Editorial: DSS Arrest of Court Judges and Matters Arising!
EMMANUEL ASIWE 10 OCTOBER 2016 HITS: 285
OPINIONS
PREVIOUS ARTICLE
Nigeria’s fight against terror and the search for Chibok girls (1)
NEXT ARTICLE
Why It Is Wrong To Arrest Judges In The Manner DSS Did
The Buhari administration may just have set the tone for executive lawlessness with the assault against the judiciary arm of government after an unprecedented sting operation by the Department of State Services (DSS) targeting judges accused of corruption in Abuja and some states. This brigandage was an ignominious and reprehensible act of violence against the judiciary and, by extension democracy. It is a mindless circumvention of the constitution; shameful, embarrassing and unacceptable that in a supposedly democratic government, the judiciary, a staunch pillar of the society, could be so brazenly attacked. This portends grave danger for Nigeria. The president should not just watch the unfolding drama idly but should condemn it and stop what portrays his administration as dictatorial. Muzzling the judiciary, wittingly or unwittingly, is an infringement that offends the sensibilities of Nigerians in their diverse inclinations and should never happen again. Nigeria has had enough of lamentations.

The monumental embarrassment came without notice. The DSS claimed it had credible intelligence on the illicit activities of the judges, which it investigated before launching the early morning raid in Gombe, Port Harcourt, Kano, Sokoto and Enugu. DSS said in a statement that the raids followed due process and was in line with its core mandate. “These operations were based on allegations of corruptions and other acts of professional misconduct by a few of the suspected judges… we have been monitoring the expensive and luxurious lifestyle of some of the judges as well as complaints from the concerned public over judgement obtained fraudulently and on the basis amounts of money paid. The judges involved were invited, upon which due diligence was exhibited and their premises searched. The searches have uncovered huge raw cash of various denominations, local and foreign currencies, with real estate worth several millions of Naira and documents affirming unholy acts by these judges.”

These explanations, given after public outcry, are merely face-saving and self-serving. They are bizarre, even if they seem expedient, as they mock Nigeria and all her pretence to be a country governed by the rule of law. To begin with, what does “lifestyle” mean in this context? Obviously, the DSS has admitted that it engaged in in illegal wiretapping and surveillance of the judicial arm of government. Besides, are issues pertaining to “professional misconduct” of judges within the remit of the DSS to handle? After inviting the judges as part of “due diligence” why didn’t DSS arrest them after establishing a prima facie case against them? Why storm their homes at ungodly hours on Saturday if not to ensure detention throughout the weekend? Were there even search and arrest warrants, and who signed the warrants?

Whatever the intelligence, the action violated the sagely candor and venerated image of the judiciary as a respectable arm of government. That DSS sidestepped the National Judicial Council (NJC); the body responsible for discipline of judges involving violations of the Code of Conduct as outlined in Section 292(1) of the constitution. This usurpation of the functions of the NJC raises fundamental questions over the constitutionality of the action and reinforced public perception of Buhari’s dictatorial recidivism. Granted that Judges have no immunity and should be prosecuted if they engage in corruption, still, all over the world, there are special procedures for dealing with errant judges.

The first step is to remove the judges from the bench, so they are no longer judges when their cases are being tried. In this case, DSS should have referred the matter to the NJC, for disciplinary proceedings which can take no longer than six months. If the NJC dismisses the judges, DSS can then prosecute them as former judges. With the DSS action, the NJC is now hamstrung and can only act after the DSS criminal proceedings, which can take up to four years. In the meantime, the accused judges will still be acting as judges. It will be a depressing sight to see a judge shuttling between presidium and the accused box. 

It is a huge disservice to Nigeria that the political atmosphere is so fouled up and what should have been a salutary development in the quest for purity in the judiciary has been tainted by the needless resort to Gestapo tactics. For the reasons of decency, of self-respect, of a sense of propriety, and consideration for best practices in public office, the President should have resisted the temptation to resort to such a crude display of raw power, if only because any action targeting Judges from the South has bad optics.

It is even more worrisome that two of the judges; Justice Adeniyi Ademola and Justice Nnamdi Dimgba; ruled against the DSS and condemned its impunity in the cases of former National Security Adviser, Col Sambo Dasuki (rtd), and Air Commodore, Umar Mohammed (rtd). Already, speculation is rife that the involvement of Justice Onnoghen was a sinister plot to prevent his appointment as the next Chief Justice because he is from the South-south region. If this was a matter of mere coincidence, it was a grave error not mitigated by its innocence, as it creates a tension of its own in an atmosphere that has been charged with so much sectionalism.

Either way, the home invasion and arrest of judges is a sad commentary on due process of law, administration of criminal justice and the fight against corruption in Nigeria in addition to being the shame of a nation. And it is most embarrassing to Nigerians that this could occur, even in a country with the facade of a civilized nation. In all of these, Nigerians who are traumatized by lack in every area, who groan under the yoke of poverty are the ultimate losers. It is also a pity that well-meaning Nigerians merely watch in bewilderment this egregious assault on the judiciary, forgetting that the price they pay for this is good governance. What times like this require are virile civil society organizations, a dynamic citizenry, a vocal populace and a Nigerian Bar Association that is bold enough to decry audacious abuse of state authority and powers. 

Nigerians cannot afford to be guilty of conspiracy of silence, mute indifference and cold complicity which their silence would suggest should they continue to ignore these humongous travesties of justice without a modicum of decorous protest. This is where the NJC must come in to save its own reputation. If the growing perception that justice can be bought from a judge is to be diffused, the NJC must begin to show Nigerians that judges who aid and abet judicial corruption can be disciplined, irrespective of rank or class. To this end, once the requisite institution has indicted corrupt judges, the NJC should lead the way to ensure that diligent prosecution takes its course.

The sad thing, though, is that despite this frenetic energy dissipated in fighting corruption, the critical question remains: why has no one been convicted and what has Nigeria gained from all of this? As a needless rigmarole, the arrest of the judges betrays the Buhari regime as merely putting up a strategy to rustle the polity by playing the familiar old game of governing by distraction. This is governance within the context of doing nothing. This is the kind of shadow-boxing that frustrates proper governance and puts the judiciary in odium and disrepute. Whether the President authorized the unwarranted assault on the judiciary or not; he bears responsibility for that irresponsible action, as the buck stops on his desk. And history will judge him harshly if he does not speak up against this assault and insist on its never happening again.

http://huhuonline.com/hunew/index.php/opinions/8516-editorial-dss-arrest-of-court-judges-and-matters-arising

Another rubbish write up, laden with sentiments and devoid of facts.

The questions still remain:

Are Judges above the law?

Do Judges have immunity?

Should we keep condoning corrupt Judges in our Judiciary system in the name of "sanctity of the Judiciary"?

What is the impact of corrupt judiciary on our morals and decency of our society, taking into cognisance that Judges are representatives of "God" on earth? Just imagine either worshipping or respecting , "corrupt God".

Are some judgements coming from some of these judges not embarrassing to humanity? How can a sane judge give a restraint order I perpetuity on law enforcement agencies from investigating or arresting an Ex-Gov for corrupt practises against the state, knowing the full impact o such practises on the citizens of the state he governed?

Does NJC have the power to prosecute? How many have they prosecuted?

Which particular law was broken by DSS during the course of their operation?

Is DSS not empowered to carry out such operations?

Your sentimental write up gave you up as a lazy writer with a fair sheer of hatred for PMB. Sentiments are Sentiments and facts will always remain facts. Step out of your sentiment to discuss Facts.

papparatzzi2013:
Another rubbish write up, laden with sentiments and devoid of facts.

The questions still remain:

Are Judges above the law?

Do Judges have immunity?

Should we keep condoning corrupt Judges in our Judiciary system in the name of "sanctity of the Judiciary"?

What is the impact of corrupt judiciary on our morals and decency of our society, taking into cognisance that Judges are representatives of "God" on earth? Just imagine either worshipping or respecting , "corrupt God".

Are some judgements coming from some of these judges not embarrassing to humanity? How can a sane judge give a restraint order I perpetuity on law enforcement agencies from investigating or arresting an Ex-Gov for corrupt practises against the state, knowing the full impact o such practises on the citizens of the state he governed?

Does NJC have the power to prosecute? How many have they prosecuted?

Which particular law was broken by DSS during the course of their operation?

Is DSS not empowered to carry out such operations?

Your sentimental write up gave you up as a lazy writer with a fair sheer of hatred for PMB. Sentiments are Sentiments and facts will always remain facts. Step out of your sentiment to discuss Facts.

Guy, talking about sentiments, why your anger come reach like this.

It's just another opinion, another view point

No burst an artery pls