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DSS Cannot Arrest Judges: See The National Security Agencies Act - Politics (2) - Nairaland

Nairaland ForumNairaland GeneralPoliticsDSS Cannot Arrest Judges: See The National Security Agencies Act (5556 Views)

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Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Justcash(op): 5:56am On Oct 09, 2016
agabusta:
Receiving bribe to pervert course of justice can lead to those cheated to seek self-help. Which can cause national security problem.

How come you guys are not seeing the danger inherent in our judiciary from the high court all the way to the supreme court to become cash and carry.

If judgement was procured against you at the High court, and you proceeded to the Appeal court and you were still deprived of judgment just because of a cheap dirty judge. And you further went to the supreme court and judgement was still procured against you. How will you feel?

Do u know how much it cost to run a case from the lower courts all the way to the supreme court?? And then someone will now bribe the supreme court leading to your deprivation.

I can assure you, if you were cheated and was still unable to get favourable judgement at the supreme court, you'll consider causing some civil unrest.
You got it wrong. Nobody is against Buhari fighting corruption! I hope you get that in your head. However, he must do it through due process, and with respect to other arms of government. Why didn't Buhari send DSS to kidnap Saraki and Ekweremadu of the Legislative arm? Saraki was treated with respect during his corruption trial, is he more special than these judges? How come he adhered to the rule of law in that case and ignored same in the case of these judges? Why didn't he subject the process to the National Judicial Council? Why is he trying to intimidate the judges?

By the way, this is a case for EFCC and the Police, not DSS. Bribery does not lead to national threat except there is an element in the context to lead to such a conclusion. These judges are being accused of bribery, and it is in the context of political judgments delivered, how is that connected to national threat?
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by baby124: 6:03am On Oct 09, 2016
Allwility:
Permit me to mention you. You are a true knight and stand for justice. The impunity of the executive is getting out of hand and someone needs to remind the executive of something called judicial immunity. Now if a judge is corrupt, it's the NJC that handles his case and recommends him to the police for prosecution.
Go school dem no gree....and when you force them go, read book dat one na war.
Judges don't have immunity, they can be tried and sent to jail if found guilty. The 3 arms of government are only separate and serve as checks and balances. That does not equate immunity of any kind. An ex president can even be caught, tried and jailed.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by arresa: 6:22am On Oct 09, 2016
Justcash:
So, based what you've written up there, the Judges are terrorists and potential threats to national security. Do you really believe that? So, in this case, the DSS is the right agency to employ in investigating and arresting the Judicial chiefs for bribery?

What happened to liaising with the judicial regulatory body? What happened to EFCC doing their job? What happened to due process and rule of law?

Thank you for trying to explain, but do you really believe your explanation?

You guys are ignorantly entrenching despotism in Nigeria.
You don't have to be a terrorist to be a threat to national security.


The question was how corruption affects national security and I gave you many examples per how corrupt acts by public officials affects national security.



And I'm really not interested in the rest of your pointless and irrelevant essay.

Even the government of Kenya and many European countriesdeclared corruption as a national security threat.


I don't even know why people like you support and sympathize with corrupt people. They shared their loot with your?
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Allwility: 6:28am On Oct 09, 2016
baby124:
Judges don't have immunity, they can be tried and sent to jail if found guilty. The 3 arms of government are only separate and serve as checks and balances. That does not equate immunity of any kind. An ex president can even be caught, tried and jailed.
Please I'd like you to learn more from you on this. The immunity judges enjoy is special and doesn't mean they cannot be prosecuted but there's a process to follow. The statues setting up the courts made provision for it. I can argue further that the DSS raiding and kidnapping these judges stem from the fact they weren't happy with judgements made by these judges in recent times and has nothing to do with the huge amount of cash in their homes.
Please do read this especially the part on judicial immunity.
http://opinion.premiumtimesng.com/2016/07/07/official-corruption-and-immunity-in-nigeria-by-femi-falana/
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Asiwaju9ja(m): 6:32am On Oct 09, 2016
Justcash:
NATIONAL SECURITY AGENCIES ACT

1. Establishment of National Security Agencies
There shall, for the effective conduct of national security, be established
the following National Security Agencies, that is to say-
(a) the Defence Intelligence Agency;
(b) the National Intelligence Agency; and
(c) the State Security Service.

2. General duties of the National Security Agencies
(1) The Defence Intelligence Agency shall be charged with responsibility
for-
(a) the prevention and detection of crime of a military nature against
the security of Nigeria;
(b) the protection and preservation of all military classified matters
concerning the security of Nigeria, both within and outside Nigeria;
(c) such other responsibilities affecting defence intelligence of a
military nature, both within and outside Nigeria, as the President, or the
Chief of Defence Staff, as the case may be, may deem necessary.
(2) The National Intelligence Agency shall be charged with
responsibility for-
(a) the general maintenance of the security of Nigeria outside Nigeria,
concerning matters that are not related to military issues; and
(b) such other responsibilities affecting national intelligence outside
Nigeria as the National Defence Councilor the President, as the case may
be, may deem necessary.

(3) The State Security Service shall be charged with responsibility for-
(a) the prevention and detection within Nigeria of any crime against the
internal security of Nigeria;
(b) the protection and preservation of all non-military classified
matters concerning the internal security of Nigeria; and
(c) such other responsibilities affecting internal security within
Nigeria as the National Assembly or the President, as the case may be, may
deem necessary.

(4) The provisions of subsections (I), (2) and (3) of this section shall
have effect notwithstanding the provisions of any other law to the
contrary, or any matter therein mentioned.

(5) In this section, “classified matter” has the same meaning assigned
thereto in section 9 of the Official Secrets Act.

Source: http://lawsofnigeria.placng.org/print.php?sn=336
So Make dem leave them? These people have aided and abetted the stealing of you and your children's future. If to say them fit hang them right away without recourse to Trial, I for even like am. Shior the last hope of the common man indeed(Judiciary)

So even Justice is for sale to the highest bidder in Nigeria. Do you think that IBORI would have been convicted, if to say na naija the trial take place? God Punish any evil supporter in Naija.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by tafabaloo(m): 6:36am On Oct 09, 2016
c) such other responsibilities affecting internal security within
Nigeria as the National Assembly or the President, as the case may be, may
deem necessary."


Perhaps, this answer ur question.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by muri4mig(m): 6:38am On Oct 09, 2016
Justcash:
Interesting. How so? Please, explain.
For not knowing how corruption is a threat to national earned u spanking on buttocks.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by ificatchmodeh: 6:44am On Oct 09, 2016
knightsTempler:
1) Search Warrants are executed between 6:00 AM and 6:00 PM except on weekends.
2) Search Warrants are valid only if issued by a court of competent jurisdiction.
3) Search Warrants obtained in one State of Nigeria cannot be executed in another State excepted it is endorsed by a Magistrate or Judge equal in rank to the one that issued the Warrant.
4) Only two or three agencies in Nigeria are charged with the investigation of corruption cases namely the EFCC, the ICPC and the Nigeria Police.
5) Politically Exposed Persons (PEPs) and VIPs who do not constitute a flight risk are usually invited to appear before investigation Agencies.
6) The National Judicial Commission (NJC) is the only body empowered to sanction Judges and Justices found wanting in the discharge of their duties.
7) A current Governor is the Chief Security Officer of his State.
cool A current Governor enjoys immunity in terms of prosecution and the inviolability of his person.
9) The Judges in question have issued unfavourable judgements against the arresting Agency in the past, thus casting aspersions on the motive for their arrest.

ISSUES FOR DETERMINATION
1) Did the arresting Agency actually procure an Arrest Warrant from a Court of competent jurisdiction?
2) Did the arresting Agency adhere to the rules governing the procurement and execution of a Search Warrant?
3) Did the arresting Agency exhaust the option of extending an invitation to the suspects before procuring the Arrest Warrant?
4) Did the arrested suspects at any time pose the risk of taking to flight?
5) Does the arresting Agency not have people at all the land, sea and air borders to prevent an escape of the suspects?
6) Did the arresting Agency at any time write a letter to the National Judicial Commission (NJC) highlighting the offences committed by the suspects and demanding their release for an interview?
All correct council..
Just allow those men to dey fool themselves..
Ignorance is not an excuse in law..one day dem go enter..like bubu and dey go hear am, dance am
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by NafeesaAA(f): 6:55am On Oct 09, 2016
The DSS has other auxiliary duties apart from its main functions of national security. Enforcement of the criminal laws as stated in the screenshot is part of the duties of the DSS.

Corruption I guess is part of our criminal laws

Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by NafeesaAA(f): 6:57am On Oct 09, 2016
Power to arrest anytime of the day

Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by wirinet(m): 7:07am On Oct 09, 2016
The judiciary is the pillar on which any democracy (if not any society) rests. The Nigerian judiciary is highly implicated in the mess we found ourselves now. It was the judiciary that gave a midnight judgement that IBB used as an excuse for truncating the aborted third republic. It was the judicuary that gave inec passmark for conducting an election with ballot papers without serial numbers. It was the judiciary that gave Odili a perpetual injunction against investigation and prosecution of allegations of looting Rivers State dry. The judiciary has been the major clog in the wheel of Nigeria's social, Democratic and business development.

I can't say whether or not this current crackdown on judges is justified or not, but something drastic needs to be done to stem the rot in the judiciary. Jerry Rawlings had to take drastic measures to sanitize Ghana. We also need some sort of drastic measures ( but not violence) to sanitize Nigeria.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Nobody: 7:09am On Oct 09, 2016
with what's been revealed, i'm actually glad they did, Nigeria's constitution should be reviewed
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Pidggin(f): 7:13am On Oct 09, 2016
knightsTempler:
1) Search Warrants are executed between 6:00 AM and 6:00 PM except on weekends.
2) Search Warrants are valid only if issued by a court of competent jurisdiction.
3) Search Warrants obtained in one State of Nigeria cannot be executed in another State excepted it is endorsed by a Magistrate or Judge equal in rank to the one that issued the Warrant.
4) Only two or three agencies in Nigeria are charged with the investigation of corruption cases namely the EFCC, the ICPC and the Nigeria Police.
5) Politically Exposed Persons (PEPs) and VIPs who do not constitute a flight risk are usually invited to appear before investigation Agencies.
6) The National Judicial Commission (NJC) is the only body empowered to sanction Judges and Justices found wanting in the discharge of their duties.
7) A current Governor is the Chief Security Officer of his State.
cool A current Governor enjoys immunity in terms of prosecution and the inviolability of his person.
9) The Judges in question have issued unfavourable judgements against the arresting Agency in the past, thus casting aspersions on the motive for their arrest.

ISSUES FOR DETERMINATION
1) Did the arresting Agency actually procure an Arrest Warrant from a Court of competent jurisdiction?
2) Did the arresting Agency adhere to the rules governing the procurement and execution of a Search Warrant?
3) Did the arresting Agency exhaust the option of extending an invitation to the suspects before procuring the Arrest Warrant?
4) Did the arrested suspects at any time pose the risk of taking to flight?
5) Does the arresting Agency not have people at all the land, sea and air borders to prevent an escape of the suspects?
6) Did the arresting Agency at any time write a letter to the National Judicial Commission (NJC) highlighting the offences committed by the suspects and demanding their release for an interview?

This Court reserves judgement in this matter. I will rise.

- Nonny Kelly
Thanks, certain victory for the judges and more fine for FG to pay
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by rusher14: 7:20am On Oct 09, 2016
Justcash:
You are making flagrant accusations that has got no basis. Those cases are dead on arrival, except Buhari himself induces or influences the judges to his favor.
But judges cannot be bought. Isn't that what this whole defence is about?
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by wirinet(m): 7:20am On Oct 09, 2016
I am sure the government decided to use DSS to investigate and arrest the suspected judges because of trust issues. The EFCC has been enmessed in corruption allegations, in fact the former EFCC chairman is on the run for corruption. EFCC officials are accused of colluding with corrupt politicians and judges to frustrate corruption cases. Corruption in the police is a way of life, that was why EFCC was formed in the first place.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Izonpikin: 7:25am On Oct 09, 2016
Justcash:
So, based what you've written up there, the Judges are terrorists and potential threats to national security. Do you really believe that? So, in this case, the DSS is the right agency to employ in investigating and arresting the Judicial chiefs for bribery?

What happened to liaising with the judicial regulatory body? What happened to EFCC doing their job? What happened to due process and rule of law?

Thank you for trying to explain, but do you really believe your explanation?

You guys are ignorantly entrenching despotism in Nigeria.
leave that educated olodo alone..
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Izonpikin: 7:27am On Oct 09, 2016
Pidggin:
Thanks, certain victory for the judges and more fine for FG to pay
I don talk am say if these judges and the NBA unanimously come for pmb he won't know what hit him..

I dey relax dey watch..
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Pidggin(f): 7:35am On Oct 09, 2016
Izonpikin:
I don talk am say if these judges and the NBA unanimously come for pmb he won't know what hit him..

I dey relax dey watch..
Me sef just dey watch, Buhari don enter am
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by SuperS1Panther: 7:38am On Oct 09, 2016
Your constitution says a Police Officer or any Officer of other security agencies can arrest.

Even citizens can arrest. That is why people arrest thieves and kidnappers before handing them over to the police. Simple law school criminology 101.

Arrest can be carried out at anytime and day of the week, plus weekends and public holidays.

DSS is saddled with investigating criminal crimes. What can be more criminal than stealing our commonwealth. That is rap.e murder and brigandry - a 3 in one crime.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by RZArecta(m): 7:42am On Oct 09, 2016
PaulIdu:
[s]Any reasonable Nigerian will endorse the arrest of those conmen masking as Judges ..Nice one Buhari[/s]
of what use is your brain ?
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Izonpikin: 7:44am On Oct 09, 2016
wirinet:
I am sure the government decided to use DSS to investigate and arrest the suspected judges because of trust issues. The EFCC has been enmessed in corruption allegations, in fact the former EFCC chairman is on the run for corruption. EFCC officials are accused of colluding with corrupt politicians and judges to frustrate corruption cases. Corruption in the police is a way of life, that was why EFCC was formed in the first place.
so it is the DSS that isn't corrupt by the presidency??..

We should stop all this madness.. angry
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by idensko(m): 7:48am On Oct 09, 2016
PaulIdu:
Any reasonable Nigerian will endorse the arrest of those conmen masking as Judges ..Nice one Buhari
So you actually believed dis crap
That dey saw stashed cash in these judges residents?

Somebody was given bribe in Dubai

And he decide to ferry it back to Nigeria to stash it in his house.

What happened to offshore accounts?

AKWAIBOM state house comes to Mind.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by redsceptic: 7:55am On Oct 09, 2016
PaulIdu:
They will be charged to court on Monday and disgraced ..where was the rule of law when they were selling Judgements for billions of naira even though they were being paid by taxpayers ..Nigerians judges have been the greatest threat to free and fair elections so far
You fail to see the larger picture sir. Buhari has shot himself in the foot. At this stage, it is irrelevant whether they are guilty or not. What will be contested is the circumstances, legality and motivation for their arrest. The legal profession will rally around its own; the FG's case is already lost.

Bubu the dullard cannot turn Nigeria into Turkey.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by wirinet(m): 8:18am On Oct 09, 2016
Izonpikin:
so it is the DSS that isn't corrupt by the presidency??..

We should stop all this madness.. angry
Not corrupt by the presidency, influenced by the presidency. I do not think i have heard any bribery or corruption allegation against DSS.

Which madness? Maybe we should divide this country along corruption lines. Those that celebrate and see corruption as a state policy and are ready to defend corruption with their lives should get their country and those that hate corruption with all their soul should get another country. There is growing hatred and animosity between these two groups. The hatred transcends tribal, religious and political divides.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by NafeesaAA(f): 8:43am On Oct 09, 2016
THE NBA IS JUST AN ASSOCIATION

Rice sellers, vulcanizers, tailors, architects, etc, all have associations like the NBA? All associations MUST respect the laws of the land to continue to enjoy its existence.

Therefore, the NBA leadership should not think themselves exceptional or above the law to intervene in the legal functions of our law enforcement agencies, irrespective of who is involved.

Judges are versed in legal matters and rules. If the privacy of anyone, particularly a judge, was illegally infringed upon, they know how to sue!

PLEASE LET ALL WAILERS PROCEED TO THE COURT.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by SalomonKane: 8:48am On Oct 09, 2016
omonnakoda:
Can DSS arrest any person?
Yet they arrest people.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by bayelsaowei(m): 9:06am On Oct 09, 2016
wirinet:
Not corrupt by the presidency, influenced by the presidency. I do not think i have heard any bribery or corruption allegation against DSS.

Which madness? Maybe we should divide this country along corruption lines. Those that celebrate and see corruption as a state policy and are ready to defend corruption with their lives should get their country and those that hate corruption with all their soul should get another country. There is growing hatred and animosity between these two groups. The hatred transcends tribal, religious and political divides.
I am defending democracy and not corruption..besides isn't the DSS corrupt??..answer me..or have you chosen to be used by this administration..

Just close to buhari his friend received a huge bribe from mtn..the baba closed his mouth..

Give me a break my guy...
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by wirinet(m): 9:34am On Oct 09, 2016
bayelsaowei:
I am defending democracy and not corruption..besides isn't the DSS corrupt??..answer me..or have you chosen to be used by this administration..

Just close to buhari his friend received a huge bribe from mtn..the baba closed his mouth..

Give me a break my guy...
Which democracy are you defending? Your idea of democracy is strictly restricted to defending anyone this government accuses of corruption.
Please show me evidence or even allegation of corruption by the DSS (even under Jonathan). We knew Meryln Ogar was highy unethical, but nobody accused her of bribery and corruption.

So Buhari is now responsible for what anybody close to him is accused of? If someone commits a crime, the most sensible thing to do is gather your evidence and send a petition to relevant authorities. Even if the authorities fail to act, you can make your petition with evidences public and send the petition to higher authorities like the national assembly or presidency. If all fails wait until a new government comes into power and re-present your petition. a crime does not have status of limitation. That is why the Halliburton scandal has troubled every government since Obasanjo and one day, those affected will have to answer in a court. What i hate is the argument by corruption defenders that any corrupt person should not be prosecuted because you suspect another person (maybe close to the president) is suspected of corruption.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by Babanews(m): 1:18pm On Oct 12, 2016
Justcash:
They are to tackle issues of national security, not embark on acts of impunity against constituted civil authority, like arresting Judges on suspicion of bribery. They should be busy with Boko Haram, Niger Delta Avengers and other internal threats to national security.
Judges Recklessness is huge threat to internal security.
Re: DSS Cannot Arrest Judges: See The National Security Agencies Act by citizenY(m): 2:55pm On Oct 12, 2016
Justcash:
NATIONAL SECURITY AGENCIES ACT

1. Establishment of National Security Agencies
There shall, for the effective conduct of national security, be established
the following National Security Agencies, that is to say-
(a) the Defence Intelligence Agency;
(b) the National Intelligence Agency; and
(c) the State Security Service.

2. General duties of the National Security Agencies
(1) The Defence Intelligence Agency shall be charged with responsibility
for-
(a) the prevention and detection of crime of a military nature against
the security of Nigeria;
(b) the protection and preservation of all military classified matters
concerning the security of Nigeria, both within and outside Nigeria;
(c) such other responsibilities affecting defence intelligence of a
military nature, both within and outside Nigeria, as the President, or the
Chief of Defence Staff, as the case may be, may deem necessary.
(2) The National Intelligence Agency shall be charged with
responsibility for-
(a) the general maintenance of the security of Nigeria outside Nigeria,
concerning matters that are not related to military issues; and
(b) such other responsibilities affecting national intelligence outside
Nigeria as the National Defence Councilor the President, as the case may
be, may deem necessary.

(3) The State Security Service shall be charged with responsibility for-
(a) the prevention and detection within Nigeria of any crime against the
internal security of Nigeria;
(b) the protection and preservation of all non-military classified
matters concerning the internal security of Nigeria; and
(c) such other responsibilities affecting internal security within
Nigeria as the National Assembly or the President, as the case may be, may
deem necessary.

(4) The provisions of subsections (I), (2) and (3) of this section shall
have effect notwithstanding the provisions of any other law to the
contrary, or any matter therein mentioned.

(5) In this section, “classified matter” has the same meaning assigned
thereto in section 9 of the Official Secrets Act.

Source: http://lawsofnigeria.placng.org/print.php?sn=336
So purchasing /selling judgment is not a jeopardy to the polity, abi?

With this your moniker, you must be one of those "lawyers".
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