₦airaland Forum

Foremost constitutional lawyer Prof Itse Sagay (SAN) yesterday said corrupt judges should suffer the fate of ordinary men.

He said the judiciary, which used to be revered in the past, had lost is dignity due to high level of corruption.

According to him, the Federal Government is left with the option of either “twiddling its fingers” and doing little or taking drastic steps.

According to Sagay, the National Judicial Council (NJC) has become “ineffective” in its ability to handle “monumental” graft in the judiciary.

The Presidential Advisory Committee against Corruption (PACAC) chairman, in a statement, said the good old days where the judiciary was held in the highest esteem were gone.

He said that “dreamlike era” had degenerated into “the world of mammon, where cash dictates justice”.

His words: “The searches of the premises of judges by the DSS is a sad development in our legal history brought about by inevitable circumstances.

“Although no judges had ever been subjected to search of premises and arrest, from the colonial period until recently, this was not because there was any law protecting Judges’ immunity against arrest and criminal prosecution. Rather, it was based on a convention arising from the need to respect the dignity and sanctity of the Judiciary.

“In other words, the practice of respect for members of the Judiciary was a convention, not a binding rule of law. Members of the judiciary do not enjoy immunity against searches, and arrests under any law. Therefore the sustenance of sanctity of the person, office and residence of a judge depended on the continued maintenance by the judge of decorum, dignity, honesty and integrity.

“The explosive and expanding epidemic of judicial corruption, which has taken an alarming character since the 2007 elections, has totally overturned the culture of respect for the judiciary and brought the revered institution into disrepute and ignominy.

“The epic and corrosive nature of the problem has made the system expressly laid down for dealing with judicial indiscipline, that is, the NJC system, totally ineffective. The level of moral depravity and the enormous number of culprits engaged in aggressive or rampaging corruption was just too much for the orthodox system of discipline to deal with.

“The amount of raw cash recovered in the process of the DSS searches is mind boggling. We, therefore, have a situation in which a deadly disease was threatening the very existence of democracy and the Rule of Law.”

Sagay said ultimately, the very foundation of Nigeria’s democracy was in danger of collapsing.

He referred to elections contested in the manner of “a bloody conflict” in which the victor was like a military conqueror and was then endorsed by the judiciary.

To him, in such a situation, democracy is abandoned in favour of a jungle culture where life would be nasty, brutish and short.

Sagay said the endorsement of electoral victories by violence, fraud and rigging was an abandonment of civilisation and a descent into anarchy and disorder, leading to a dysfunctional society.

He said: “The question must be: do we take drastic and unprecedented steps to sanitise the judiciary and save the institution from those who are prepared to drag it and our democracy down for filthy lucre? Or do we twiddle our fingers in despair and let the shameful erosion and retrogression of a once famous and revered institution to go on?

“This is a country that once had one of the greatest judiciaries in the world. It now seems unbelievable that our judicial benches were once graced by legendary figures, like J.I.C. Taylor, Louis Mbanefo, Joseph Adefarasin, Adetokunbo Ademola, Akinola Aguda, Anthony Aniagolu, Kayode Eso, Mohammed Bello, Chukwuweike Idigbe, Andrews Otutu Obaseki, Augustine Nnamani, Adolphos Karibi-Whyte and Chukwudifu Oputa. Between 1980 and 1990, we had an outstanding group of Jurists in the Supreme Court who created the golden age of the judiciary.

“What has happened between that dreamlike era and now is a rapid descent into the world of mammon, where cash dictates justice. With that degeneration of our judicial standards, our judicial ‘gods’ have descended from mount Olympus and joined the ranks of ordinary men and thus are suffering the fate of ordinary men.”

The eminent professor of law said “justices of the golden age” decided cases such as Governor of Lagos State vs Ojukwu, Bello vs Attorney-General of Oyo State., Garba vs Attorney-General of the Federation, Obeya Memorial Hospital vs Attorney-General of the Federation, Wilson vs Attorney General of Bendel State, all of which he said were decisions against military governments.

“Because of the superior moral authority of the Justices who presided over those cases, their fearsome reputation as men of steely integrity and honour, those judgments were obeyed without question. Even the military were afraid of these men of uncompromising integrity.

“It was unthinkable that the DSS or its equivalent in the days could invite them for questioning, not to talk of searching and arrest. Their strong moral armour protected them against executive adventures and gave them real power over the other arms of government.

“Surely, we could be like that again if we rebuild our judiciary and hold them up to the highest standards of morality, transparency and integrity,” Sagay added.

Justice Mary Odili Wept and Begged Supreme Court Judges To Accept N5Billion Bribe On Behalf Of Gov. Wike, Report Says

BY SAHARAREPORTERS, NEW YORK OCT 11, 2016
SaharaReporters has obtained a full list of all the Nigerian judges facing a nationwide clampdown by the Department of State Security (DSS).

The list, which includes two of the Supreme Court Justices who have already been arrested, includes three Justices of the Court of Appeal, seven Federal High Court justices and four state High Court judges in Kano, Gombe, and Kaduna states.

The document, which formed the basis for the clampdown on the judges, contains a brief explanation as to why the cleansing of the judiciary should commence with the listed judges. "Pursuant to the current administration's drive to fight corruption at all levels, and following public revulsion at some section of the judiciary on acts bordering on dishonesty, corruption, and abuse of judicial process, a profile of some senior judicial officers alleged to be involved in corrupt practices has been compiled", the reported prepared by the DSS stated.

The document explains in graphic detail how Supreme Court justices were compromised during the election petition ruling relating to Governor Nysom Wike of Rivers state.

Although only two judges of the Supreme Court have so far been arrested by the DSS, the documents named a full panel of Supreme Court justices that sat to decide the Rivers state election case.

The document stated that the Supreme Court judgement which gave Governor Wike victory against the Court of Appeal ruling which had reversed Governor Wike election was delivered on January 27th, 2016 and the full judgement further delivered on February 12th, 2016 by a panel that was led by the Chief Justice of Nigeria, Justice Muhammad Mahmud.

Other panel members named included Ibrahim Tanko Muhammad, Nwali Sylvester Ngwuta, Kumai Byang Akaahs, Kudirat Motonmori Olatokumbo kekere-kun, John Inyang Okoro and Amiru Sanusi. Justice Kekere-Ekun delivered a unanimous decision validating Wike's election.

The document reveals that the CJN constituted the panel on the very day of the judgement in an attempt to frustrate those waiting to induce members of the panel.

It also reveals that despite the strategy adopted by the Chief Justice, the panel received monetary inducement through Justice Mary Odili who, although a member of the Court, was not on the panel.

Justice Odili, according to the confidential report, became dramatic and reportedly wept before her colleagues on the panel, saying that if Wike were not returned as governor, she would prematurely become a widow as her husband, Peter Odili is a former governor of the state, and Wike’s godfather would have a heart attack.

Governor Wike has publicly acknowledged the role of the Odilis in restoring his mandate as governor. During a thanksgiving to mark his victory, he said that had the election been nullified, he would not have re-contested, claiming he was close having a heart attack as his blood pressure was rising.

The report obtained by SaharaReporters does not say how much each of the Supreme Court judges received. It does state that the same amount had been offered to the President of the Court of Appeal, Justice Zainab Bulkachuwa, who rejected it, saying she feared that all eyes would be on her.

Dr. Odili on Tuesday took out an N6billion lawsuit against APC candidate Dakuku for his statement concerning Wike’s praise of his role in getting him a favorable legal ruling.

https://thenationonlineng.net/wp-content/uploads/2015/08/dss-300x225.jpg
A JUDGE begged Department of State Service (DSS) boss Mr. Lawan Daura when confronted with evidence that he got more than N500million bribe, The Nation learnt yesterday.

The judge refused to unlock the safe in his house for DSS operatives to have access to its contents, a source said.

The DSS, which plans to take possession of the safe to uncover its contents, is said to have been questioning bank directors over links with some of the judges.

Another judge was said to have obtained a loan from a bank to execute a contract in Bauchi State and when he defaulted, the bank filed a suit against him at the Federal High Court in Bauchi.

Also, it was learnt that most of the judges against whom the DSS launched sting operations at the weekend had been under “painstaking investigation” in the last one year.

As at press time, the DSS had started questioning some bank chiefs and directors implicated in money laundering and huge bribery scandal.

But, amid more revelations on the corruption in the Judiciary, the DSS yesterday intensified the grilling of seven detained judges.

Those detained are two Supreme Court Justices ­– Sylvester Ngwuta and Inyang Okoro; – the suspended Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya, who was picked up in Sokoto; Justice Adeniyi Ademola (Federal High Court); the Chief Judge of Enugu State, Justice I. A. Umezulike; Justice Kabiru Auta of Kano State High Court; and Justice Muazu Pindiga (Gombe State High Court).

The source said: “Corruption in the Judiciary was based on our intelligence gathering and alerts from informants and petitions. It is not based on the perception of Nigerians. We have been on the trail of some of these judges in the last few months.

“For instance, we started probing one of the seven judges in detention since the Ramadan period of 2015. When we got sufficient intelligence on him, bordering on over N500million bribe, we invited him.

“The judge was given a copy of our report on him. By the time he read it halfway, he prostrated, held the legs of the security chief and begged for forgiveness. We captured the way he was reeling on the floor.

“We later sent a security brief on him to the National Judicial Council (NJC) with enough evidence. But he was cleared by the NJC as having committed no wrong. Since the NJC could not do the needful, we have decided to subject him to a judicial process.

“We also have a case of one of the judges who refused to unlock a safe in his house when our operatives went to his house. We may actually secure the leave of the court to relocate the safe to Abuja.

“Another detained judge got a contract from Bauchi State Government and obtained a loan from a bank. But when he defaulted in paying back the facility, the bank filed an action against him before the Federal High Court in Bauchi. What is the business of a judge with contract?”

Another source gave insights into the ongoing operation against 15 judges by the Service.

“We are digging more and getting fresh revelations from these judges. For instance, a Federal High Court judge in detention actually spread the N54million and $171,779 recovered from his residence in different rooms. He kept them in different parts of the rooms like a thief.”

Apparently referring to the criticisms against the sting operations, the source said:

“Some individuals have been bigger than Nigeria. If you are looking for one or two, go to the Judiciary.

The DSS mandate is to look into anything that is detrimental to Nigeria’s national security interest and to prevent it.

“There is no immunity conferred on judges, we are only duty bound to protect the court because it is a sacred place, a temple of justice. Once you have issues, you go to court but immediately a judge is outside the court, he or she is like you and me.

“There is nothing unusual about the arrest of judges other than it has not been the practice. But it is normal. Once a petition is lodged, it is normal that you just have to look into it as a security agency.”

There were indications yesterday that the DSS had started grilling some bank chiefs and directors on allegations of money laundering and involvement in huge bribery scandals.

The source said: “We have started looking into allegations against some banks; we have torn all banks apart. Some bank chiefs have been coming to the DSS office in Abuja for clarifications on some transactions we are investigating.

“Every week, not less than three bank officials come here. We will let you know the outcome soon.”

https://thenationonlineng.net/wp-content/uploads/2015/08/Gbagi-248x300.jpg
Warns PDP to steer clear case
Says criminal must not be allowed to take over Nigeria

Former Minister of State for Education, Olorungun Kenneth Gbagi, on Monday, said that the operation of Department of State Service (DSS) that led to the arrest of some judges was commendable.
Gbagi, a Peoples Democratic Party (PDP) chieftain who served under former President Goodluck Jonathan, labeled those criticizing the arrest of the judges as “the real enemies of the country.”
The former minister also told reporters in Abuja that he was particularly irked by the statement of the PDP condemning the action of the DSS.
He reminded the party that the issues which led to the arrest of the judges were not a party affair.
The DSS, he said, has made the country proud and should be commended by all lovers of the country.
He insisted that “with all respect, I do not believe that the DSS could have done anything better than they did.”
Criminal elements, he said, must not be allowed to take over the country under any guise.
He said, “Some judges have people whose job as lawyers is to get money to bribe judges. We must deal with the judiciary. Once we can deal with the judiciary 40 per cent of our problem is solved.
“I want to thank the Director General of the DSS. He has come to act in line with the responsibility the constitution bestowed on him. I congratulate him. The law gives him the power to break into any house for the purposes of effecting arrest. It does not matter whether it is Saturday or Sunday.
“Most Nigerians lack the courage and commitment to say how the nation should be run. Criminals have taken over the country and bought over everybody. Everything must be done to chase and pursue the criminals.
“A judge is the richest man in his village; his children are attending the best of schools outside the shores of this country; he has the biggest estate in town. Yet he does not sell nor do any business. What do you call that?”
Gbagi noted that some people were talking as if the arrest of alleged corrupt judges had not happened any where in the world.
He said that the Federal Bureau of Investigation (FBI) arrested nine judges in the United States of America in 2013 for miscarriage of justice.
He added that in India many judges were also arrested for the same offence while some other judges were arrested in Ghana for corruption charges.
He noted that it had been confirmed that the arrested judges were invited by the DSS before the operation “but the judges have lawyers who wanted to go to court to obtain obnoxious injunctions to stop the DSS from carrying out its constitutional obligation.”
He said” “We were told that the judges wanted to delay till Monday to go and get injunctions from the court but the DSS acted faster and swooped on them.”
The former minister insisted that the DSS acted in line with the laws of the land warning that “we must not use technicalities to delay the course of justice.”
Asked how he will feel if the same treatment was meted to him when he was minister, Gbagi said that “those who live in glass house do not throw stone.”
He said: “I have served this country to the best of my ability, a thief is a thief. Those who have skeleton are those who are afraid. We must enthrone probity and accountability in this country. The DSS DG should be encouraged to ensure that he pursued the arrests to the logical conclusion. The DSS should do more work, deploy more professionals to tidy up the system.”

ALL Progressives Congress (APC) National Vice Chairman (Southwest) Chief Pius Akinyelure has explained how the party’s governorship primary was manipulated, culminating in the submission of Chief Oluwarotimi Akeredolu’s name to the Independent National Electoral Commission (INEC) as the party’s candidate.

Akinyelure, in a statement, named the party’s National Chairman, Chief John Odigie-Oyegun, National Secretary Mai Mala Buni and the National Organising Secretary, Senator Osita Izunaso, as the persons behind the act.

The statement, which the APC National Vice Chairman said enjoys the support of six National Working Committee (NWC) members, accused the trio of using NWC meetings to usurp powers and unilaterally take decisions that their offices did not give them the power to take.

It emerged that as many as three delegates’ lists for the election were in circulation at some point after the first list was tampered with.

Izunaso, according to the statement, single-handedly removed, added or substituted names on the initial list circulated to the party’s 24 aspirants, leading to the emergence of a second list that was altered in favour of Akeredolu.

His action enjoyed the support of Oyegun and Buni, even when other members of the NWC opposed it because it conflicted with the party’s rules.

Akinyelure’s statement reads: “The National Organising Secretary confirmed to the NWC meeting of Monday September 19, 2016 that he actually received objections from some of the aspirants as to the delegates’ list. Then he unilaterally made the adjustments as he deemed fit.

“It is emphasised that the National Organising Secretary performed these adjustments without recourse or reference to the NWC. The NWC was not appraised of his actions before the primary. The National Organising Secretary then issued this altered list to the Primary Election Committee for use in the conduct of the election.

“This altered list became available to some of the aspirants in the early hours of the election day (September 3, 2016). When the election process was about to commence, Chief Oluwarotimi Akeredolu and three other aspirants protested and raised objections as to the delegates’ list to the election committee.

“However, the committee members could not address it as it was not within their competence to do so. They went ahead with the conduct of the election. After the declaration of the results of the election by the election committee, three aspirants petitioned the Election Appeal Committee, alleging discrepancies and the alteration of the delegates’ list provided to them by the election committee and other irregularities.

“Consequent on the above, the NWC of the party received both the Election Committee and the Election Appeal Committee’s reports, which were tabled at the NWC meeting of Monday, September 19, 2016.”

A decision by the NWC to submit the name of an interim substitute to INEC as place holder until a fresh primary was conducted suffered a setback after Oyegun, Buni and Izunaso “blindsided the other members to submit Akeredolu’s name in spite of a six to five votes in favour of presenting the substitute name”.

THE Governor of Rivers State, Nyesom Wike, has appointed Daye Graham-Douglas as his Special Assistant on Street/Traffic Lights.

The governor in an online statement by his Special Assistant on Electronic Media, Simeon Nwakaudu, yesterday stated that the appointment took immediate effect.