*** Letters between agencies reveal bickering over right nomenclature for Daura

As mixed reactions continue to trail the arrest and investigation of 15 judges nationwide for alleged corruption by the Department of State Services (DSS), it has emerged that the investigation into the judges started as far back as January or February this year, with the correspondence exclusively unearthed by THISDAY showing that the National Judicial Council (NJC) rejected the investigation into the judiciary, citing separation of powers and rule of law.

The NJC also informed DSS that it was not amenable to “invitations being extended to judicial officers by departments and agencies of government for any reason”.

It was the refusal by the NJC to co-operate with the DSS that prompted the crackdown on the judges around the country at the weekend.

Preparatory to their arrests, the DSS on October 5, 2016, had obtained search warrants from a magistrate’s court in Abuja for Justices Nnamdi Dimgba, Sylvester Nwali Ngwuta, A.A. Ademola and John Inyang Okoro.

In the search warrants sighted by THISDAY, all the judges were alleged to have engaged in corrupt practices, falsehood and under-declaration of assets.

The warrants granted the DSS the power to search their residences for money in Nigerian and foreign currencies, bank tellers, computers and other incriminating evidence.

However, after the crackdown the DSS late Sunday night released seven of the judges it arrested between Friday and Saturday, ostensibly because it did not get the co-operation of the NJC.

This was evident yesterday when the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed appealed for calm over the unprecedented arrest of two of his colleagues and other judges of lower cadre, and expressed deep regret over the “distressing and unfortunate incident”.

The CJN, who broke his silence on the issue during the valedictory session held in honour of a retired Supreme Court judge, Justice Suleiman Galadima, also said he was saddened by the event.

Mohammed’s stance was reinforced in a number of letters between the NJC and DSS, which were obtained exclusively by THISDAY, showing that the investigation into the alleged corrupt practices by the judges started early this year.

The letters also showed the reluctance by the NJC to co-operate with the DSS in its investigation of the judges.

In one letter dated April 19, 2016, the NJC through its secretary, Mr. Danladi Halilu, on behalf of the CJN, wrote to the DSS, acknowledging its letter titled, Re: Corrupt Practices of Justice Pindiga, which was dated February, 26, 2016.

In the said letter, the NJC wrote: Reference your petition dated 26th February 2016, to the Hon. President of the Court of Appeal and copied to the Honourable, the Chief Justice of Nigeria and Chairman of the Nigerian Judicial Council, Hon. Justice Mahmud Mohammed, GCON, against Hon. Justice M.A. Pindiga of the High Court of Justice, Gombe State on the above subject matter.

“I have been directed to inform you that your complaint has not complied with the extant Judicial Discipline Regulation 2014 of the Council, as it was not accompanied with a verifying affidavit deposed to by you before a court of record.

“In view of the forgoing, you may wish to comply, please.”

In yet another letter to the Director General, DSS, dated August 29, 2016 and signed this time by the CJN, the NJC acknowledged receipt of a petition dated August 5, 2016 on corrupt practices and professional misconduct by Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court.

It further informed the DSS DG that action was being taken on the petition.

Then in a letter dated September 7, 2016, titled “Re: Corrupt Practices of Justice Pindiga”, which was signed by the secretary of the NJC, the council adopted a more dismissive tone saying that its investigation had not found Justice Pindiga wanting that would warrant his sanction.

It stated: “Reference your Petition No. DGSS.71/3161, dated February 26th 2016 to the Honourable, the Chief Justice of Nigerian and Chairman of the National Judicial Council, Hon. Justice Mahmud Mohammed, GCON, against the Hon. Justice M.A. Pindiga of the High Court of Justice, Gombe State, on the above subject matter.

“At its meeting of 1st and 2nd of June 2016, Council constituted a Fact Finding Committee comprising its members under the chairmanship of Hon. B.A. Adejumo, OFR, President of the National Industrial Court, to investigate the allegations contained in your petition, among others.

“At its meeting which held on the 14th and 15th of July 2015, Council considered and deliberated extensively on the report and noted that the officer that represented your office at the investigative committee, averred that your office could not conduct full investigation of the petition to obtain hard facts to support the preliminary report, as allegedly, your organisation was directed by the Honourable, the Chief Justice of Nigeria and Chairman of the National Judicial Council, to stay further action on the matter to allow the National Judicial Council look into it.

“At the end of deliberation, Council found that the claim by your organisation is not correct, as the Honourable, the Chief Justice of Nigeria and Chairman of the National Judicial Council, Hon. Mahmud Mohammed, GCON, did not stop your office from conducting full investigation so as to obtain hard facts to support preliminary findings and proof of allegations without inviting Hon. Justice Pindiga to your office, having done so when he was serving as the Chairman of the Election Petition Tribunal.

“Consequently, in the absence of any patent evidence to substantiate the allegations contained in your petition against the Judicial Officer, Council was unable to find any act of misconduct to warrant His Lordship being sanctioned.

“Council further directed that while it is appreciative of the wonderful working relationship between the Judiciary and other Arms of Government, in fidelity with the Principles of Separation of Powers and Rule of Law, it is not amenable to invitations being extended to judicial officers by departments and agencies of government for any reason.”

The council’s letter elicited a swift and angry response on September 14, 2016 from the DSS, which first reprimanded the NJC for having the temerity to address the DG of DSS, Mr. L.M. Daura by his name, in its letter of September 7.

Signed by Mr. Ahmed Ahmad on behalf of the DG, the DSS made it abundantly clear that the NJC’s letter should have been addressed to the “Director-General, Department of State Services, simpliciter”, and all correspondence should henceforth bear the correct nomenclature and address of the DG, DSS.

After letting off steam over the correct nomenclature to be used for the DG, DSS, the letter stated: “I am further directed to note paragraph 5 of your letter in which it was stated that the “Council is not amenable to invitations being extended by Departments and Agencies of government for any reason” and to observe that if this is strictly adhered to, it would constitute a serious obstacle on the path of Agencies of Government saddled with the responsibilities of carrying out or conducting investigation into any criminal act by the Judicial Officers concerned.”

The letter went on to remind council that under the provisions of the Nigerian Constitution, “only the president, vice-president and sitting governors and their deputies are conferred with immunity”.
“Even then, this immunity does not exempt them from criminal or security investigation,” it noted.

It said: “In view of the foregoing, and the fact that Council has concluded action on the Pindinga case, I further directed to humbly request you to direct Justice Mu’azu Pindiga to report to the National Headquarters of the Department of State Service to see the Director Operations on 15th September, 2016 at 1100 hours unfailingly.

Responding on the day Pindiga was supposed to appear at the DSS, the secretary of the NJC wrote to the DSS reminding it that its manner of address in the letter of September 7 in which it used Daura’s name and his designation was not disrespectful, nor was it unusual and that the council had in the past written similar official letters to “Mr. President, Senate President, Hon. Ministers, State Governors and Heads of Government Departments, Agencies and Institutions in similar manner by addressing same in their names and designations as well”.

It stated, however, that the council had noted the DSS’ observations and would henceforth address all correspondence to the DG, DSS.

The NJC added: “I am further directed to inform your office that what was communication to the office on the above caption vide letter Reference No. NJC/HC.GM/5/1/134 of 7th September 2016, was the decision taken by the council at its meeting which was held on 15th July, 2016.

“Therefore, all the observations contained in the letter aforesaid, will be presented before Council at its next meeting scheduled for 28th and 29th September, 2016 and the outcome of which will be communicated to your office, instant.

“In the meantime, the Honourable, the Chief Justice of the Nigeria and Chairman of the National Judicial Council, Hon. Justice Mahmud Mohammed, GCON, has directed the Hon. Chief Judge of Gombe State to immediately contact the Subject Judge and to ask him to appear in your office as requested; and the Judge has complied.

Ostensibly, the DSS was believed to have written another letter to the NJC requesting for the records of proceedings of deliberations and or decision of the council, but this was turned down by the council in a letter dated October 7, 2016, thus prompting the DSS to move in to arrest the judges under its watch.

In the said letter signed by Mr. Halilu to DSS, NJC said: I have been directed to inform the Department of State Security Services that by the precedents and practice of the Council with respect to the subject matter, no Record of Proceedings or deliberations and or decision of Council, including the Report of its Investigation Committee are released to the Complainant or Petitioner or Subject Judge or any Institution, save by an order of Court.”

http://www.thisdaylive.com/index.php/2016/10/11/how-njc-rejected-dss-request-to-probe-judges/

Everything is already messed up.

The system must be cleansed

Very detailed.
key points
The judges are not immuned from probe and arrest.
A Valid warrant was obtained
The CJN was reasonable to study the matter before talking (a good sign of a legend) unlike the illiterates online that jumped into conclusoon

Corrupt judges in my land!

Woe betide anyone who support corrupt characters in the judiciary

Baba I support you. Corrupt judiciary. Use any means necessary to get those idiots! They will destroy Nigeria!

Some people will still come and support those Judges with 10mb. It is their work

They should be tried ASAP and thrown into jail. Bunch of rogues. They were too late to know that a new sherrif is in town.

When would the executive act on its corrupt members, they are quick to act on the judiciary and legislature, let the other arms of govt act on the executive, corruption should not be a fight for only does not in buhari's executive.

The price of liberty is eternal vigilance. Nigeria must be very vigilant else we would gradually be harbouring another extremist dictator.

Michaelgates:
Some people will still come and support those Judges with 10mb. It is their work

Am telling you.... I weep for my country. How I wish the DSS will release everything they have on this people to the public so that they will be judged by the Nigerian people and be fully disgraced. No need going to court

d duallrd should remove d log of corruption in d executive before he can see clearly n remove corruption in odas. buratai savings account, abba kyari, mammam daura, danbazau, ameachi n many odas ar there enjoying demselves, yet d dullard have d audacity to go after judiciary, an independent arm of govt.
there's a covert systematic attack on d two arms of govt, d legislature n judiciary by dis daura govt with aim to destroy dem. in buari dullard's view, there's no need for national assembly n judiciary.

i av often avered that Nigeria is nt ripe for pure democracy.the corruption in Nigeria is too endemic to be fought and won by the rule of law.Executive needs dictatorial approach in the fight against corruption to be able to records any meaningful gain.The judiciary is d clog on the wheel of progress of this country.

kahal29:


Am telling you.... I weep for my country. How I wish the DSS will release everything they have on this people to the public so that they will be judged by the Nigerian people and be fully disgraced. No need going to court

thats what the sss should have done, simple

#ThievesTheNewDemocratsNigeria

The judges are not above the law, I wonder why some people are criticizing and condemning this, Some morons has gone as far as calling the arrest a breach of procedure and an attack on democracy, NJC is citing the principle of separation of powers... I told a friend yesterday, a judge that corruptly broke all procedures and collect a bribe does not need any procedure to be prosecuted(live by sword die by sword approach), even the law itself made provision for doctrine of necessity, What attack on democracy is more than corruption?? A certain judge was accused, arrested and prosecuted by FBI in United states and he ended up committing suicide because he felt the shame of been a victim of law when he was supposed to be a custodian of law...The rate at which we are eulogising the corrupt activities and standing in defence of any whistle blown against corrupt individuals is alarming...Now i know why the youths are never the leaders of today, they will continue to be leaders of tomorrow, and do you know what TOMORROW NEVER COMES...

kahal29:


Am telling you.... I weep for my country. How I wish the DSS will release everything they have on this people to the public so that they will be judged by the Nigerian people and be fully disgraced. No need going to court

Nigerian people like you- a retard? C'mon... you need to improve your IQ.

OK...

the picture is clearer now.

there seems to be an 'ego' battle going on between the leaderships of the NJC & DSS which led the DSS to carry out the gestapo like invasion to show the NJC who has the bigger guns...

well, the ego trip aside, both institutions should reconcile their differences & work for the cleansing of not just the judiciary, but the executive & legislative arms of government...

Michaelgates:
Some people will still come and support those Judges with 10mb. It is their work

Self allocated profitless hard and back breaking labour by the way.... Foolish ninnies who have refused to come to terms with the fact that their anger at their substandard living condition is directly tied to corrupt judges.

If politicians don't have them as ally, they would do right since they know they can't steal anyone's madate and get away with it.

Chief Justice Of Nigeria Berates Buhari In Face-to-Face Meeting At Aso Rock (DETAILS)

Mahmud Mohammed, the Chief Justice of Nigeria, CJN, has confronted President Muhammadu Buhari in a face-to-face meeting in the Presidential Villa following the weekend crackdown on federal judges and two Supreme Court justices by the country’s secret police, The Trent can exclusively report.

The meeting, which held in the morning of Monday, October 10, 2016, was at the instance of the Honourable Justice Mohammed, multiple sources reveal.

Present at the meeting were Lawal Daura, the director-general of the Department of State Security Services, DSS, which serves as the country’s secret police and the president of the National Industrial Court of Nigeria, Babatunde Adejumo.

Our findings are that the meeting was very tense and the chief justice did not mince words when addressing the president on the matter. The visibly infuriated CJN tongue-lashed the president for violating the democratic principles of separation of powers and assuming the unconstitutional status of “supervisor” of the judiciary, an independent arm of government.

RELATED: Presidency Confirms That President Buhari Sanctioned DSS Crackdown On Judges

Justice Mohammed accused President Buhari of victimizing the judges targeted in the midnight crackdown by the DSS for refusing to be intimidated by the secret police over the matters of the election petitions of Rivers and Akwa Ibom states.

According to one of our top inside sources, the CJN exposed a series of scare and intimidation tactics carried out by the DSS director general, a kinsman to President Buhari, to make the bench bow to its wishes and overturn the judgement against the current governors of two oil-rich states.

Mohammed expressly accused the DSS DG of using the name of President Buhari in carrying out what he called an “unprecedented attempt to influence the bench and pervert justice” in the country. The president was visibly upset by the revelations and repeatedly denied knowledge of such harassment of of judges by the DSS.

Mr. Daura attempted to deny knowledge of such subterranean moves and claimed that the judges that were arrested, in what the secret police wrongly termed as “sting operation”, were corrupt. A claim which saw the CJN shout him down telling him to shut up and sit down.[/color]

After lambasting the secret police boss, Justice Mohammed proceeded to unreel instances in which Daura contacted judges handling the election petition cases claiming that ruling in favour of the All Progressives Congress, APC, candidates was “what President Buhari wanted”. Again, the president denies issuing such instructions.

[color=#990000]The CJN also revealed that the minister of transportation, Rotimi Amaechi offered the judges millions of dollars to overturn their ruling on the two election petitions. He said the honourable justices rebuffed Amaechi because they were hellbent on delivering a sound judgment on the cases which had been unduly sensationalised by politicians[b][/b].

Justice Mohammed revealed that Amaechi also said that he was acting on the orders of the president and that in actual fact, the judges arrested over the weekend were those who refused to be corrupted by the DSS and Amaechi and insisted on preserving the independence and integrity of the bench.

On this revelation, Buhari presented a disturbed contenance, our sources say. The president requested that the CJN puts down his position which we are reliably informed has been done.

Insiders revealed to The Trent that the climate in Aso Rock is unusually tense following the posture and damning revelations by the CJN.

There are whispers in the corridors that based on the gravity of the allegations against the DSS director and Amaechi, Buhari may let go of the duo to “clear his name from the embarrassing episode’, a top security source told our reporter.

Justice Mohammed went on to describe the DSS action as “very saddening”, “deeply regrettable” and a “distressing and unfortunate” incident when he later addressed the valedictory court session held in honour of a retiring Justice of the Supreme Court, Suleiman Galadima. The attorney general of the federation and minister of justice, Abubakar Malami was conspicuously absent at the event on Monday.

In the early hours of Saturday, October 8, 2016, operatives of the county’s secret police invaded the homes of a number of senior judges and abducted some of them from the homes under the guise of an anti-corruption battle.

“My lords, invited guests, ladies and gentlemen, not to detract from this occasion, it is indeed very saddening and deeply regrettable, the distressing and unfortunate incident which occurred on Friday, October 7 and Saturday, October 8, 2016,” Mohammed said at the valedictory court session held in honour of a retiring Justice of the Supreme Court, Suleiman Galadima

President Buhari appointed Lawal Daura, his kinsman from his hometown in Katsina on July 2, as head of the DSS after firing Ita Ekpeyong. Daura was recalled from retirement as he had retired from the service of the DSS when he reached the mandatory age of 60 according to the Civil Service rules of Nigeria. He is also a member of Buhari’s political party, the All Progressives Congress (APC) and served on the security committee for Buhari’s presidential campaign.

While the election petitions were being heard at the courts, the INEC resident electoral commissioners (RECs) for Akwa Ibom, Austin Okojie, was detained and tortured for 13 days and his Rivers State counterpart, Gesila Khan , was also detained for two weeks by Nigeria’s secret police. The harassment, detention, and torture of electoral officials of the two oil rich states was reportedly connected with the interest of President Buhari in reclaiming electoral victory from main opposition party, the People’s Democratic Party (PDP) in those states.

None of the INEC officials detained by the DSS have been charged with any crime and the election petitions were eventually ruled in favour of the PDP by the Supreme Court

http://www.thetrentonline.com/chief-justice-nigeria-confronts-buhari/

The DSS IS VERY VERY DIRTY!!!! CJN BLOWS HOT

modath:


Self allocated profitless hard and back breaking labour by the way.... Foolish ninnies who have refused to come to terms with the fact that their anger at their substandard living condition is directly tied to corrupt judges.

If politicians don't have them as ally, they would do right since they know they can't steal anyone's madate and get away with it.

Exactly, we want an improved economy without dealing with those responsible for diverting funds which can be used to improve the same economy. We are just jokers in Nigeria

Goke7:


Exactly, we want an improved economy without dealing with those responsible for diverting funds which can be used to improve the same economy. We are just jokers in Nigeria

Jokers of the unfunny and cringe inducing kind!!

Somebody should just scrapped that NJC for the waste its worth.

Mr. Smart.

Those who spent tens of millions to cut grasses at the IDP camp (while the displaced persons starved and prostituted for food) should FIRST be harrased, intimidated and abducted. Then after that, those in the cabinet should follow, then after that those who got into office without the due certificate should be exposed (rather than hiring the "corrupt" legal professionals to cover their fraud). Then after that you can now have a valid moral standing to "harass" the judiciary.

Aristo3146:
The judges are not above the law, I wonder why some people are criticizing and condemning this, Some morons has gone as far as calling the arrest a breach of procedure and an attack on democracy, NJC is citing the principle of separation of powers... I told a friend yesterday, a judge that corruptly broke all procedures and collect a bribe does not need any procedure to be prosecuted(live by sword die by sword approach), even the law itself made provision for doctrine of necessity, What attack on democracy is more than corruption?? A certain judge was accused, arrested and prosecuted by FBI in United states and he ended up committing suicide because he felt the shame of been a victim of law when he was supposed to be a custodian of law...The rate at which we are eulogising the corrupt activities and standing in defence of any whistle blown against corrupt individuals is alarming...Now i know why the youths are never the leaders of today, they will continue to be leaders of tomorrow, and do you know what TOMORROW NEVER COMES...

Now I know there are still patriots in the Land. The crooks hiding behind the NJC wanted to intimidate the DSS but they had their match in the DSS.It took the DSS reminding the CJN the law of the land before he approved that a corrupt pindiga should go and face DSS. Imagine!!
Now the NJC has been demystified not on the path of honor but shameful conduct. The NJC is not an equivalent of the third arm, the judiciary is not made up of lawyers alone and little wonder some people practicing law in the bar and bench feel that they are the third arm of government. Third arm of government isn't NJC or NBA, it's what we permitted over the years.The citizens should henceforth take up more participation in the judiciary. We can start by pushing for a law for electing judicial officers and all elective slots shouldn't be for only lawyers or devolve the responsibility of the NJC so the Chief Justice just faces purely legal duties not the issues relating to discipline. We hired them, we pay their salary, we should have a way to punish them if they mess up like they have done in this manner. They promoted their selfish interest and professional camaraderie above the national interest.
The whole law setting up the NJC should be reviewed before they further disgrace the country.
I just realized that lawyers hijacked what should otherwise be the third arm of government of the people who make up the country, they hijacked the judiciary and relegated the other stakeholders(citizens,litigants,community leaders,local government, law enforcement agencies, prison, non lawyer professionals working in the judiciary etc) in the judiciary to the background and suddenly ascribe their professional interests as the interest of all the stakeholders of the judiciary. This is a coup!!!
The lawyers should be stripped of their dominance of the judiciary,it is our judiciary not the lawyers judiciary!!!

Lalasticlala front page oh... . To enlighten the public

pchukwudi:
Mr. Smart.

Those who spent tens of millions to cut grasses at the IDP camp (while the displaced persons starved and prostituted for food) should FIRST be harrased, intimidated and abducted. Then after that, those in the cabinet should follow, then after that those who got into office without the due certificate should be exposed (rather than hiring the "corrupt" legal professionals to cover their fraud). Then after that you can now have a valid moral standing to "harass" the judiciary.

GOD himself knows i ignore comments like this...

Can u imagine. As old as buhari is, he doesn't realise his actions shld be carried out tactfully n wit wisdom. Imagine steppin into d jurisdiction of other arms of govt. If dats d case, wen will he raid Dogara's house n wen will he start d cleansing in his own executive arm whr corruption is thriving under his nose. Abba Kyari is an example

hmmmmmm...........And some useless folks come up here to defend this criminals.
This are the criminals that led this country to where she is now..
God will surely deal with them all.

Since they reject the request to probe they should accept whatever they see..

Yet some idiots blamed buhari for not following due process as if the earlier request of the DSS to NJC for prosecution of corrupt judges was obeyed. The NJC will obviously shield it's own cos they all comprise of corrupt pot bellied biased judges. Dictatorship is the only way to go. I commend buhari for the sting operations. Some call buhari a dictator but if dictatorship is what is required to sanitize the system you have the support of sane Nigerians. Invade the home of looters, break their doors and safes with sledge hammers, brutalize them with your DSS and make them pay for short changing the state. We must sanitize the country for the upcoming generations

Noise

Let d president start wit d executive n we ll believe him

kahal29:
The system must be cleansed

O' Lord, keep Sai Baba safe from all evil.