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

_____________________________________

frednwaozor@gmail.com

Twitter: @mediambassador            

Jibrin's Suspension: One Wrong, Too Many

JIBRIN’S SUSPENSION: ONE WRONG, TOO MANY

       The last time I checked, everyone mortal was guilty of a criminal tendency. It’s not anymore news that whenever a child intends to dodge a punishment, he would employ antics that would make his superior overlook, or not to remember, the misdeed. If a child could possess such criminal tendency, why would someone confidently assert that there is a full grown adult that doesn’t have the potential to commit crime, or indulge in any wrongdoing?

       As we attempt to answer the above question, I would advise us to equally readjust our reasoning faculty in order to suit the topic of the day. Penultimate week, precisely on Wednesday 28^th September 2016, the former chairman of House of Representatives’ Committee on Appropriation in the person of Mr. Abdulmumin Jibrin was definitely suspended by the House Committee on Ethics and Privileges headed by Mr. Nicholas Ossai.

       It would be recalled that the House under the leadership of Mr. Yakubu Dogara, has upon resumption on 20^th September 2016 directed the Ethics Committee to investigate the ongoing budget padding scandal, which was raised prior to the assembly’s recess that lasted for two months, and report back to the house within a week with its findings and recommendations. The suspension is meant to last for 180 legislative sitting days of the House, starting from the aforementioned date.

       It’s noteworthy that, the House members sit three days in a week. In other words, the stipulated duration for the suspension is approximately equivalent to one year in the Gregorian calendar. Mr. Jibrin is equally expected to tender an apology letter to the House towards expiration of the purported punishment. The suspension would see the victim out of the premises of the House within the stipulated period. According to the committee boss - Mr. Ossai, in accordance with the House Code of Conduct, Mr. Jibrin is not eligible to handle any position or responsibility as long as the eighth assembly lasts.

       Mr. Ossai said that the decision of the Ethics Committee was majorly informed by Mr. Jibrin’s inability to appear before it when asked to do so, coupled with ‘other misconducts’ of the lawmaker. It’s worth noting that Mr. Jibrin failed to answer the call of the committee two weeks ago - Friday 23^rd September, for questioning, with the reason that the committee lacked the locus standi to interrogate him since the matter in question was already in court. Therein, the embattled lawmaker sought for court injunction to stop the committee from exercising such ‘unlawful act’, but his effort proved abortive prior to the emergence of the suspension.

       It’s really mind-boggling, perhaps fascinating to acknowledge that when the motion pertaining to the suspension called for voting from the overall honourable members on the floor of the House, as was presented by Mr. Speaker, all the legislators present at the sitting – excluding Mr. Jibrin unanimously seconded the motion. The overwhelming support won by the motion remains the highlight of the outing.

       It’s very disheartening that amidst the ongoing recession, what the lower chamber of the National Assembly (NASS) could first entertain to was the budget padding scandal, with the intention of ostracizing the whistle blower. It’s even more worrisome when realized that the case in question is currently being entertained by a law court of competent jurisdiction. This very action has made me to believe that the recess embarked upon by the House members was merely used to deliberate on how to conspire against a colleague that is seen as a threat. Hence, I unequivocally refuse to be convinced that the abrupt action wasn’t occasioned by conspiracy.

       I wonder why the members couldn’t ‘conspire’ toward ensuring that the speaker steps down while the investigations last; rather, they chose to do otherwise. Isn’t it amusing to acknowledge that the so-called investigations conducted by the Ethics Committee were done under the leadership of the same man who was being accused of the scandal; how do you reconcile this? The legislators, instead of focusing on issues that would salvage Nigeria from the unbearable lingering recession, they preferred to indulge in matters regarding personal interest. Yet, they would proudly tell us that they are representing our collective interest. It’s amusing that the melodrama is happening amidst the anti-graft war era.

      Come to think of it, why couldn’t the court issue an injunction to stop the committee from carrying out such uncalled duty? Someone might say, it was an internal affair of the House, thus no one/authority could stop it from doing so; if this presumption truly holds water, it implies that the judiciary lacks the power to call the legislature to order. Then, if this is the case, it would be better to scrap the former (judiciary) from the country’s constitution.

       For crying out loud, when the lawmakers become lawbreakers, as in this case, it is the duty of the judiciary to remind them of their obligations. The judiciary was basically established to interpret the law with a view to maintaining its rules; it is the statutory duty of the judiciary to ensure that the rule of law prevails, or is sustained, at all cost. I got baffled each time I observe the highly revered institution doing otherwise, or overlooking its fundamental functions as stipulated in the Nigerian Constitution. It’s high time we got it right, at least for once.

        I strongly belong to a school of thought that’s of the view that a mistake can be pardoned, but a blunder is conspicuously unpardonable. The point remains that, Mr. Jibrin’s suspension is arguably ‘one wrong, too many’ that needs to be addressed in earnest by all concerned bodies. The error must be corrected; else, we ought to be prepared to witness the unthinkable among our ‘lawmakers’. 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

         

Celebrating 2016 World Teachers' Day

ENCOURAGING TEACHING PROFESSION AT ALL COST AS THE WORLD MARKS THE 2016 WORLD TEACHERS’ DAY ON WEDNESDAY OCTOBER 5

    

       Today, Wednesday October 5, the global community is commemorating the 2016 anniversary of the World Teachers’ Day. In view of the unavoidable impact of teachers on any society, in 1994, the United Nations Educational, Scientific and Cultural Organization (UNESCO) reached a unanimous resolution that October 5 of every year should be observed by all the UN Member States as World Teachers’ Day. The annual World Teachers’ Day, which is aimed at mobilizing support for teachers as well as ensuring that the needs of future generations would continue to be met by teachers, was first commemorated in the year 1994.

        According to UNESCO, World Teachers’ Day represents a significant token of the awareness, understanding and appreciation displayed for the vital contribution that teachers make to education and global development. On its part, Education International (EI), which is the global union federation that represents education professionals worldwide, strongly solicits that World Teachers’ Day ought to be internationally recognized and celebrated around the world.

        No doubt, every right thinking person eagerly wishes to know what he/she does not or is yet to know. Such attribute can be referred to as ‘man’s quest for knowledge’. In the same vein, for anyone to acquire any form of knowledge, he must be taught by someone or something. In a situation whereby the knowledge recipient is being taught by a non-human such as book, internet, or as the case may be, it is worthy to note that that material or avenue through which he/she acquired the knowledge was invented by someone or a human. In other words, teaching cannot be possible without the effort of a person.

        Someone who impacts knowledge to other person(s), directly or indirectly, is generally referred to as a teacher. In a concise term, a teacher is someone who teaches others better ways of doing something or a better way of living. He can also be described as someone who helps or contributes meaningfully in the uplift of someone else’s educational status or level. Hence, teaching is simply the act of impacting knowledge. On the other hand, education, in a general sense, is the means through which the aims and habits of a group of people lives on from one generation to another.

       Sure, anyone can be identified as a teacher, considering the relationship that exists between the persons involved.  It would equally interest us to acknowledge that, there are those or group of persons who embrace teaching as a profession; this set of people could be regarded as institutional teachers. The latter are the people the World Teachers’ Day is targeted to celebrate.

        The institutional teachers are the ones that are often recognized as ‘teachers’ owing to the fact that they are the only persons that bring out their time, energy, resources, and what have you, to the fullness, to ensure that knowledge is fully and duly obtained by its seekers. Among all, anyone who practices teaching or who takes teaching as a profession, must had passed through a certain professional training in a higher citadel of learning, particularly an education institute.

        In most nations, it is disheartening to note that this set of people known as teachers, who had contributed immensely and relentlessly to the socio-economic development of the nation, are treated poorly as regards payment of salaries among other incentives. It is even more pathetic and disgusting to acknowledge that in some quarters, these persons whom are meant to be the leading professionals are regarded as second class, if not third class citizens.

       If the truth must be told, then we all must agree that it is only an insane man that is yet to comprehend that teachers are the building block of any nation or society. Needless to say; they remain the rudiments or foundation on which any nation is built. So, when realized that same set of individuals are invariably relegated to the background, it becomes a thing of worry to anyone who truly means well for his country, or immediate society.

       As Nigeria joins the rest of the world to commemorate the 23^rd anniversary of the World Teachers’ Day, the civil society coupled with other stakeholders are expected to encourage the teaching profession by ensuring that the following conditions are reached by any employer:

v Good and enticing employment conditions including appropriate contracts, salaries, and prospects for career progression and promotion.

v Conducive and charming work environment.

v High quality pre- and in-service training.

v Effective management to include a teacher’s recruitment and deployment.

       The international community and various governments need to stand firm and united to support teachers as well as quality learning worldwide, especially in those countries where the highest number of out-of-school children exists. In this regard, they are meant to acknowledge that an education system is only as good as its teachers. The various existing teachers’ unions are also expected to support their respective governments in the area of maintenance of sanity in our schools. By so doing, anomalies to include mediocrity, laxity, apathy, truancy, and other nonchalant attitudes found among most present days’ teachers would be totally eradicated.

        The above measure, if properly implemented in Nigeria, would enable every teacher in the country to proudly identify him/herself as a ‘teacher’ regardless of the circumstance, which would definitely help to uplift the country’s educational standard. Thus, we are expected to support this remarkable crusade with utmost passion. Think about it!  

COMR FRED DOC NWAOZOR

(The Media Ambassador)

-Public Affairs Analyst & Civil Rights Activist-

Chief Executive Director, Centre for Counselling, Research

& Career Development - Owerri

_____________________________________

frednwaozor@gmail.com

http://frednwaozor.blogspot.com

Twitter: @mediambassador