Hiccups in executing court rulings against government agencies –Lawyers

Judicial officers, backed by police personnel, gleefully execute court judgements against members of the civil populace. But when the judgement is against any of the government agencies, especially the armed forces, executing it becomes a difficult task. EMMANUEL ONYECHE and AJIBOLA ADEOSUN take up this issue with some lawyers and the police.

LAST July, Justice Morenike Obadina, a judge of a Lagos High Court, had to issue a bench warrant for the arrest of the Commissioner of Police, Lagos State, Mr. Marvel Akpoyibo after the police consistently disobeyed a court order that they should produce one Anthony Ogonu in court dead or alive. Ogonu was allegedly arrested ”illegally” by some policemen attached to the Special Anti-robbery Squad, Ikeja on February 28, 2007. Documents with SUNDAY PUNCH showed that the case had come up in court eight times, but the CP allegedly failed to show up or send representation though all the court processes were served on him.

THE COURT IS NO RESPECTER OF PERSONS The worried judge wrote,”The court is no respecter of persons. Orders of courts are meant to be obeyed by the low and the mighty. Since the order of the court has been disobeyed, this amounts to contempt. I make an order of bench warrant for the arrest of the respondent (Commissioner of Police) to show cause why he should not be committed to prison for contempt.”

It was after the case was reported in the media that the police deposed to a counter affidavit, where they alleged that Ogonu was arrested for alleged involvement in armed robbery.

In a notable case in the 1990s, Mrs. Funmi Falana, the wife of human rights activist, Femi Falana, spoke of how government agencies frustrated a court ruling that they obtained against them.

”Sometime in 1999, we executed a judgement against the government,” Falana recalled. ”We obtained the judgement on the detention of my husband, Mr. Femi Falana, and Dr. Beko Ransome Kuti. We sought to execute judgement against the Federal Government and they told us to obtain leave.

”What we did was that we went to the Federal Ministry of Justice; Dr. Ransome Kuti just asked one bailiff of court to impound one of their vehicles one afternoon. After a long time, they said they would negotiate and pay the judgement sum. Eventually they paid a judgement sum of about N90,000. That was the only judgement we have been able to enforce against them so far.”

Several other cases like these litter the Nigerian landscape, waiting to be executed.

Human rights activist and lawyer, Festus Keyamo, says the situation where the execution of court orders against government agencies is difficult is not ideal. He identifies the administrative procedure that requires the permission of the Attorney-General (of the Federation) before the execution of any judgement against any government agency, as a stumbling block.

”We have kicked against it several times and we will continue to do so until the desired result is achieved,” he says.

ORIENTATION OF THE POLICE

Wahab Shittu, another lawyer says the problem has to do with the orientation of the police, whom he believes are not properly oriented to understand that they have to obey the rule of law at all times.

”The police have to understand that when they shy away from executing court judgement that are against them, they are endangering the democratic process as well as diminishing judicial integrity. The orientation of the police concerning this issue has to change,” he says.

Shittu describes the administrative procedure that requires the permission of the AG as not only unhealthy, but also anti-democratic and anti-rule of law.

Barrister Joachim Ohia says there is the need to carve out a special section of the police that will be solely charged with the responsibility of executing court judgements. ”They can call it the Enforcement Unit and it will be composed of both the police, the army and the civil servants and their duty will just be to execute court judgements.

Our police have to specialise the more like in most of the developed countries, where we have such special departments,” he says.

Ohia says another issue to consider is the will of the police to execute that judgement. ”If the will is there, there will be a way. Let us take the example of the EFCC. There was a time that body arrested a former Inspector-General of Police (Tafa Balogun) and successfully prosecuted him. That was not only because the law was there, but the EFCC men had the will to execute the judgement,” he says.

Many other lawyers agreed with the above submissions. Falana says, ”Section 42 of the constitution needs to be reformed. It says only the person whose rights have been infringed upon or is likely to be infringed upon can go to court.

”But in other countries like South Africa, Uganda, and Eritrea a non-governmental organisation can file an action on behalf of a person whose rights have been infringed upon. ”In Nigeria, the issue of locus standi is usually raised because specifically only that person can file an action in court. Even the provision of fundamental right itself, you must seek leave of court before you can enforce your right. Though people say the procedure rules are being reviewed, up till now, no new rules. ”Why should I have to obtain permission of the court to enforce my right? To really have proper enforcement of rights and proper administration of justice, these things must be expunged.

”With the recent reform of the criminal law of Lagos State, you cannot arrest somebody in lieu of another person as was practised by the police before. We expect the Federal Government to emulate this and improve upon it towards achieving a holistic reform of the system.”

COURT OFFICIALS

According to Tayo Oyetibo, SAN, the justice system does not have a room for the disobedience of court orders. However, Oyetibo says that some government officials might hide under the cover of government to disobey court rulings.

”It is the people who choose not to obey orders of court because they enjoy governmental protection,” Oyetibo says. ”Functionaries of government do at times disobey court orders because of the protection accorded them by their office.

”But there is a provision in the law for punishment of disobedience of court orders.

”We need reform in almost every sector of the justice system. For instance, in some courts they still use manual recording of court proceedings.

”Even the procedures, the civil procedure, the criminal procedure, and the prison system need to be reformed. No nation can afford to remain static.

”Some 20, 30, 40 years ago, computers were not so popular; today almost every office uses computers. So the law also has to move with time. You realise that there are changes in the lifeclass of people and the technological innovations that have come into existence from time to time. We must adjust the mechanism to accommodate these developments.

”Hence the need for reform of the justice system cannot be overemphasised. The way forward is for the National Assembly to accelerate their deliberations on the bills that are meant to facilitate the reform, so that we can have a complete work on that and for the President to assent to it; and then we can begin to execute the reform. The review of the electoral law that is ongoing is also part of the justice system.”

According to Frank Mba, the Police Public Relations Officer of the Lagos State Command, ”That the police don't comply with court orders is just an allegation. As I'm talking to you, I'm a living example of what due process is in the police.

”I'm residing in a house (No. 9 Odegbami Street, Off Adeniyi Jones, Ikeja, Lagos); that house was originally allocated to me by the Nigeria Police Force as an official quarter.

”But as I'm talking to you now, the house is a subject of dispute between the Federal Government and somebody.

”At the end of the day, the lady won the case and the ownership of the house was reverted to the lady. As I'm talking to you, the police have written me about six letters, telling me to vacate the place.

”In fact, as far as the police are concerned, I've already moved out of the house. I'm still there now because of the personal arrangement I have with the owner of the house.

”I've also concluded arrangements to leave the house within the next two weeks.

”Now, if the police do not obey court orders, I don't see any reason why I would leave that house. That is a typical example of what we do in the Nigeria Police.” The Guardian

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