As NBA Makes Fantastic U-turn

AS NBA MAKES FANTASTIC U-TURN

        It’s indeed mind-blowing to realize that after all the brouhahas made by the Nigerian Bar Association (NBA) alongside its allies, following the recent clampdown on some judges by the State Security Service (SSS), it has thought it wise to brace up to the reality.    
         Speaking on Thursday 20^th October 2016 during the valedictory court session held in honour of Justice Sotonye Denton-West of the Akure Division of the Court of Appeal, the association’s President Mr. Abubakar Mahmoud (SAN) noted that towards safeguarding the sanctity of the judiciary, it had become imperative for the arrested judges to excuse themselves from further judicial functions.

        He equally suggested that they may proceed on compulsory leave until their innocence is fully established. The NBA boss went further to state that the bar has set up a task force after its meeting with the Minister of Justice and Attorney General of the Federation as well as past and serving leaders of the association, to urgently review the recent developments and come up with clear specific recommendations on how best to clean up the nation’s judiciary toward rebuilding confidence of the citizenry. He concluded with the anticipation that the report is expected to be available in two weeks time, having called on the National Judicial Council (NJC) to suspend the judges if they fail to comply to the directive.

        It’s noteworthy that four of the judges arrested between October 7 and 8, 2016 are still serving whilst the rest of the three had been recommended for compulsory retirement and dismissal by the NJC prior to the clampdown. Suffice it to say that the NBA boss was actually referring to the four.

        Personally, I was not surprise regarding the abrupt U-turn made by the NBA. I knew as acclaimed learned professionals, they would surely agree with the content of the constitution. The drama earlier performed by them was what is known as ‘self defence’ when discussing crime and security. Self-defence is a legal measure required by one to save himself when his life is in danger, or someone else is making physical attempt to claim it. If one commits murder while employing self-defence, the law is liable to forgive him for such crime committed if proven beyond doubts that his actions weren’t informed by any criminal tendency.

        So, the NBA alongside the NJC was trying to safeguard the integrity of the judiciary that was ostensibly under ‘attack’ as was staged by the SSS. They were taken unawares and they were of the view that their lives were in danger, thus they decided to employ the self-defence tactics. Little did they know that the DSS was only trying to protect their lives, and not the other way round. Remember, they hadn’t experience such before. Hence, making such a U-turn was something I saw coming. I wasn’t taken unawares, that’s why I only smiled the moment I got the news on my desk. I am sure the NJC has also jettisoned its sword, even though the Chairman has disclosed that none of the indicted judges would be suspended.

       Now, I’m deeply perturbed. Some of the arrested justices, such as John Okoro and Sylvester Ngwuta, have alleged that some of the serving ministers respectively made attempt to bribe them over a few of the court cases they handled recently. They made the shocking allegations via separate epistles they sent to the NJC. Should we fold our arms and allow such striking accusations to be buried? No, something must be done. Doing otherwise would be the biggest mistake to be made by the relevant law enforcement agencies. Thus, investigations in that regard ought to commence without much ado. This is when the FG needs to practically prove to the people that it is not biased.

        I’m equally baffled over the way and manner most of these anti-graft agencies handle cases in recent times. Sometimes, we would observe that investigation commences after an accused person had been arrested; this is absurd and totally unconstitutional.  Arrest is meant to be preceded by investigations, and not otherwise. An arrest marks the end of any ongoing investigation in respect to the case in question. As soon as an allegation or petition is tendered, investigation commences, then followed by an arrest. An arrest is constitutionally succeeded by arraignment; meaning literally that the moment an indicted person is arrested, you are expected to file a suit against him/her in relevant court of competent jurisdiction.

        My second concern is the duration of court proceedings in Nigeria. Some prosecutions linger for many years. The legislature really needs to address this lapse if we must get it right. Let’s amend the constitution and other relevant Acts toward creating a stipulated duration a certain prosecution is bound to last. Civil, criminal, and electoral cases ought to have a particular period of time they are meant to last in any court of law they are being entertained, irrespective of its jurisdiction.

        However, now that our judges have been found culpable, and they are required to be tried by a law court soonest, the question is: who is going to try them? It’s obvious that they would be prosecuted as well as convicted, if need be, by their colleagues. So, what’s the guarantee that the proposed prosecution, and the awaited justice, would be done dispassionately by these judicial custodians? Think about it!

Fred Doc Nwaozor

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