Desempeño profesional del docente (conclusión global)

The examination of this heading should begin by recalling the dictum of Eso JSC in Ariori and Ors V Elemor & ors (1983) ANLR 1 at 19 where he said: "Having regard to the nascence of our Constitution, the comparative educational backward ness, the socio-economic and cultural background of the people of this country and the reliance that is . being placed and necessarily have to be placed, as a result of this backgro und on the courts, and finally the general atmosphere in the country, I think the supreme court has a duty to safeguard the fundamental rights in this country, which from its age and problems that are bound to associate with it, is still having an experiment democracy ".

The following cases serve as a clear testing of attitude of the Supreme Court to the entrenched provision of the Rights to life:

In Aliu Bello V Attorney -General of Oyo State, t he Oyo Stat e Ministry of Justice sanctioned the execution of the appellant convicted of armed robbery but whose appeal was pending in the court of appeal. Aniagoli JSC gave vent to his deep annoyance at such flagrant breach of, the Constitutional Provision when he said (at pg 860).

"This is the first case in this country of which I am aware in which a legitimate Government of this country-past or present, Colonial or indigenous-hastily and illegally snuffed off the life of an appellant whose

appeal had vested and was in being, with no order of court upon the appeal, and with a reckless disregard for the life and liberty of the subject and the principle of the rule of law. The br utal incident has bespatte red the face of t he Oyo State Gover nment with the paint-brush of shame".

These are strong words, but they indicate the abhorrence which the Supreme Court has against the illegal taking of life of any person within our borders outside the provisions of the Constitution and outside the procedural rules laid down.

In the Governor of Lagos State V Chief - Odumegwu Ojukwu and Anor.

(1997) I,NWLR (pt 482) 429. The Supreme Court castigated the executive Lawlessness displayed by the Military Administration and, authority in ejecting the Respondent forcefully and unlawfully from his residence, it was a disrespect for the Rule of law which they (the military) claimed to be cornerstone of their administration. This made Oputa, JSC to observe as follows:

The rule of Law pr esupposes:

1. That the state i ncluding Lagos State Gov ernment is subject to the Law.

2. That the judiciary is a necessa ry agency of the rule of law.

3. That the gover nment including the Lagos State Gover nment should respect t he right of individual citizens under the rule of law.

"I can safely say that here in Nigeria even under military governme nt the Law is no respecter of persons, principalities, governme nt or powers and that courts stand between the citizens and government alert to see that state or gover nment is bound by the Law and respect t he Law".

Whilst Eso JSC, who wrote the erudite lead judgement in Ojukwu’s case stated about the rule of law in these terms. "The essence of rule of law is that it should never operate under the rule of force or fear, to use force to

equity is an attempt to infuse timidity into court and a sabotag e of the cherished rule of law. It must never be".

Self Assessment Exercise 3.2 Has the court supported violence of rights in Nigeria, if not prove your case with decided cases

The decision of the executive is final discuss this in relation to Aliu Bello V Ag (Oyo State).

Another case that demonstrates the court's high regard for entrenched provision of the Constitution on the liberty of citizens is the case of Hon.

Justice Nwachukwu. Nwachukwu was a High Court judge in Imo State. He was appointed Chairman of a commission of inquiry to look into certain contracts awarded by the government between 1979 and 1983.In the course of the proceedings of the commission Hon. Justice Nwa-Nwachukwu receives a……… …….making an investigation whatever he ordered the arrest of Dickson Ikonne. There had been along history of mutual animosity between the two men, which had nothing to do with the proceedings or the subject of the commission. Ikonne applied to a High Court to quash the warrant of arrest, which the court did.

Subsequently, Hon Justice Nwa-Nwachukwu obtained leave to appeal against the order of the judge Ikonne then appealed to the Supreme Court. Aniagolu JSC in Dickson Ikonne V Commissioner of Polic and Hon Nanna Nwa -Nwachukwu (1986) NW LR 473 at 496 sai d

"It is clear from the faces of this matter on appeal that the judge, the Hon Justice Nnanna Nwa-Nwachukwu; had no valid legal reasons for issuing the warrant of arrest complained of in his appeal. The issue of the warrant of arrest was, in the circumsta nces of this matter or appeal, an abuse of legal process, an abuse of judicial authority, it is particularly painful that"