Judges' Arrest, DSS and My Worry

JUDGES’ ARREST, DSS AND MY WORRY

       The last time I checked, the real change has arrived. Between the night of Friday October 7 and early morning of Saturday October 8, 2016, seven Nigerian judges of different jurisdictions were arrested in their respective homes by the Department of the State Security Services (DSS) over alleged involvement in various corrupt practices. The judges arrested are Justices Inyang Okoro and Sylvester Ngwuta of the Supreme Court; Adeniyi Ademola of the Federal High Court, Abuja; Muazu Pindiga of the Gombe High Court; Kabiru Auta of the Kano High Court; Mohammed Tsamiya of the Court of Appeal, Ilorin; and the former Enugu State’s Chief Judge, Innocent Umezulike.

       It would be recalled that Justices Umezulike, Auta, and Tsamiya had earlier been recommended for sack by the National Judicial Council (NJC) for alleged fraud and corruption. The seven of the arrested judges were reportedly detained in the DSS headquarters, Abuja till the following week pending when they would tender the requested statements as well as other correspondences expected of them. It’s worth noting that, aside the judges, some members of the registry staff of the relevant courts have been invited by the DSS for interrogations.

       It was gathered that the said security agency recovered several sums of huge amount of money, which were in different foreign currencies and the naira, from the various homes of the affected judges. The agency has equally disclosed that, at least, eight more senior judges, both in service and retired, are currently being investigated for corrupt acts, and may be arrested anytime from now.

       The judges’ arrest has been greeted by countless criticisms and counter reactions from various individuals and corporate bodies across the federation, particularly the Nigerian Bar association (NBA). On Saturday 8^th October, the NBA through its President, Mr. Abubakar Mahmoud (SAN) declared a state of emergency in the judiciary having asked President Muhammadu Buhari to order the immediate release of the affected judicial custodians or be prepared to face the severe consequences.

       The press statement, which was made in Lagos State in the company of the four past presidents of the association among other notable Senior Advocates of Nigeria (SANs), claimed that the affected Supreme Court justices were ‘abducted’ alongside their families. The aforementioned boss, who condemned in its entirety what he termed the ‘Gestapo-style operation’ of the DSS, went further to announce the inauguration of an emergency cum crisis management team, comprising the former NBA leaders, to engage with the Federal Government (FG).

       I keep wondering what was on the mind of the leadership of the NBA and other concerned groups when they said it was unconstitutional for the DSS to arrest judges. Wasn’t the statement trying to tell us that our judges are beyond arrest, or no authority is eligible to arrest them? If the DSS lacks the power to carry out such concernment, I wonder whose power is constitutionally good enough to do so.

       I would advise our teeming lawyers to always digest the Constitution painstakingly before appearing in the public to put up a statement, especially a very sensitive one of this kind. If the people we entrusted our laws with, could proudly and publicly tender such utterance, I wonder what is expected of other stakeholders let alone the masses. We are at all times required to embrace a deep thought before we make a comment, particularly one of public interest.

       I was awaiting, and still eagerly await, the NBA to inform Nigerians the section(s) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, that stipulates that the country’s law court judges enjoy an immunity, either while in service or retired, that forbids any authority from arresting them when need be. Presently, until further amendment is made, only elected members of the executive arm – either federal or state – are entitled to the immunity clause as specified in Section 308 of the said constitution. So, when someone comes out to cite the contrary, it becomes an aberration; hence, completely unacceptable.

       Even if the judges enjoy an immunity, there’s one tangible fact we must comprehend. The DSS is a special security outfit that operates independently. It does not act within the scope of the extant laws in Nigeria, just as the FBI does in the United States of America (U.S.A). Nevertheless, the DSS acted in compliance with the Administration of the Criminal Justice Act (ACJA) 2015. Besides, it’s noteworthy that, the much derided immunity inherent is not applicable once the persons safeguarded by the section in question cease to function in an immune capacity; in other words, the clause itself has a limit.

       I reliably learnt that the bone of contention regarding the arrest was the way and manner in which it was conducted. Yes, the judges’ homes were reportedly raided. But, it would be preposterous for the aggrieved parties not to consider the reason that informed such pattern. We have been told by the DSS that some of the judges initially resisted arrest with the help of the governors of the respective states where they are serving, Rivers State precisely. To this end, the DSS personnel were left with no option than to carry out a ‘depredation’. The point is that, the DSS can use any mode to arrest any suspected culprit provided it has a tangible purpose for doing so. So, let’s not get it twisted.

       My intense worry right now is not about the arrest, but the awaited prosecution. There are four major procedures to be taken towards serving justice, which are: investigation, arrest, arraignment, and prosecution. Now that these men have been arrested, Nigerians cannot wait to see that they have been arraigned. After the arraignment, it is still judges that would super-head their prosecutions. So, how can we be assured that the prospective prosecuting members of the bench would rule against their highly revered colleagues, if they are found guilty of the accusations?

       It’s obvious that the judiciary has been the prime setback faced by the ongoing anti-graft war boldly staged by the President Buhari-led administration. Thus, this jinx broken by the current DSS’ Director General, Mr. Lawal Musa Daura ought to be described as way forward. It’s indeed high time we got it right. Think about it!

Comr Fred Doc Nwaozor

(TheMediaAmbassador)

-Public Affairs analyst & Civil Rights activist-

Chief Executive Director, Centre for Counselling, Research

& Career Development - Owerri

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frednwaozor@gmail.com

Twitter: @mediambassador