PRESIDENT BUHARI'S IMMUNITY IS INFERIOR TO THAT OF THE NIGERIAN JUDGE!

Although the solid foundation for the total eradication of corruption from the Nigerian polity has been laid by the present APC Administration through the option of a TREASURY SINGLE ACCOUNT (TSA), and other strict economic policies which make it totally impossible for any pilferer, no matter how deft, to steal a kobo from the dedicated account without being detected, judges of THE JUDICIARY, which is acclaimed as "last hope of the common man", can collect bribes, falsify documents and retire to enjoy their loots unchallenged!

Is it not very glaring that the present "immunity status" of judges was cleverly inserted as a bargain by some of the judicial officers who drafted and crafted the bogus 1999 Document to suit the whims and caprices of the Military? They had to immunize themselves from prosecutions over crimes and criminalities blatantly committed at the BENCH! Or, how do you explain that law enforcement agents cannot arrest any JUDGE over any allegation of crime without first seeking permission from the Nigeria Judicial Council (NJC), which members, eminent jurists, who unless, convinced that such judges actually erred, would grant permission for his arrest and subsequent prosecution before other judges who, after some judicial rigmarole, would eventually set them free! The African adage says “an empty mouth does not make CRUNCHY NOISE"

For the PRESIDENT, Chapter VIII, Part II, Section 308 (1) (3), of the Federal Republic of Nigeria Constitution 1999, as amended stipulates that he shall be immune from criminal prosecution while in office. However CIVIL litigation could be instituted against him according to 308 (2)! The Vice President, Governors and their deputies also enjoy same immunity!

But for the JUDICIARY, the 1999 Constitution in the THIRD SCHEDULE Part I, Section 21 (a) - (i), recognise the Nigeria Judicial Council (NJC), as the only body, responsible to RECOMMEND to the President, the removal from office of Judges and to EXCERCISE disciplinary control over such officers from office (often without prosecution); therefore every complaint against them MUST first be reported to the body for necessary action and sanctions?

Justice Sylvester Ngwuta, of the Supreme Court, was one of the SEVEN Judges whose homes were raided by the DSS, in a "Sting Operation", on 8th/9th October, 2016, and was eventually arraigned for prosecution on a 13- count charge of money laundering and passport fraud by the office of the Attorney General of the Federation until his recent discharge and acquittal in March, 2018, by a member of the revered fraternity!
Justice John Tosho, of an Abuja High Court, ruled that, "the pre-condition for instituting charges against a judicial officer were not met before Justice Ngwuta was brought to court, because a serving judge could not be investigated or prosecuted without being first disciplined by the National Judicial Council according to the provision of section 158, sub-section I and paragraph 21 ( of the third schedule of the Constitution!


When, for the very first time the Department for State Services (DSS), of the Federal Government of Nigeria executed a successful STING OPERATION on suspected corrupt serving Judges across the nation, on 8/9th October, 2016, political pundits predicted that nothing meaningful nor positive would come out of the exercise - which was blamed on the EXECUTIVE - because they believed that the SPIRIT OF BROTHERLY FRATERNITY WITHIN THE JUDICIARY WOULD PREVAIL TO SET FREE THE ACCUSSED PERSONS - AND THEY WERE RIGHT!

Eight months after that operation, described as unheard of, unprecedented and unlawful by detractors of the WAR AGAINST CORRUPTION, even though they are aware that Judges were not above the LAW, one of the accused persons, Justice Adeniyi Ademola, (now retired), was DISCHARGED AND ACQUITTED by his fraternal colleague, on the BENCH, just like Justice Ngwata, following a "NO CASE SUBMISSION" by the defence counsel and was set free to go home to "enjoy the sweat of his labours and RESUME AT HIS DESK for business as usual!" He was among the SEVEN Justices investigated on after that STING OPERATION carried out by the DSS on 8/9th October, 2016.He and his wife Olabowale and Mr. Joe Agi, SAN, were arraigned by the Economic and Financial Crimes (EFCC), prosecutors on an 18- count charge bordering on criminal conspiracy to receive gratification in various ways contrary to Section 8( 1)(a) of the Independent Corrupt Practices and Other Related Offences Act, 2000 and items recovered from his home included the following: Large sums of money in foreign currencies; $121.279 US Dollars, 400 Euros, 110 Indian Rupees, £80 pounds sterling totalling several millions of naira and also TWO PUMP ACTION RIFLES! During his trial at the Law Court, evidences were adduced that the Judge transferred N175 million in TWO TRANCHES in N90 million and N85 million respectively to a property company through a Nigerian Bank and was also admitted in evidence that a litigant standing trial before the Judge bought a car worth over N7 million naira for Mr. Ademola junior!

That was not all, while the fate of ONE female Judge who was also on trial – Justice Ajumogobia, was yet to be decided, SIX Judges, who were about to be formally charged, were SUDDENLY RECALLED AND ASSIGNED TO DUTY POSTS BY THE NIGERIA JUDICIAL COUNCIL (NJC), who, arbitrarily decided that EFCC failed to file charges against them, months after their arrest and suspension. They were, Sylvester Ngwuta, Inyang Okoro, both of the Supreme Court; the suspended Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Tsamiya; Justice Kabiru Auta, of the Kano State High Court; the sacked Chief Judge of Enugu State, Justice I.A. Umezulike; and Muazu Pindiga, of the Federal High Court, Gombe Division; were also arrested during that DSS Sting Operation!


Patriotic Nigerians at home and in the Diaspora shouted FOUL at the NJC'S DIRTY MOVE and wondered why EFCC would not APPEAL Justice Ademola's acquittal and also PRESS CHARGES against the SIX JUDGES, recently recalled by NJC. But we have it on record that EFCC appealed against the acquittal of the Justice and also formally charged TWO of the recalled Judges to court on 8th June, 2017, for offences bothering on UNLAWFUL ENRICHMENT, CORRUPTION AND ATTEMPT TO PERVERT THE COURSE OF JUSTICE.
However, the Chief Justice of Nigeria, Walter Samuel Nkanu Onnoghen has made it clear that the RULE OF LAW should be meticulously pursued in every arbitration resolution at the LAW COURTS because citizens and corporate organisations have the RIGHT OF APPEAL if dissatisfied with the outcome of any litigation.


THE NEW ORDER IN RESPECT OF SPECIAL COURTS!
Prior to this timely move by this Reformist Chief Justice, there had been concerted efforts and clamour by patriotic, decent, upright, and righteous Nigerians, including, very sincere pressure groups, Civil Society and Non-Governmental Organisations who strongly believed that the well-calculated and well- intentioned strategies by the Buhari's Administration to destroy the endemic institutional corruption of several years could actually succeed if SPECIAL COURTS/TRIBUNALS were assigned to handle corruption cases!

During a special court session of the Supreme Court held to mark the opening of the 2017/2018 legal year, on Monday, 25th September, 2017, Justice Onnoghen who directed all Heads of Courts in the country to compile and forward to the National Judicial Council (NJC), comprehensive lists of all crime cases being handled by their various courts, also noted that "inexplicable and seemingly intractable delays, and disruption of due process", had been the bane of CRIMINAL JUSTICE ADMINISTRATION in Nigeria. In addition, he said that the NJC at its next meeting, would constitute an Anti-Corruption Cases Trial Monitoring Committee that would continually monitor the progress of high-profile criminal cases adding that Judges must not lose sight of the Judiciary's fight against corruption which continued to place this noble institution in the "eye of the storm" and must not deter its resolve to ensure victory! DO YOU BELIEVE?

TWO MONTHS before the "sting operation", President Buhari, in a petition to the Judiciary (July, 2016), reminded the learned benchers that they should be in the fore-front of efforts to develop right-based jurisprudence as an element in the multi-disciplinary approach advocated in the fight against corruption by enforcing applicable laws to avoid delay in ensuring criminal justice administration because corruption cases filled by government were not progressing as they should! He also complained that in spite of the Criminal Justice Act of 2015, the courts allowed some lawyers to frustrate the Reforms introduced by law and called for a change of attitude for a collective action in building a new Nigeria in the face of dwindling revenue by tackling two ILLS - Waste and Corruption simultaneously! "To this end the Judiciary is under a duty to keep its house in order and ensure that the public which it serves sees this," he added. IS THE PRESIDENT AWARE THAT A JUDGE'S IMMUNITY WHICH IS SUPERIOR TO HIS IS THE HEIGHT OF CORRUPTION IN THE LAND?

The Presidential counsel could not have impact in respect of the RULE OF LAW or CRIMINAL JUSTICE SYSTEM because of that DEFECTIVE 1999 Constitution; and whereas judicial powers of the Nigerian State, both at the Federal and State levels, are vested in the JUDICATURE, which consist of the superior courts of record, established for the Federation, according to Section 6, subsection (5) (a) to (i) of the 1999 Constitution which empowers the CORRUPT to judge the INNOCENT! THIS ILLEGAL IMMUNITY OF JUDGES FROM CRIMINAL PROSECUTION IS AN ABBERATION TO DEMOCRACY, A TERRIBLE DIS-SERVIVE TO THE DOWNTRODDEN, AN ABSURDITY TO MODERN CONSTITUTION IN 21ST CENTURY NIGERIA, A ROBBERY OF OUR COMMON SENSIBILITIES, AND THE WORST FORM OF CORRUPTION WHICH PRESIDENT BUHARI AND ALL PATRIOTS ARE DETERMINED TO CRUSH AT ALL COST! WHO SAYS THAT NIGERIA DOES NOT NEED A BRAND NEW CONSTITUTION NOW, NOW, NOW? “When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn.’’(Proverbs 29:2).



I am, yours sincerely, Dr. David B.A. Olufon. 08130669886, 08098194390. 08080243066. g-mail- dvdolufon@gmail.com.

No wonder