El-Zakzaky: Why We Disobey Court Order- Malami

El-Zakzaky: Why We Disobey Court Order- Malami

A former minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, has given a clue on why some citizens can be detained against court orders granting them bail.

This is just as the Islamic Movement of Nigeria (IMN) has accused the Nigerian Police of detaining its “Free Zakzaky” protesters, including female and the under-aged with life-threatening injuries since Monday, July 22, denying them access to family members, food and medication.

According to IMN spokesman, Abdullahi Muhammad Musa, three of its members died in Police detention centre due to lack of medical attention, saying protesters who were supposed to have been taken to court in less than 24 hours have spent a week in Police detention.

Malami, who stated this while being quizzed at the Senate chamber, Friday, as a ministerial nominee, said Section 174 of the 1999 Constitution (as amended), made provisions for public interest to override private interest.

“I concede, as argued by the Minority Leader, Senator Enyinnaya Abaribe (PDP Abia South), that a Minister of Justice and Attorney General, as stipulated by Sections 36, 37 and 39 of the constitution, is supposed to protect the rights of any citizen from being violated even by the state.

“However, where such rights conflicts with public interest, the latter overrides the former.

The office of the AGF has exclusive responsibility of upholding the public interest above personal interest of anybody,” he said.

He explained further by citing the ruling of Supreme Court on Federal Government verses Asari Dokubo, where, on the grounds of public interest, the court refused him bail.

Malami explained to the lawmakers that the culture of deep-rooted collaboration between the Executive and the Legislature must be cultivated for Bills passed by the latter to enjoy the assent of the former, adding: “Absence of collaboration and cooperation between the legislature and the executive accounted for the high rate of decline of assent to Bills by the Presidency from the 8th Assembly.

“For such scenario not to repeat itself during the current 9th National Assembly, the culture of collaboration between the two arms has to be put in place. That culture has to be demonstrated right from the stage of conception or formulation of a Bill up to the level of public hearing and eventual passage.

“For example, the Petroleum Industry Bill (PIB) was fundamentally rejected by the executive for lack of this required collaboration, especially as regards the interest of host communities perceived by the Executive to have been compromised through provisions of the Bill.”

Earlier before the question and answer session, he reeled out some of the achievements recorded during his tenure, saying through the enforcement of the Treasury Single Account (TSA), 23,000 ghost workers were weeded out of the system, 63 terrorism cases prosecuted and 59 convictions secured.

He added that a total of 12, 412 criminal cases were tried during the time and N59.163billion recovered from some of the prosecuted looters, assuring that if given the opportunity to serve in similar capacity after his confirmation, he would operate within the context of integration, in line with Section 15 of the 1999 Constitution (as amended).