Once Buhari takes a controversial political action, Bolaji Aluko must give his support, often unqualified.Fulani herdsmen's terrorism which Buhari has been aiding has received Aluko's support through a struggle to question the factuality accounts of terrorism by this group, activities they openly justify, with the help of right wing Northern Muslim politicians, and of silence on the attitude of Buhari.The only time I know Aluko to have raised a criticism of an action related to Buhari's political activity was when he and a number of other VCs were relived of their jobs by Buhari's appointee to the Ministry of Education, a journalist with no experience in educational management , not even headship of a department in a university, as far as I know, who flooded the VCship list with a largely Northern Muslim selection, four from Kano state alone, if I recall correctly. After struggling to pretend all was well, Aluko eventually made a little cough of discomfort.Gradually, I understand better why buffons are able to rule successfully in Africa and other banana republic environments.Along with instilling fear through use of force, they have those who should know better supporting them.toyin--On 12 October 2016 at 02:31, Mobolaji Aluko <alukome@gmail.com> wrote:--SAHARA REPORTEREFCC Arrests Female High Court Registrar Notorious For Matching Senior Lawyers With Corrupt Judges
The Economic and Financial Crimes Commission (EFCC) last Thursday arrested Helen Ogunleye, a registrar at the Federal High Court in Lagos with a record of pairing up senior lawyers with corrupt judges to pervert justice. Our sources said she was detained overnight before being granted bail on Friday. SaharaReporters further learned that forensic investigations of some of the high-profile lawyers undergoing prosecution by the agency show that Mrs. Ogunleye has also been a conduit for transferring cash from the lawyers to some of the corrupt judges.
The Economic and Financial Crimes Commission (EFCC) last Thursday arrested Helen Ogunleye, a registrar at the Federal High Court in Lagos with a record of pairing up senior lawyers with corrupt judges to pervert justice.
Our sources said she was detained overnight before being granted bail on Friday.
SaharaReporters further learned that forensic investigations of some of the high-profile lawyers undergoing prosecution by the agency show that Mrs. Ogunleye has also been a conduit for transferring cash from the lawyers to some of the corrupt judges.
Some of our sources gave the example of an analysis of telephone calls from Joe Nwobike, a senior lawyer recently arrested by the EFCC, which showed that Mrs. Ogunleye had previously helped pair him with a federal high court judge who is now serving in the Jos Division.
Several text messages between her and some judges also show that she had perfected a way to funnel bribes to them.
Mrs. Ogunleye is said to be cooperating with EFCC investigators.
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Cable Pulse
PROFILE: Grandson of ex-CJN, ex-lecturer, PhD holder… the 7 judges arrested by DSS
The Department of State Services (DSS) raid on some judges has been the issue in the media since Saturday when the news was made public.
Nigerians, including legal practitioners, have been divided over the operation, but the presidency has tried to justify the action of the secret police, saying it was aimed at ridding the judiciary of corruption.
While some have been released others are currently in detention. Below is a lowdown on judges affected in the first of such operation, as the DSS has vowed to carry out more.
ADENIYI ADEMOLA
Adeniyi is a judge of the federal high court, Abuja. He is the grandson of Adetokunbo Ademola, whom the colonial masters appointed chief justice of Nigeria in 1958. He remained in that position till 1972, making him the longest serving chief justice in the history of Nigeria.
TheCable understands that Ademola has been very controversial even among lawyers who often question how he arrives at his judgments.
Adeniyi was the judge in whose court the DSS arraigned Sambo Dasuki, former national security adviser. He also presided over the forgery case which the federal government brought against Senate President Bukola Saraki, Ike Ekweremadu, his deputy, and that which sacked Ahmadu Fintri as acting governor of Adamawa state. Adeniyi comes from Ogun state
SYLVESTER NGWUTA
Ngwuta is a supreme court judge who hails from Ebonyi state. Having served at a high court in Abia state, and the appeal court, he was elevated to the supreme court in 2011. He has been a member of several election petition tribunal, governorship and legislative house election petition tribunal since 1999.
He was a member of the Nasarawa state tribunal, which sat in Lafia, the state capital in February 1999, the national assembly election petition tribunal, Plateau state, in Jos in April 1999, among others.
He presided over the ruling that affirmed Olusegun Mimiko as governor of Ondo state in May 2013 and also presided over the ruling of the Supreme Court that affirmed Kayode Fayemi as governor elect of Ekiti state, and recently he affirmed the election of Yahaya Bello, governor of Kogi state.
INYANG OKORO
Inyang Okoro is an indigene of Akwa Ibom state. He was a judge of the high court of Akwa Ibom. Okoro got elevated to the position of justice of the court of appeal in 2006. Eight years later, the senate confirmed his appointment as a justice of the supreme court justice, and he was sworn in by Aloma Mukhtar, the first female chief justice of Nigeria in November.
In January, he delivered judgment on a friction involving factions of the Peoples Democratic Party (PDP) in Anambra state. Okoro's panel held that the Ejike Oguebego-led PDP executive had the sole right to hold the primary election in Anambra. Back then, the judgment was misinterpreted to mean that Andy Ubah and Stella Oduah, two senators from the state had lost their seats since they emerged through primary elections that were conducted by another faction. The issue was later resolved with the explanation that the apex court was silent on the aspect involving seats of the lawmakers.
NNAMDI DIMGBA
Dimgba was in the top two of his class at the University of Nigeria. He was called to the Nigerian Bar in September 1999. He holds a BCL degree from the University of Oxford (Worcester College), a Certificate in US Law and Legal Methods from Suffolk University in Boston, USA and a PhD in Competition Law from the University of the West of England (UWE), Bristol, where he was also a law lecturer in corporate and competition law until 31 August, 2006. President Muhammadu Buhari appointed him a federal high court judge in November.
A day to his arrest, Dimgba chided the DSS for flouting an order to remand Umar Mohammed, a retired air commodore, to prison. Mohammed was ordered to be remanded in Kuje prison on Thursday and on Friday, the DSS failed to produce him at a hearing for his bail application.
KABI AUTA
Auta is an indigene of Borno state. A graduate of Ahmadu Bello University, Zaria, he was called to bar in 1977. Auta was the attorney-general of Borno between 1988 and 1989. After a year in office, he was appointed a chief judge. He was the national president, Magistrate Association from 1986-1988. He was also the chairman, civil disturbances tribunal, Port-Harcourt in 1995.
In 1999, he chaired the national assembly election tribunal for Anambra State 2010. He was later appointed a judge at the Kano state high court. Two weeks ago, the National Judicial Council (NJC) recommended Auta for prosecution over an allegation of collecting N197m from one Kabiru Yakassi who wrote a petition to the NJC.
NJC also asked Abdullahi Ganduje, governor of Kano state, to dismiss him, and also recommended that Auta should be handed over to the assistant inspector-general of police, zone 1, Kano, for prosecution.
MUAZU PINDIGA
Pindiga is a judge of the Gombe state high court. He was the chairman of the Rivers state election petition tribunal, but was replaced following a petition that he had been bribed by a key actor in the election.
MOHAMMED TSAMIYA
Tsamiya was born on December 31, 1949. He was a judge of the court of appeal in Ilorin. Before his posting to Ilorin, he served as a justice of the high court, Sokoto. Citing a petition written against him based on election appeal panel in the Owerri division of the court during the 2015 general election, the NJC asked President Buhari to compulsorily retire him. One Nnamdi Iro had accused the judge of demanding the sum of N200m on three different occasions to influence the court ruling.
INNOCENT UMEZULIKE
Umezulike, the immediate past chief judge of Enugu state, was born in Rivers state on September 21, 1953. He obtained a bachelor's degree in law from the University of Lagos in 1976, and was appointed a legal adviser in the Nigerian Television Authority (NTA) that same year. He lectured at the Nnamdi Azikiwe University, where he rose to the position of an associate professor. The federal government nominated him to serve in the supreme court of the Gambia.
The judicial council recommended him for sack over allegations of corruption. He was accused of delivering judgment in a case 126 days after final addresses were adopted by parties. During his book launch, he was said to have allegedly received a donation of N10m from a businessman, Arthur Eze, while two cases in which Eze was said to have had vested interest, were in the judge's court.
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On Tue, Oct 11, 2016 at 11:21 PM, Mobolaji Aluko <alukome@gmail.com> wrote:--October 11, 2016Lawyers, especially the senior ones are responsible for the rot in the judicial system. That is the view of a professor of law, Itsey Sagay.
In an exclusive interview with Channels Television, Professor Sagay said that the senior lawyers influenced the judges.
On whether the NJC can deal with the corruption in the bench, the law professor said that the body lacks the capacity.
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My People:
No more to be said...
Bolaji Aluko
------------------------------------------------------------ ------------------------------ -------------------- Crackdown on judges: Judges are corrupted by senior lawyers – SagaySource: VanguardABUJA— Chief Justice of Nigeria, Justice Mahmud Mohammed, yesterday, described the arrest and detention of two Justices of the Supreme Court and two High Court Judges by the DSS as very "saddening, regrettable and distressing" and urged Nigerians to remain calm and prayerful. He said the National Judicial Council, NJC, will hold an emergency meeting today to comprehensively look into the matter. Meanwhile, as angst over last weekend's crackdown on judges by the Department of State Service, DSS, continues, high court judges shunned sittings in Abuja, yesterday.Meanwhile, as angst over last weekend's crackdown on judges by the Department of State Service, DSS, continues, high court judges shunned sittings in Abuja, yesterday.Most courts Vanguard visited were open but not conducting any proceedings. Most of the judicial workers, especially at the Federal High Court, where one of the detained judges, Justice Ademola Adeniyi, was serving, were seen in clusters discussing the issue in hushed tones. Some prominent cases hitherto slated for hearing could not go on, yesterday, including continuation of the corruption trial of former Chief of Defence Staff, Air Marshal Alex Badeh and money laundering charge against former governor of Imo State, Chief Ikedi Ohakim. There were indications that the arrested judges may be arraigned before a Chief Magistrate Court at Life Camp District, Abuja.This came as the Nigerian Bar Association, NBA, insisted that the crackdown was unconstitutional and illegal as the Attorney-General of the Federation, Abubakar Malami, SAN, and the Body of Benchers, contrary to tradition, shunned a valedictory court session held in honour of Justice Suleiman Galadima, who bowed out of the apex court bench, yesterday, having clocked the mandatory 70 years retirement age. The CJN, who doubles as chairman of the NJC, broke his silence on the issue at the valedictory court session. While extolling the virtues of Justice Galadima, who he said rendered 47 years of committed and selfless service to the nation, the CJN, said: "My Lords, invited guests, ladies and gentlemen, not to detract from this occasion, it is indeed very saddening and deeply regrettable, the distressing and unfortunate incident, which occurred on Friday October 7, and Saturday October 8, 2016."However, I must ask all Nigerians to remain calm and prayerful, as an emergency meeting of the NJC which will take place tomorrow (today), will comprehensively look into the matter. Furthermore, I must express my sincere appreciation to the executive of the NBA ably led by the President, Abubakar Mahmoud, SAN, and indeed all members of the legal profession, for their prompt action and continued support." Meantime, contrary to the tradition of such valedictory court proceedings, Attorney-General of the Federation, Abubakar Malami, SAN, not only shunned the event, he also failed to send a representative. Similarly, the Body of Benchers, which is an umbrella body of SANs in the country, was not represented on the occasion. Atmosphere at the session, held at the main courtroom of the Supreme Court, was tense and gloomy, with only 13 justices of the apex court in attendance. DSS operations were illegal, unconstitutional, NBA insists Meanwhile, in its speech at the valedictory session, the NBA insisted that it was wrong for President Muhammadu Buhari to justify the DSS action against the judges. President of the association, Abubakar Mahmoud, SAN, said: "Perhaps it may not be out of place if I say a few words on the events that took place two days ago.The events are now quite known. Between the night of Friday October 7, operatives of the DSS conducted series of raids into the homes of judges of various courts across the country, including homes of two senior Justices of the Supreme Court. "The justices were taken into custody after several hours of searches. On October 8, the DSS held a press conference to justify the searches. It described the operation, in quote: 'series of sting operations on allegations of corruption and other acts of professional misconduct against few and suspected judges'. It also stated that its action was in line with its core mandate, that they have been monitoring the expensive and luxurious life style of judges. "The NBA has already issued a statement condemning this action in the strongest possible terms. At the press conference, which I addressed in Lagos, on Saturday, I condemned the action of the DSS and demanded that President Buhari calls the security agencies responsible for this action to order. We deem these actions illegal and unconstitutional as it is against the independence of the judiciary. "It is aimed at intimidating the judiciary and indeed the legal profession. This military style operations are totally unacceptable in a democratic society. "It is unacceptable to private citizens and more so, justices of the superior courts".NBA said it was concerned that President Buhari, through a statement by his special assistant on media, attempted to justify the arrest and detention of the judges by the DSS, on the premise that it was targeted at corruption and not the judiciary as an institution. "The NBA rejects this explanation and justification that this so called surgical operation is targeted at corruption and not the judiciary. We found it absurd that the President will accept assurances from the DSS. We maintain our position that these operations were illegal and unconstitutional. I want to reiterate that the position of the NBA is not aimed at protecting any Judge or to shield any Judge from investigation". The NBA leadership called for the DSS to be restructured, saying it is not the mandate of the Service to investigate corruption allegations or to conduct sting operations in the home of judges at night, warning that the DSS should not be encouraged to act outside the law as "the dangers of this kind of action are replete in our history."Judges are corrupted by senior lawyers – SagaySpeaking on the issue, yesterday, Chairman, Presidential Advisory Committee againmst Corruption, Prof Itse Sagay, SAN, said: "It is a major development in our legal history, it is unusual. Where do you think such money (N360m) came from? And if such huge sum of money can illegitimately be in the house of judges, then what is this system we are operating? Can one get justice in such a situation? This is what is troubling my mind.I have always said that judges deserve dignity and to be treated with utmost respect; that is what I will call reverence and it has always been so. "In a situation where there is such degeneration in a society, that has now spread to the judiciary that is normally treated with sanctity and reverence, what is to be done? When you have a god that you are worshipping and the god brings himself down to your level, then what it is saying is that you should stop worshipping him and you should treat him like any other person. That is the phenomenon we are dealing with."Respect for judges is based on their conduct, record and attitude. When that conduct fails, then they have exposed themselves to the situation, which they are treated. Judges, according to the law, enjoy immunity against searches and arrests. In regard to how judges are treated, as people who are above god, people of the greatest moral authority, when that is gone and they are like you and me in conduct, scrambling for money and taking money from parties before their courts, in order to abuse their position, then the law applies to them as it applies to every other person. NJC should not be condemned over the said money found in judges homes. NJC was not established to deal with the epidermic that is seen in the judiciary, in terms of judicial corruption. We are facing an epidermic. It means if you don't have money you can never get justice.So I think there is a need to really introduce drastic measures to purify the system.'' We must not undermine the credibility of the judiciary – Nwabueze Legal icon, Professor Ben Nwabueze, SAN also deplored the manner the arrests were made and cautioned that we must not do things that could bring the judiciary to disrepute. In a statement, yesterday, he said: "Whilst judges are not granted immunity from criminal process, the vital and sacrosanct role of the judiciary in governance entitles them to great respect over and above that accorded to the ordinary citizens. To disgrace a judge, as by a degrading treatment, is not just the disgraceful treatment of an individual; it brings the entire judiciary, as the third organ of government, the Third Estate of the Realm, into disrepute and undermines its credibility in the eyes of the public. It diminishes our country, and all of us.The matter therefore counsels and demands cautious handling. "We are in a constitutional democracy, not a military dictatorship, and the law must be respected and obeyed in the way the affairs of the country are handled, including the handling of the fight against corruption which we all wholeheartedly support.'' Anti-graft war must follow due process – Sodipo Also, speaking, former President, Intellectual Property Law Association of Nigeria, IPLAN, Prof Bankole Sodipo, said: "I am against corruption and corrupt judges but I am against the manner the judges have been treated. The rule of law is a safety valve. No investment takes place in a country where the rule of law is not respected. Leaders who do not respect the rule of law often become despots. Buhari was once a despot. We must oppose the agencies that are depicting Buhari as a leader that has not changed. I voted for Buhari, who vowed he is not that same person who ruled us a little over 30 years ago with Decree 4 and fear. I implore Buhari to dispel this fear as Idi Amin started like that. Once the judiciary is ridiculed, the last hope of the common man is gone. Let us follow due process.''It has done serious damage to Nigeria's image – Labour Organised Labour, also condemned the crackdown, saying that it contradicted known democratic norms and undermined Nigeria's democratic practices. Speaking through the Nigeria Labour Congress, NLC faction led by Mr. Joe Ajaero, Labour contended that while it gave total support to the anti-corruption fight of the present government in the three arms of government, the process that was employed in the raid on the homes of the judges, had done serious damage to the reputation of the nation and made a mockery of the brand of democracy being practiced. Labour in a statement by Joe Ajaero warned that Nigeria could slide back into a pariah state in the comity of nations should things continue in this way.The statement reads in part: "That the nation's judiciary which ought to be the last hope of the common man is seriously corrupt just like every other arm of the nation's governance is well known and historical. It is unfortunate that these allegations against judges whose chambers are considered hallowed and whose appearances sometimes bespoke of certain reverential powers are even made at all talk less of the presence of the alleged evidence in their possessions. We feel that this is truly a betrayal of trust and confidence and indeed contemptuous of the loyalty of Nigerian people upon that hallowed institution. "However, no matter the quantum of corruption that is either perceived or observed in the Judiciary, we cannot pull down the laws and statutes we have set for ourselves to govern how issues of this magnitude are handled. Governance is built on certain pillars and anything that undermines these pillars undermines the government and can create instability that may cause the nation to implode.These safeguards are guarantees to protect the people from impunity and high-handedness of those that wield instruments of Power.'' APC, CLO differ Meanwhile, the Conference of Publicity Secretaries of the ruling All Progressives Congress, APC, and the Civil Liberties Organization, CLO, have divergent views on the issue. While the APC scribes in the six geo-political zones of the country commended the Federal Government for what they described as its demonstrable intent to clean up the judiciary and take it out of the commercial market, the CLO said the invasion of judges' homes by DSS operatives brought to the fore the reality that democracy, rule of law and respect for the constitution of the Federal Republic of Nigeria were under serious threat. In a statement made available to reporters in Awka, the APC publicity scribes said the mission to clean the judiciary should not be questioned by anyone who meant well for Nigeria, especially those who had a first-hand experience of the perversion of justice in the country.The statement read: "We urge Nigerians who do not as yet have sufficient information or are not knowledgeable enough on the technical issues involved in the combined operation of the security agencies leading to the arrest of some judicial officers across the nation to answer to various allegations, to remain calm and watch the unfolding situation. "Attempts to consign the issues in the latest development to legalities alone will fail flatly in the face of more serious considerations of how the nation degenerated to a point where those who would normally be looked up to as next to God in purity, now demand and collect bribes to declare otherwise unqualified persons to preside over the public life of innocent Nigerians, armed with immunity in some cases.'' However, the South East zone of CLO disagreed with APC scribes, arguing that the gestapo style of the DSS operation in arresting the Judges was a sad reminder that after 17 years of return to civilian administration, dictatorship and other accompanying derivatives of the military regime still abound. South East zonal chairman of CLO, Comrade Aloysius Attah, said while not holding brief for the affected judges, even when the DSS had already declared them guilty, there were legally accepted procedures for criminal arrest, investigation, prosecution and conviction.Attah's statement read: "Nigeria as a nation has relevant agencies and bodies charged with the responsibility of addressing corruption, financial malfeasance and other related offences. The DSS under President Buhari, if left unchecked, may become another strike force. The DSS action is morally and legally reprehensible and there is nothing to cheer or justify their action over the huge sums of cash said to have been recovered from the Judges' homes, after all the DSS is not a money recovering agency.''It's a threat to Nigeria's democracy – A/Ibom PDP, Onuesoke In like manner, the Akwa Ibom State chapter of the Peoples Democratic Party, PDP, called on Nigerians to resist attempts by the APC-led Federal Government to scuttle Nigeria's hard-won democracy. The state Publicity Secretary of the PDP, Mr. Ini Ememobong, yesterday in Uyo, described the arrest of the judges as 'burglary and kidnapping,''adding that if Nigerians and professional bodies do not rise up to defend democracy and judiciary, and left them undefended, democracy will be threatened to its roots. A chieftain of the PDP, Chief Sunny Onuesoke, described the arrests as sacrilegious and desecration of the judiciary. Onuesoke who spoke to newsmen in Abuja, argued that while he is in full support of the government's efforts to eradicate judicial corruption, he would not accept anti-corruption strategies and methods that patently offend the rule of law and undermine the authority, integrity, sanctity and independence of the judiciary as stipulated in the principle of separation of powers.Source: PremiumTimesThe raids carried out weekend by the State Security Service on residences of senior judges were routine investigations, and were legitimate, the Attorney General of the Federation and Minister of justice, Abubakar Malami, has said.Addressing journalists in Abuja on Tuesday, Mr. Malami said the government had resolved to fight corruption, and would not be deterred by class or reputation of suspects."Once crimes and criminality are concerned, nobody is an exception. I think the undertone should be exclusively the consideration of the existence of a prima facie case; existence of reasonable grounds for suspicion of commission of a crime," he said."And if there are, no member of the legislature, judiciary and executive can definitely be exempted from investigation. I think where we are now is the point of investigation and that is what is taking place."Mr. Malami said the search and subsequent arrest of seven judges were steps in an ongoing investigation that even constitutionally guaranteed immunity does not prevent."The bottom line is that we have a responsibility to fight corruption. Corruption is a crime and nobody, regardless of how highly placed, is exempted as far as issues that border on crimes and criminalities are concerned."The limited exceptions, as we know constitutionally, are the exceptions of immunity. And to the best of my knowledge, those exceptions do not apply to investigation. For those that are conferred with the immunity, the right to investigate has not been taken away constitutionally."So, I think the framework and the circumstances within which we are operating are clearly whether there exists the right to investigate or not, and whether the action borders on criminality," he said.The SSS raided the homes of seven judges in six states of the federation and the Federal Capital Territory between Friday night and Saturdaymorning.During the raid, the SSS said it recovered a huge stash of money in local and foreign currencies. Seven judges were arrested, and have since been released on bail.Those arrested include Justice Sylvester Nguta and John Okoro of the Supreme Court and Adeniyi Ademola of the Federal High Court Abuja.Others are Justice Muazu Pindiga of Gombe State; Kabiru Auta of Kano State, Innocent Umezulike, of Enugu State and Justice Mohammed Tsamiya, an appeal court judge in Ilorin.Reports of their expected arraignment went round on Monday. But while journalists waited at a Magistrate Court in Life Camp, Abuja, where they were expected to be arraigned, officials confirmed that the judges had been released.---------- Forwarded message ----------
From: Mobolaji Aluko <alukome@gmail.com>
Date: Mon, Oct 10, 2016 at 4:41 AM
Subject: USA Africa Dialogue Series - Re: [Naijaintellects] On the Matter of the Stunning Arrest of Many Very Senior Judges in Nigeria {Re: Arrest of Roguish Judges is constitutional
To: naijaintellects <naijaintellects@googlegroups.com >
Cc: "africanworldforum@googlegroups.com " <africanworldforum@googlegroups.com >, USAAfrica Dialogue <USAAfricaDialogue@googlegroups.com >, Nigeria world forum <NIgerianWorldForum@yahoogroups.com >, "naijapolitics@yahoogroups com" <naijapolitics@yahoogroups.com>, nidoa nidoa <nigerianID@yahoogroups.com>, "Raayiriga@yahoogroups.com" <raayiriga@yahoogroups.com>, yahoogroups <TalkNigeria@yahoogroups.com>, ekiti ekitigroups <ekitipanupo@yahoogroups.com>, NiDAN <nidan-group@googlegroups.com> --Akusobi:Absolutely....!The PMB administration is finding BELATEDLY that the anti-corruption fight can NEVER BE WON if the CORRUPT Judges and Lawyers that DOMINATE the Nigerian landscape are still in place....AND if the Banks can still hide and move their monies around for them. That is why, as far back as 2004, I have listed as one of 17 ways of fighting corruption in our country, we should:QUOTEFor unelected public officials, we should:
1. speedily prosecute all persons not protected by Section 308 who aids and abets those immunized officials in financial and other types of corruption;
2. focus on ridding the Police Force and Judicial Bench of corruption; these two arms are the most public faces of exercising justice in the land. We should observe zero-tolerance for bribery by the NPF on our highways, including use of sting operations;
3. observe zero-tolerance for bribery by judges, mandatorily disbarring any found to have taken bribes.For private sector officials, we should:
1. focus on ridding the banks and other financial houses of corrupt practices;
2. observe zero-tolerance for money-laundering: sanctions could for example DOUBLE the amounts laundered, including closing banks down for egregious violations;
3. observe zero-tolerance for foreign-exchange round-tripping; fines should double the amount round-tripped.For elected public officials, we should:
1. focus on the executives at the National, State and Local Government levels;
2. enable public access to their declared assets, sanctioning any officials that don't declare their assets and/or truthfully;
3. require independent, professional and regular audits of all LG, state and federal accounts, and make available to the public;
4. abrogate or seriously amend Section 308 immunity clause that benefit the President, the Vice-President, the 36 governors and 36 deputy-governors. If amended, Section 308 should allow the
(i) the Police, the ICPC and the EFCC to pursue CRIMINAL charges the executive officials;
(ii) the Senate to investigate civil charges against the President, after a grand jury of three Appeals Court judges has determined that there is a prima facie case against them that is urgent; and
(iii) State Houses of Assembly to investigate civil charges against the governors and their deputies; after a grand jury of three High Court judges has determined that there is a prima facie case against them that is urgent;UNQUOTEWhat, for example, is happening with the Rickey Tarfa case? How can a judge be found guilty of judicial misdeed (induced from bribery) - and then just transferred to Maiduguri by the NJCQUOTEJudge punished heavily, placed on watch list over judicial misconductMazi Emeka March 2, 2016The National Judicial Council (NJC), on Wednesday, announced that a Federal High Court Judge, Justice Rita Ofili-Ajumogobia, serving in the Lagos Division of the court, has been been banned from any form of promotion till the end of her career.This was contained in a statement signed by the NJC Acting Director, Soji Oye.Oye stated that Justice Ofili-Ajumogobia has been placed under a four year watch-list and also warned against committing any misconduct.He said the disciplinary action was taken after the NJC, headed by the Chief Justice of Nigeria, Justice Mahmud Mohammed, considered several petitions filed against her.The decision was sequel to the petition written against her by one Victoria Ayeni alleging misconduct and injustice on the part of Hon. Justice Ofili-Ajumogobia for failing to deliver judgment in Suit No. FHC/AB/CS/31/2011, a pre-election matter between Victoria A. A. Ayeni and Olusola Sonuga.The statement reads in part:"She was also alleged to have adjourned the pre-Election matter severally until the termination of the life span of the Ogun State House of Assembly.""The National Judicial Council, Under the Chairmanship of Hon. Justice Mahmud Mohammed, GCON, at its Meeting which was held on the 24th and 25th February, 2016 decided to warn Hon. Justice Ruth Ofili-Ajumogobia and also put her on the 'watch-list' of the Council for the next four years.""The honourable judge will also not be considered for any elevation to the Court of Appeal or any ad-hoc judicial appointment till her retirement from the bench."Justice Ruth Ofili-Ajumogobia was, in 2013, accused of physically abusing a male staff and using him for domestic errands.UNQUOTEThe NJC, until recently, has not shown itself to be strong enough to discipline judges...and CRIMINAL PROSECUTION - and not administrative oversight - should be the name of the game. If a Judge slaps a staff, yes that could be administrative oversight. But if it has to do with the VERY FUNCTION of judgeship, then criminal prosecution should be done.And there you have it.Bolaji AlukoOn Mon, Oct 10, 2016 at 4:20 AM, Daniel Akusobi <dakusobi@gmail.com> wrote:--Aluko,Supported!The fight against corruption should have started from the judges at all levels.D
Sent from my iPhone--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..."UNQUOTE<image.png><image.png>IFalana 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
016/10/08/nba-goofed-on-arrest -of-judges/
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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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