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 8th 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
_____________________________________
frednwaozor@gmail.com
Twitter:
@mediambassador
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