Prosecution Or Persecution Of Judges: My take!
Yesterday, news flew in that there had been a clampdown on "corrupt" Judges by men of the now notorious Department of State Security (DSS) which also doubles as The Secret Police of the Federal Government.
Naturally, that Gestapo styled raid by the DSS has elicited rife reactions and has polarized us into Rightists, Leftists and Centrists.
Some have argued that the Buhari led Federal Government is waging a war on the Judiciary in order to make it(the Judiciary) amenable to it's(Federal Government) whims.
To them, it's an outright war on the Judiciary as an arm of Government.
It has even been suggested that the arrested Judges like Justice Nwali Ngwuta of the Supreme Court, Justice John Okoro of the Supreme Court, Justice Adeniyi Ademola of the Federal High Court and the other arrested Judges are being persecuted for the decisions they gave that went against the ruling Party, the All Progressives Congress.
However, it is important to state that the Judges were arrested not based on the some of their decisions but actually for allegations of Bribery and Corruption.
Some others are very vocal in their support for whatever the Government does to "fight" corruption regardless of the impact on the Rule of Law.
They seem to forget that this is 2016 and not 1984.
They argue that Nigeria is so rotten that it will take only a dictator to cleanse the Country.
Truth be told, these Gentlemen have only been accused of being corrupt, and that accusation or suspicion does not amount to Conviction.
They are innocent until proven guilty and we cannot just conclude on their guilt or otherwise because of the single narrative of the DSS.
The onus is still on the Court to decide who is guilty or not.
Another issue that came up from the arrests of these revered Gentlemen is whether the process of their arrests was in concert with the Rule of Law.
For the sake of clarity, the National Judicial Council is the body that is charged with the responsibility of maintaining discipline in the Judiciary: they punish Judges for Judicial Misconduct.
Now, the question is, "What is Judicial Misconduct"?
Does reviving bribe and having mouthwatering amounts in your house amount to Judicial Misconduct?
If a Judge is accused of Corruption, is it only the National Judicial Council that can discipline him?
Does the role of the NJC preclude Judges from being investigated and prosecuted by other agencies of the State?
These are a few of the questions that need answers to actually determine whether the DSS was acting within the purview of it's powers.
Finally, Corruption is an ill wind that does no good but at the same time, given that this is a Democracy, Corruption must be fought in accordance with the Rule of Law.
I agree that the NJC is not the only body to discipline judges for corruption. However, I believe it (the NJC) should be the first stage for such. The NJC should, first of all, dismiss them before such an action (as that which the DSS has taken) can be done. The presence of the NJC makes the judiciary self regulatory. What if the court finds the judges guilty while the NJC finds them innocent? Will they remain as judges while in prison? There should be a process. Can these arrested Judges proudly return to the bench and preside over hearings if they are found innocent? I doubt.
ReplyDeleteThe manner of arrest is even more curious. This is probably worse than the manner they arrested Sambo Dasuki. Its only terrorists or armed criminals I know they arrest at such an ungodly hour. Why couldn't they do it in the day time while still being simultaneous? In this regard, I agree with Wike.
Corruption must be eradicated, but we must follow the laid down procedure. That's why we're in a democracy. I want to believe that this is not a witch hunt. However, I view this as a deliberate slap on the independence of the judiciary. It is bad enough that these same security agencies flagrantly disobey court orders. Now, they are attacking judges directly. I strongly believe that it is the ICPC or the EFCC that should be handling this issue. The DSS has nothing to do with corruption cases. They are limited to security matters.
The independence of our judiciary has just been threatened. If they are the "last hope of the common man", who shall that man run to now?
I don't see anything wrong with the timing of the time: there's no particular time for committing an offence and there should be no particular time for investigating and arresting suspects.
DeleteThe immunity the Judges enjoy does not preclude them from being investigated and even prosecuted by other anti graft agencies.
What if the NJC finds them innocent and the Court finds them guilty?
The question is "what is the laid down procedure for ensuring discipline in the bench"?
What really is professional misconduct?
For me, as long as the DSS had a warrant issued by a Court of Competent Jurisdiction, they haven't broken any law.
Whilst not also forgetting that the NJC is an advisory body and whatever their decision is, there has to be an Executive Stamp of approval.
DeleteBy and large, if it was the EFCC or any other anti graft body that carried out these operations, I would have been more vocal in my defence.
I don't see anything wrong with the timing of the time: there's no particular time for committing an offence and there should be no particular time for investigating and arresting suspects.
DeleteThe immunity the Judges enjoy does not preclude them from being investigated and even prosecuted by other anti graft agencies.
What if the NJC finds them innocent and the Court finds them guilty?
The question is "what is the laid down procedure for ensuring discipline in the bench"?
What really is professional misconduct?
For me, as long as the DSS had a warrant issued by a Court of Competent Jurisdiction, they haven't broken any law.
Like you rightly said on Facebook, the arrest warrant doesn't cover such a time of the day. So even if the warrant was validly obtained, it was wrongly used.
DeleteThe laid down procedure for ensuring discipline will most certainly be through the NJC. Even if they must investigate the judges, they shouldn't have taken the steps they did. I strongly believe that before (or while) the judges are being charged to court, they should also be petitioned to the NJC because at the end of the day, it will amount to total confusion (like i earlier said) if the judges are sentenced while as seating judges. In that case, will they still remain as judges?
What is professional misconduct? It is a contravention of a standard of practice of the profession. Now, bribery (as was alleged) is against the standard of judges. It hampers their impartiality and prevents them from fair adjudication. Thus, it is within the NJC's jurisdiction. That notwithstanding, the criminal aspect is for the security agencies. The point is that since it is also a professional misconduct, the NJC has to be involved. I'm not saying that the judges are innocent anyway, but the NJC must be involved and the arrest must be carried out legally.
Old Soldier never dies. It is now vivid that his Excellency is not in tune with recent democratic mode of governance in which every citizen has rights which must not be trampled upon. In as much as those harassed are humans, let alone judges, they would have been accorded the respect they deserve (even though they been criminals). The DSS has been turned into an "attack dog" who bites without consideration. For goodness sakes, Saraki wasn't treated like this(a political office holder) so why should the top members of the judiciary be treated in such venomous manner. I am not saying the Judges were right to have huge hard currencies in their closet, ALSA they at lease deserve the right to fair hearing and respect of office by the "presidents boys".
ReplyDeleteI think the nucleus of our arguments for and against should be whether the DSS acted within the purview of the Law.
DeleteWas there any warrant?
Can the DSS also prosecute Judges?
These are the questions that need answers before we start attacking the FG.
I think the nucleus of our arguments for and against should be whether the DSS acted within the purview of the Law.
DeleteWas there any warrant?
Can the DSS also prosecute Judges?
These are the questions that need answers before we start attacking the FG.
Personally, I think the DSS acted within the law in making the arrests. But the fact that the arrest was made within the law doesn't mean the prosecution of the judges is in line with laid down procedures as the NJC is normally charged with this. The action of the DSS is novel but that doesn't make it wrong for me. Strict adherence to laid down procedures overtime have created a portal for bad scratches in the society to escape justice. The arrests are a welcome development as it will help the sponging out of the fungus that is corruption from the judiciary in the long run. The time of arrest though not illegal, presents the DSS in a bad societal light as it somehow tends to show they have ulterior motives for making the arrests which may not be true.
ReplyDelete