Shehu(Nigeria Presidency Spokesman)

That primary duty does not stop government from declaring "state of emergency on health" which should have made the government actions legal.

 "Defence of the people of Nigeria" should also be done within the ambit of legality in a society in which the law is supreme and the rule of law is paramount.

CAO.


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Chukwuemeka C Agbo

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Apr 2, 2020, 12:51:33 PM4/2/20
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A government that does not respect the rule of law in times of peace will not learn to do so in a period of crisis. 


Chukwuemeka Agbo, M.A.
Doctoral Candidate in African History
Department of History
The University of Texas at Austin
128 Inner Campus Drive
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Okechukwu Ukaga

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Apr 2, 2020, 12:59:22 PM4/2/20
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Chidi,
Let us all support the government when it is doing the right thing as I believe the federal government in doing in this case. Rather than unnecessary fault-finding and quibbling over minor details, let's agree that the Government of Nigeria’s primary duty in law and action is the defence of the people of Nigeria, and once the COVID-19 problem is over, let's hold the government to this understanding and push the government to then confront banditry, adult/kidnaping, killer herdsmen, and various other sources of insecurities with the same sense of purpose and urgency apparent in this case. We cannot have it both ways -- complain when the government fails to act and at the same time complain when the government wants to act. Wetin you want? Which side you dey?
Regards,
Okey

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Chukwuemeka C Agbo

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Apr 2, 2020, 1:07:09 PM4/2/20
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Okechukwu,

I don't think that this government's constant disregard for the rule of law is "a minor detail".


Chukwuemeka Agbo, M.A.
Doctoral Candidate in African History
Department of History
The University of Texas at Austin
128 Inner Campus Drive
B7000 Austin, Tx, 78712-0220
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Okechukwu Ukaga

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Apr 2, 2020, 7:09:24 PM4/2/20
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Chukwuemeka,
I don't know about "this government's constant disregard for the rule of law". I like to focus on a case at hand. In this case, we should allow the government to do the needful. Where it goes to far, we should push for correction. (BTW, I noticed some of that in the move by River's State government, but did not bother to comment as I hope it will be responsive and self correct). Notably, being too legalistic and forgetting that law is made for people and not the other way around, can be counterproductive. That is the same thing the Attorney general of the federation wanted to do when he called into question the legality of Amotekun and we rightly pushed back and he relented. 
Regards,
Okey

Chidi Anthony Opara, FIIM

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Apr 2, 2020, 7:09:31 PM4/2/20
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Okechukwu,
You call an insistence on the rule of law at all times "unnecessary fault-finding and quibbling over minor detail"? Haba! So, this your "primary function of government" cannot be performed under the ambit of the law?

The government simply had to declare "state of emergency on health" and the President and the governors would be doing what they are doing presently in your "primary function of government" under "emergency rules". This is what happens during wars. "Emergency rules" are legitimate as you ought to know. I suspect that why they did not do this is because "the advanced countries did not do that".

I just hope that we would not have an explosion of class (legal)actions bordering on abridgment of civil rights(rights of movement, association, means of livelihood, etc) as prescribed in (not suspended) sections of our constitution.

Thank you for your time.

CAO.

Okechukwu Ukaga

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Apr 3, 2020, 5:26:21 PM4/3/20
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" You call an insistence on the rule of law at all times "unnecessary fault-finding and quibbling over minor detail"?" -  Chidi Anthony Opara


Not true, Chidi. Not so fast. What I see as unnecessary fault-finding and quibbling over minor details, is the notion that the government simply had to declare "state of emergency on health" and then and only then would all that the President and the governors are currently doing be lawful. Notice, that you have not argued that what they are doing is bad, but that a state of emergency on health has not been declared before doing so. That to me is quibbling over minor details. 

OU

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Chukwuemeka C Agbo

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Apr 3, 2020, 11:19:23 PM4/3/20
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Okechukwu,

If the law requires them to do so, why shouldn't they? Also, is there any aspect of a country's law that could be legally dismissed as "minor"? Is it not common sense for the arm of government charged with executing the law to make itself subject to the law? I'm just wondering if it's okay to violate one aspect of the law just to fulfill another.

Chukwuemeka


Chukwuemeka Agbo, M.A.
Doctoral Candidate in African History
Department of History
The University of Texas at Austin
128 Inner Campus Drive
B7000 Austin, Tx, 78712-0220
USA





Okechukwu Ukaga

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Apr 4, 2020, 5:20:44 AM4/4/20
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Which law, Chukwuemeka? I ask because if we are to be relentlessly legalistic and inflexible, we will find that even the so called law you want adhered strictly to has illegal foundation, which essentially makes it illegal. So at some point we have to be pragmatic. 
OU

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Chidi Anthony Opara, FIIM

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Apr 4, 2020, 5:20:50 AM4/4/20
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"Okechukwu,
If the law requires them to do so, why shouldn't they? Also, is there any aspect of a country's law that could be legally dismissed as "minor"? Is it not common sense for the arm of government charged with executing the law to make itself subject to the law? I'm just wondering if it's okay to violate one aspect of the law just to fulfill another-Chukwuemeka."

Chukwuemeka,
I wouldn't have given a better reply to Okechukwu. Thanks.

CAO.

Okechukwu Ukaga

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Apr 4, 2020, 12:54:59 PM4/4/20
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So to you too, Chidi, I ask which law requires them to do so (declare "state of emergency on Heath" - whatever that means - before doing the needful)?
I am waiting for your answer. -OU 


CAO.

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Chidi Anthony Opara, FIIM

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Apr 4, 2020, 2:21:55 PM4/4/20
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Okechukwu,
The Nigerian constitution made provisions for how the country should be governed and also made provisions for what should be done in times of National emergency.

CAO.

Okechukwu Ukaga

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Apr 4, 2020, 2:54:37 PM4/4/20
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Chidi,
You still have not shown us where in this constitution it requires that state of emergency on health be declared before the governnent can do what it is currently doing to combat COVID -19. And by the way, I should remind you that even this constitution is built on questionable foundation. Those who come to equity must have clean hands. 
Okey


CAO.

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Chukwuemeka C Agbo

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Apr 6, 2020, 9:13:54 PM4/6/20
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I'm not a lawyer. Constitutional lawyers can educate us on that. But bear in mind that neither the president nor his staff have come out to deny the absence of such law.
OU

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Okechukwu Ukaga

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Apr 7, 2020, 12:30:04 AM4/7/20
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 'semper necessitas probandi incumbit ei qui agit' ('he who asserts must prove'. ) You cannot shift the burden of proof to the President or his staff or anyone else for that matter. It rest squarely on folks like you and Chidi who made the claim. 
Regards,
OU

OU

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Chidi Anthony Opara, FIIM

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Apr 7, 2020, 7:34:42 AM4/7/20
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"Okechukwu,
The Nigerian constitution made provisions for how the country should be governed and also made provisions for what should be done in times of National emergency"-CAO.

Okechukwu,
There has to be an end to every discussion.

Warm regards,

CAO.

Okechukwu Ukaga

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Apr 7, 2020, 1:01:37 PM4/7/20
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Chidi, the end should come with you concerning that you made an assertion you obviously can't proof. Be well.
OU

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Okechukwu Ukaga

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Apr 7, 2020, 4:46:52 PM4/7/20
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Typo correction:

Chidi,
The end should come with you conceding that you made an assertion you obviously can't proof. Be well.
--OU
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