THE DELTA STATE GOVERNMENT'S POSITION ON THE OKUAMA COMMUNITY CRISIS: Legal Implications and Concerns

 

The recent crisis in Okuama Community has prompted the Delta State Government to submit a position paper to the Military Tribunal established by the Defence Headquarters. However, questions arise regarding the legality and fairness of this action, particularly concerning the involvement of the military in adjudicating civil matters and the principles of natural justice.

Firstly, it's crucial to address whether the Delta State Commissioner for Justice, who signed the position paper, is indeed a lawyer. Assuming he is, there remains a pertinent question about his awareness of the legal principles involved. The cornerstone of any legal system is the rule of law, which includes the fundamental principle of natural justice. This principle dictates that no one should be a judge in their own case.

The military's involvement in adjudicating civil matters raises serious concerns about the impartiality and fairness of the process. As noted by several Senior Advocates of Nigeria (SAN), the military lacks constitutional authority to intervene in civil disputes, especially when they have a vested interest in the outcome. Such actions not only undermine the sanctity of the legal system but also erode public trust and confidence in the administration of justice.

Furthermore, the Delta State Government's apparent acquiescence to the military tribunal's jurisdiction reflects a lack of understanding or disregard for basic legal principles. In a democratic society, adherence to the rule of law is paramount to ensure justice and protect the rights of citizens. By submitting to the jurisdiction of a tribunal with questionable legal authority, Delta State risks compromising the integrity of its legal system and setting a dangerous precedent for future disputes.

It is most unfortunate that the state government, entrusted with safeguarding its citizens' interests, tragically succumbs to fear-driven decision-making. Such circumstances highlight the dire consequences when governance prioritizes self-preservation over public welfare, leaving citizens vulnerable and underserved.

The Delta State Government's position on the Okuama Community Crisis raises serious legal concerns regarding the involvement of the military tribunal and adherence to principles of natural justice. The actions of government officials, particularly the Commissioner for Justice, warrant scrutiny and reflection on their understanding of legal principles and their commitment to upholding the rule of law and interests of its citizens. Moving forward, it is imperative that Delta State prioritizes adherence to established legal norms to ensure justice and fairness for all its citizens.