Thread by @jayirags

TRIAS POLITICA (Separation of Powers)

The concept, TRIAS POLITICA was developed by 18th Century French philosopher Charles Louis de Secondat, baron de la Brede et de Montesquieu in his publication Spirit of the Laws. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

Baron M asserts that the political authority of the state should be divided into three powers: legislative, judicial, and executive. These three powers must be separate, operated by different persons, and independently. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

The separation of these powers is a key element of the principle of “checks and balances” designed to prevent tyranny, concentration, or abuse of power by “kind bullies” or their overexcitable agents. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

TRIAS POLITICA is a cardinal principle of Nigeria’s Constitution. The 1999 Constitution clearly identifies the powers and functions of the different arms, their extent and the limits thereof. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

Under the 1999 Constitution, one arm of government makes laws, another interpretes, and the other enforces the law. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

In Nigeria, laws are made by either the National Assembly (NASS) as “Acts”, by State Assemblies (SHA) as “Laws”, or by Local Government Legislative Councils (LGC) as “By(e)laws”. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

These laws are interpreted by the Judiciary; and enforced by the Executive. It is judicially established that no arm can purport to usurp the power of the other; nor can any other body make, interpret, or enforce law in Nigeria #Malami #TwitterBan #KeepitOn #LaiMohammed #Bubu

The recent, ludicrous, purported “banning” of twitter by “executive proclamation”, and the alleged statement criminalising the use of Twitter; is either: a fundamental misunderstanding of law VS policy, or executive rascality. #Malami #TwitterBan #KeepitOn #LaiMohammed #Bubu

A crime is an act which is proscribed by valid law, and for which punishment is prescribed. A policy is not a law, but a statement of intent, or a course or principle of action, proposed by an individual or organisation. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

No individual/organisation can be prosecuted solely on the basis of a policy. Therefore, any proclamation which is not the product of a valid law, is a mere policy and cannot be used to criminalise conduct. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

The Attorney General of the Federation (AGF) as the chief law officer of the federation should understand the difference between law and policy, and properly advise the FG. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

If the statement criminalizing the use of twitter emanated from the AGF, the learned SAN appears to have failed, neglected, or refused to understand and properly convey the distinction between law and policy. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

Any legal practitioner who cannot properly distinguish between law and policy is not worth his weight in soil and should not enjoy the privileges of SAN, the highest rank attainable in the legal profession in Nigeria. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

On the basis of the foregoing, the Nigerian Bar Association (NBA) must rise to occasion to remind the learned SAN and AGF that legal practitioners must be exemplary in character, learning, and conduct. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

For the future, the Legal Practitioners Privileges Committee (LPPC) should thoroughly screen candidates for elevation to the rank of Senior Advocate of Nigeria (SAN) to prevent avoidable legal errors and misadventures. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

Legal errors are unavoidable, however, considering that the current inexcusable gaffe denotes a gross misunderstanding of a Nigerian secondary school’ (High School) subject “Government”, speaks volumes. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu

This “banning” exercise is a reminder that quality education is indispensable; and is a reminder of the consequence of venerating a certain widely celebrated “Nepa Bill Certificate” over quality education. #Malami #TwitterBan #KeepitOn #VPNs #LaiMohammed #Bubu