In a commando–style operation, some masked and heavily armed operatives of the Department of State Services (DSS) on October 7 and 8, 2016 invaded and raided the homes of some superior court judges in some parts of the country. The midnight exercise described by the DSS as ‘sting operation’ is reminiscent of the old days of military dictatorship and authoritarianism in the country.
In the Gestapo–manner exercise, the homes of Supreme Court justices were raided in Abuja, Gombe and Kano. Some of the arrested judges include Justices Sylvester Ngwuta and Inyang Okoro, both of the Supreme Court, the suspended Justice of the Court of Appeal, Ilorin Division, Mohammed Tsamiya, Kabiru Auta of the Kano State High Court, Ademola Adeniyi of the Federal High Court, Abuja.
The rest are former Chief Judge of Enugu State, Justice I.A. Umezulike and Muazu Pindigi of the Federal High Court, Gombe Division. However, the judges were detained and later released on bail. According to reports, the DSS operatives they broke into the judges’ homes and carted away cash in both local and foreign currencies.
But in Port Harcourt, Rivers State capital, Governor Nyesom Wike intervened and stopped the operation at the risk of being almost shot. His media aide, Simeon Nwakudu, said that the governor, who was wounded in the operation, was almost shot by gun-wielding overzealous DSS operative.
As the chief security officer of his state, Wike could not understand why operatives of the DSS can invade the home of a judge in the night and abduct him. His brave intervention saved the situation in Port Harcourt from being bloody. Rivers State Commissioner for Information and Communication, Dr. Austin Tam-George, said that “Governor Wike’s courageous insistence on the Supremacy of the law even as he was physically assaulted by men of the DSS, is his finest service to Nigeria.”
He concludes that “the governor’s historic intervention reminds us of the sacrifice every Nigerian must now be prepared to make, as we challenge the tyranny and anarchy that loom over our nation.” Earlier, Governor Wike had accused the DSS of “deliberate misinformation and concocted stories” to justify its “unconstitutional” assault on the nation’s judiciary.” He also explained that the service lacked the constitutional powers to be involved in the legal process to discipline a serving judicial official and stressed that a legal process must be followed. Therefore, Wike’s  intervention is right and just.
Despite the wide condemnations that trailed the clampdown on the judiciary, the DSS is threatening to arrest some judges that handled election petition matters. Why judges that handle election matters? Is this another method to cow the judges and make them deliver judgements favourable to APC government? If this is not interference in the judiciary, what is it?  The sting operation has been generally condemned by all well–meaning Nigerians. They see it as brazen dictatorship and a flagrant abuse of due process and the rule of law. Both the Nigerian Bar Association (NBA) and the National Judicial Council (NJC), a body that is in charge of disciplining erring judges, have strongly condemned the ill-thought out operation. The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed described the action of the DSS as “saddening, regrettable and distressing.”
The National Assembly has summoned the DSS to explain on whose orders or mandate it carried out the operation that has generated ripples in the polity. This is the first time in remembered memory that such brutal and vicious assault would be carried out against superior court judges in the country.
While most Nigerians condemned the clampdown on the judiciary, a presidential spokesman, Garba Shehu, said the exercise is targeted at corruption and not the judiciary as an institution. Government explanation is defensive and does not address the harm already done to the judiciary by that poorly handled operation that gave this administration the image of a dictator.
It does not also address the fear in the polity that with this style of sting operation, anybody can be a victim, including members of the opposition and sworn and imagined enemies of the administration. Since that incident, the rating of this administration has hit a very low point in the eyes of Nigerians and foreigners. Its anti-corruption war has suffered credibility problem.
If the government feels that this siege is not targeted at the judiciary and certain judges, let it be carried out in other sectors in the country as well because corruption is now in every sector in the country. Let it be extended to the military, police, customs, immigration prisons, legislature, ministries, agencies and others.
Assuming that the government’s real intention is to fight corruption in the judiciary, this is not the right way to go about it. For God’s sake, we are in a democratic setting and Nigeria is not a banana republic where anything goes. We indeed have civilized culture of doing things. We have laws in the land on how to fight corruption and fortunately we have numerous anti-corruption agencies but the DSS is indeed not one of them.
We have the Police, the EFCC and the ICPC to fight corruption in the land in all its manifestations. For the judiciary, we have in place the NJC. Recently, the council has wielded the big stick against three erring judges in the country and we clapped for it and urged it to do more to rid the judiciary of bad eggs.
The affected judges should not have been subjected to criminal treatment. Their matter should have been referred to the NJC, the only sanctioning authority for erring judicial officers. The Federal Government overreacted in this particular instance. Those clapping and dancing on this clampdown on selected judges should do a rethink and condemn it so that when they come to them, they will have somebody to speak on their behalf.
We shall call a spade a spade. We shall say the truth no matter whose ox is gored. The fight against corruption must be rule-governed. It must be guided by the rule of law and due process. It should not be done at the whims and caprices of any overzealous agency trying to impress those in power. It should not be selective or political.
President Muhammadu Buhari said that much during his 56th independence anniversary broadcast. The ongoing siege on the judiciary contradicts Buhari’s stand on the matter. At 56,  Nigerians should do things the right way. In all matters, the rule of law must prevail. And if the government is not happy with any court decision, it can appeal. Stinging the judges is wrong headed.

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