OBEDIENCE TO LAW AND GOVERNMENT; A VITAL SURVIVAL SKILL IN 2020





“…on the 5th of May 2020, a police officer was instructed by Governor Ifeanyi Ugwuanyi to apprehend a lawyer, seize his phone and “beat him hard” for allegedly violating his lockdown orders. The overzealous officer immediately swung into action and launched his first kick on Izu Aniagu, who was suffering from a health condition called syncope…”





What is law? Law is the whole system of rules that everyone in a country or society must obey. In Governor of Lagos State v Ojukwu (1996) 1 NWLR Pt 18 p.621, SC., law was defined to mean:
1.     The Rules and regulations of a particular country.
2.  The rules usually made by the legislative arm of government which order the way persons, bodies and society should behave; and 
3.    The whole system of rules of a country.

From the above, it is clear that no one is exempted from the operation of law, though there are some limitations to the operation of law which may be territorial/jurisdictional, time related, based on an exception to that law, and so on.
Defining obedience would be wasteful, as we all already know what it means. Constituted authority on the other hand, in the context of our discourse can be said to mean persons who occupy positions of power and are directly responsible for societal governance. It includes any representative or officer who has been properly appointed or elected under the constitution for the government of that country’s citizenry or the society. In this category, we find the President, Legislators, Judicial Officers, Governors, Police Officers, Armed forces personnel, among others.
It is mandatory to obey these persons who have been constituted by law to discharge their lawful duties, whenever their actions are within the ambits of the law. However, when they act in excess of the powers granted them by the law, such actions shall be null and void. This is because the law is binding on both the persons governed and the authorities in government, as obtainable in every democratic society.
The importance of obedience to law and constituted authorities cannot be overemphasised, as Our Constitution[1] in its foremost provision clearly stated thus:

    This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria

As citizens, we have a legal duty and moral obligation[2] to obey the law and constituted authority as those laws are made and the leaders are elected -democratically in Nigeria, in line with the provisions of the constitution.
For any society to ensure security, order and justice, laws and commands are very important. Otherwise, chaos and insecurity would become the order of the day.
To better appreciate the importance of law, one must understand the classification of law. The following are the types/classification of law in Nigeria and their purposes.

    1.     Public and Private Law
2.     Civil Law and Criminal Law
3.     Substantive and Procedural Law
4.     Municipal and International Law
5.     Written and Unwritten Law
6.     Common Law and Equity [3]

PUBLIC AND PRIVATE LAW
The public law can be defined as that aspect of Law that deals with the relationship between the state, its citizens, and other states. It is one that governs the relationship between a higher party — the state — and a lower one, the citizens. Constitutional Law, Administrative Law, Criminal Law, International Law are some examples of public law.
Private law, on the other hand, is that category of the law that concerns itself with the relationship amongst private citizens i.e. the Law of Torts, the Law of Contract, the Law of Trust and so on. [4]
CIVIL LAW AND CRIMINAL LAW
The civil law refers to the relationship between citizens and provides means for a solution if the right of a citizen is breached or abused. Examples of civil law include the Law of Contract, the Law of Torts, Family Law etc.
While Criminal Law is referred to as the branch of Law that regulates crime in the society. The is used to punish actions considered harmful to the society at large. Criminal Code Act which is applicable in the Southern part of Nigeria is an example of criminal law.
The standard of proof to be used is proof beyond reasonable doubt When dealing with a criminal case; as provided in S.135 Evidence Act 2011. Also, the burden of proof does not shift from the prosecution. This implies that before a conviction can be gotten or conclusion arrived at, the state has to prove the commission of the crime to be beyond reasonable doubt.
While in civil cases, the standard of proof is on the balance of probabilities; as provided in S.134 Evidence Act 2011. Also, unlike the criminal law the burden of proof shifts between both parties when they need to establish their case. Judgment is made in favor of the particular party that has been able to prove its case more successfully (better put was able to convince the court).[5]

SUBSTANTIVE AND PROCEDURAL LAW

Substantive Law referred to the main body of the law dealing with a particular area of law i.e. the substantive law relating to Criminal Law includes the Criminal Code Act and the Penal Code Act.
While the Procedural law is the law that deals with the process which the courts must follow so as to enforce the substantive law. For example, the Procedural law includes the rules of the various courts and the Administration of Criminal Justice Act 2015, which is the procedural law in relation to the Criminal Code Act and the Penal Code Act.

MUNICIPAL/DOMESTIC AND INTERNATIONAL LAW

The municipal/Domestic law refers to the branch of law which evolves from and has an effect on members of a specific state.  The Constitution of the Federal Republic of Nigeria 1999 (as amended) is an example of a municipal Nigerian law and it applies in Nigeria only.
Nigeria is a member of the United Nations, the Commonwealth of Nations, African Union etc. and as such are bound by international law. International law refers to the law between countries. The international law regulates the relationship existing between different independent countries and is usually in the form of international customs, treaties, etc. Examples of International law include the African Charter on Human and People’s Rights. Universal Declaration of Human Rights.
It is important to note that according to S.12 of the 1999 Constitution (as amended), although Nigeria is a signatory to various International treaties, it cannot be enforced as a law in Nigeria except they are enacted by the Nigerian National Assembly.[6]

WRITTEN AND UNWRITTEN LAW:

A law is not regarded as a written law just because it is written down in a document. Rather Written laws refer to those laws that have been validly enacted by the legislature of a country.
On the other hand, unlike the Written laws, Unwritten laws are those laws that are not enacted by the legislature. This law includes both customary and case law. Customary Law as part of its basic characteristic generally is unwritten. This originated from the tradition, practices, and lifestyle of the people. The following categories are the traditional classification of customary law is into the:
Ethnic/ Non – Muslim: Is the indigenous law enacted and that applies to the members of the different ethnic groups. There are various ethnic groups each with its own variety and specific customary law in the country. The ethnic Customary law is uncertain, unwritten, and difficult to ascertain. The ethnic Customary law is implemented in customary courts. These courts are at the lowest level of the hierarchy of courts and in several cases, non-legally trained personnel preside over the court.
Muslim Law / Sharia: Since 1959, Islamic law has been in use in the Northern part of Nigeria. Islamic/Sharia/Muslim Law is a clearly written, defined and articulated principles. It is written base on the Islamic religion and was introduced in Nigeria as a consequence of a successful process of Islamization. It is based on the Holy Koran and the teachings of the Prophet Mohammad. The origin of the Sharia which is the Muslim laws can be traced in the Holy Koran and the Hadith (teachings of the Prophet Mohammad).
Case law, on the other hand, though written down in a documentary format is regarded as unwritten law because it is not enacted by the legislature.[7]

COMMON LAW AND EQUITY:

In the legal term, the common law means the law created by the old common law courts of the King’s Bench, the Courts of Common Pleas and the Courts of Exchequer.
The example of such law is English common law because it is law common to all parts of England. The customs, practices, and way of life of the people cause the law to grow over time and it is largely unwritten. The King was the first judge of the common law. The King settled people who had disputes usually brought to him.
However, the king didn’t have time to settle all cases due to matters of state. As a result of the state matter, the king appointed members of his court to settle disputes in his stead.[8]
Ensuring Obedience to Law and Regulated Authority in the society amidst the COVID-19 pandemic:
As we established earlier, the law is binding in every person and everything, including the law itself. This is to say that citizens and aliens, government, companies, businesses, subsequent and extant laws must all be in accordance with the highest law of the land, which in this case, is the Constitution of the Federal Republic of Nigeria.
In a time like this, when the whole world is affected by the spread and devastation of the COVID-19 pandemic, it is necessary to see to it that societal order is maintained and obeyed by all involved.
Individuals must ensure that they obey the directives given by government, as they remain law until a competent court of law declares otherwise. Despite any hardship that the laws are likely to cause, most of them are made with the intention of safeguarding public health, and as a patriotic citizen, it is your duty to see to their strict adherence and compliance. Some state governments have criminalized the violation of the laws and regulations made to contain the Corona Virus, and as such, you owe a duty to the government to report anyone you see violating these laws. It is much more helpful when the community joins the authorities in ensuring compliance than leaving the job to them alone as it would be impracticable to guarantee compliance.

The government in its efforts to contain the spread of the virus must ensure that the laws and regulations being rolled out do not go contrary to the laws of the land and that they go through the required procedure to give it legitimacy. Anything in excess of this might spark an uproar and subsequent civil unrest, which will ultimately defeat the aim of the effort put in by government to curb the pandemic. Armed and unarmed officers must abide by rules of engagement already established for them, in event of default or any protests by citizens. They must also be empathic to the plight of persons who default in obeying the laws and regulations provided, by ensuring that they face the consequences of their actions civilly; not add to their woes by inflicting injuries on them or depriving them of their right to life unjustly. Enforcement of the law should be done with dignity, having regard to the situation of this currently, and not overzealously, as seen in several videos circulating the internet, witnessing armed officers of the army, police, civil defence, etc, molesting citizens, all in the name of enforcement of government orders and regulations. As a matter of fact, a considerable number of persons have died as a result of this violent enforcement of government orders by armed operatives. Just recently, on the 5th of May 2020, a police officer was instructed by Governor Ifeanyi Ugwuanyi to apprehend a lawyer, seize his phone and “beat him hard” for allegedly violating his lockdown orders. The overzealous officer immediately swung into action and launched his first kick on Izu Aniagu, who was suffering from a health condition called syncope. But for Izu’s rather prompt verbal response that he is a lawyer and he had a major health condition; he may have been beaten to death like many other cases around Nigeria.[9] Enforcement of the law should be done with dignity and human sympathy. It is no longer business as usual, and the armed forces should understand this as well.
Arrest should also, not put citizens at risk of death from the virus, or else they may have no option than to resist it. Detainees should be provided with nose masks, soap and running water to keep safe while they face the law. Physical distancing should be encouraged and practiced, and administrative bail should be granted without delay to decongest police cells. If such is not done, there is every likelihood that there will be an increase in the rate of infection amongst detainees, police officers and other people in close contact with arrested persons who are already COVID-19 positive.
With the relaxation of the lockdown across the nation on May 4, 2020, sanctions should also be included in the regulations against companies and establishments which put their employees and associates in a position where the default of government regulations becomes inevitable. Threats of disengagement or actual disengagement of employees who defy working conditions likely to breach the regulations should be met with strict sanctions and should receive ultimate attention from the courts. Such sanctions should also extend to companies which expose their employees to the virus, by not providing a safe working environment equipped with the necessary materials for avoiding spread of the disease. There should also be sufficient supervision of these employers of labour to ensure that their workplace is compliant with the directives accompanying the relaxation of the lockdown.
In conclusion, the policies of government should be practicable and not lopsided. The enforcement of same must be done humanely. The citizens must also show patriotism at this time by enduring the hard times and helping the state out of the difficult situation, as the burden could become unbearable with the rate of depleting resources available to the Nigerian government every day. The relationship between the citizens and the government at this time must be that of two hands washing each other carefully and properly, so as to keep the Corona Virus away for good.


  Get in touch
    For further information, please contact:

    Fred Ogundu-Osondu LLB (Hons) Nig. LLM Nig (In View); BL
    Managing Partner, FRED OGUNDU & CO, LP    -    Nigeria
    Tel +234 813 873 0840
    fredogunduco@gmail.com




[1] Section 1 (1), Part I, Chapter I, Constitution of the Federal Republic of Nigeria 1999.
[2] Romans 7:1; Romans 13, Quaran: verse 59 of Surah An-Nisa.

[3] Sherif Hubris, 25 Aug 2018 Types of law in Nigeria and their purpose. Last accessed on 28th Appril 2020 via https://naijaquest.com/types-of-law-in-nigeria/
[4] Supra[5] Supra[6] Supra  [7] Supra[8] Supra
[9] To read the full story of what transpired between Izu Aniagu Esq and Gov Ifeanyi Ugwuanyi (Alias “Gburu-Gburu” of ENUGU STATE, read his personal account here: https://www.witnessngr.com/enugu-based-lawyer-narrates-story-of-how-gov-ug/