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Fred Itua, Abuja
Immediate–past Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, yesterday told the Senate detainees like the leader of the Islamic Movement of Nigeria (IMN), Ibrahim Yaqoub El-Zakzaky, Dasuki Sambo and others yet to be released despite valid court orders, are still being incarcerated in the interest of the country.
Malami who is one of the ministerial nominees, while fielding questions from senators as part of his confirmation hearing, said those yet to be freed in spite of court orders pose security threat to the country and that it was in national interest to ignore such court rulings.
Senate Minority Leader, Enyinnaya Abaribe, in his question, enquired from Malami why he refused to release those incarcerated, despite being granted bail by competent courts when he held sway as Minister.
Responding, he said he has the responsibility to protect the rights of every Nigerian. Quoting Section 174 of the 1999 Constitution as amended, he claimed that his responsibility is to protect public interest.
He added that in a case where the interest of one man interferes with that of the nation, the public interest will prevail. He said: “Abaribe asked the question relying on Section 36, 37 and 38 of the Constitution as they relate to the rights of the individual. I concede that I have had the responsibility to protect the rights of every Nigerian.
“The office of the AGF is made to protect the rights of individuals and cooperate rights. But Section 174 of the Constitution is explicit that where the individual interest/right conflicts with public interest, public interest prevails.”
He quoted a court judgment which he claimed gave credence to the long incarceration of a former Niger Delta militant, Asari Dokubo. He said if the rights of an individual pose a threat to the collective safety of the country, national interest will be considered first. Malami, speaking further, told the upper legislative chamber that during his time as Minister of Justice, about 63 terrorism cases were instituted against suspects.
Of this figure, he said 59 convictions were secured within the period. He further revealed that over 4,400 criminal cases were instituted against suspects across various courts in the country.
He said: “About 59 terrorism convictions out of 63 cases within a space of four years were secured when I was the Minister of Justice. Over 4,400 criminal cases were prosecuted within a space of four years.”
Responding to a question from one of the senators, Malami said the only way to ensure that bills are passed into law is to have a collaboration with the Executive. He said what is obtainable right now is a system where public opinions are entertained. He said the pattern must change if the Bills must secure presidential assents. He said the Executive must be consulted before an action is taken on a Bill expected to be signed into law by the president. He told senators why the Petroleum Industry Governance Bill (PIGB) was rejected by President Muhammadu Buhari.
“The interest of host communities were compromised. Self-serving portions were brought into the bill. So much powers were conferred on an individual instead of an institution. If there was an understanding with institutions that had direct bearing with the Bill were consulted, it wouldn’t have been rejected by the president,” Malami said. At the end of the day’s exercise, seven more nominees were screened, thereby bringing the entire number of those screened so far to 31.
“On Monday and Tuesday, the other nominees will be screened,” President of the Senate, Ahmad Lawan who presided, announced to his colleagues.
