And for those with a taste for delving into the legal side of matters:
"Crackdown" On Judicial Officers - Separating The Law From Sentiments
By Inibehe Effiong
The State Security Service (SSS) embarked on an unprecedented "crackdown" on allegedly corrupt judicial officers across the country over the weekend. Among the judicial officers whose houses were searched and thereafter arrested and detained are two Justices of the Supreme Court of Nigeria; Justices Sylvester Ngwuta and Inyang Okoro.
As expected, the action has polarised lawyers, commentators, the media, civil society and the public. Differing views have been expressed on the constitutionality or otherwise of the steps and procedures adopted by the SSS. Sadly, the public has been deprived of opinions that are rooted in law owing largely to the belligerent and sentimental posturing and aggressive grandstanding that has impaired commentaries on the issues in controversy.
My task in this essay is simply to offer a legal opinion on the following four issues: First, are judicial officers in Nigeria immune from the criminal justice system?; Second, is it mandatory for security agencies to seek the consent/intervention of the National Judicial Council (NJC) before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?; Three, did the SSS act within its statutory powers and acceptable legal procedures? Four, is evidence that is obtained illegally admissible in law?
The above questions or issues are in my considered view the crux-es of the matter.
Before I proceed further, may I respectfully issue a caution: This op-ed is one of the longest that I have written in recent times. It is not for the lazy mind or for those who are easily irriated by long essays and exposition. The nature of the issues under consideration necessarily made it a detailed essay. I solicit the indulgence of readers.
Resolution of the issues:
First, are judicial officers in Nigeria immune from the criminal justice system?
The only constitutional provision relating to immunity from civil and criminal proceedings and prosseses for certain public office holders in Nigeria is Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as the Constitution). Based on that provision, only the President, the Vice President, Governors and Deputy Governors are shielded from civil and criminal proceedings and prosseses in limited circumstances.
It is an elementary rule of interpretation that the express mention of one person or thing is the exclusion of another. The maxim is expressio unius personae vel, est exclusio alterius. In the case of Ehuwa v. O.S.I.E.C. (2006) 10 NWLR (Pt.1012) 544, the Supreme Court stated the position thus:
"It is now firmly established that in the construction of a Statutory provision, where a statute mentions specific things or persons, the intention is that those not mentioned are not intended to be included..." Per OGBUAGU, JSC.
The implication is that every person apart from the four public officers expressly mentioned in Section 308 of the Constitution are subject to investigation, arrest, detention and prosecution. Judicial Officers from the Chief Justice of Nigeria (CJN) to High Court Judges do not enjoy any special protection from criminal proceedings and prosseses. Immunity cannot be inferred, it must be specifically granted.
Those suggesting that judicial officers in Nigeria are entitled to special protection or immunity should be kind enough to cite the enabling constitutional or statutory provision that supports their position. The truth is that there is none.
Second, is it mandatory for security agencies to seek the consent/intervention of the NJC before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?
The NJC is one of the institutions established by Section 153 of the Constitution. The power of the Council is provided for in Paragraph 21 of the Third Schedule to the Constitution. The NJC is empowered inter alia, to recommend the removal from office of judicial officers and exercise disciplinary control over them. By virtue of Section 158 (1) of the Constitution, the NJC is guaranteed constitutional independence and is not subject to the control of any other authority or person when exercising its disciplinary control.
There is no dispute on the disciplinary control of the NJC over judicial officers. What is disputed by some legal commentators is the extent of the disciplinary control. Is it correct to aver that no criminal proceedings or action can be initiated or taken against a judicial officer except on the invitation/directive of the NJC?
At the risk of repetition, where a judicial officer is alleged to have committed a crime, is it mandatory for law enforcement agencies to go through the disciplinary instrumentality of the NJC before taking actions against the erring judicial officer?
There is nothing in the provisions of Paragraph 21 of the Third Schedule to the Constitution that precludes law enforcement agencies from investigating, arresting, detaining or prosecuting a judicial officer in Nigeria for alleged corrupt practices or for other sundry offences. It is my view that a contrary interpretation will have the inescapable effect of conferring an extra-constitutional immunity on judicial officers.
In rule seven (7) of the famous twelve (12) point rule of constitutional interpretation propounded by OBASEKI, JSC in the celebrated case of Attorney-General of Bendel State vs Attorney-General of the Federation (1981) 10 SC. 1; (1981) 1 FNLR 179, the Supreme Court declared thus:
"A constitutional provision should not be construed in such a way as to defeat its evident purpose."
The purpose of Section 308 of the Constitution as evidently enshrined therein is to protect ONLY the President, Vice President, Governors and Deputy Governors from arrest, detention and prosecution. I submit that any construction on the disciplinary power of the NJC that tends to shield judicial officers from arrest, detention and prosecution will automatically defeat the purpose of Section 308 of the Constitution.
It is my humble view that where the wrongful act of a judicial officer is merely a misconduct and nothing more, the NJC is vested with the power to recommend such offending judicial officer for removal from office and exercise disciplinary control over him. The NJC's independence from control guaranteed and envisaged by Section 158 of the Constitution does not, and cannot be construed to mean totality or absoluteness of control over judicial officers where the misconduct complained of also constitute a crime.
Before concluding on this point, there is a widely propagated misconception that needs to be corrected.
It has been argued by some persons that the procedure on how erring judges should be dealt with requires that even when a judge is found or alleged to have committed a crime, a petition must first be written to the NJC and that the petitioner and the law enforcement agencies like the police, the EFCC, the SSS and others must patiently wait for the determination of the petition by the NJC before activating the criminal process. With respect, that cannot be the correct position.
Ostensibly, this misconception stems from a misunderstanding of the relationship between the constitutional procedure for removal of judicial officers and the liability of judges for criminal offences committed by them.
The procedure for removal of judicial officers in Nigeria is as contained in Section 292 of the Constitution. In brevity, the provision is to the effect that the NJC may recommend to the President or Governor, as the case may be, the removal from office of erring judicial officers for inability to perform the functions of their office due to infirmity (whether of the body or mind) or misconduct or contravention of the Code of Conduct. Note that the NJC only recommends, it does not and cannot remove any judicial officer solely on its own.
There is nothing in Section 292 of the Constitution that makes the removal of an erring judicial officer a condition precedent to his investigation, arrest, detention and prosecution by law enforcement agencies.
No law enforcement agency can usurp the disciplinary powers of the NJC by recommending a judge for removal or suspending a judge or exercising other form of disciplinary control over a judicial officer. Likewise the NJC cannot and should not usurp the constitutional cum statutory functions of the law enforcement agencies to investigate crimes, arrest, detain or prosecute any person, including judicial officers, for alleged crimes. Both causes of action can either run concurrently or separately depending on the circumstances of each case. Where for example a judicial officer is accused of corruption which is both an act of professional misconduct and a crime, the aggrieved party and or law enforcement agency may elect to petition the NJC for the removal of the judicial officer from office or proceed directly to subject the erring judicial officer to the criminal justice system or pursue both causes of action at the same time.
The NJC is not a court of law under Section 6 of the Constitution and has no supervisory jurisdiction over law enforcement agencies.
Third, did the SSS act within its statutory power and acceptable procedure?
The SSS is a creation of the National Security Agencies Act of 1986. The power of the SSS as stipulated in Section 3 of the Act is as follows:
(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.
Going by the provisions of paragraphs (a) and (b) supra, it is apparent that the SSS stricto sensu ( in the strict sense) has no power to arrest judicial officers for alleged economic and financial crimes. However, a dispassionate attention should be paid to the wordings and purport of paragraph (c) above. Clearly, that provision (paragraph C) gives the President the power to enlarge the scope of responsibilities of the SSS relating to the internal security within Nigeria. Section 6 of the Act goes further to empower the President to issue an Instrument, a subsidiary legislation, on the manner the SSS should exercise its powers, etc.
In exercise of the power in Sections 3 and 6 of the National Security Agencies Act 1986, former Head of State, General Abdusalam Abubakar in 1999 promulgated the State Security Service Instrument One of 1999. By virtue of that Instrument, the responsibilities of the SSS was extended to include the prevention, detection and investigation of economic crimes of national security dimension, among other things. It is important to emphasize that the National Security Agencies Act has a special constitutional flavour being one of the four federal enactments listed in Section 315 (5) of the Constitution. The consequence is that it cannot be altered like ordinary Acts of the National Assembly. It has the same alteration procedure like the Constitution as laid down in Section 9 (2) of the Constitution.
According to the SSS, the affected judicial officers were arrested based on allegations of corrupt practices and professional misconduct. The SSS in a statement said that raw cash of different denominations, in both local and foreign currencies, assets worth millions of Naira and documents affirming "unholy acts of these Judges" have been uncovered through a sting operation. The summary of cash allegedly recovered during the "raids" conducted in the homes of the Judges was given as follows: Naira - N93,558,000.00; Dollars - $530,087; Pounds - £25,970 and Euro - €5,680.
The question is, does the grave allegations levelled against the Judges and the alleged offences committed by them constitute "economic crimes of national security dimension" to bring same within the purview of the additional powers of the SSS pursuant to Instrument One of 1999?
It is advisable for us to examine the role of judicial officers in nation building. A corrupt judge is not only a threat to justice and the rule of law but to the society and the nation. Judges are by their calling empowered to make binding decisions on behalf of the rest of the society. When judgments are obtained fraudulently, the society and the nation are endangered. A corrupt judge is more dangerous than a kidnapper or an armed robber. The worst form of corruption is judicial corruption.
Though the Economic and Financial Crimes Commission (EFCC) is the specialised and coordinating agency for the detection, prevention and prosecution of economic and financial crimes, economic crimes committed by a judicial officer is far more serious and damaging than those of other categories of persons and there is some wisdom is categorizing same as "economic crimes of national security dimension" for which the SSS can act upon.
On the manner the searches and arrests were conducted, I concede that the SSS acted in a rather brash and indecorous manner. However, facts are sacred and the law should be separated from sentiments. It is reported that the SSS obtained both search and arrest warrants. What is in dispute is whether the warrants covered all the affected judicial officers and the somewhat "undemocratic" manner they were executed, particularly the time.
The relevant principal law on the issuance of a search/arrest warrant is the Administration of Criminal Justice Act 2015 (ACJA). Part 18 of the ACJA is devoted to search warrants, Section 144 thereof allows for the issuance of a search warrant on any house. The warrant may also authorize the officer or other person to arrest the occupier of the house or place where any incriminating item or thing is found during the search. Where this is specified in the search warrant, there would be no need to obtain an arrest warrant separately. By Section 146 of the ACJA, a search warrant shall be under the hand of a Judge, Magistrate or Justice of the Peace issuing it and shall remain in force until it is executed or cancelled by the court which issued it.
One important provision under Part 18 of the ACJA that those criticizing the SSS should note is Section 148. It states unequivocally thus:
"A search warrant may be issued and executed at any time on any day, including a Sunday or Public Holiday."
However, under Section 151 of the ACJA, a search warrant cannot be executed outside jurisdiction of the court or Justice of the Peace issuing it except with the consent of the court within whose jurisdiction the search is to be made. It is doubtful whether the SSS complied with this requirement before embarking on the search at the houses of some of the judges located outside the Federal Capital Territory, Abuja where the search warrant must have been issued.
It has been argued by some lawyers, including some Senior Advocates of Nigeria (SANs) that the ACJA does not apply throughout the federation and that the SSS was bound to follow the provisions of the enabling procedural laws in the States where they executed the search, especially as it pertains to the time of execution of the search warrants. This argument with respect is misleading.
Under Section 111 of the repealed Criminal Procedure Act Cap. C41 LFN 2004, the time for executing a search warrant in the South was between the hours of five o'clock in the forenoon and eight o'clock at night of any day of the week, including Sundays but the Magistrate had the power to direct otherwise. The repealed Criminal Procedure (Northern States) Act Cap. C42 LFN 2004, was however silent on the time. Both Acts have now been repealed by Section 493 of the ACJA 2015 and are no longer laws in Nigeria. Section 2 of the ACJA makes the ACJA applicable to criminal trials for offences created by an Act of the National Assembly, like economic and financial crimes, and to other offences punishable in the FCT, it is the ACJA and not the various laws of the States where the "raids" were conducted that governs the procedure adopted by the SSS. Accordingly, it is misleading for anyone to suggest that the SSS was wrong to have executed the search warrant(s) at night.
It is reported that the SSS forcibly broke into the house of one of the judges. Section 149 (1) of the ACJA states thus:
"Where any building liable to be 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 acess to it and afford all reasonable facilities for its search."
By the combined effect of Sections 9, 10, 12, 13 and 149 (2) of the ACJA the person executing a search warrant and or arrest warrant is empowered to "break open any outer or inner door or window of any house or place" where unhindered acess is denied upon demand. If the SSS had requested for unhindered access into the house of the affected judge and they were denied, the breaking of the door of the judge's house was lawful as expressly stated in the ACJA.
Four, is illegally obtained evidence admissible in law? In other words, where evidence is recovered in contravention of the procedure for search of houses and places, will the court admit same?
Every lawyer in this country that is worth his salt knows the answer to this question. The answer is YES - illegally obtained evidence is admissible. The Supreme Court held so in unmistakable terms right from 1968 in the case of Musa Sadau & Anor v. The State (1968) NMLR 208. Also in Kuruma V. R. (1955)1 All ER 236 at 239-240, the Privy Council stated, inter alia, thus:
"The test to be applied in considering whether evidence is admissible is whether it is relevant to the matters in issue. If it is admissible.....the court is not concerned with how the evidence was obtained".
It is an elementary rule of evidence that what determines admissibility is relevance and not how the evidence was procured. See Section 1 of the Evidence Act 2011 and the cases of Torti v. Ukpabi (1984) 1 SCNLR 214 AT 236 - 237 and 239 24O and Lasun v. Awoyemi (2009) 16 NWLR (Pt.1168) 513 at 553.
Accordingly the evidence allegedly recovered from the houses of the judges are admissible in law whether search warrants were obtained or not or properly executed or not. The court will still go ahead to admit the evidence irrespective of protestations against its illegality. This may not sound comforting, but that is the law.
By way of concluding remarks, I will like to make some points clear. The Judiciary is a sacred institution that should not be desecrated by any person. However, there is no sacredness in corruption. Judges must at all times be treated with decency and respect befitting of their office but corrupt judges should be identified and treated like other criminals in the society. Nigeria is blessed with some of the best judicial brains that can be found anywhere in the world, but the nefarious activities of the bad eggs on the Bench should never be tolerated under any guise.
Judges are not above the law.
Like other public servants, judges in Nigeria are paid in Naira, not in Dollars, Pounds, Euro or Cedis. Judges are not Bureau De Change operators and are not permitted to engage in business adventures. Therefore, the Nigerain people with whose taxes and resources the Judiciary is funded deserves to know how their Lordships came about the mind-blowing hard currencies found in their homes? The public deserves to know how their Lordships came about the assets allegedly traced to them. Judges who are living above their means should be able to answer some questions from the law enforcement agencies.
Their Lordships are presumed innocent until proved guilty and they should be given fair trial and fair hearing.
Instead of threatening the President, the Nigerian Bar Association (NBA) should tell us what they have done about the recent brutal murder of their member in Rivers State, Mr. Ken Atsuwete? Where was the NBA when a High Court Judge was assaulted in open court in Ekiti State by political thugs led by a governor? Why did the NBA not declare a state of emergency on the judiciary when Justice Ayo Isa Salami was humiliated and disgraced out of the Bench by the administration of Goodluck Jonathan despite the NJC's recommendation that he should be reinstated? What has the NBA done to Mr. Ricky Tarfa, SAN for allegedly bribing judges? Whose interest is the NBA fighting for?
Records have shown that judges in other jurisdictions, including the United States have been arrested, prosecuted and jailed for corruption and other criminal conducts. Ghana recently purged its judiciary. If this is the time to uproot the pervasive cancer of corruption in the Nigerian Judiciary it is a welcome development and should be supported. Without checks and balances, the doctrine of separation of powers is useless and unworkable.
We cannot have different standards for the rule of law; one for the influential and another for the poor or one for the judges and another for the rest rest us.
Thank you.
Inibehe Effiong is a Legal Practitioner and Convener of the Coalition of Human Rights Defenders (COHRD) and can be reached at: inibehe.effiong@gmail.com
On Mon, Oct 10, 2016 at 4:14 AM, Mobolaji Aluko <alukome@gmail.com> wrote:
--My People:This broom sweep of Judges in Nigeria is long overdue....I support this sting, support Falana's statement that they should be charged QUICKLY, and deplore NBA's position on it in agreement with Paul Adujie.Bolaji AlukoOPERATION BROOM Against Five Current and Former Judges of Dade County in Miami, Florida of June 1991QUOTE"An uneasy calm followed the initial shock in Miami's legal community in the wake of the June 8 raids on the homes and offices of five present and former Dade County, Fla. judges. The raids, which came as "a complete surprise" netted thousands of dollars in marked $100 dollar bills allegedly paid in bribes, according to authorities......In an odd twist, documents disclosed in connection with the Miami investigation identified Raymond J. Takiff .....as a key figure.in the undercover operation. Takiff...began cooperating with prosecutors after signing a plea agreement for unspecified crimes in November 1989, the document revealed..."UNQUOTEI
Falana Asks Attorney-General To Immediately Charge Arrested Judges To CourtPublished Oct 09, 2016 Greenbarge ReportersHuman rights lawyer, Mr. Femi Falana, Senior Advocate of Nigeria (SAN), has advised the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to ensure that the judges who have been arrested by the security agents for alleged corruption are immediately arraigned in court without delay. He added that because the detained judges "are presumed innocent until the contrary is proved by the State, they should be admitted to bail in self recognizance."The Senior Advocate, who reacted to the furor over the arrest of the judges by the Department of State Security (DSS) both in Abuja and Port Harcourt, the Rivers State Capital, accused the Nigerian Bar Association (NBA) of shielding corrupt judges despite having information about their activities.He described the failure of NBA to deal with corrupt officials in the judiciary as an embarrassment to the "incorruptible members of the bar," adding that it is responsible for the current state of the country's judiciary."In particular, the Nigerian Bar Association which has information on all corrupt judges and lawyers in the country has continued to shield them to the embarrassment of incorruptible members of the bar and the bench."The few lawyers who have plucked up the courage to expose corrupt judges and lawyers have been stigmatised and treated like lepers by their colleagues."It is on record that when both the Independent Corrupt Practices and other Offences Commission and the Economic and Financial Crimes Commission sent invitation letters to judges suspected of corruption they had rushed to the Federal High Court to obtain interlocutory injunctions to prevent their arrest, investigation and prosecution."He said that members of the legal profession should have themselves to blame for the harassment of judges by security forces as they had failed to take advantage of the relevant statutory disciplinary bodies to purge the bar and the bench of corrupt elements."It is on account of negligence on the part of the legal profession that the SSS which screens candidates before they are recommended by the National Judicial Council for appointment as judges has now engaged in the arrest of judges for alleged corruption and abuse of office."It is a matter of grave concern that the legal profession has allowed the denigration of the hallowed temple of justice because of the misconduct of a few corrupt judges."For several years, judges who committed grave criminal offences were not prosecuted but merely retired by the authorities on the recommendation of the National Judicial Council."Although the National Judicial Council recently recommended the dismissal and prosecution of a judge for extorting the sum of N197m from a litigant the authorities had paid lip service to the menace of judicial corruption in the country."It would be recalled that the operatives of the DSS had raided the official quarters of judges at Abuja, Gombe, Kano and Port Harcourt and ended up arresting at least four judicial officers. The arrested judicial officers comprised two Justices of the Supreme Court – Justices Sylvester Ngwuta and John Okoro – as well as Justice Adeniyi Ademola of the Federal High Court and another judge of the Gombe State High Court, Justice Mu'azu Pindiga.In a statement issued at the end of the raid, the DSS alleged that the suspects had engaged in judicial misconduct and corrupt practices, adding that a huge amount of money was recovered from three of the judges.In response to the raid, the NBA had declared a state of emergency and demanded the immediate and unconditional release of the judges.Source: PUNCH.-------NBA Goofed On Arrest of Judges
Written by Paul I. Adujie Esq.
I watched with utter dismay, as the President of the Nigerian Bar Association (NBA) surrounded by other prominent lawyers badmouthed the actions of the DSS which culminated in the arrest of some judges on Saturday, October 8, 2016
As the world has become aware, some judges in Nigeria were arrested on the allegation of fraud, and the arrests were conducted in a nationwide raid or sting, orchestrated by the DSS, armed with adequate prosecutable information with equally adequate and sufficient Probable Cause!
A majority of Nigerians are elated and ecstatic to learn of these arrests, particularly so, given the sacred position, the exalted and hallowed position judges hold in upholding Justice, Due Process and The Rule of Law
Nigeria has for far too long witnessed the profound absence of justice, and the equally profound absence of the Due Process and the Rule of Law, which has led to impunity and lawlessness at all levels
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Nigeria has witnessed and continues to witness regression in all facets of life, as no one plays by the rules or follows laid down processes and pay complete obeisance to the rule of law.
I have often said privately and publicly, that efforts to fight corruption by current federal government or any future government must begin with the judiciary and the police and or other law enforcement agencies.
When judges and policing agencies cannot be bribed, a majority of those Nigerians who have made impunity and lawlessness their vocation and profession; would soon fall in line.
It is the case that in Nigeria, there are great and good laws and rules regarding human conditions. However, most laws are not enforced, implemented or obeyed. Laws and rules in Nigeria are observed in their breaches!
The simplest of processes in Nigeria have become warped, twisted and perverted, and as a consequence, simple processes are made to become unnecessarily complex and complicated. Simple actions are made to take too long and extremely expensive, stressful and or frustratingly cumbersome!
The judges arrested on Saturday October 8, 2016 are said to have made useful statements to law enforcement agencies and the policing authorities. Documents were said to have been recovered from the allegedly erring judges who were arrested.
It is the case that large sums of monies were said to have been recovered from each of the arrested judges - hundreds of millions of Naira, US Dollars, British pounds and Euros were recovered from the arrested judges. Let the arrested judges defend themselves. Let them reconcile their salaries with their sudden wealth or stash of cash or loads of loots and avarice! And yes, I do believe in and subscribe the Presumption of Innocence!
Law enforcement agencies will soon reveal the contents of statements made by these culprit judges. Most probably, these said judges have filed statements of their assets prior to their arrest, and secondly, the said judges would explain why they have these extraordinarily large amounts in their homes as opposed to lodgements with their various banks.
It does appear that these arrested judges, were scared to deposit the monies which they received from their sale of matches, toothpicks and sachets of water, as the Bank Verification Number rule or regime, has made it a little more difficult to bank almost anonymously and through proxies as a certain lady was recently accused of banking by proxies, while retaining all the benefits and ATM cards, even though the accounts in question bore the names and images of other persons!
It is quite astonishing, astounding and even outlandish, that the NBA executive would defend the obviously indefensible judges! The NBA President was heard and seen condemning the arrests of these judges, and referring to the process as Gestapo style, despite the fact that the DSS operations was preceded by petitions of allegations of these judges accepting bribes and perverting justice!
The DSS have Probable Cause(s) to conduct the arrests, and the DSS may have reasons to believe that the targeted judges would flee or hide or destroy the evidences of their alleged crimes.
The NBA President seems to misunderstand or he has wilfully misinterpreted Due Process and Rule of Law with his suggestion that the arrest of the judges should not have taken place because (a) DSS is not the Nigeria Police and (b) DSS or even the police may not arrest the judges at all, particularly at the particular hours of the morning!
It is my opinion that the DSS acted within the scope of their statutory assignment and that the DSS acted properly in conducting the arrest at the particular hours, to prevent flight, or escape by the arrested judges and as well as the DSS desire to ensure that proceeds of crimes are not destroyed or taken out of jurisdiction, including other tactical and strategic reasons which may have informed and prompted the DSS to act in the manner and the time their operatives acted.
I strongly believe that the DSS have adequate and sufficient information, and now, evidence to prosecute, hence these audacious arrests and bribe loot recoveries as have been announced by the DSS. The DSS certainly know more than what the public currently knows, they may have had exigent circumstances as to likelihood of flight or disappearance of the judges arrested, and the targeted corruption proceeds!
It is really disappointing to regularly and too often see Nigerian lawyers, and worse the NBA executives become tools with which the corrupt political class shield themselves…. Judges and members of the political class openly, conspicuously, ostentatiously and brazenly corrupt and break any and every law with impunity, while setting slush funds aside to hire 10 Senior Advocates of Nigeria to defend the indefensible!
The Nigerian nation and her citizens are not living to their full potentials as a result of corruption of every process. Elections are predictably rigged, judges are predictably for the highest bidders, budgets are routinely passed but monies so appropriated are predictably stolen or plundered, and then law enforcement agencies engage in some sort of "Catch-and Release" and the cycle perpetrates and perpetuates!
Budgets for roads, bridges and public infrastructures never get spent on roads and bridges or other public infrastructures hence they are decayed and decrepit nationwide. There are front-loading and unwarranted upward appraisals of contract prices. Monies budgeted for equipment and medicines never get to the target hospitals. Hence, Nigerian hospitals are bereft of modern state of the art medical diagnostic and treatment tools and or medicines. Medical doctors are frequently on strike nationally, and this is why your cousin will not find a doctor or medicine in his neighbourhood hospital tomorrow.
The generator in your home is running right now, as there is no municipal electricity, because the budget for electricity generation and transmission has evaporated through corruption, and nationally, Nigerians can count more generators than citizens!
Stupidity should have consequences and law breaking should receive sanction(s) but, currently in Nigeria, there is a dearth or even the complete absence of integrity. A corrupt judge is worse than an armed robber because a corrupt judge perverts justice, law and processes. Such judges, where there are allegations and probable cause, should be arrested and punished. Corrupt judge are odious and inimical to the very essence of justice, corrupt judges should be exposed and subject to public opprobrium.
When and if a law enforcement agency discovers that a crime has been committed, is being committed or likely to be committed, it's incumbent on upon such a law enforcer to arrest the offender without dithering. Prompt and legal arrest is an imperative! We do not ask armed robbers in Nigeria for permission to arrest them. So, why should we ask judges for permission to arrest them, when and if there is a probable cause, predicate and foundation for their arrest?
Corrupt judges thwart the very fundamental social order, the rule of law and due process to which they are supposed to pay complete obeisance. As we all must realize, the absence of law and order permits lawlessness!
https://adujie.wordpress.com/2
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On Sun, Oct 9, 2016 at 2:44 PM, okoi_advocate via AfricanWorldForum <africanworldforum@googlegroups.com > wrote:--The argument by some that the sting operations carried by the DSS on homes of senior Judges of the High Court and the Supreme Court last Friday which led to recovery of vast sums of money in various current denominations is an infraction on the independence and sanctity of the judicial branch of government is hogwash. There
is no infringement on the independence and sanctity of the judiciary in any manner whatsoever . Judges do not have immunity to do what they like . When a judge collects bribe to pervert the course of Justice is that not in itself an infraction of the independence of the judiciary and a threat to the sanctity of the judiciary ? When a judge commits a crime is both a professional misconduct and a crime . In such a circumstances it is not more the business of the National Judicial Council (NJC) to deal with it but also a matter for security agencies to handle .The DSS does not need more explanation more than what it had done . NJC has regrettably been protecting and covering senior judges! We I want to say that evidence abound of the protection and covering of senior Judges by the NJC and perhaps this might one of the reasons why government resorted to such measures , which in any case is within the bounds of the law . Justice Tsamiya collected two hundred million as bribe but NJC inexplicably only recommended his retirement . But another Judge in Kano who collected a bribe of N190 million was ordered to be arrested by the Police by NJC. We heard mind bogging stories in his judges collect humongous sums of money especially in political and election related cases to pervert the cause of Justice . It is perverse logic and reasoning for any body to contend that independence of the judicial branch of government means that the executive branch of government should close it eyes to the infractions of the law and Constitution by Judges . Even in the United States of America, the supposed bastion and sanctuary of constitutional and liberal democracy the FBI ( equivalent of DSS) sometimes carry sting operations to arrest roguish judges! On 5th October 2015 the CBS/Ap reported the arrest of a federal Judge, Judge T. Camp by the FBI in a sting operation for gun running and illegal drugs involvement with an stipper. In Philadelphia nine Judges were arrested on charges of corruption on the 13th January 2013! The judges face charges of conspiracy to commit wire and mail fraud, wire fraud,mail fraud,perjury,making false statements to the FBI, and aiding and abetting. In Puerto Rico, on the 30th May 2014, FBI agents arrested a Puerto Rico Superior Court Judge , Manuel Acevedo Hernandez suspected of accepting bribes in exchange for acquitting a man charged in a fatal drunk-driving case. On the 4th November 2015, a North Carolina Superior Court Judge, Judge Arnold Jones 11 was arrested in a sting operation by FBI and charged with trying to bribe an FBI officer to collect text messages between two phone numbers. However, in Nigeria a country blighted by many years of impunity no judge has ever been arrested! Even judges that have been accused of corruption and collection of bribes are usually treated with kid gloves and merely retired or dismissed! This is the first time Judges would be arrested by Law Enforcement agency in the history of the country; so the impression among members of the public is that Judges are above the Law. But nothing can be farther from the truth! Judged are ordinary citizens and surely not above the law! Change has surely come to Nigeria! Okoi Obono-OblaSent from my BlackBerry 10 smartphone. Update: DSS Says Recovered Millions In Naira, Forex From Alleged Corrupt Judges In Multiple RaidsOctober 8, 2016BEVERLY HILLS, October 08, (THEWILL) – The Department of State Services, DSS, has given reasons behind its raid on the homes of some judges in the country, disclosing that the special sting operations it carried out were based on allegations of corruptions and other acts of professional misconduct by a few of the suspected Judges.It disclosed that in one of the States where the Service carried out its operations, credible intelligence revealed that the Judge had Two Million United States Dollars ($2,000,000 USD) stashed in his house, adding that the said Judge in concert with the State Governor, mobilized thugs against the Service when he was approached for due search to be conducted.The DSS made this known in a statement issued on its behalf on Saturday by Abdullahi Garba, where it was said that the Service had in line with its core mandate, been monitoring the expensive and luxurious lifestyle of some of the Judges as well as complaints from the concerned members of the public over judgment obtained fraudulently and on the basis amounts of money paid.According to the statement, "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. Meanwhile, some of them have made useful statements while a few have declined even with the glaring evidences that were found against them in terms of material cash, documents and property recovered pointing to their compromise."In one of the States where the Service operations were conducted, credible intelligence revealed that the Judge had Two Million United States Dollars ($2,000,000 USD) stashed in his house. When he was approached for due search to be conducted, he in concert with the State Governor, mobilized thugs against the Service team. The team restrained itself in the face of unbridled provocative activities by those brought in by the Governor. Unfortunately, the Judge and Governor also engaged the tacit support of a sister security agency."The Service surveillance team noticed that upon frustrating the operation, the Judge with the active support of the Governor craftily moved the money to an unknown location which the Service is currently making effort to unravel."Meanwhile, large amount including foreign/local currencies have been recovered. Summaries of these include:SUMMARY OF RECOVERED MONEY1. NAIRA – N93,558,000.002. DOLLARS – $530,0873. POUNDS – £25,9704. EURO – €5,680"Other foreign currencies were also recovered. This were recovered from just three (3) of the judges."These in addition to other banking documents, including real estate documents have been recovered. Meanwhile preparations are ongoing to arraign them in a competent court of jurisdiction in line with the laws of the nation."The Service however clarified that it has never invited Justice Walter Nkanu Onnoghen of the Supreme Court for investigation, asserting that the Justice is not being investigated by the secret police.DSS said it "would like to put it on record, that it has tremendous respect for the Judiciary and would not do anything to undermine it or its activities. The Service will also join hands with this noble institution in its fight to rid it of few corrupt Judges whose actions is undermining not only the Judiciary but the common bond of our national life."Garba however stated that the current operation will be sustained and followed till sanity and sanctity is restored to the esteemed third arm of government and public confidence is regained.-----------
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