Disobedience To Court Order: A Cause For Alarm In The Field Of Human Rights By: Hameed Ajibola Jimoh Esq.

The Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution- has also clearly made provisions for the powers, functions and jurisdiction of courts of records- both those for the Federation and those for the State- as provided in Section 6 of the Constitution thus ‘6.—(1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation. (2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution for a State. (3) The courts to which this section relates established by this Constitution for the Federation and for the States specified in subsection (5) (a) to (i) of this section shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record. (6) The judicial powers vested in accordance with the foregoing provisions of this section— (a) shall extend notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law ; (b) shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person’. However, despite the importance of a court of law as the third arm of government in resolving disputes, it is becoming a common case for some individuals and the government to refuse, neglect and or reject to obey a valid and subsisting decisions of court. This, the writer of this paper considers as a cause for an alarm in the field of human rights, hence, the writing of this paper. In the field of human rights, and especially in a democratic system of government, the existence of a court of law is very important. Without the court of law, human rights might come to extinction and the society and of course, the nation, might turn into disorderliness, anarchy and blood-pool. A society where every man and everyone puts law into his own hands. A situation where jungle justice is preferred to any legal settlement. A situation where the rich only dominate the society while the poor become their slave and servants at command. A situation where everything falls apart. So, a situation where a court’s order is disobeyed without any remourse as if all is well, should be avoided by government and all persons. Most especially, in the field of human rights, it is the court that protects the rights of a common man. This is what the Constitution recognizes and provided for in section 46(1) of the Constitution thus ‘46.—(1) Any person who alleges that any of the provisions of this Chapter has been, is being or is likely to be contravened in any State in relation to him may apply to a High Court for redress. (2) Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of the provisions of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement within that State of any right to which the person who makes the application may be entitled under this Chapter. (3) The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this section.’. Also see: Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009-herein after referred to as the FREPR. Therefore, as lawyers, we hold the professional responsibility of upholding the rule of law, which is a core in the field of human rights, and to promote the cause of justice. We should ensure that all our clients obey the rule of law, and respect the court’s order where no appeal is necessary or has been made against such order or decision. Also, our government has the duty to lead this country by example. Rule of law and constitutionalism should be respected always. Finally, it is humbly submitted by the writer of this paper that human rights prospers where there is obedience to court order and the court is the protector of human rights. Also, government and everyone should always show a greater respect for a court of law whether the decision is in favour or against such government or person. e-mail: hameed_ajibola@yahoo.com  ]]>