Legal luminary Chief Afe Babalola (SAN) has said it was wrong for the Department of State Services(DSS) to take over Police duties, while decrying the method the security agency used in arresting judges over alleged corruption. Speaking during the foundation-laying ceremony of the new Ekiti State High Court at the Judiciary Headquarters, Fajuyi, Ado Ekiti, the state capital, Babalola said: “I am very sad about the attack on judges when they are not common criminals, they have not run outside the country. The following day, you released them on bail, why did you harass their families?




“It is a trite law that process of the court can’t be served after 7pm. Even if the DSS had the arrest warrant, they should not have gone on midnight raid of the houses of the judges. “The NJC has the power to promote, appoint and discipline judges, this was done to ensure independence of that arm. So, I expect them to have approached the NJC. How can you arrest a sitting Supreme Court judges and took him to magistrate court for trial? That could only be done after they have been removed. If these people have facts that they are corrupt, they should approach the Judicial Council. How can you arrest a sitting judge and hand him over to a magistrate to try him? Anywhere in the world, you don’t try a sitting judge; you first remove him from office before taking him to court. If you catch a masquerade, you first take the regalia off him.”



http://dawntodusknews.com/afe-babalola-speaks-arrest-judges/

OK

So if a Supreme Court judge commits felony he can't be charged to court?

Let's say a Supreme Court judge shot his gate man dead in the middle of the night and the neighbours call the police, does it mean the judge can't be arrested and charge for murder?

This country is definitely screwd.

Our legal people are big problem. See all of them quoting silly laws. Diezani who has eloped to UK today is practically unreachable due to laws formulated and influenced by same class of people being investigated.

pedel:
So if a Supreme Court judge commits felony he can't be charged to court?
Let's say a Supreme Court judge shot his gate man dead in the middle of the night and the neighbours call the police, does it mean the judge can't be arrested and charge for murder?
This country is definitely screwd.

But why is it difficult for you to understand what the SAN is saying, Follow Due Process. Simple, Any other way will meet a dead End.
To use your Example, if a Police man shoot a Judge dead, his colleagues will arrest him, Dismiss Him from the service First, before taking him to Court for Trial.
The NJC must dismiss them first before they can be Brought before another Judge and tried like any common offender.
What Buhari has done now is Putting the Cart before the Horse, it doesn't work that way.

So law for the masses is diff for the law for judges (elite) ?

Rubbish post!they wrote several letters to NJC whc they refuse to honour.
On d issue of disciplinary measures.is this Illegal luminary telling us that Judges can't be arrested because they are Judges.Is as gud as saying Medical Doctors can't be arrested because NMA are the ones to discipline erring doctors.Military personels are been arrested by police and DSS and arraigned before a magistrate nt to talk of a bloody corrupt civilian.
NJC can only discipline on matters that are plainly on ethics of d profession and Dss can arrest and interogate a judge on matters partaining to crime.

rubbish, the reason DSS have to go into their houses instead of first going to NJC is obvious so I wonder why all this SANS continues "beating the same horse".


Don't the government needs hard evidence to prosecute these corrupt judges? And how exactly will they get that? By informing the NJC? By informing the Judges ahead of a search? And the monies will be there waiting for them?

Then all this Big SANS just lamenting DSS did this did that, they never actually proceed to tell exactly how DSS broke the law.

Stop the lies Judges are regular citezens like the rest of us. If they are caught in crime they should be arrested and prosecuted end of story.

Yes they deserve due process which Buhari's seems to have done. DSS jurisdiction in matter debatable of we believe some of the judiciary. A lawyer I take to said it within the DSS rights.

Now let's end the media spectacle and get to trials in a few months. If the have case take it too court. It's time for Buhari to stop embarrassing his supporters and get convictions. He's failed so far to get one or get judge to resign.

Jirate:


But why is it difficult for you to understand what the SAN is saying, Follow Due Process. Simple, Any other way will meet a dead End.
To use your Example, if a Police man shoot a Judge dead, his colleagues will arrest him, Dismiss Him from the service First, before taking him to Court for Trails.

what happens to innocent until found guilty? I think it's wrong to dismiss before trial. You have already found him guilty by that dismissal.

Sibrah:
Our legal people are big problem. See all of them quoting silly laws. Diezani who has eloped to UK today is practically unreachable due to laws formulated and influenced by same class of people being investigated.

does ur fiction apply to the current situation?, why used sentiment were facts are applicable?.

crimeboss:

does ur fiction apply to the current situation?, why used sentiment were facts are applicable?.

Proverbs won't do you no good.

Ok

pedel:
So if a Supreme Court judge commits felony he can't be charged to court?

Let's say a Supreme Court judge shot his gate man dead in the middle of the night and the neighbours call the police, does it mean the judge can't be arrested and charge for murder?

This country is definitely screwd.

I do not think it is a purely legal issue there is a political dimension meaning that government must consider the effect on the image of the Supreme Court.its relatioship with the Executive and the international perception of the country.If a judge shoots someone ,is an extreme and unusual example,let us stick to the case at hand.If the Chief of Army staff is to be arrested or charged how is it managed .What about the wife of the president how is it to be managed.
If we focus only on the legal and not the political we ignore the danger that precedents set.

Let me give you another extreme scenario. Based on the Logic of legality.There is nothing stopping in one day the arrest of EVERY SINGLE JUDGE in the Supreme Court. If we accept that as reasonable the the Executive may find that to be a reasonable course of action just as the court is about to rule on a crucial election matter or impeachment matter even one involving the presidency.

Now the judges have still not been charged to court so we need to know why the DSS and not the police or EFCC and why was it necessary to break down doors with hammers in the middle of the night.
Can the Chief of Army Staff or any of his wives doors be broken down in such a manner.
It is impossible not to interpret this action as an attempt to intimidate the judiciary.
I do not subscirbe to the argument that the NJC must sanction arrests. My issue is that in such a matter the President as CIC should have been involved in managing the arrest in consultation with the Chief Judge and The Senate Whether it is for allegation of corruption or even coup plotting.

It is a different matter if it is one judge when it is several we need to be very very careful otherwise we are laying the ground for a president to arrest the entire Supreme Court (no law against that) as a prelude to replacing them with his people

jeffizy:
The justification or otherwise of this particular case is becoming boring.
Let's move from horse trading to trials. If found guilty, convict them and we move to the next one.

individuals would always express their opinion.
It is FG/DSS/BUHARI that should advice to start their trial. Which everybody know will never happen...

Why can't a sitting Judge be arrested if there's probable cause? I'll agree with referring the matter to the NJC if the infraction was within the scope of the Justices' duties but taking bribe isn't. Replace the Justices with an Acting Justice and try them. The judiciary arm can't always police themselves. What recourse exists if the whole judiciary is corrupt? I'm with the DSS on this one.

Pierocash:
Rubbish post!they wrote several letters to NJC whc they refuse to honour.
On d issue of disciplinary measures.is this Illegal luminary telling us that Judges can't be arrested because they are Judges.Is as gud as saying Medical Doctors can't be arrested because NMA are the ones to discipline erring doctors.Military personels are been arrested by police and DSS and arraigned before a magistrate nt to talk of a bloody corrupt civilian.
NJC can only discipline on matters that are plainly on ethics of d profession and Dss can arrest and interogate a judge on matters partaining to crime.

Did you read the letters the NJC wrote to the DSS before spewing this thrash?

jumobi1:
Why can't a sitting Judge be arrested if there's probable cause? I'll agree with referring the matter to the NJC if the infraction was within the scope of the Justices' duties but taking bribe isn't. Replace the Justices with an Acting Justice and try them. The judiciary arm can't always police themselves. What recourse exists if the whole judiciary is corrupt? I'm with the DSS on this one.

Does the DSS have any evidence to prove these Judges collected bribes? What about the executive? Who polices them if they are corrupt?

This man has spoken like Ozekhome did on Sunday, quoting an old Administration of Criminal Justice Act (ACJA) that was amended during the last administration and signed by Jonathan in 2015. The new ACJA says security agencies, with a warrant, can carry out an arrest of a search at any time of the day, even in the dead of the night. They can carry out an arrest on weekends and public holidays.

Jirate:


But why is it difficult for you to understand what the SAN is saying, Follow Due Process. Simple, Any other way will meet a dead End.
To use your Example, if a Police man shoot a Judge dead, his colleagues will arrest him, Dismiss Him from the service First, before taking him to Court for Trails.

And when they fail to do that?

Jirate:


But why is it difficult for you to understand what the SAN is saying, Follow Due Process. Simple, Any other way will meet a dead End.
To use your Example, if a Police man shoot a Judge dead, his colleagues will arrest him, Dismiss Him from the service First, before taking him to Court for Trails.

Are you talking about the corrupt 'process' ?
I learnt that the NJC was not cooperating with the law enforcement. They were taking care of their own.
They were asking some judge to retire with full benefits without recommending them for trial. They even said some had no case to answer.

Bros, I don't know how it's easy for you to understand and appreciate what is going on in Nigeria. To me and few people that sees things the way I see them; Nigeria is like a mystery drama.

Logics don't work in Nigeria. Police would shot a Judge dead and his colleagues will say it was an accidental discharge or lie that the judge fire at them first and that he was shot dead in self defense when they must have planted evidence on the judge.

He must have bribed a judge, maybe. This is a man I know personally, and have so much respect for.

Yeye

Ok. You will soon hear that his University is operating illegally. He's better if he stay away from politics

Ok

Imagine...

989900:
He must have bribed a judge, maybe. This is a man I know personally, and have so much respect for.

See reasoning?

How e take EPP anybody

pedel:

Are you talking about the corrupt 'process' ?
I learnt that the NJC was not cooperating with the law enforcement. They were taking care of their own.
They were asking some judge to retire with full benefits without recommending them for trial. They even said some had no case to answer.

Bros, I don't know how it's easy for you to understand and appreciate what is going on in Nigeria. To me and few people that sees things the way I see them; Nigeria is like a mystery drama.

Logics don't work in Nigeria. Police would shot a Judge dead and his colleagues will say it was an accidental discharge or lie that the judge fire at them first and that he was shot dead in self defense when they must have planted evidence on the judge.

Have you heard the story from the angle of NJC?

Nigerians and one-sided judgement.

jeffizy:
The justification or otherwise of this particular case is becoming boring.
Let's move from horse trading to trials. If found guilty, convict them and we move to the next one.

These steps that appear boring now are the same blocks upon which the judges will build their defence and then you will all come here, speaking from a point of ignorance to castigate the trial judges as being inept and the ones creating stumbling blocks and throwing spanners on the path of justice.

Have you really wondered why no convictions have been recorded by the EFCC? It is because they approach these things in a knee jerk manner and then get stuck in the middle. Can't we try and get it right for once?

jumobi1:
Why can't a sitting Judge be arrested if there's probable cause? I'll agree with referring the matter to the NJC if the infraction was within the scope of the Justices' duties but taking bribe isn't. Replace the Justices with an Acting Justice and try them. The judiciary arm can't always police themselves. What recourse exists if the whole judiciary is corrupt? I'm with the DSS on this one.

Wetin b judge......? I mean for Nigeria. So far it means a professional criminal who sales Judgements to the highest bidder. Idiots that made us to eat once per day. PMB carry-on. God bless u.