Photo: supremecourt.gov.ng |
We must not masquerade
under due process to permit and perpetuate the despoliation of our collective
patrimony.
Media
report continues:
Let
us feed fat meat to the war on corruption haply a sane judiciary will pose
great fear to thieving political operators.
“A
corrupt judge is more harmful to the society than a man who runs amok with a
dagger in a crowded street. The latter can be restrained physically. But a
corrupt judge deliberately destroys the moral foundation of society and causes
incalculable distress to individuals through abusing his office while still
being referred to as honorable.”
— Justice Muhammadu Uwais
Femi Falana (SAN),
Blasts The NBA For Shielding Corrupt Judges.
Human
rights lawyer, Mr. Femi Falana (SAN), on Sunday, criticized the Nigerian Bar
Association for 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 was
responsible for the current state of the country’s judiciary.
He
said this while reacting to the raid on the homes of some judges and the arrest
of four of them by the Department of State Services between Friday and
Saturday. 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.
Falana,
however, criticized the NBA, saying, “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 stigmatized 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 members of the legal profession had 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,” he said.
Falana,
however, said because the detained judges “are presumed innocent until the
contrary is proved by the State, they should be admitted to bail in self-recognizance.”
He
urged the Attorney-General of the Federation and Minister of Justice, Mr.
Abubakar Malami, to ensure that the judges were immediately arraigned without
delay.
He
lamented the state of the legal profession, saying, “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 ₦197m from a litigant the
authorities had paid lip service to the menace of judicial corruption in the
country.”
DSS To Arrest More Judges For Graft, Trial
Begins Soon
• JUSUN demands unconditional release • NBA team meets with
CJN • Corruption, not judiciary under attack, says presidency
More
judges are to be arrested across the country by the Department of State
Services (DSS) in the ongoing alleged move to tackle corruption in the
judiciary.
As
the government yesterday defended the arrest of some judges at the weekend, it
disclosed that it would arraign the affected judicial officers in court this
week.
Besides,
in a statement by Senior Special Assistant on Media and Publicity, Garba Shehu
last night, the Presidency insisted that President Mohammadu Buhari still
reserves his highest respect for the institution of the judiciary as the third
arm of government, and will not do anything to undermine its independence.
Meanwhile,
crisis is brewing between workers in the judiciary and the government over the
arrest of the judges. The Judiciary Staff Union of Nigeria (JUSUN) has summoned
its National Executive Council (NEC) to an emergency meeting to decide on its
next line of action on the matter.
Speaking
with some journalists in his country home at Ugep, Cross River State at the
weekend, the Special Assistant to the President on Prosecution, Mr. Okoi Obono
Obla said the arrest was constitutional and that the DSS acted within the ambit
of the law. He described the action as an unprecedented achievement of
government in the anti-corruption fight. According to him, more of such actions
will take place to ensure that corruption is checked in the country.
Obla
stated: “The problem with us is that when the big man is arrested it becomes a
problem or an issue because he can use money to stall many things. The Nigerian
big man wants us to have two standards of justice; one for the big man and
another for the poor man, and we say no to that. The big man should not do
anything and get away with it in this country. The poor people are being
arrested every day and nobody talks about them.
“Everybody
should be subjected before the law. If the president does not have immunity, he
can be arrested. The Senate president was arraigned and put on trial, so what
is wrong with arresting Supreme Court justices?
“They
will be arraigned before the court. The DSS carried out their operations
constitutionally with a bench warrant and are free to do their work at any time
of the day.
The
Nigerian big men must change their mentality and subject themselves before the
law.
“It
is unprecedented in Africa for senior judges to be arrested for corruption and
you say we are not fighting corruption? Judges are partly responsible, the
corrupt lawyers are partly responsible.”
It
was learnt yesterday that one or two Supreme Court justices and six other
judges across the country may soon be taken to interrogation centres to answer
questions on their financial integrity.
These
are apart from the two Supreme Court justices still in detention and five other
judges already facing interrogators at the Yellow House, the headquarters of
the security services in Abuja.
Justice
Adeniyi Ademola was among the judges who were reportedly harassed by the DSS
last Saturday, and he is currently being held at the DSS headquarters in Abuja.
Other
judges reported to have been held by the DSS include Justice Nnamdi Dimgba,
also of the Federal High Court, and Justice Sylvester Ngwuta of the Supreme
Court.
Also,
banks which have come under the investigation radar of the secret police will
soon feel the heat.
The
JUSUN described the action of the government as uncivilized, calling for
unconditional release of the judges.
The
Guardian learnt that the union will unveil its next line of action after the
meeting billed to hold tomorrow if its demand is not met.
National
President of JUSUN, Marwan Adamu, in a statement by the National Public
Relations Officer, Koin Selepreye, said though the union was in support of the
anti-corruption war of the President Muhammadu Buhari’s administration, the
rule of law must be respected.
The
judiciary workers lamented what they described as the Gestapo style of the DSS
on the matter, pointing out that the secret police should have forwarded the
names of the alleged corrupt officers to the National Judicial Council (NJC)
which is the statutory body that punishes or dismisses any erring judicial
officer.
But
24 hours after the Nigerian Bar Association (NBA) demanded the immediate
release of the judges, it appeared the government would not budge.
The
NBA, through its President Mr. Abubakar Mahmoud (SAN) had set up a crisis
management team comprising the association’s past presidents and general
secretaries to investigate the situation.
As at yesterday, a member of the committee, Dr. Olisa Agbakoba (SAN) said they would meet with the Chief Justice of Nigeria (CJN), Justice Mohammed Mahmud today.
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