———Daniel Gregory Daniel



I have read several articles and comments alike about the proprietary or otherwise concerning the DSS raid and arrest of some members of the bench on the 8th of October, 2016. What bothers me is not just the vague arguments and laws cited, but us being so naive to even think we can comfortably cloud our eyes to due process, injustice and despotism especially while we are in a democratic platform.
So many people have cited laws and have even borrowed precedents from other sovereign state, all in a bid to play the devil’s advocate and screw deeper some justification just to back up their misconceived views.
Falling to understand the key issues in this matter has no doubt create the gap for this unnecessary laws and precedents cited by so many contributors. As such I would be drawing the vital issue here for determination. Which are as follows.

i.) Whether the DSS or other security agency alike in Nigeria has the disciplinary powers to discipline Judicial Officers?

ii.) Whether the actions of DSS qualifies and or can be condone as an investigative attempt?

A proper understanding of these issues, settles the disputes in this matter.

As for issue one.

It should be noted that the Constitution in Section 153(1)(i) and Part 1 of the Third Schedule thereto establishes the National Judicial Council (NJC) and empowers same to regulate and discipline judges across the Country.
Section 21 of Part 1 of the Third Schedule which specify the powers of the NJC, states in paragraph (b) and (c) in effect that the National Judicial Council shall have power to recommend to the President or Governor (depending whether it has to do with the federation or a state) the removal from office of a judicial officers, and to exercise disciplinary control over such officers.
That provision is no doubt a clear case of checks and balances as between the Executive and the Judiciary, so as to curtail the arbitrary use of power by either of the arms.
To this end, the proper path to follow to discipline any erring judges will be to forward a petition containing any wrong doing to the NJC along with any evidence in support thereof. Which the NJC shall react on it accordingly.
Though the actions of the DSS doesn’t amount to being disciplinary or removal, since they lack such capacity.
However, it should at best be seen as a direct assault and battery to our democratic existence. It’s not only a Ceaser’s stab to our sacred doctrines of Separation of Powers and Checks and Balances, but a dead pool to strict negation of following due process.
Aside the fact that, it is unprecedented all through our existence as a nation, not even during the dreadful era of the military regime.

Or could the actions of DSS qualify as an investigative routine? This will lead us to addressing the second issue.

Though, just like many may tempt us to perceive, that the actions of DSS should at best be seen as an investigative attempt. I will urge us to resist such temptations and call a spade by its name. Going by the functions and duties of the DSS as contained in the National Security Agency Act. It is submitted that their functions deals with actions that mainly threatens the external and internal security of Nigeria. Consequently, since according to the press release issued by them on the 8th of October, 2016, it wasn’t the case that these Judges were involved in any actions that threatens our national security either external or internal like harbouring of terrorists and the likes. It is submitted that the proper body to carry such investigation should have been the EFCC, ICPC or even Nigerian Police.
Also the force applied and the nature of the circumstances in place, points differently for use to conclude the actions of the DSS as an investigative attempts. This is due to the fact that the spanned detention itself by DSS is uncalled for. Having a coordinated interview and, or an authorised search would have been proper in a civilized setting anchored on the tenets of democracy. But that wasn’t the case here.

With the foregoing, it is material to note that citing section 148 and 149 of the Administration of Criminal Justice Act, so as to justify whether the arrest is proper or not, was far too unnecessary.
Also, it is quite unfortunately lame, that other contributors are making use of precedents of same raiding in other climes like in the United State to justify what happened in Nigeria.
It should be noted that, United State is United State and Nigeria is Nigeria. Our laws and that of United State are not the same. While that of our laws have established a body to attend to matters as these nature, the laws of that of other clime may call for a direct arrest by the police and immediate prosecution, but ours doesn’t.
This is the very reasons we call on the Presidency being the Commander in Chief of the arm forces, and the DSS to abide on due process, as the actions taken is unconstitutional, bereft of legal backings and grossly undemocratic. It is highly condemnable, as the independence of the Judiciary must be protected at all times, and not discouraged, threatened, bullied, nor jeopardize.

Daniel Gregory Daniel is a Legal Practitioner

http://nextnewslive.com/a-legal-exposition-to-the-recent-actions-of-the-dss-to-the-bench-barr-d-g-daniel/

I really Hate to see Corrupt Legal Practioners. Just imagining your last hope of fair Justice is enticed with massive Liars.

The first few lines of your write up gave you away.

We need you to share what the law says about the powers of law enforcement agencies. And if the law says that their powers excludes the ability to arrest a suspect.

Afriifa:
I really Hate to see Corrupt Legal Practioners. Just imagining your last hope of fair Justice is enticed with massive Liars.

when will Buhari the saint obey judges from ECOWAS since to him Nigerian judiciary is corrupt.

vengertime:
when will Buhari the saint obey judges from ECOWAS since to him Nigerian judiciary is corrupt.

to be Honest I don't like Buhari one Bit. Neither his policies but this arresting judges of a thing if truly they are corrupt, then i am happy to say for once Mr President did the right thing... I can tolerate a corrupt Legislature but not a corrupt Judiciary. As for him not obeying Ecowas orders we can agree on that and criticize him together until he finally Obeys.

deking:
The first few lines of your write up gave you away.

We need you to share what the law says about the powers of law enforcement agencies. And if the law says that their powers excludes the ability to arrest a suspect.

PLEASE READ THIS:

By Greg Odutayo

"For those of us who are still in doubt of the actions of the DSS...

Administration of Criminal Justice Act of 2015 says

Part 18 Search Warrant

Section 148
A search warrant may be issued and executed at any time on any day, including a Sunday or public holiday.

149 (1)
Where any building, thing or place liable to search is closed, a person residing in or being in charge of the building, thing or place shall on demand of the police officer or other person executing the search warrant allow him free and unhindered access to it and afford all reasonable facilities for its search.

149 (2)
Where access into the building, thing or place cannot be obtained, the police officer or any other person executing the search warrant may proceed in the manner prescribed by section 9, 10, 12, and 13 of this Act.

12 (2)
Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested and in order to effect an entrance into the house or place may break open any outer or inner door or window of any house or place. Whether that of the suspect to be arrested or any other person or otherwise effect entry into such house or place if after notification of his authority and purpose and demand of admittance duly made, he cannot obtain admittance.

Need I say more?
And by the way, a search warrant I hear can even be signed by a magistrate court judge and ........A Justice of the Peace."