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Saturday, 12 October 2013

Polite and Law

NNAMDI AZIKIWE UNIVERSITY AWKA
COMRADE OSONDU CHUKWUEMEKA BENEDICT
POLITICS AND LAW
Politics come from the Greek word politicos meaning
activities associated with the governance of  a country or area, also governments concerning the political relations between countries,, while law are rules that a particular country or state recognizes as regulating the actions of its members and may enforce by the general individual.
History and politics constitution and political system
Constitution adopted 1979 still partially in force, Nigeria has embarked on a review of its constitution
Legal system, Ishamic law common law and tribal law
Legislative branch bicameral national assembly consisting of senate (109 seats) and house of representatives (360 seats) with a population of 140 million as at the last census had and over 250 ethnic groups.
A brief political history of Nigeria politics and enforcement during the 19th century, the abolition of the slave trade thereafter the colonial regime started where Nigerians where under the Britain, the British dependencies  of Northern and southern Nigeria were merged into a single territory in 1914, and a legislative council, initially with limited African representative was then created in 1922. Traditional native ruler; however in 1947 a federal system of government was established under a new Nigerian constitution introduced by the United Kingdom. This idea was to unite the ethnic group mainly the Igbo, Yoruba and Hausa, prior to independence, nationalists continued their demand for the extension of fracture and the holding of direct elations. This led to the abrogation of the 1947 constitution and the introduction of a ministerial government in 1951. the federation because self governing in 1954 which brought about our key instigators for our national freedom and independence were Dr. Nnamdi Azikiwe and Herbert Malculay, Obatemi Awolowo, Sir Ammadu Bello and Sir Abubakar Tafawa with all these great pursue for freedom, the federation of Nigeria achieved independence on 1st October, 1960 and 1966, Nigeria was under civilian rule, there after Dr. nnamid Azikiwe became the first president, while sir Abubakar Tafawa became the prime minister for foreign affairs with all the stubble and success attained by these individuals, the most urgent issue in Nigeria politics currently is the issue of democracy, corruption, respects of human and civil rights, and also popular sovereignty. Since the advertisity of the 1970 oil boom our economy has been in pains.
Looking at our present and past political leader we can differentiate between the then rules and politics played among the British and the fight of our past hero and heroine, can we also differentiate how the laws were been effective to the use of our democratic governance today we experience different philosophy and rules aimed at the destructions of politics and laws. There are still inequality before the politics and law, fundamental human rights are not all that observed and even ideals are just been broken due to individuals political mind set. The set of politics and law is no doubt that the rule of law is unambiguously enshrined in our Nigeria constitution. The only surprising thing to any competent individual is the blatant disrespect and dishonor shown to this constitutional provision by Nigeria rulers/leaders who had openly sworn to uphold unity and strength of hero and heroine present from the back drop of several and present cases of unjustifiable arrests unfair trials, unjustifiable killings of innocent souls, executive lawlessness, suppression of free democratic speech and undue domination of minorities. However the thoughts of laws and politics played in the Nigeria democracy has been a universal phenomenon that nation that cannot successfully thrive on with democracy and absolute supremacy of the law is no doubt heaving to doom. Democracy of people by the people and for the people has always been an issue of serious concern to the average citizens while the nations seemingly weak judicial system portends bad signals that the country is heading towards crisis, it drastic measures aare not taken. Furthermore, it is disheartening to note and express that there is an appealing intersection between politics and law (Rule of Laws). This absurdity doesn’t arise or had not risen from the constitution nor the influence or superiority, but a lack of commitment and misuse of power according to Abraham Lincoln who said “nearly all men can stand adversity, but if you want to test a man’s character, give him “power”.  And commitment to core national issues on the part of our leaders, who have formed the habit of interfering in the duties of the judiciary thereby slowing down the process of administration of justice and laws in the country.
The law or rules of law is not only based on equity, but also a viable means to the right to fare hearing. It has been found as the key to a corruption. Free and harmonized society and this could be a way for social control. Nigerians have the facts that what we have enthroned in the country is form of civilian dispensation and not real democratic practice. Indeed, gone where those time where laws and politics are played with conscience and now we practice more of a plutocracy (government by the wealthy), time where laws where seen as God, where individuals will be transparent and serve with the spirit of oneness but what has the law turn to be, in Nigeria today politics and laws can only be described as a political terminology to express political situation in a democratic setting.  The fundamental human rights are not all hat important and observed and even  some so called  human beings and leaders regard themselves above the law, the question is has or was our great hero and heroine  above or against this law? Nigeria has had a chequered experience of both democracy and the rule of law where also the separation of powers and administration of justice were seen and practice too.
Democracy is not an should not be a matter of do or die or victory at all costs by should seen as where the laws are practice freely to the good of the citizens, law must lower and be above every one in the society; all misconduct and mis deed must be traceable to a prior existing law, which is the law the country is using (constitution) and judges should pronounce with a tone of finality on all infringements of the law. The rule of law and politics should be of transparency and accountability in government as a means to solve the general challenges and problems in the country whereby freedom and adherence would be seen. The Nigerian constitution which is our law is founded and review on the law that every thing must be done under it, it also means that government should be conducted within the works of recognized rules and principle which restrict discretionary power. The law should be prĂ©cised and independently from the views of the judge, (that is the rule of law means that disputes as to the legality of acts of government are to be decided and explained by judges who are wholly independent of the executive). Since, the inceptions of law enforcement agencies like EFCC and ICPC there had been notable contribution made to the anti-corruption fight in Nigeria. But the persistent  failure of the political authorities to follow due process of law and to comply with courts  judgments when these  are unfavorable to the  government the use of these enforcement agencies has been in doom  because of the normal philosophy  that  the government are above the law this means also that people in government and particularly those in the executive, can abuse their  powers  and positions to promote their  own interests, through arbitrary acts and corruption. This same law enforcement  has recorded  several corruption and laundering  both  the executives and non-executive who has done more  than harm to our nation outside the country yet, the individuals are above the law (in quote). If the laws and polities will be successful, Nigeria leaders must follow. Some guidelines that is, create an institutional independence of the law; the rule of law must be above every body government individuals and the society, secondly legal rationality and justification. Another fundamental normative value of the rule of law, that is rational provisions justifications for law governing a state or country requires that official decisions be justified in law and therefore be reasoned  and non arbitrary with respect to the general legal laws and standards, this fundamental normative also  gives regulatory of all legal process and treating of cases alike both writing laws and unwritten laws in practice this will lead to transparency, public disclosure and the availability of legal and human rights the protection of fundamental human rights within a society is the primary objectives of both laws and politics, it is absolutely important that the government read and understand what politics and laws explains before making and deciding to rule in a democratic dispensations.
In the words of honorable justice Emmanuel Ayoola the chairman of ICPC when he said “let the warning be given that whoever seeks to fight corruption must first understand that practitioners of corruption come in different forms, there are closet practitioners of corruption. They must be exposed. There are deliberate practitioners of corruption. They must be severely, dealt with. There are unwitting practitioners of corruption. They must be educated there are practitioners of corruption who feels morality justified to practice corruption who re-define corruption to exclude their nefarious conduct. They must be neutralized. There are do gooder practioner of corruption who cover corruption with philanthropy in order to ensure an army of beneficiaries who will shield them from being brought to justice when caught in the nefarious act. Their hypocrisy must be exposed to public ridicule. The classification of the practitioners of corruption is endless. Classifying the practitioners of corruption is not a mere academic exercise. To the fighter against corruption, it is an indispensable tool in the formulation of the anti-corruption strategy and policy.
In conclusion, we should all note that Nigeria is well endowed with abundant human and natural resources and the solution for addressing this political problems and this consolidate democratic governance that works on the basic principles of good governance to Nigeria people.
Success is not a property of Americans, and Europlain and poverty is not an in heritage of Africans (Nigerians), but a product of good mind and good leadership.
Comrade Osondu Chukwuemeka Benedict and Dauda .M.
Barrack Obama said today that politics has become too gummed up by money and influence and then Bill Clinton said politics gives guys so much power that they tend to behave badly.
Politic should not be do or die or victory affairs but, should show unity among the public and world at large. Let our politics be with principles and Human character. Nobody is above the law.

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