The arrest of some superior court judges by the Department of State Services (DSS) over sundry corruption allegations is attracting more condemnation than plaudits in the polity.
The judges, who were later released on bail, include Justices Sylvester Ngwuta and Inyang Okoro of the Supreme Court; the suspended Justice of the Court of Appeal, Ilorin Division, Mohammed Tsamiya and Justice Kabiru Auta of the Kano State High Court.
Others are Justice Adeniyi Ademola of the Federal High Court, Abuja, former Chief Judge of Enugu State, Justice I.A. Umezulike and Muazu Pindigi of the Federal High Court, Gombe Division. The DSS claimed that it recovered huge sums of money in local and foreign currencies from the judges.
Many notable Nigerians have taken strong exception to the midnight invasion of judges’ residences by hooded, gun-wielding DSS operatives in a raid which smacks of military dictatorship and authoritarianism. They also decried the seeming intimidation of the judicial officers. This ought not to happen in a democracy.
Both the Nigerian Bar Association (NBA) and the National Judicial Council (NJC) have condemned the action of the DSS. In the same vein, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, described the unfortunate incident as regrettable and distressing. Former Head of State, Gen. Yakubu Gowon (rtd), also deplored the action. The Senate and the House of Representatives have equally condemned the timing and brazenness of the arrests.
But, the Federal Government has described the arrests as a “sting operation” by the DSS that is targeted at corruption and not the judiciary. The Minister of Information and Culture, Lai Mohammed, said that the ongoing war against corruption is targeted at no one and should continue no matter whose ox is gored. The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), also justified the government’s action.
While we support government’s anti-corruption war, we frown at the way the arrest of the judges was carried out by the DSS. The midnight raid on the residences of the judges was ill-thought out, ill-advised, wrongly executed, unconstitutional and capable of endangering our democracy. The judges should have been treated in a more civil manner. The crudity of the operation was intimidating and unbecoming of a government that prides itself on respect for the rule of law.
No doubt, corruption is pervasive in the country. There is every need to wage a relentless war against it, but this must be done within the ambit of the law. Although the laws guiding the arrest of suspects do not place restrictions on the time of the day that they can be apprehended, and judges, generally, do not have immunity from arrest and prosecution for wrongdoing, their office ought to be treated at all times with respect and dignity by state authorities.
Agreed that nobody is above the law, including the judges, the officers of the nation’s temple of justice must not be intimidated under any guise. The judiciary, as the last hope of the common man, must not be ridiculed. The independence of the judiciary as an arm of government should not be trampled upon under the cover of fighting corruption.
The DSS should not usurp the functions of the NJC in disciplining erring judges in the country. Recently, the council sanctioned three judges, who were among those arrested. Item 21 (b) of Third Schedule to the 1999 Constitution (as amended) clearly states that: “The National Judicial Council shall have power to recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph, and to exercise disciplinary control over such officers.” It does not charge the DSS with the responsibility of bringing them to justice.
It is not enough for the government to arrest judges or any other citizens on account of their opulent lifestyles. It must come out with specific unassailable facts of their malfeasance and charge them to court accordingly. The allegation that some of the arrested judges gave conflicting judgments is worrisome. The government’s threat to further clamp down on the judges handling election tribunal matters also sends a wrong signal.
The authorities should not arrest anybody for a probable cause, but only when it has convincing evidence that it can use to bring them to trial and secure a conviction. The government should not do anything to suggest that it is taking the country back to the era of dictatorship. Nigerians will resist any move to draw the nation back to the dark days of military rule through unconscionable military tactics.
However, this is not to suggest that judges cannot be prosecuted if they engage in criminality. If a judge commits a crime, he should be invited by the appropriate agencies and charged to court. Launching an attack on his residence in the middle of the night is not proper. The manner of his arrest, like that of all other citizens, should be decent. Everybody is deemed innocent until the contrary is proved. If the government has charges against the judges, let the appropriate agencies take them up in line with the law and the due process of the law.