By Dr. Oluwole Daini
As much as majority of Nigeria citizens, just like many other nationalities across the world, desire democracy and good governance, it is important to always take cognizance of the fact that effective democratic government can only survive through obedience to the extant laws of the land.
This is the hallmark of rule of law, which is the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws, or the political ideal that all citizens and institution within the country are accountable to the same laws, in strengthening democracy and good governance.
This is clearly espoused in Section 1(1)(2)(3) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), to wit: “(1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution. (3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”
As the Nigerian democracy advances, the executive and the judicial arms of the Nigerian government recently demonstrated this in the Court of Appeal in their Application with the Number CA/ABJ/PRE/ROA/CV/281M1/2023, which ensued following the issuance of the certified true copy of an unsigned judgment by the FCT High Court in the Suit No CV/1432/2018.
Following the acquiescence of the Chief Justice of Nigeria/Chairman National Judicial Council to the Plaintiff’s 05/01/2023 correspondence in response to His Lordship’s letter dated 20/12/2022 with the Reference Number NJC/F.4/HC.33/I/43 for the irrevocable and immediate extrication of the President of the Federal Republic of Nigeria, the Chief Justice of Nigeria/Chairman National Judicial Council, the FCT High Court, the Chief Judge of the FCT High Court, the first Presiding Judge (who started the case before His Lordship’s elevation), the staff of the Registry of the FCT High Court, the Nigerian Bar Association, the Nigeria Police Force and the current Presiding Judge from any form of complicity in and/or concealment of the criminal acts conspiracy and fabrication of false evidence in a judicial proceeding through the forgery of the FCT High Court Motion No 743/19 by the Respondents and their Counsel in the Suit No CV/1432/2018 on the 08/03/2019 to fraudulently and unlawfully arrested the 13/03/2019 cause-listed judgment of the Court, after the issuance of the unsigned 05/10/2022 judgment with a forged and/or fabricated date of CTC 21/11/2022 to the Plaintiff in the FCT High Court 33, Apo, FCT-Abuja, Nigeria; and following the failure of the Respondents and their Counsel to prevent and/or delay the associated forfeitures and/or the costs through the Respondents’ criminal concealment of important Court processes and/or documents from the Court of Appeal in their Application with the Number CA/ABJ/PRE/ROA/CV/281M1/2023 aimed at keeping the named persons/entities in a permanent criminalized state of being complicit in and/or concealment of the conspiracy and fabrication of false evidence in a judicial proceeding through the criminal act of forgery, in contravention of Sections 16, 17, 20, 21, 26, 79, 80, 81, 83, 84, 96, 123(a)(c), 124, 125, 132, 156, 157, 158, 161, 164(1), 182, 362, 363, 364 and 368 of the Penal Code, in spite of the acquiescence of the President of the Federal Republic of Nigeria to many correspondences on the matter, the authorities of the FCTA are now lawfully bound to comply with the implementation of the forfeitures and/or the costs which is currently put at over fifty billion naira, and the extrications too, particularly with the dismissal of the Appeal filed by the Appellant pursuant to Order 11 Rules 1, 4 and 6 of the Court of Appeal Rules 2021 and other Laws of the Federation of Nigeria as evidenced by the Court of Appeal issuance on the 13/03/2023 the Certified True Copies of all the processes applied for by the Appellant on the 07/03/2023.
The Respondents/Applicants in the Application dated 27/02/2023 and filed on the 28/02/2023 with the Motion No CA/ABJ/PRE/ROA/CV/281M1/2023 in the Court of Appeal Abuja Division, the Honourable Minister of the FCT, the Permanent Secretary of the Ministry of the FCT, Mr. Abubakar Sanni Pai, Engr. Magaji Sambo Dalhatu, Mr. Prospect. C. Ibe, as contained in the correspondence dated 24/05/2023 addressed to the Permanent Secretary Federal Capital Territory Administration, including the stamped, sealed and signed Valuation Report dated 17/05/2023, had accepted and/or acquiesced to the extrication of the President of the Federal Republic of Nigeria, the Chief Justice of Nigeria/Chairman National Judicial Council, the FCT High Court, the Chief Judge of the FCT High Court, the first Presiding Judge (who started the case before His Lordship’s elevation), the current Presiding Judge of the FCT High Court 33, the staff of the Registry of the FCT High Court, the Nigerian Bar Association and the Nigeria Police Force from any form of complicity in and/or concealment of the conspiracy and fabrication of false evidence in a judicial proceeding through the forgery of the Motion No 743/19 by the Respondents and their Counsel in their Application dated 08/03/2019 for the purposes of fraudulently and unlawfully arresting the 13/03/2019 cause-listed judgment of the Trial Court in the Suit No CV/1432/2018 as contained in the Court of Appeal 13/03/2023-dated CTC of the Appellant/Respondent 03/03/2023-dated Counter-Affidavit that accompanied the 03/03/2023-dated Notice of Withdrawal of Appeal in the Court of Appeal in Abuja pursuant to Order 11 Rules 1, 4 and 6 Court of Appeal Rules 2021 among other Laws of the Federation of Nigeria.
This was done in consonance with Section 1(1)(2)(3) of the Nigerian Constitution among other Laws of the Federation of Nigeria for the advancement and sustenance of Nigerian democracy.
Written by Dr. Oluwole Daini, 3, Lokoja Street, Area 8, Garki, FCT-Abuja, Nigeria.
08189301799; 07026921451
