The Kano State Commissioner for Justice and Attorney-General, Barrister Abdulkarim Kabiru Maude, SAN, on Monday called on judges, lawyers and security agencies to uphold integrity and the fear of God in the enforcement of fundamental human rights.
He made this appeal during a Justice Sector Stakeholders’ Roundtable Discussion organised by the Nigerian Bar Association (NBA), Ungoggo Branch, Kano, with the theme “The Fundamental Rights (Enforcement Procedure) Rules 2009: Compliance Obligations, Recurring Breaches, Institutional Challenges and Pathways.”
Barr. Maude described fundamental human rights as divine and legal entitlements that must be protected at all times, stating that “fundamental human rights are rights ordained even by God, and judges are the custodians of the law.”
He explained that whether ex-parte or perpetual, court orders are granted based on the facts before the judge and under special circumstances, adding that “if those circumstances exist, a judge is morally bound to grant the order.”
Our sources reports that the Attorney-General cautioned lawyers against misleading the courts, noting that some clients deliberately give false information in order to secure favourable rulings.
He urged legal practitioners to withdraw from such cases, saying, “As soon as you realise that a client is telling you lies, please abstain from taking the case,” because lawyers are ambassadors of justice who must act with conscience.
He also criticised the conduct of some security agencies, particularly the abuse of detention and remand orders, which he said often worsens cases and violates citizens’ rights.
Maude called on the judiciary to ensure speedy handling of fundamental rights cases, warning that “when an order stays for one year or two years, it is not helping matters.” He expressed hope that the roundtable would produce practical solutions, adding that new civil-society-driven processes would soon support quicker and more effective enforcement of fundamental human rights.
On his part, the Chairman of the Branch, Ahmad Abubakar Gwadabe, said the roundtable was organised to strengthen cooperation between the bar, the bench and security agencies in order to address challenges in the justice sector.
He explained that the meeting was designed to create synergy and deepen understanding of the enforcement of fundamental rights.
According to him, the association aims to curb recurring detention in the name of investigation, reduce the rampant filing of enforcement procedure cases by lawyers, and ensure that security agencies do not venture into civil matters, especially in cases involving the recovery of money.
Gwadabe added that the NBA also intends to ensure that legal practitioners understand which matters should properly fall under the Fundamental Rights Enforcement Procedure Rules and which should be pursued through other lawful means.
He noted that the roundtable would be sustained to promote mutual understanding among all stakeholders, even as he acknowledged existing legal disputes between some agencies and the bar, which are currently before the Supreme Court. He stressed that until any judgment is set aside, all parties are bound to respect and comply with it.
On his part, Alkasim Jaafar, Head of the Legal Department, EFCC, Kano Zonal Directorate, expressed concern over the rising number of fundamental rights cases being filed against the commission.
He said most of the applications are anticipatory, noting that many applicants approach the court out of fear rather than because of an actual violation.
According to him, such applicants are usually aware that the EFCC has the statutory power to investigate them, and they therefore seek interim injunctions to stop the commission from performing its lawful duties.
Jaafar lamented that courts often grant interim injunctions restraining the EFCC from investigating matters within its mandate, which he said hinders the fight against corruption and financial crimes.
He urged judges to carefully scrutinise affidavits filed in support of such applications, so that justice is not abused through misleading facts.
He also attributed the high number of cases in Kano to the state’s large population and to some lawyers who, in their bid to protect their clients, file applications they know may not be justified.
The EFCC legal head disclosed that the commission currently has hundreds of such cases pending in Kano alone, though he said efforts were being made to ensure they are determined within a reasonable time.
He called on all stakeholders in the justice sector to work together in good faith, adding that judges and lawyers must do “the right thing at the right time” to ensure that justice is served without obstructing the lawful duties of law-enforcement agencies.
