THE INVASION OF THE JUDGES’ RESIDENCES AND THE BOTTOM OF OBSCENITY: PURSUIT OF A NOBLE END THROUGH AN UNCONSTITUTIONAL PATHWAY

“It must be considered that there is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things” Niccolo Machiavelli, 1469-1527

BACKGROUND FACTS:
THE EVENTS OF 7th AND 8th OCTOBER, 2016.
It is no exaggeration to state that a pall of darkness descended on the Judiciary of the Federal Republic of Nigeria on the night of 7th October, 2016. On the 8th October, 2016, Nigerians woke up to alarming news that shook the foundation of Nigeria’s democracy which reverberated across the length and breadth of the whole nation. The private residences of some Justices of our Supreme Court and Federal High Court Judges were massively invaded by Security Operatives identified to be men of State Security Service (SSS), in the dead of the night to ostensibly search and arrest these Chief Priests in the Temple of Justice. The affected “serving Judicial Officers” include;
(a) The Honourable Justice John Inyang Okoro of the Supreme Court
(b) The Honourable Justice Nwali Sylvester Ngwuta of the Supreme Court
(c) The Honourable Justice A.F.A. Ademola of the Federal High Court
(d) The Honourable Justice Nnamdi Dimgba of the Federal High Court
Attempt was said to have been made on the purported residence of another unnamed Federal High Court Judge in PortHarcourt, Rivers State, but was thwarted by the Governor of the State, Nyesom Wike, who incidentally is a Lawyer and the wife a serving High Court Judge of the State. The Governor, mobilized to the venue and firmly insisted that as the Chief Security Officer of the State, he could not allow masked security operatives to ‘abduct’ a serving Federal High Court Judge from his residence by 1am since the said arrest could still be effected in the morning, more so when the person sought to be arrested was not a high-profile criminal, a boko-haram terrorist or the likes but a respected member of the society in the person of a Judicial Officer who if he had been invited by the Security Authorities would have honoured the invitation. In the end, the Governor succeeded in preventing the Security Operatives from having their way not necessarily by the Governor’s persuasive reasoning anyway but by sheer physical interference because according to the Governor, the security operatives went the bizarre mile of manhandling him and even cocked their guns and threatened to snuff life out of him but yet he refused to be cowed by that.
Hours after this mind-boggling news dominated the Nigerian airwaves, the men in the eye of the storm, the State Security Service (that is their legal name. In law nothing like Department of State Security, DSS, exists), addressed a Press Conference. In their own statement, the Judicial Officers whose residences were raided and some of whom were arrested subsequently were being accused of judicial misconduct, bribery and corruption to influence certain judgments and scary quantum of raw cash in different denominations and currencies recovered from them. They further alleged in their press briefing that but for the intervention of ‘one governor in the South/South’ region of the country, they could have recovered from the residence of a serving unnamed Federal High Court Judge against whom their operation was targeted the whooping sum of Two Million United States Dollars which approximates to One Billion Nigerian Naira at the current foreign exchange rate.
On the 11th day of October, 2016, two of the affected Federal High Court Judges, in their separate letters to the Honourable the Chief Justice of Nigeria, Justice Mahmud Mohammed, chronicled a scary narrative of how their residences were massively invaded by masked and heavily armed security operatives in trucks. On his part, Hon. Justice A.F.A. stated how the invading security operatives informed him that the reason for his arrest was tied to the bail he granted the ‘unlawfully’ detained Leader of the Indigenous People of Biafra (IPOB), former National Security Adviser, Col. Sambo Dasuki (rtd.) and the elevation of his wife to the Office of the Head of Service of Lagos State through the assistance of Senator Ahmed Bola Tinubu, a former Governor of Lagos State. On his own part, Hon. Justice Dimgba narrated how the invading security personnel carted away a bag containing many Rulings and Judgments in different matters he was working on. He lamented that unless those sacred and highly classified documents were returned to him, it would be extremely difficult, if not well-nigh impossible, for him to deliver those Rulings and Judgments. He equally recounted how the Security Operatives, before the incidence, has been harassing the Registrar of his Court, inviting her every now and then to inquire into the manner of performance of his judicial functions with a view to establishing possible blemishes to nail him.
One common denominator contained in the narratives of the two Federal High Court Jurists is that they both have at one time or the other given decisions against the State Security Service considered unfavourable to the interest of the Government of the day. Worthy of note is that the said decisions handed down by the two embattled Federal High Court Jurists against the Government of the day have not been complied with and curiously too, the non-compliant Government has not considered it fit to appeal against the said decisions, apply for them to be vacated nor have their execution stayed even as at the time of writing this. In the end, the two Jurists, in their separate letters, sought, in identical languages, the leave of the Chief Justice of Nigeria (who doubles as the Chairman of the NJC) for them to apply to the Court for the enforcement of their fundamental rights grossly breached by the offending security operatives unless the CJN otherwise advises. It is not clear whether the affected two Supreme Court Justices have written to the Chief Justice of Nigeria as non is available to this writer as at the time of this writing.
PUBLIC REACTIONS
Expectedly, the umbrella Body of Legal Practitioners in Nigeria, the Nigerian Bar Association, robustly rose to the occasion and strongly condemned the attack on the Judiciary and described it as an unholy attempt to intimidate, cow and humiliate the Judiciary which is a grave threat to democracy. In their press briefing in Lagos on the night of 8th October, 2016, the Body issued an ultimatum on President Muhammadu Buhari (PMB) to order the immediate release of the Judicial Officers unconditional or the Body will take steps that will have consequences.
The Chief Justice of the Federation on the 10th of October, 2016, during the valedictory court session of the Honourable Justice Galadima, described the raid and arrest of the embattled Judicial Officers as unfortunate and regrettable and announced that the National Judicial Council (later in this write-up called the NJC) will convene an emergency meeting to tackle the situation and come up with a position. At last, the NJC came out with its position that strongly condemned the action of the SSS, emphasized the independence of the Judiciary anchored on the doctrine of separation of power and described the incidence as an attempt by the Executive to overreach itself and cow and subdue, shame and humiliate the third Organ of Government, the Judiciary.
MY PERSONAL ENCOUNTER WITH THE THREE OF THE EMBATTLED JUDICIAL OFFICERS:
Before I move into the heart of this article, I will quickly note that I have had personal encounters with three of the embattled Judges involved in this matter at different times. It is only fair that my reader is aware of this fact.
On the part of the Honourable Justice John Inyang Okoro, I had the singular privilege of having my Benchers Form signed by him. For one to be called to the Nigerian Bar, one of the conditions to be fulfilled is that he must have been sponsored by at least two Benchers. The Honourable Justices John Inyang Okoro and Chima Centus Nweze, both of the Supreme Court, sponsored me by signing my Body of Benchers Form. Justice Okoro gave me very incisive paternal advice pregnant with many values I will continue to value in life. He prayed for my success at the Bar Finals which I passed to the glory of God.
On the part of the Honourable Justice Nwali Sylvester Ngwuta, he it was who, upon my request in his chambers, wrote a personal letter to D.D. DODO, SAN, urging him to accept me in his busy chambers for the NYSC service year. Although I later did not serve in that office given that NYSC posted me to Kebbi State, the encounter I had with Justice Ngwuta left a lot of inspirational impression on me which will never go away as I will not surrender them.
On the part of the Honourable Justice A.F.A. Ademola, I have since after my call to Bar, severally appeared before him in pro bono defence of indigent defendants standing criminal trials in his Court at the Federal High Court, Abuja. As a defence counsel, it has always been my lot to offer allocutus (plea for leniency) on behalf of convicted criminals in mitigation of the sentences due to them. In his fatherly tenderness (and still within the confines of the law), he has always mitigated the sentences of the people I stood for and has graciously on one occasion commended my young advocacy skills. Such commendation from the Bench means so much for every attorney. More significantly, I was one of the Counsel on record appearing for the detained IPOB Leader, Maazi Nnamdi Kanu on the 17th day of December, 2015 when he was granted bail unconditionally by Honourable Justice Ademola.
OBJECTIVE OF THIS WRITING:
Without unnecessarily circumlocution, the focus of this writing is to explore the position of the law as it relates to the disciplining of ‘Judicial Officers’ in Nigeria which is at the heart of the entire saga that eventuated in the writing of this short opinion with a view to calibrating the lawfulness or otherwise of the enterprise embarked on and executed by the SSS.
THE POSITION OF THE LAW:
No doubt, the events that provoked this academic inquiry have gathered enormous but divergent public reactions and in the process generating multiple interpretations and opinions as to whether or not a ‘Judicial Officer’ could be arrested in the manner done by the SSS. Many theories and camps of scholars have emerged either for or against the propriety or otherwise of the actions of the SSS. In all of this, the warring parties seem to have some points of convergence. They all seem to agree that Law Enforcement Agencies have the powers to arrest anybody who runs afoul of the laws of the land regardless of status unless such a person enjoys immunity as provided for under our Constitution. For economy of space, let us quickly proceed on the plane of the common knowledge that no known law confers immunity from criminal prosecution on any Judicial Officer in Nigeria. Assuming without conceding that the action of the SSS is covered and supported by the Act establishing it, the most important question of law is whether the SSS and indeed any other Agency of the Federal Government with prosecutorial powers could set its prosecutorial powers in motion against a Judicial Officer who has not faced the NJC and dismissed accordingly. In other words, the right question to be submitted for the determination of a court of competent jurisdiction could be properly framed thus;
Whether upon a proper interpretation of section 153 (1) (i) and Paragraph 21 (a) to (d) of the Third (3rd ) Schedule to the Constitution of the Federal Republic of Nigeria and the sacred doctrine of separation of powers consecrated in our constitution, any government prosecutorial authority could kick-start any criminal process (from arrest to trial) or set its prosecutorial powers in motion against any sitting judicial officer as defined by the Constitution where and when such sitting judicial officer has not faced disciplinary proceedings of the NJC as ordained by the Constitution of the Federal Republic of Nigeria and dismissed accordingly?
The above question of law and the need for the court to come up with an answer has become very compelling against the background of the facts culminating in this our academic inquiry. As a matter of fact, not even this writer pretends to have the much sought-after answer. But, there is still a solution in sight.
SOLUTION:
On my part, by way of an action, the question as framed above has been submitted by this writer for the determination of the Federal High Court. In the said suit, we are urging the Court, in the event the question is resolved in favour of trying Judicial Officers after they have been dismissed by the NJC, to grant the following reliefs;
1. A DECLARATION of this Honourable Court that the invasion and search of the premises of the judicial officers named in paragraph (6) of the 1st Plaintiff’s Affidavit in support of this Originating Summons and the subsequent arrest of the said judicial officers by the agents of the 3rd Defendant on the 7th day of October, 2016 is illegal, unconstitutional, a nullity and therefore void.

2. A SOLEMN DECLARATION of this Honourable Court that unless and until a sitting judicial officer has faced the disciplinary proceedings of the 10th Defendant and dismissed by her, no criminal proceedings could be kick-started against him by any of the 2nd to 6th Defendants or any other agency of the Government with prosecutorial powers.

3. AN ORDER of this Honouarble Court setting aside the arrest of the judicial officers named in paragraph (6) of the 1st Plaintiff’s Affidavit in support of this Originating Summons carried out on the 8th October, 2016 and all other subsequent steps taken in furtherance of the said arrest.

4. AN ORDER OF PERPETUAL INJUNCTION restraining all the 1st to 6th Defendants or any other agency of the Federal Government with prosecutorial powers, either by themselves, agents, assigns or privies, from kick-starting any criminal proceedings (from arrest to trial) or set its prosecutorial powers in motion against any sitting judicial officer as defined by the Constitution unless and until such sitting judicial officer has faced disciplinary proceedings of the 10th Defendant as ordained by the Constitution of the Federal Republic of Nigeria.
CONCLUSION:
If our action succeeds in court, we must have succeeded in establishing a precedence that will serve as a reference point tomorrow and also forestall the possibility of the re-occurrence of the situation we are presently contending with. Is that not a plausible solution? I think it is.
Let me say, before signing off this discourse, that the fight against corruption, currently being championed by PMB’s Administration is most desirable and ought to enjoy the unqualified support of all persons who mean well for this great country given the ashes of misery and untold hardship the cankerworm has mindlessly sprinkled on Nigerians. The massive onslaught is most welcome. In fact, to demonstrate his support in this crusade, this writer has concluded plans to send a written request to the Economic and Financial Crimes Commission (EFCC) to assign him matters to handle for the Commission pro bono (free of charge). Section 15 (4) of our amended 1999 Constitution mandates the Nigerian State to “abolish all corrupt practices and abuse of power”.
There is no argument that corruption exists in the third organ of the Nigerian Government (the Judiciary). Anybody who challenges this assertion needs not go beyond the reported case of Uba v. Ukachukwu (No.2) to see how rotten some of our judicial officers could be and how low people could descend in perversion of justice. Indeed, if there is any department of our national life where we need to clean the Augean stable urgently, the Judiciary is that one department where radical and holistic reform should no longer be delayed.
Not minding the foregoing, the point must be equally be made with emphasis that Rule of Law is the cardinal ingredients of democracy. In Nigeria, we practice democracy. Another noteworthy ingredient in the cooking pot of democracy is separation of powers. No democracy worth its onion would sacrifice the Rule of Law on the altar of fighting corruption no matter the expediency. No ‘good intention’ is ‘good’ enough to trample on our Constitution which is the ark of our covenant as a people. The “good” sought in an unconstitutional act has aptly been described by the Chief Justice Taft of the United States of America as ‘an insidious feature’ in the much celebrated case of Bailey v. Drexel Furniture Co. 259 US (1921). While we agree that Nigeria as a country is currently paying a very high price for corruption, we must quickly in another breath warn that in the event the law loses its respect and becomes incapable of commanding obedience (which the action of the SSS precipitates), our Judiciary will fall into odium and disuse thereby opening the floodgate of anarchy, large-scale impunity and erosion of fundamental human rights of citizens. The actions of the SSS being scrutinized herein are capable of emasculating, castrating and rendering our democracy impotent by the overbearing tendencies of the Executive which will hurt our Constitution beyond repair and at worst, uproot democracy out of Nigeria, thereby enthroning anarchy, fascism and unbridled tyranny of the rankest specie. That is clearly hitting the bottom of obscenity.
It is also rather reprehensible that this Government led by PMB has come to be known as a government that lacks respect for the Rule of Law as there are stockpile of Court Orders stacked against it which it has scandalously refused to obey, worse still the judgment of the ECOWAS Court sitting right here in Nigeria. Disobedience to Order of Court is a sign of clear and present danger. It is an invitation to anarchy and highway of perdition. It is only a dangerous and wicked leader that can opt to take his country on such a disastrous and most-dreaded path. Handlers of PMB, especially the Honourable Attorney-General of the Federation, Mr. Abubakar Malami, may need to organize a crash programme for Mr. President on the import of Sections 1 (1) and 287 of our Constitution which he himself swore to uphold and defend at all times. It is possible Mr. President has never read nor understood any of those provisions. If he has not, the time to do so is NOW!!! I find here a convenient place to stop.

JOHNMARY CHUKWUKASI JIDEOBI, Esq.

(17th October, 2016).

even if you are saying the truth.... little or no person will read all this story to the end

tsmat:
even if you are saying the truth.... little or no person will read all this story to the end

Little wonder people don't read terms and conditions before clicking yes.

Johnmary Esq is hereby advised to read the Administration of Criminal Justice Act 2015 again, except he is suggesting an amendment to the ACJA 2015

The following areas of the ACJA support the actions of the President for dealing with the judges the way it did:
1. Sections 12(2) & 13
2. Section 43 (1)
3. Section 23
4. Section 44
5. Section 47 (1)
6. Section 147
7. Section 148

Enough of criminals in wigs feeling big despite operating in unprofessional manner.

jamace:
Johnmary Esq is hereby advised to read the Administration of Criminal Justice Act 2015 again, except he is suggesting an amendment to the ACJA 2015

The following areas of the ACJA support the actions of the President for dealing with the judges the way it did:
1. Sections 12(2) & 13
2. Section 43 (1)
3. Section 23
4. Section 44
5. Section 47 (1)
6. Section 147
7. Section 148

Enough of criminals in wigs feeling big despite operating in unprofessional manner.

the constitution supersedes. charge and bail lawyer.

Legal australistic sondrolysis Oppsss I mean lawyers and their tuatualistic tendencies if you still didn't get me, then consult Hon. Patrick to say it better and correct for you

SmartChoices:

the constitution supersedes. charge and bail lawyer.

you call him 'charge and nail lawyer's BroS he produced facts that twarts an idiotic attempt to be intelligent?

You wailers are hopeless...

When you said l, 'the Constitution supercedes', shey the sections he quoted are from the 'insitution' ni?

Eyin were wonyi...

SLIDEwaxie:
you call him 'charge and nail lawyer's BroS he produced facts that twarts an idiotic attempt to be intelligent?

You wailers are hopeless...

When you said l, 'the Constitution supercedes', shey the sections he quoted are from the 'insitution' ni?

Eyin were wonyi...

next time quote me intelligently.

It is possible Mr. President has never read nor understood any of those provisions. If he has not, the time to do so is NOW!!! I find here a convenient place to stop.[/quote] He no get WAEC certificate how can he read

SmartChoices:

next time quote me intelligently.

U are really the unintelligent one here

This is too detailed for our Field Marshall to read and stuff in a Mind that is already overloaded with details of more Judicial Officers and National Assemblies members to be humiliated and arrested Gestapo Style. I have always said that our Field Marshall is acting a script written for him by Iran, Iraq, Saudi and Sokoto Caliphate.

mrvitalis:
U are really the unintelligent one here

really? enjoy your delusional grandiosity

Nice one

SmartChoices:

the constitution supersedes. charge and bail lawyer.

Don't mind the foolish Illiterate lawyer

mrvitalis:

U are really the unintelligent one here

i can't believe that someone of your level on this platform, who has made statements proving that you have been schooled and exposed to the grandeurs of life can make this statement.
Or are you saying that you never knew that the Constitution supersedes any law that comes contrary to its existence?
No! No!! No!!! I refuse to believe in this action of yours, it's either your account has been hacked or you are telling us of your perverted course due to some naira notes in-flow...
Now i know that some people here are boys who never grow to a man in the truth...
Boys! Please mind what you type because it tells of you more than anything.

hamilton62:

i can't believe that someone of your level on this platform, who has made statements proving that you have been schooled and exposed to the grandeurs of life can make this statement.
Or are you saying that you never knew that the Constitution supersedes any law that comes contrary to its existence?
No! No!! No!!! I refuse to believe in this action of yours, it's either your account has been hacked or you are telling us of your perverted course due to some naira notes in-flow...
Now i know that some people here are boys who never grow to a man in the truth...
Boys! Please mind what you type because it tells of you more than anything.

Am not a lawyer and i don't have the constitution off hand.. . He quoted the constitution to counter u. . All u could have done is to quote the same constitution to counter him. .. Instead of the insult

mrvitalis:

Am not a lawyer and i don't have the constitution off hand.. . He quoted the constitution to counter u. . All u could have done is to quote the same constitution to counter him. .. Instead of the insult

you now cry foul?
check your quote before mine...

i quoted you backing the supremacy of the Constitution made by the dude you called unintelligent.

hamilton62:

you now cry foul?
check your quote before mine...

i quoted you backing the supremacy of the Constitution made by the dude you called unintelligent.

Maybe i quoted the wrong guy... my bad

....That is clearly hitting the bottom of obscenity.
It is also rather reprehensible that this Government led by PMB has come to be known as a government that lacks respect for the Rule of Law as there are stockpile of Court Orders stacked against it which it has scandalously refused to obey, worse still the judgment of the ECOWAS Court sitting right here in Nigeria. Disobedience to Order of Court is a sign of clear and present danger. It is an invitation to anarchy and highway of perdition. It is only a dangerous and wicked leader that can opt to take his country on such a disastrous and most-dreaded path.
The colored is the summary.