Rule Against Govt Actions That Violate Law – AGF Tells Judges

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has urged Nigerian judges to uphold the law and pass verdicts against government actions that violate the constitution or harm the country’s advancement.

He made the call on Tuesday in Abuja while delivering a lecture titled “Strengthening the Synergy between the Executive, Legislature and Judiciary under the Rule of Law – Executive Perspective” at a refresher course for judges and Khadis at the National Judicial Institute.

The event was chaired by the Chief Justice of Nigeria, Olukayode Ariwoola.

Fagbemi said while the judiciary and legislature must reject attempts to frustrate the government, judges have a duty to rule against government overreach and excesses when warranted.

“It is my firm submission that the courts must continue to reject any attempt to be manipulated or employed by any individual or entity for personal benefit. In this regard, situations where private persons seeking to scuttle the government’s procurement procedures as provided in the procurement laws or other governmental processes, by approaching the courts to acquire spurious injunctions, should be rejected by the courts.

“On the other hand, the judiciary has the responsibility to pronounce on government processes or action(s) that are not in line with the law or in the interest of the advancement of society, thereby serving as a tool for socioeconomic Advancement,” said the AGF.

Fagbemi advised that the three branches of government must remain in their constitutionally defined roles to prevent arbitrary excesses by any one branch.

He said though their powers overlap at points, no single branch has absolute power.

“The need for synergy among the three arms of government cannot be over emphasized. All the arms of the government must see themselves as partners in progress. Without the synergy and cooperation, the vision of our constitutional democracy is hardly achievable.

“Each arm must do all that is lawful to enhance the operation of government and no act must be done to undermine the vision of government and Nigeria as a democratic entity.

“The constitutional powers of the three arms of government overlap in some cases and each of them connects with the others at various points,” Fagbemi was quoted as saying in a statement by his spokesperson, Kamarudeen Ogundele.

Fagbemi further noted that the judiciary is often called upon to adjudicate on the relationship between two or even all three arms of government but advised that all this must be done according to the rule of law.

“An independent and efficient court system is a cornerstone of the rule of law. Where the judiciary falters, that is a clear invitation to anarchy. This must never happen,” he said.

He urged lawmakers to work in such a way to help enhance the performance of the executive arm of government.

“This is so because virtually all the policies to be implemented by the executive in a democratic setting emanate from laws passed and/or to be passed by the legislature.”

“Therefore, it is in the best interest of the system for the legislature not only to pass such laws that would boost the work of the executive, but they must also initiate such developmental bill and where existing laws are constituting impediments, efforts at amending same to achieve better results must quickly be embarked upon and seen to conclusion in record time, it is only by so doing that the desired collaboration between both arms of government can be achieved,” he said, adding that his office is also available to address any lapses or other strategic issues that inhibit the judiciary from carrying out its constitutional functions.