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Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" - Politics - Nairaland

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Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by rhosymedre: 6:25pm On Oct 11, 2016
"Like most Nigerians I woke up with that breaking news. I felt very sad because, the commando style arrests and attempted abduction of serving judicial officers are entirely misguided, represent a further misadventure in our democratic journey, and threaten to return the country to its recent dark days."

"The manner of the arrests and attempted abduction represents the height of impunity and breakdown of law and order."

"In all circumstances, the rule of law must prevail. There can be no excuse for the shameful desecration of the rule of law
by the DSS."

"We cannot condone such jungle justice under any pretext and I fear that the misguided actions of the DSS have done more harm than good, to the fight against corruption."

"The DSS is seeking to return us to the rule of force, but that can only presage a breakdown of law and order."

" Whatever the alleged crimes are, there must be due process. Was any of the Judges invited for interrogation and
refused? Are public officers suspected of crimes arrested by the DSS in such commando style? We must strengthen
our institutions rather than weaken them."

" The actions of the DSS show how very weak our institutions are, and how they can be manipulated and misused for ulterior
purposes."

[size=14pt]We need strong and independent institutions, not strong Presidents or DSS Directors[/size]."

http://leadersandco.s3-eu-west-1.amazonaws.com/wp-content/uploads/2016/10/10220355/LAWYER-OCT-11.pdf

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Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by mysteriousman(m): 6:31pm On Oct 11, 2016
When corruption was thriving among your colleagues what did you do about it
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by PassingShot(m): 6:33pm On Oct 11, 2016
The exact rule of law that was broken is what none of these people has been able to tell us.

Invitation by law enforcement agencies is a courtesy, not a right. You can be arrested once there is a reason to do so and an arrest warrant is in place.

And if you resist arrest, your house can even be pulled down to effect the arrest. In fact you may lose your life in the process and nothing will happen thereafter.

PMB, please carry on. We dey your back like hunchback.

1 Like

Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by papparatzzi2013: 6:50pm On Oct 11, 2016
You typed over 4,000 words without stating the bastardised "Rule of Law" that was broken.

You do not have to comment or write just waste people's precious time.

Waste of time.

1 Like

Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by konjinus(m): 6:59pm On Oct 11, 2016
Na WA for this xoo
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by onomeasike: 7:08pm On Oct 11, 2016
PassingShot:
The exact rule of law that was broken is what none of these people has been able to tell us.

Invitation by law enforcement agencies is a courtesy, not a right. You can be arrested once there is a reason to do so and an arrest warrant is in place.

And if you resist arrest, your house can even be pulled down to effect the arrest. In fact you may lose your life in the process and nothing will happen thereafter.

PMB, please carry on. We dey your back like hunchback.
God bless you. We're going to retrieve our third arm of government from all these hustling lawyers.
They are using our democratic institutions to protect their selfish professional interests.When ordinary Nigerians were being beaten and killed by the military government, people like Oditah were in England enjoying but because we foolishly handed over a whole arm of government to him and his professional colleagues, he can start saying rubbish. Where in the world is a whole arm of government left to the antics of just a single professional group. They even created a technical pressure group called NJC and equated this technical group as the decision of all the stakeholders in the third arm of government!!!
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by mazifrankmore: 7:16pm On Oct 11, 2016
When corruption is mentioned,you see zombies running amok but when you mention corruption committed by buratai,amaechi,lawal,Tinubu,dambazua and co you see them asking you to bring evidence as if you are DSS or police.


GOD bless you sir for not being a coward!

1 Like

Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by rhosymedre: 9:55pm On Oct 11, 2016
Prof Bankole Sodipo, said:

“I am against corruption and corrupt judges but I am against the manner the judges have been treated.

The rule of law is a safety valve.

No investment takes place in a country where the rule of law is not respected.

Leaders who do not respect the rule of law often become despots.

Buhari was once a despot. We must oppose the agencies that are depicting Buhari as a leader that has not changed.

I voted for Buhari, who vowed he is not that same person who ruled us a little over 30 years ago with Decree 4 and fear. I implore Buhari to dispel this fear as Idi Amin started like that.

Once the judiciary is ridiculed, the last hope of the common man is gone. Let us follow due process.’’

http://www.vanguardngr.com/2016/10/crackdown-judges-sad-regrettable-cjn/

1 Like

Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by rhosymedre: 9:42am On Oct 12, 2016
Professor Akin Oyebode

“I think it’s a sad day for Nigeria, because you don’t break the law in order to implement the law,” said Mr. Oyebode.

“Which is what the DSS seem to be saying, that because of the inaction or lack of cooperation by the NJC they had to resort to self-help.

“In fact, my gut reaction is that this might be the handiwork of fifth columnists, those that want to do in the government of Buhari.

“I’m not sure a Buhari who has touted himself as a born again democrat, welded to the notion of rule of law will authorise the outrageous act by the DSS.

“So either some people…misguided…who want to impress the powers that be by their work decided to go for broke in that respect. And I think it should be deprecated because there are so many rules of law that have been breached.

“And their subsequent comments, almost trying to try the accused in newspapers and what have you, because the accused have presumption of innocence and the onus of proof is on the state, and the onus is proved beyond reasonable doubt.

“You had given the impression that you have basis and reasons for what you did and you have not ensured that the public hears the side of the arrested persons, which is unfair.”

Mr. Oyebode said under the Nigerian Constitution, the task of discipline in the judiciary lays solely with the NJC who investigate and isolate the judge if found culpable.

“Now having separated the judge who had been found wanting in terms of his calling and judicial oath – you know there’s a judicial oath that judges swear when they are appointed, to do justice to all manner of persons without fear, affection or ill-will to be very neutral, non-partisan, fair to everybody, and not bend the scales of justice in favour of any accused person. That’s the judicial oath.

“So if any of them is found to have violated that oath, definitely he should be removed from the judiciary. The removal from the judiciary will lay the foundations for trial for any criminal act, say bribery and corruption .

“But the way things turned out, the DSS is the accuser, the jury, and almost the executioner. It’s not done.”

http://www.premiumtimesng.com/news/more-news/212535-law-professor-oyebode-criticises-sss-arrest-judges.html
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by pchukwudi: 10:49am On Oct 12, 2016
DSS had no right to ARREST the SERVING judges who were NOT accused of armed robbery or terrorism, but CORTUPTION in their official duties. Thus DSS had no constitutional right to arrest those judges. It's ILLEGAL. The search warrant they used WAS said to be ILLEGAL too. Got it?



papparatzzi2013:
You typed over 4,000 words without stating the bastardised "Rule of Law" that was broken.

You do not have to comment or write just waste people's precious time.

Waste of time.


And it's your job to educate yourself on the application of Rule of Law. Any body's CHOICE to remain ignorant is not the author's fault. So blame yourself.
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by papparatzzi2013: 11:01am On Oct 12, 2016
pchukwudi:
DSS had no right to ARREST the SERVING judges who were NOT accused of armed robbery or terrorism, but CORTUPTION in their official duties. Thus DSS had no constitutional right to arrest those judges. It's ILLEGAL. The search warrant they used WAS said to be ILLEGAL too. Got it

Pa Chukwudi, you should know better than this.

1. The law recognises DSS officers as a Senior Police Officer -- they can arrest. In fact all law enforcement agencies are empowered to inclusive of private citizens. Thanks to ACJ Act.

2. DSS is empowered to detect and investigate ANY CRIME that threatens the internal security of the nation. Or a corrupt Judge does not threaten the internal security of the nation?

3. Instrument 1 of 1999 as directed b the then President - Gen. Abubakar - empowers the DSS to investigate economic crime.

4. If the warrant is illegal, do you need to a Google Map to direct you to courtroom?
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by pchukwudi: 11:17am On Oct 12, 2016
I'm not going to argue with you. But here's for a benefit of doubt.

1. Unverified and unproven ALLEGATION of corruption is NOT a threat to internal security.

2. If I needed to go to court to invalidate the authenticity of the warrant, don't you think that DSS should have lived by example by going to court to prove the validity of their allegations rather than encouraging lawlessness?

3. Law makers and law professors have condenmed the approach unanimously. Seriously I don't know why you guys are not worried.

4. No one (even you) is safe in a country where Judges are FORCED to be afraid.

Have a nice day.


papparatzzi2013:


Pa Chukwudi, you should know better than this.

1. The law recognises DSS officers as a Senior Police Officer -- they can arrest. In fact all law enforcement agencies are empowered to inclusive of private citizens. Thanks to ACJ Act.

2. DSS is empowered to detect and investigate ANY CRIME that threatens the internal security of the nation. Or a corrupt Judge does not threaten the internal security of the nation?

3. Instrument 1 of 1999 as directed b the then President - Gen. Abubakar - empowers the DSS to investigate economic crime.

4. If the warrant is illegal, do you need to a Google Map to direct you to courtroom?
Re: Professor Oditah SAN - "No Excuse For DSS Desecration of Rule of Law" by wirinet(m): 11:24am On Oct 12, 2016
rhosymedre:
"Like most Nigerians I woke up with that breaking news. I felt very sad because, the commando style arrests and attempted abduction of serving judicial officers are entirely misguided, represent a further misadventure in our democratic journey, and threaten to return the country to its recent dark days."

"The manner of the arrests and attempted abduction represents the height of impunity and breakdown of law and order."

"In all circumstances, the rule of law must prevail. There can be no excuse for the shameful desecration of the rule of law
by the DSS."

"We cannot condone such jungle justice under any pretext and I fear that the misguided actions of the DSS have done more harm than good, to the fight against corruption."

"The DSS is seeking to return us to the rule of force, but that can only presage a breakdown of law and order."

" Whatever the alleged crimes are, there must be due process. Was any of the Judges invited for interrogation and
refused? Are public officers suspected of crimes arrested by the DSS in such commando style? We must strengthen
our institutions rather than weaken them."

" The actions of the DSS show how very weak our institutions are, and how they can be manipulated and misused for ulterior
purposes."

[size=14pt]We need strong and independent institutions, not strong Presidents or DSS Directors[/size]."

http://leadersandco.s3-eu-west-1.amazonaws.com/wp-content/uploads/2016/10/10220355/LAWYER-OCT-11.pdf




This professor has what i call selective amnesia, he only remembers jungle justice when "big men" are involved. When Police, EFCC, DSS and other government agencies break into the houses of ordinary Nigeria at 4 am without a search warrant and lock them up for years in prisons and cells for years without trial, this professor forgets due process and strong independent institutions.
Over 80% of Nigerian prison inmates are awaiting trial and have no business being there.
Jailbreaks: ‘Over 80% of prison inmates are awaiting trial’
Abuja—The Centre for Crisis Communication, CCC, said yesterday that unless the federal government and relevant stakeholders do something urgent about the high number of awaiting inmates in the nation’s prisons, Nigeria will continue to experience more jailbreaks and riots. In fact, a report released by the Centre showed that more than 80 percent of prison inmates in the country were awaiting trials owing to the unwholesome, archaic criminal justice system in the country.

Read more at: http://www.vanguardngr.com/2016/09/jailbreaks-80-prison-inmates-awaiting-trial/
When police extra-judicially kill ordinary Nigerians on flimsy excuses.
Extrajudicial killings: Story of SARS and robbery suspects
Travelling may mean different things to different people.

But to men of the Special Anti- Robbery Squad, (SARS), an arm of the Nigeria Police Force, ‘to travel’ means to kill a suspect in detention. Hundreds of robbery suspects, if not thousands, who had been arrested and taken to SARS, have been killed extra-judicially.

Most times, some are not even robbery suspects, but suspects arrested for other crimes. Many (both the innocent and presumed guilty) die through torture; others are shot point blank because they were deemed as, ‘confirmed robbers.’ The stories differ from station to station, case to case, with some members of the families of some victims still hoping that the dead would come back from detention. The family members are busy visiting prayer houses, native doctors, diviners and spiritualists without any knowledge that the subject has crossed over to the other side of the world.
https://newtelegraphonline.com/extrajudicial-killings-story-of-sars-and-robbery-suspects-1/

But when a Big Man is arrested, searched or even invited to came and answer for alleged crimes, this professor and his fellow protectors of Big Men suddenly remember the rule of law and strong institutions.

Oh i miss Chief Gani Fawehinmi the true defender of the masses.

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