By Efio-Ita Nyok |30 June 2015 |6:50am
In the 10th Memorial Anniversary of Justice Peter Odo Effiong Bassey organized on Friday 26 June 2015 which held at University of Calabar International Conference Center and had Vice President Yemi Osinbajo, Mrs Oby Ezekwizili and Mr. Donald Duke as guests speakers, the latter, namely, Mr. Donald Duke the former governor of Cross River State was seen to be charging the incumbent governor, His Excellency Ben Ayade to uphold the rule of the law as being sacrosanct in his official capacity as governor of the state.
In his exact words, Mr. Duke succinctly submitted that, “The rule of law should not be a political slogan; rather it should be our way of living. When the judiciary turns a blind eye to crime our society crashes, cripples and breakdown”. In other words, the rule of law should be entrenched as a culture in the administration of Gov. Ben Ayade.
The question then becomes, what is the rule of law? And without much ado, the rule of law is a property of democracy where every citizenry that constitute a given body-politic is treated equal. It is a situation where some citizens are not 'more equal than the other'. Again, it is a sociopolitical condition where the letters of the law prevails over all and sundry such that the sentiments of who ever is subservient to the dictates of the 'magna cater' of the state. Finally, the rule of law is the situation where the state is operated based on principles and policies and not based on persons and sentiments. Thus, for Donald Duke, “In real terms, that arm of government that defines the society is the judiciary”. Adding that, “The better approach to governance is when we strive to do the right thing”.
We therefore understand that the judiciary should be free of any form of executive interference(s). This observation has become important considering how the former administration of Sen. Liyel Imoke handled the state judiciary. It's no more news that in the latter days of Liyel Imoke's administration the judiciary had been hijacked so much so that judiciary officers in the state were reported to have been on strike for over two months! The law and its rule was kept on hold for that long such that impunity became the order of the day.
Crime characterised the state especially Calabar, the state capital. Notable among which was the security threat the delinquent juveniles namely, Scolombo, in flinched on the inhabitants of the one time serene and green city. They were understood to so terrorise the hitherto peaceful city such that one was naturally compelled to inquire whether this wasn't the state capital any longer. The chief security officer, the then executive governor, was few miles away from the terror and called the bluff! Security institutions like the police, civil defence and even State Security Service(SSS) went AWOL. Calabar became the hotbed for bag/phone snatchers, thieves and even armed robbers! Cross Riverians residing in the state capital did so in literal fear of the men of the underworld.
Should we have had a working Judiciary, crime would have met with justice. But the reverse was the case. Civil servants forgot their civil service responsibility by allowing corruption to become the order. The state judiciary was in an apparent state of comma. In one phrase, crime was to the society what corruption was to the civil and public services. There was chaos at all front. This was because the judiciary was handicapped.
It's in light of the above that one would naturally submit the thesis that Gov. Ben Ayade should take the charge of the former governor, Mr. Donald Duke, in making the rule of law in the course of his administration, a way of life as been serious. Nothing best replaces the temper of that charge. And he will demonstrate this by not toeing the path of his predecessor of infringing into the statutory fund coming from the federation account meant for judicial staff operating in the state.
Besides infringing on the financial lot of the state judiciary, the popular theory of separation of powers should be practiced. Gov. Ayade should allow the law takes its course on any erring member of society and corrupt civil/public servant. Judicial appointments should be free of executive encroachment.
In essence, the laws of Cross River State, that of the Federal Republic of Nigeria and other existing applicable legal frameworks should be the oracle to which we appeal to in things of public affairs. Sentiments and other emotionalities should be shown the way out of the system. 'The rule of law should be our way of life and not a political slogan', and Cross River will be our pride and ours for the living.
