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Understanding The Implications Of Commando Operations On Serving Judges - Politics - Nairaland

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Understanding The Implications Of Commando Operations On Serving Judges by kenny987(f): 1:07am On Oct 09, 2016
BREAKING IT DOWN FOR THOSE WHO DO NOT REALIZE WHY IT IS WRONG TO ARREST JUDGES IN THE MANNER DSS DID YESTERDAY.

I could see that many people do not understand the issues involved. But I will try to reduce it to a level where everybody can understand it.

(1) Judges are responsible for sending all the people in prisons to prison. So, if you send a judge to prison, he is going to meet people he sent to prison. (A FORMER judge will still go to prison if convicted of a crime. But mark my word "FORMER" judge). Why did I use the word "former"? Because before sending a judge to prison, you must first remove him from being a judge, so that when he arrives in prison, he will not remain a judge.

(2) All the people in DSS cell today will either be released or charged to court. When charged to court, they will appear before judges. So, if you detain a judge in the same cell as the other people, what will happen tomorrow when they appear in the same court before the judge who was their cell mate?

(3) There is the presumption of innocence, which means that the judges will remain judges until they are proven guilty, which could be 4 years from today. So, it is important to first remove a judge as a judge before he is prosecuted. Otherwise the same man will be standing criminal trial at a time he is still a judge. So, if his own case is coming up on Tuesday, he will serve as a judge on Monday, but on Tuesday, he will stand in the dock as an accused person. Then on Wednesday and Thursday, he would sit as a judge in the next courtroom.

(4) If the judge remains a judge (since he has not been removed as a judge) during the time that his own case is being tried, it is the same DSS prosecutors prosecuting him that will appear before him to prosecute other suspects. If you are a lawyer representing a suspect agains the DSS in the court of this judge who is also being tried by the DSS, you will fear that the judge would be too afraid of the DSS to render impartial judgment.

It is odd, stupid, impracticable and unconstitutional to arrest a sitting judge for a common crime.

This is what the Nigerian law envisaged: If a judge commits a crime, what you report him to the national judicial council (NJC). That is the body that disciplines judges. That body will dismiss the judge within 6 months. Then you can prosecute the judge and there is no possibility of him sitting at the same time as he is being prosecuted.

Ironically, if you start criminal prosecution of a judge, the NJC cannot do anything until you finish the criminal trial, which can take 4 years. So, the best way for a judge to remain a judge for a long time is for you to start criminal trial rather than a disciplinary proceeding to remove him first.

For the reasons I pointed out above, all over the world, there is a special procedure for dealing with a judge that committed a crime. The first step is to remove him as a judge so he will not remain a judge when his case is being tried.

Anybody that supports DSS in this matter does not understand what happened yesterday. Consider the following:

(1) The DSS said they have been monitoring the judges to observe their lifestyle. That means that they were monitoring all the judges. That also means that they have been invading the privacy of these judges all this while. The judges would lose their independence if they are under the indiscriminate surveillance of the DSS.

(2) What is lifestyle? It means everything. The DSS has been engaging in illegal wiretapping and other abuses on the judicial arm of government.

(3) The DSS said they went after the judges for misconduct. Misconduct may not be a crime. So, they went after some of the judges for having girlfriends.

(3) The DSS said they invited the judges who came to meet them during their investigation, If so, why then did you storm their houses in the middle of the night. Why not invite them again and arrest them while they are in your office?.

(4) Where are the arrest warrant for their arrests? Where are the search warrants for search their houses?

(5) Why arrest them on weekend, if not to ensure they will not have access to any court until they have been detained for two days?

(6) When did the DSS audit the lifestyle of the President and his family? Why the judges alone?

In a way, there is something good that will come from this case. Ironically, these judges have been too afraid of the DSS and the EFCC. As a result, they failed over the years to take a clear position on the continued arrest of people without warrant. Now, it has been used on them. They will sit down next week and rule on the matter. I expect them to rule out all but very few arrests without warrant. The same with warrantees searches. Also, these judges allowed the police to arrest people on Fridays and they held that the 24 hour time frame the constitution required did not apply on weekends. There is no reason why it should not apply on weekends. Now it has been used on them.

Emeka Ugwuonye-Facebook

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Re: Understanding The Implications Of Commando Operations On Serving Judges by LMandela(m): 1:16am On Oct 09, 2016
oya make dem cum answer oooo . lalasticlala
Re: Understanding The Implications Of Commando Operations On Serving Judges by Nobody: 4:00am On Oct 09, 2016
[s]
kenny987:
BREAKING IT DOWN FOR THOSE WHO DO NOT REALIZE WHY IT IS WRONG TO ARREST JUDGES IN THE MANNER DSS DID YESTERDAY.

I could see that many people do not understand the issues involved. But I will try to reduce it to a level where everybody can understand it.

(1) Judges are responsible for sending all the people in prisons to prison. So, if you send a judge to prison, he is going to meet people he sent to prison. (A FORMER judge will still go to prison if convicted of a crime. But mark my word "FORMER" judge). Why did I use the word "former"? Because before sending a judge to prison, you must first remove him from being a judge, so that when he arrives in prison, he will not remain a judge.

(2) All the people in DSS cell today will either be released or charged to court. When charged to court, they will appear before judges. So, if you detain a judge in the same cell as the other people, what will happen tomorrow when they appear in the same court before the judge who was their cell mate?

(3) There is the presumption of innocence, which means that the judges will remain judges until they are proven guilty, which could be 4 years from today. So, it is important to first remove a judge as a judge before he is prosecuted. Otherwise the same man will be standing criminal trial at a time he is still a judge. So, if his own case is coming up on Tuesday, he will serve as a judge on Monday, but on Tuesday, he will stand in the dock as an accused person. Then on Wednesday and Thursday, he would sit as a judge in the next courtroom.

(4) If the judge remains a judge (since he has not been removed as a judge) during the time that his own case is being tried, it is the same DSS prosecutors prosecuting him that will appear before him to prosecute other suspects. If you are a lawyer representing a suspect agains the DSS in the court of this judge who is also being tried by the DSS, you will fear that the judge would be too afraid of the DSS to render impartial judgment.

It is odd, stupid, impracticable and unconstitutional to arrest a sitting judge for a common crime.

This is what the Nigerian law envisaged: If a judge commits a crime, what you report him to the national judicial council (NJC). That is the body that disciplines judges. That body will dismiss the judge within 6 months. Then you can prosecute the judge and there is no possibility of him sitting at the same time as he is being prosecuted.

Ironically, if you start criminal prosecution of a judge, the NJC cannot do anything until you finish the criminal trial, which can take 4 years. So, the best way for a judge to remain a judge for a long time is for you to start criminal trial rather than a disciplinary proceeding to remove him first.

For the reasons I pointed out above, all over the world, there is a special procedure for dealing with a judge that committed a crime. The first step is to remove him as a judge so he will not remain a judge when his case is being tried.

Anybody that supports DSS in this matter does not understand what happened yesterday. Consider the following:

(1) The DSS said they have been monitoring the judges to observe their lifestyle. That means that they were monitoring all the judges. That also means that they have been invading the privacy of these judges all this while. The judges would lose their independence if they are under the indiscriminate surveillance of the DSS.

(2) What is lifestyle? It means everything. The DSS has been engaging in illegal wiretapping and other abuses on the judicial arm of government.

(3) The DSS said they went after the judges for misconduct. Misconduct may not be a crime. So, they went after some of the judges for having girlfriends.

(3) The DSS said they invited the judges who came to meet them during their investigation, If so, why then did you storm their houses in the middle of the night. Why not invite them again and arrest them while they are in your office?.

(4) Where are the arrest warrant for their arrests? Where are the search warrants for search their houses?

(5) Why arrest them on weekend, if not to ensure they will not have access to any court until they have been detained for two days?

(6) When did the DSS audit the lifestyle of the President and his family? Why the judges alone?

In a way, there is something good that will come from this case. Ironically, these judges have been too afraid of the DSS and the EFCC. As a result, they failed over the years to take a clear position on the continued arrest of people without warrant. Now, it has been used on them. They will sit down next week and rule on the matter. I expect them to rule out all but very few arrests without warrant. The same with warrantees searches. Also, these judges allowed the police to arrest people on Fridays and they held that the 24 hour time frame the constitution required did not apply on weekends. There is no reason why it should not apply on weekends. Now it has been used on them.

Emeka Ugwuonye-Facebook
[/s]



All you can do is wail. Buhari can arrest anyone he wants so far they are involved in corruption. Democracy gives corrupt people an escape route all in the name of human rights. We need a benevolent dictator to clean the rot in nigeria and buhari is doing a perfect job. If you dont mind the way you critize this government, you will be visited by the Dss in the middle of the night and whisked away to abuja.

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Re: Understanding The Implications Of Commando Operations On Serving Judges by rozayx5(m): 4:28am On Oct 09, 2016
patriotic9jaboy:
[s][/s]



All you can do is wail. Buhari can arrest anyone he wants so far they are involved in corruption. Democracy gives corrupt people an escape route all in the name of human rights. We need a benevolent dictator to clean the rot in nigeria and buhari is doing a perfect job. If you dont mind the way you critize this government, you will be visited by the Dss in the middle of the night and whisked away to abuja.

dictator that uses 270m to cut grass?
or collect 500m naira mtn bribe?

14 Likes 1 Share

Re: Understanding The Implications Of Commando Operations On Serving Judges by Nobody: 4:32am On Oct 09, 2016
rozayx5:


dictator that uses 270m to cut grass?
or collect 500m naira mtn bribe?



Mtcheew undecided
Re: Understanding The Implications Of Commando Operations On Serving Judges by fulanimafia: 4:39am On Oct 09, 2016
Complete hogwash.

As usual, the Ugandan yoots are on hand to shield and rationalize corruption in the most humanly backward way possible. "Common crime" indeed.

2 Likes 1 Share

Re: Understanding The Implications Of Commando Operations On Serving Judges by JBUZZ: 5:06am On Oct 09, 2016
For those who think we need to give Bubu Emergency powers.

He hasn't got emergency powers Judges can no longer sleep with two eyes closed.

What if we give him more powers? Then all the repentant zombees will equally be arrested for renouncing zombeeism.

6 Likes 1 Share

Re: Understanding The Implications Of Commando Operations On Serving Judges by Blue3k(m): 6:03am On Oct 09, 2016
kenny987:
BREAKING IT DOWN FOR THOSE WHO DO NOT REALIZE WHY IT IS WRONG TO ARREST JUDGES IN THE MANNER DSS DID YESTERDAY.

I could see that many people do not understand the issues involved. But I will try to reduce it to a level where everybody can understand it.

(1) Judges are responsible for sending all the people in prisons to prison. So, if you send a judge to prison, he is going to meet people he sent to prison. (A FORMER judge will still go to prison if convicted of a crime. But mark my word "FORMER" judge). Why did I use the word "former"? Because before sending a judge to prison, you must first remove him from being a judge, so that when he arrives in prison, he will not remain a judge.

(2) All the people in DSS cell today will either be released or charged to court. When charged to court, they will appear before judges. So, if you detain a judge in the same cell as the other people, what will happen tomorrow when they appear in the same court before the judge who was their cell mate?

(3) There is the presumption of innocence, which means that the judges will remain judges until they are proven guilty, which could be 4 years from today. So, it is important to first remove a judge as a judge before he is prosecuted. Otherwise the same man will be standing criminal trial at a time he is still a judge. So, if his own case is coming up on Tuesday, he will serve as a judge on Monday, but on Tuesday, he will stand in the dock as an accused person. Then on Wednesday and Thursday, he would sit as a judge in the next courtroom.

(4) If the judge remains a judge (since he has not been removed as a judge) during the time that his own case is being tried, it is the same DSS prosecutors prosecuting him that will appear before him to prosecute other suspects. If you are a lawyer representing a suspect agains the DSS in the court of this judge who is also being tried by the DSS, you will fear that the judge would be too afraid of the DSS to render impartial judgment.

It is odd, stupid, impracticable and unconstitutional to arrest a sitting judge for a common crime.

Unlike he other zombies on forum crying out for a dictator to love-vendor them out. I see you made some interesting points. It is pretty funny Karma came back with a vengeance to have these accused judges sit in jail. I feel its OK to arrest judges since they are citizens subject to law like everyone else. Typically task force is assembled to handle these kind of matters to arrest judges anyway. I dont think its unconstitutional. The way he went about the arrest is wrong most likely if anything. Since police are federal police that means they are more or less under his control im guessing. He could have coordinated with them same way he did DSS and receive less criticism.

The NBA or NJC will most likely suspend the judges. The cant be having ongoing criminal cases while handing out judgements. Buhari's action broke lots of protocol and probably will have unforeseen repercussions.


kenny987:

This is what the Nigerian law envisaged: If a judge commits a crime, what you report him to the national judicial council (NJC). That is the body that disciplines judges. That body will dismiss the judge within 6 months. Then you can prosecute the judge and there is no possibility of him sitting at the same time as he is being prosecuted.

Ironically, if you start criminal prosecution of a judge, the NJC cannot do anything until you finish the criminal trial, which can take 4 years. So, the best way for a judge to remain a judge for a long time is for you to start criminal trial rather than a disciplinary proceeding to remove him first.

For the reasons I pointed out above, all over the world, there is a special procedure for dealing with a judge that committed a crime. The first step is to remove him as a judge so he will not remain a judge when his case is being tried.

Anybody that supports DSS in this matter does not understand what happened yesterday. Consider the following:

(1) The DSS said they have been monitoring the judges to observe their lifestyle. That means that they were monitoring all the judges. That also means that they have been invading the privacy of these judges all this while. The judges would lose their independence if they are under the indiscriminate surveillance of the DSS.

(2) What is lifestyle? It means everything. The DSS has been engaging in illegal wiretapping and other abuses on the judicial arm of government.

(3) The DSS said they went after the judges for misconduct. Misconduct may not be a crime. So, they went after some of the judges for having girlfriends.

(3) The DSS said they invited the judges who came to meet them during their investigation, If so, why then did you storm their houses in the middle of the night. Why not invite them again and arrest them while they are in your office?.

(4) Where are the arrest warrant for their arrests? Where are the search warrants for search their houses?

(5) Why arrest them on weekend, if not to ensure they will not have access to any court until they have been detained for two days?

(6) When did the DSS audit the lifestyle of the President and his family? Why the judges alone?

To answer questions I'll play devil's advocate for Buhari.

(1) The probably had warrant they would need to present it to court. Hopefully Buhari isn't that reckless to mess that up. They would need probable cause to warrant suspicion but these details wont be revealed yet till case probably starts. Maybe Buhari or DSS will give statement is press or BAR or NJC asked.

(2) These wire taps could be damning but illegal evidence collected will get thrown out anyway.

(3) Odd hour to storm house like drug pusher but nothing illegal. They probably did so based on suspicion monies were being stored at houses. Only that would beg quest why not catch money changing hands or conversation if they really did wire tap?

(4) News articles said they had them.

(5) Hey its legal and besides what good for goose is good for gander. The judges never cared for rules til they are jailed lol.

(6) btw misconduct is corruption and bribery.




kenny987:

In a way, there is something good that will come from this case. Ironically, these judges have been too afraid of the DSS and the EFCC. As a result, they failed over the years to take a clear position on the continued arrest of people without warrant. Now, it has been used on them. They will sit down next week and rule on the matter. I expect them to rule out all but very few arrests without warrant. The same with warrantees searches. Also, these judges allowed the police to arrest people on Fridays and they held that the 24 hour time frame the constitution required did not apply on weekends. There is no reason why it should not apply on weekends. Now it has been used on them.
Emeka Ugwuonye-Facebook

This will probably happen. Buhari did easy work arresting but can his team actually secure a conviction. They had to drop the forgery case a few days ago. If stirs up all this commotion and does not get results he going to loo extremely foolish. For his sake he better have his duck in row before he gets impeached.

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by naijaboy756: 6:28am On Oct 09, 2016
patriotic9jaboy:




Mtcheew undecided
zombie! How many houses does Buratai have in Dubai? M*umu corruption fighter. Where ur certificate? Same judges you hired to defend ur lack of it. Smh

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Re: Understanding The Implications Of Commando Operations On Serving Judges by Abeymills(m): 6:30am On Oct 09, 2016
This amongst many of d dullard daura president mistakes

1 Like

Re: Understanding The Implications Of Commando Operations On Serving Judges by BUHARIISCURSED(m): 6:37am On Oct 09, 2016
fulanimafia:
Complete hogwash.

As usual, the Ugandan yoots are on hand to shield and rationalize corruption in the most humanly backward way possible. "Common crime" indeed.
think like the southerners, stop thinking like an agb oki

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by blackpanda: 6:47am On Oct 09, 2016
OP sorry but your arguments go to no issue. In a democracy nobody should be above the law. There is no immunity for judges. And besides they of all people should be very much aware of the law and therefore be cautious.

You cant be throwing people in jail while you yourself u are a thief. Please lets put away sentiments and bias. Anybody that commits a crime should be punished. Period.

3 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by fineboynl(m): 6:48am On Oct 09, 2016
this look like the suspense part, because every movies have one. I am still trying to figure out whose is the main character.

the DSS invasion in unlawful and criminal. it can also be labeled armed robbery that invades homes at midnight with guns.

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by blackpanda: 6:51am On Oct 09, 2016
[s]
JBUZZ:
For those who think we need to give Bubu Emergency powers.

He hasn't got emergency powers Judges can no longer sleep with two eyes closed.

What if we give him more powers? Then all the repentant zombees will equally be arrested for renouncing zombeeism.
[/s]


Actually u should be thororughly ashamed of yourself. How much did the corrupt judges pay u??

1 Like

Re: Understanding The Implications Of Commando Operations On Serving Judges by kcnwaigbo: 6:59am On Oct 09, 2016
fulanimafia:
Complete hogwash.

As usual, the Ugandan yoots are on hand to shield and rationalize corruption in the most humanly backward way possible. "Common crime" indeed.
After all your rantings these Judges would be released in Monday and some of them will preside over cases that has to do with the DSS.No matter what Buhari does, shebi he would still bring the matter to courts presided by judges.

That is why it is called separation of powers. Buhari can do the arresting but it is still the judiciary that will adjudicate over the case.

6 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by kcnwaigbo: 7:00am On Oct 09, 2016
blackpanda:
[s][/s]


Actually u should be thororughly ashamed of yourself. How much did the corrupt judges pay u??
What exactly made the judges to be corrupt?

3 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by JBUZZ: 7:12am On Oct 09, 2016
blackpanda:
[s][/s]


Actually u should be thororughly ashamed of yourself. How much did the corrupt judges pay u??
You've already convicted them in your mind. We need to think as civilized people. Where did you throw away due process? First report the alleged judges to their council for disciplinary purpose. When they've been removed, then you commence trial. Am not saying the judges cannot be corrupt but we need to be civilized, not behaving like we are in the jungle. Only animals - beasts don't respect human rights. Even if you want are sending a corrupt person to jail, you'll still treat him like a HUMAN not like an ANIMAL.
If we support jungle treatment, one day any of us could become a victim. It's not about the Judges, but about us all as humans with rights.

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by JBUZZ: 7:13am On Oct 09, 2016
kcnwaigbo:

What exactly made the judges to be corrupt?
Some of us actually convict an accused before they're tried in court. cheesy
Re: Understanding The Implications Of Commando Operations On Serving Judges by JBUZZ: 7:16am On Oct 09, 2016
fineboynl:
this look like the suspense part, because every movies have one. I am still trying to figure out whose is the main character.

the DSS invasion in unlawful and criminal. it can also labeled armed robbery that invades homes at night with guns.
It is called "legal burglary" grin
Re: Understanding The Implications Of Commando Operations On Serving Judges by blackpanda: 7:22am On Oct 09, 2016
JBUZZ:

You've already convicted them in your mind. We need to think as civilized people. Where did you throw away due process? First report the alleged judges to their council for disciplinary purpose. When they've been removed, then you commence trial. Am not saying the judges cannot be corrupt but we need to be civilized, not behaving like we are in the jungle. Only animals - beasts don't respect human rights. Even if you want are sending a corrupt person to jail, you'll still treat him like a HUMAN not like an ANIMAL.
If we support jungle treatment, one day any of us could become a victim. It's not about the Judges, but about us all as humans with rights.


Why do we have people who blab without reading or listening to news or even using common sense. The raid was based on report from NJC and private individuals. When u report a case to police, should police then report it back to the victim?? Please use common sense!

1 Like

Re: Understanding The Implications Of Commando Operations On Serving Judges by kcnwaigbo: 7:27am On Oct 09, 2016
blackpanda:



Why do we have people who blab without reading or listening to news or even using common sense. The raid was based on report from NJC and private individuals. When u report a case to police, should police then report it back to the victim?? Please use common sense!
You must be sick!!! Which NJC!!! Where did you get such a report? The NJC indicted them and there are still judges ?

1 Like

Re: Understanding The Implications Of Commando Operations On Serving Judges by blackpanda: 7:29am On Oct 09, 2016
kcnwaigbo:

What exactly made the judges to be corrupt?

Why not go to their cell and ask them
Re: Understanding The Implications Of Commando Operations On Serving Judges by Pidggin(f): 7:34am On Oct 09, 2016
blackpanda:
[s][/s]


Actually u should be thororughly ashamed of yourself. How much did the corrupt judges pay u??

Why was justice Abang excluded from the arrest?

3 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by khadaffi(m): 7:46am On Oct 09, 2016
patriotic9jaboy:
[s][/s]



All you can do is wail. Buhari can arrest anyone he wants so far they are involved in corruption. Democracy gives corrupt people an escape route all in the name of human rights. We need a benevolent dictator to clean the rot in nigeria and buhari is doing a perfect job. If you dont mind the way you critize this government, you will be visited by the Dss in the middle of the night and whisked away to abuja.

It so sad the level we have degenerated to in this country. An arm of government is being threatened and you come online to talk about wailing and zombie. The thing here is just pure intimidation from the executive and the action will not stand. This is clearly a presidential order because ordinarily the DSS wouldn't have done it on their own. Anyone supporting the president in this action does not actually wish him well. Its not news that since Buhari started the corruption fight, he has always complained about the judiciary.

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by redsceptic: 7:47am On Oct 09, 2016
This is a brilliant and informed analysis of the intricacies involved in this case. Kudos to the writer.

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by kcnwaigbo: 7:48am On Oct 09, 2016
blackpanda:


Why not go to their cell and ask them
You were the one that called them corrupt.You should have a reason for saying that

3 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by kenny987(f): 8:04am On Oct 09, 2016
patriotic9jaboy:
[s][/s]

All you can do is wail. Buhari can arrest anyone he wants so far they are involved in corruption. Democracy gives corrupt people an escape route all in the name of human rights. We need a benevolent dictator to clean the rot in nigeria and buhari is doing a perfect job. If you dont mind the way you critize this government, you will be visited by the Dss in the middle of the night and whisked away to abuja.

Really? And my offence would be? Trust me, you would have a visit of no return from the one more than the DSS.
Re: Understanding The Implications Of Commando Operations On Serving Judges by kenny987(f): 8:05am On Oct 09, 2016
patriotic9jaboy:




Mtcheew undecided

Only hiss? Deny it na...Mr Lapdog
Re: Understanding The Implications Of Commando Operations On Serving Judges by SalomonKane: 8:17am On Oct 09, 2016
kenny987:
BREAKING IT DOWN FOR THOSE WHO DO NOT REALIZE WHY IT IS WRONG TO ARREST JUDGES IN THE MANNER DSS DID YESTERDAY.

I could see that many people do not understand the issues involved. But I will try to reduce it to a level where everybody can understand it.

(1) Judges are responsible for sending all the people in prisons to prison. So, if you send a judge to prison, he is going to meet people he sent to prison. (A FORMER judge will still go to prison if convicted of a crime. But mark my word "FORMER" judge). Why did I use the word "former"? Because before sending a judge to prison, you must first remove him from being a judge, so that when he arrives in prison, he will not remain a judge.

(2) All the people in DSS cell today will either be released or charged to court. When charged to court, they will appear before judges. So, if you detain a judge in the same cell as the other people, what will happen tomorrow when they appear in the same court before the judge who was their cell mate?

(3) There is the presumption of innocence, which means that the judges will remain judges until they are proven guilty, which could be 4 years from today. So, it is important to first remove a judge as a judge before he is prosecuted. Otherwise the same man will be standing criminal trial at a time he is still a judge. So, if his own case is coming up on Tuesday, he will serve as a judge on Monday, but on Tuesday, he will stand in the dock as an accused person. Then on Wednesday and Thursday, he would sit as a judge in the next courtroom.

(4) If the judge remains a judge (since he has not been removed as a judge) during the time that his own case is being tried, it is the same DSS prosecutors prosecuting him that will appear before him to prosecute other suspects. If you are a lawyer representing a suspect agains the DSS in the court of this judge who is also being tried by the DSS, you will fear that the judge would be too afraid of the DSS to render impartial judgment.

It is odd, stupid, impracticable and unconstitutional to arrest a sitting judge for a common crime.

This is what the Nigerian law envisaged: If a judge commits a crime, what you report him to the national judicial council (NJC). That is the body that disciplines judges. That body will dismiss the judge within 6 months. Then you can prosecute the judge and there is no possibility of him sitting at the same time as he is being prosecuted.

Ironically, if you start criminal prosecution of a judge, the NJC cannot do anything until you finish the criminal trial, which can take 4 years. So, the best way for a judge to remain a judge for a long time is for you to start criminal trial rather than a disciplinary proceeding to remove him first.

For the reasons I pointed out above, all over the world, there is a special procedure for dealing with a judge that committed a crime. The first step is to remove him as a judge so he will not remain a judge when his case is being tried.

Anybody that supports DSS in this matter does not understand what happened yesterday. Consider the following:

(1) The DSS said they have been monitoring the judges to observe their lifestyle. That means that they were monitoring all the judges. That also means that they have been invading the privacy of these judges all this while. The judges would lose their independence if they are under the indiscriminate surveillance of the DSS.

(2) What is lifestyle? It means everything. The DSS has been engaging in illegal wiretapping and other abuses on the judicial arm of government.

(3) The DSS said they went after the judges for misconduct. Misconduct may not be a crime. So, they went after some of the judges for having girlfriends.

(3) The DSS said they invited the judges who came to meet them during their investigation, If so, why then did you storm their houses in the middle of the night. Why not invite them again and arrest them while they are in your office?.

(4) Where are the arrest warrant for their arrests? Where are the search warrants for search their houses?

(5) Why arrest them on weekend, if not to ensure they will not have access to any court until they have been detained for two days?

(6) When did the DSS audit the lifestyle of the President and his family? Why the judges alone?

In a way, there is something good that will come from this case. Ironically, these judges have been too afraid of the DSS and the EFCC. As a result, they failed over the years to take a clear position on the continued arrest of people without warrant. Now, it has been used on them. They will sit down next week and rule on the matter. I expect them to rule out all but very few arrests without warrant. The same with warrantees searches. Also, these judges allowed the police to arrest people on Fridays and they held that the 24 hour time frame the constitution required did not apply on weekends. There is no reason why it should not apply on weekends. Now it has been used on them.

Emeka Ugwuonye-Facebook
So the writer of this foolish piece is saying that a sitting judge is above the law, because he committed a common crime?

Wow!

2 Likes

Re: Understanding The Implications Of Commando Operations On Serving Judges by kcnwaigbo: 8:24am On Oct 09, 2016
blackpanda:
OP sorry but your arguments go to no issue. In a democracy nobody should be above the law. There is no immunity for judges. And besides they of all people should be very much aware of the law and therefore be cautious.

You cant be throwing people in jail while you yourself u are a thief. Please lets put away sentiments and bias. Anybody that commits a crime should be punished. Period.
That's why we have procedures which must be followed to the latter

1 Like

Re: Understanding The Implications Of Commando Operations On Serving Judges by Nobody: 9:18am On Oct 09, 2016
patriotic9jaboy:
[s][/s]



All you can do is wail. Buhari can arrest anyone he wants so far they are involved in corruption. Democracy gives corrupt people an escape route all in the name of human rights. We need a benevolent dictator to clean the rot in nigeria and buhari is doing a perfect job. If you dont mind the way you critize this government, you will be visited by the Dss in the middle of the night and whisked away to abuja.

Shame on you! One may try to overlook the govt going a little extrajudicial to recover loots and cut corruption. As a matter of fact I don't feel for the judges, even one bit. But whisk away people for criticizing the government? That only portrays you as a degenerate fascist.
Re: Understanding The Implications Of Commando Operations On Serving Judges by fulanimafia: 10:03am On Oct 09, 2016
BUHARIISCURSED:

think like the southerners, stop thinking like an agb oki

No I think I'm happy not thinking like criminals, cannibals, ritualists and drug pushers. Now swerve as you'll be ignored henceforth.

Thank you.

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