Mugabe: When unconstitutional acts can be used to protect the Constitution

Opinions are divided over the military takeover of power from President Robert Mugabe of Zimbabwe. VIVIAN OKEJEME seeks the view of some senior lawyers on the interference of the military in a democratic rule which is no longer fashionable all over the world
For years now, military coup does not appear to be fashionable any longer. But last week, the world woke up with the news of military takeover of power from President Robert Mugabe of Zimbabwe, after piloting the affairs of the Southern African country with iron fist for 37 years.
According to reports, Zimbabwe under Mugabe, suffered one of the worst and nerve-wracking economic depressions ever witnessed in the world. His style of ruling was said to be by brute force, breeding no opposition or dissenting voices, seeing that domestic opposition was crushed and put down in most violent and horrendously ways and by the crudest forms imaginable.
Since the takeover of power by the military in that country, it’s been a mixed reaction from world leaders, civil rights activists and lawyers all over the world, where some lauded the actions of the military, while others described it as an abuse of civil rule.

Ouster of Vice President Mnangagwa
Signs that Mugabe’s sit-tight syndrome was coming to an abrupt end when he sacked his Vice President, Emmerson Mnangagwa, over an accusation of disloyalty, disrespect and use of witchcraft to take over power from him.
Consequently, this move according to analysts appears to be the climax of a power struggle between liberation-era figures loyal to ousted Mnangagwa and forces faithful to First Lady Grace Mugabe, believed to be striving to succeed her 93-year-old husband.
Mnangagwa was popular with security forces but had repeatedly clashed with Mrs. Mugabe, 52, whose open ambition alarmed the nation’s senior army commanders.
The ousted vice president was preferred as Mugabe’s successor, considering his role in the country’s guerilla war of 1970 and partly because of his support within the country’s powerful security establishment.
Moreover, most of the international community sees him to be a perfect candidate to succeed the sitting president and guarantee a stable transition and implementation of economic reforms.

Military takeover
Since last week Tuesday, Zimbabwe is under the control of the military days after President Mugabe sacked Mnangagwa as a second citizen of the nation.
A day after, it became apparent the military exercises in the country capital city were not routine as armoured vehicles took up positions outside key sites of power in the capital.
Shortly afterwards, a senior army officer, Major General SB Moyo, Chief of Staff Logistics made a late-night address on the ZBC, the state broadcasting station, after having apparently taking over the station’s output. They denied staging a coup, saying they were targeting “criminals” close to the president.
“We are only targeting criminals around him who are committing crimes that are causing social and economic suffering in the country in order to bring them to justice.
“As soon as we have accomplished our mission, we expect that the situation will return to normalcy. To the civil servants, as you are aware, there is a plan by the same individuals to influence the current purging that is taking place in the political sphere to the civil service. We are against that act of injustice and we intend to protect every one of you against that.
“To the judiciary, the measures under way are intended to assure that as an independent arm of the state, you are able to exercise your independent authority without fear of being obstructed, as (has) been the case with this group of individuals.

Lawyers’ reaction
In the wake of this development, some prominent lawyers in Nigeria have expressed divergent views on the forceful change of power in Zimbabwe, with the view that military coup is no more fashionable.
A senior advocate, Malam Yusuf Ali, said every respecter of the rule of law should not clap for what the soldiers have done in Zimbabwe, describing the action of the soldiers as illegal which should be condemned in its entirety.
Ali said: “Honestly, I don’t think we should clap for the actions of the soldiers in Zimbabwe. He (Mugabe) has been using the military to perpetuate himself in office all these years. What they should have done is to look for a constitutional means to get him out of power. If an action is illegal, it should be condemned by all.”
Also speaking, another silk, Mr. Ahmed Raji said he would have expected that the embattled Vice President of Zimbabwe, who was aggrieved, should have approached the court to seek redress and challenge his removal instead of the intervention of the soldiers. He aligned with Ali’s submission that what the military had done was illegal.
However, the SAN opined that in some cases, one can embark on unconstitutional act to protect the constitution.
“I would have expected them to allow who was aggrieved to go court and challenged the removal of the Vice President and deal with corrupt elements around President Mugabe. What the military has done is illegal. But in some cases, you embark on unconstitutional act to protect the constitution. The military has not come out to tell the world their next line of action. If they stay longer than necessary, it would put a lie to their actions,” Raji said.
On his part, Chief Mike Ozekhome, SAN, said his immediate reaction to the ugly events playing out in Zimbabwe was to shout “good riddance to bad rubbish. Those who make peaceful change impossible make violent change inevitable”.
“The chicken has finally come home to roost. When the expiration date of power comes, nothing can prop it up. It evaporates like dew. My human rights and pro-democracy background do not allow me to support a coup, however couched in flowery terms of ‘we are only targeting criminals around him(Mugabe) who are committing crimes that are causing social and economic suffering in the country in order to bring them to justice”, as done by Zimbabwe’s military.
“His usual cheap fallback position is to blame any such opposition to what he called lackeys of colonial instigation. With a bad economy forcing Zimbabweans to queue for dollars and food and with inflation hitting 50% on a monthly basis, the sit-tight tyrant insists he is the saviour of Zimbabwe, with a streak of redemptive messianism. With an overblown self-aggrandizing ego, Mugabe began to see himself as the lamb of God that taketh away all the sins of Zimbabwe.
“Matters came to a head (the proverbial last straw that broke the camel’s back), when Mugabe dismissed the war-tested veteran Vice President Emerson Mnangagwa, for what he called disloyalty, disrespect and use of witchcraft to take over power from him. Good gracious, witchcraft in the 21st century.
“I will therefore call for caution and resort to constitutionalism, due process and rule of law in handling the nauseating political quagmire in Zimbabwe,” Ozokhome.

Call against rights violation
Furthermore, the Amnesty International has asked the military to be mindful of the rights and security of all the citizens of Zimbabwe irrespective of their political allegiance, adding that they should refrain from any action that will put lives and human rights is jeopardy.
AI also said that the military takeover should not be used as an excuse to undermine Zimbabwe’s International and regional human rights obligations and commitments.

Mugabe’s first appearance since incarceration
Meanwhile, Mugabe, who has been under house arrest for days since the military maneuvering last week, on Friday, made his first public appearance where he was reportedly seen handing out degrees at a graduation ceremony.
With the development, unpalatable signals are been sent to leaders who have clung to power for decades in Africa.
Events are still unfolding, and there is so much uncertainty. In the early hours of the military action, there were no public statements by Mr. Mugabe, his wife Grace or the embattled Mnangagwa. The level to which the parties support or oppose the military actions is still blurring.

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