Columnists

THE NIGERIAN JUDICIAL CRACKDOWN AND THE FALLOUT!

alltimepost.com

The position of the Nigerian Bar Association (NBA), body of ex- presidents of the NBA, out-going Chief Justice of Nigeria, and the opposition Peoples Democratic Party (PDP), etc., calling for a state of emergency in the judicial sector in Nigeria is understandable. But who is saying that if some judges are found to have rubbished their sacred and revered wigs in the gutter of corruption, thereby making the judiciary a cash and carry affair that we all should watch and continue to clap for them? Certainly, the judges do not have immunity from corrupt practices; they can be arrested anytime and anywhere provided a warrant of arrest or to search their residences is provided, just like any other citizens of Nigeria.

 

By Igbotako Nowinta

The recent invasion of the residences, arrest and detention of some high profile judges of the Federal Republic of Nigeria by men of the Department of State Services (DSS) appeared quite unusual and unprecedented, but was anticipated.

The midnight operation masterminded by the secret police under the leadership of Lawal Daura, who has left no one in doubt about his fanatical quest to do the bidding of President Muhammadu Buhari, since he took over as the head of the dreaded security agency, surprised many people.

But those who have been watching the activities of the DSS and those of the Economic and Financial Crimes Commission (EFCC) closely since President Buhari assumed office would agree that the present masters in Aso Rock are ready to incur the wrath of the electorate in the name of fighting corruption.

The recent onslaught against the judges allegedly involved in one form of corrupt practices and the other was anticipated because.

For the first time ever we now have a government that has touched what some people hitherto called the untouchable public officers, invading and freezing their bank accounts and exposing their alleged stolen money from the commonwealth of Nigeria.

The controversial Arms Deal scandal is a perfect case; even a former First Lady, Dame Patience Jonathan is being investigated for alleged stolen public funds; some sitting governors’ private accounts have been frozen.

The talk is going round in upper places that some ex-governors and former governors of the Central Bank of Nigeria (CBN) will soon have a feel of the probing cane of the EFCC and that of the DSS.

Though, the arrested judges have been released, to face trial in court, the Federal government has made it clear that more judges would be made to face the music of investigation.

Now, are the judges special species in the Nigerian political firmament to be left alone even if some members of the bench and bar are allegedly desecrating the sacred stool of the judiciary?

Is the DSS right in invading private homes or residences of the judges the way they have done so far, giving the reality obtainable in the Nigerian context? Would the DSS have succeeded if they had adopted, may be a more civilized approach?

What is the place of fundamental human rights in a terrible situation where corruption has torn and turned Nigerian into dirty rags of economic recession with millions of innocent hard working citizens feeding more or less like abandoned dogs, panting for survival in an oil producing nation?

In an ideal scenario, the DSS would have invited the judges in question to their office in Abuja, but such invitation might have enabled the judges to further perfect how to hide the loot they allegedly acquired in the process of dispensation of justice.

We have had cases of plea bargain and what have you which have enabled some high profile criminals in Nigeria to talk their way out of certain imprisonment, and they are now walking free because the system gave them all the time in the world to hide their ill-gotten money.

Now, Adeniyi Ademola was the judge that handled the case of the ex-National Security Adviser, Col. Sambo Dasuki, who was alleged to have graciously shared the billions of dollars, budgeted to purchase arms to fight Boko Haram terrorists.

Why did the DSS pick him up if they have nothing against him and others like Nnamdi Dimgba (who has been criticizing the Federal government bitterly over Dasuki’s case)?

Sylvester Ngwuta, John Okoro and others now have all the time in the world to prove their innocence regarding black market judgements.

The position of the Nigerian Bar Association (NBA), body of ex- presidents of the NBA, out-going Chief Justice of Nigeria, and the opposition Peoples Democratic Party (PDP), etc., calling for a state of emergency in the judicial sector in Nigeria is understandable.

But who is saying that if some judges are found to have rubbished their sacred and revered wigs in the gutter of corruption, thereby making the judiciary a cash and carry affair that we all should watch and continue to clap for them?

Certainly, the judges do not have immunity from corrupt practices; they can be arrested anytime and anywhere provided a warrant of arrest or to search their residences is provided, just like any other citizens of Nigeria.

Corruption has indeed brought Nigeria to its knees in all ramifications and things can never continue as usual. But, is the Buhari regime sincere in this current war, do we have a level playing field for fighting corruption, what is President Buhari doing with alleged bandits sitting around his table?

Well-meaning Nigerians and the international community must prevail on President Buhari to do a transparent job in his determination to sanitize the country via combating the menace of corruption.

Corrupt judges must be exposed, as well as all those that have drained the commonwealth of Nigeria into their private pockets, in one way or other.

The Federal Bureau of Investigation (FBI) on January 31, 2013, arrested some judges in United States; another arrest took place on May 30, 2014; November 4, 2015. Those cases are currently going on.

In Ghana, some judges were captured on video asking for bribes and they have been tried and thrown out of the system, and no state of emergency was declared in that country.

The present members of National Judicial Commission (NJC) have been accused of high wire fraudulent activities; even the present out-going Chief Justice of Nigeria, Muhamadu Mustapha, had allegedly served the military establishment to the tilt before.

The NJC recently had a stormy emergency meeting, where Walter Onogen from Cross-River State was picked as the Chief Justice of Nigeria designate subject to the approval by President Muhammadu Buhari.

It has been rumored correctly that the Presidency is not interested in Walter Onogen, the most senior Judge presently; that he is allegedly a ‘PDP‘man, who will never fit in properly in the Presidency’s plan to fight corruption within the judiciary.

One thing is very clear, most judges in Nigeria are neck deep in corruption; most of them are multi-billionaires, especially those that have handled election petition cases.

If what we are hearing is absolutely true that the DSS has recovered mouth- watering cash from their recent Rambo-style operation against the judges, that billions of naira have been traced to their personal accounts, then the judiciary needs serious systemic purging and frontal surgery,

Therefore, the recent crack-down on some judges in Nigeria is long overdue, but both the DSS and the EFCC must try to go after the suspects within the ambit of the law.

The fundamental human rights of all citizens, regardless of their status in the society must be respected, as guaranteed by the Nigerian constitution.

The security agencies must not take the laws into their hands by violating the people’s rights with impunity all in the name of fighting corruption; otherwise this administration will lose the purpose of its existence in a democratic setting.

Nowinta wrote, where we are: A call for democratic revolution in Nigeria.