Monday 10 October 2016

Who blinks first, as Buhari draws the battle line for focusing his witch-hunt torchlight to the judiciary against judges that did not favour him

Buhari arrests judges

Nigerians from all sectors and regions have continue to react to weekend arrest of some prominent judges at the wee hours of the night in their various homes by men of the State Security Service (SSS).

Though majority of the reactions out rightly condemned the manner in which the arrests were made, but on the other hand, Femi Falana, who had always been on the right side of President Buhari expressed a contrary opinion and apportioned blame on the judiciary for failing to deal with the issue of corruption in their midst.

Mr. Falana also used the opportunity to call for the immediate release of the judges, and said if they must be prosecuted for any offence, let it be done through the Attorney General of the Federation.

 “As the detained judges are presumed innocent until the contrary is proved by the state, they should be admitted to bail in self recognizance. At the same time, the office of the Attorney-General of the Federation should ensure that the suspects are arraigned in court without any further delay.

“However, 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 N197 million from a litigant, the authorities had paid lip service to the menace of judicial corruption in the country.

“About two years ago, an anti-graft agency found N2 billion in the account of a high court judge. As soon as the judge was invited for questioning, she reported and made a statement and was granted bail. But as she could not defend the lodgement in her bank account, she obtained an interlocutory injunction from one of the judges in the custody of the SSS.

“It is common knowledge that two Senior Advocates of Nigeria are standing trial in the Lagos high court for allegedly bribing a judge. Even though it takes two to tango, the judge has not been charged to court for allegedly receiving bribe,” said Mr. Falana.

Contrary to the likes of Falana, another Senior Advocate and human rights activists, Mike Ozekhome expressed worries that the purported attack on the judges by the executive arm of government is very dangerous to the principles of democracy.

He further stated the Buhari’s government had long began this act of intimidation and indiscriminate arrest prior to this very attack on the judges, simply because Nigerians had always kept quiet, thus giving him the impetus to keep abuse his office to intimidate perceived enemies who do not play to his whims and caprices, which poses great danger to democratic foundations.

 “It started with political opponents and opposition. Some of us cried out. Many gloated with éclat and a sense of victory at opponents’ horrific travails. Then, they moved against some very senior and well respected lawyers being rubbished. Some clapped. They said it was anti-corruption. We cried out. It extended quickly to the National Assembly, another different arm of government. Many hailed the Government as tough, no-nonsense and anti-corruption- inclined. Some of us warned.

“Now, the Judiciary, up to the very apex court of the land, the Supreme Court, has been targeted and is now being intimidated, humiliated and annexed,” he said.

He further made a strong warning that if this abuse of power by the executive arm is not checked, the media would be the next prey.

Similarly, a U.S. based legal practitioner, Emmanuel Ogebe, said that the activities of the SSS can be simply be termed as the President Buhari’s dictatorial style of governance. As he described the unlawful attack on the judiciary as the worst in the history of Nigerian.

“Here is why the president goofed. In furtherance of the doctrine of separation of powers, the National Judicial Council is the body primarily charged with the discipline and appointment of judges involving violations of the Code of Conduct of judges in S.292(1) of the Constitution. This peer review ombudsman agency serves as a bulwark to arbitrary and vindictive attacks on judges from the executive or legislative by conducting internal self-cleansing.

“Indeed just the day before the raid on the judges, NJC had listed almost 70 judges upon whom disciplinary action had been taken in a 5 year period. At 5% of the approximate 1042 judges, this is more than the number of governors, ministers or legislators ever sanctioned for misconduct in the past 16 years of democracy combined,” said Mr. Ogebe.

He outlined some examples of alleged dictatorship by past regime, adding that Mr. Buhari’s “style of dictatorship has always been worse” than that of other dictators in Nigeria.

“Firstly, not even in the dark days of the brutal dictator General Abacha, the butcher of Abuja, did anything of this sort happen. Abacha’s highest action against the judiciary when they granted his political rival for the presidency, MKO Abiola bail, was to appeal the decision and refuse to appoint new judges to hear the case.
“Similarly even President Obasanjo, also a former military dictator, only used a similar mechanism under the constitution by declining to forward names of certain judges recommended by the NJC to the Senate for confirmation. Obasanjo ultimately appointed judges to the bench.

“However Buhari’s current government’s action is worse compared to his prior record as a military dictator in the 80s. Buhari then retired many judges whom he felt did not give judgments against the ruling party. Furthermore he created special tribunals and rewarded judges who agreed to serve on these tribunals with promotions over and above those who didn’t,” Mr. Ogebe said.

Similarly, report has it that the National Youth Council of Nigeria have condemned the attack and vowed to organise a nation-wide protest to register its concern.

In an announcement made by the Council’s President, Ikenga Ugochinyere, the council labelled the attack as disgraceful and totally undemocratic.
“We totally condemn the arrests of these jurists as their arrests could have been done in civilized ways. Who says it is only under the cover of darkness that they can be arrested? Was the onslaught by that time of the night for an opportunity to do anything the Service will not want Nigerians to know about? Was it necessary to pull down the doors of the houses of non-violent judges to execute an arrest warrant?

“While we note that no one is above the law and that security agencies can arrest anyone who commits a crime, we wonder how such highly placed citizens who were not known to be violent could be arrested with a combined team of SSS and Police and in such a Gestapo style.”

The council called for the release of the judges with immediate effect and called for an end to all forms of attack and intimidations on judges in Nigerians.

The Council pleaded with the Nigerian Bar Association to order boycott of all courts of law for the next 48 hours as a demonstration of its dissatisfaction of the action of the SSS.

The council further said it will organise protests across the nation, where the NBA fails to exercise a show of dissatisfaction.

The Socio-Economic Rights and Accountability Project, SERAP, also expressed shock and tasked President Buhari to order the immediate release of judges arrested by the office the State Security Service or face world-wide legal action against him.

The letter was dated, 9 October where SERAP asked the president to order the release of the judges and an end to what it called the undue intimidation of the Judiciary and Nigerians in general by the SSS.


“If following the receipt and/or publication of this letter, your government fails or refuses to immediately and unconditionally release the judges as requested, SERAP would promptly consider appropriate legal options nationally and internationally to ensure the full and effective implementation of our requests,” it said.

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