TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

The arrest of judges – Tribune

The Citizen by The Citizen
October 17 2016
in Public Affairs
A A
0

Apall of darkness fell upon the third arm of government recently when the Department of State Service (DSS) in a Gestapo-like fashion, invaded the homes of some senior judicial officers and arrested them. This unprecedented action by an agency in the executive branch of government was carried out in the wee hours of October 8, 2016, a Saturday. In two or three instances, doors were broken and door frames uprooted in order for the DSS to gain entry. The  mission of the DSS was to get the judicial officers to respond to the allegations of bribery and corruption levelled against them.

The cloud has yet to recede as the controversy around the desecration of the judiciary rages on. Although opinions on the propriety or otherwise of the conduct of the DSS are divergent, the preponderance of condemnation of the DSS’ action by many well informed Nigerians and the critical stakeholders in the legal profession offers a glimmer of hope that all sense of decorum and decency may not have been lost in the course of the nation’s relentless war against corruption. To be sure, corruption exists in the judiciary just like in many other institutions in the country and there is no doubt about a national consensus on anti-corruption. But the arrest of the judges by the DSS is rather unique.

The statutory agencies ordinarily charged with the responsibility of fighting corruption in the land are the Economic and Financial Crime Commission (EFCC), the Independent Corrupt Practices Commission (ICPC) and the Police. The mandate of the State Security Service (SSS) also known as DSS is lucid and unambiguous; it is within the precinct of internal security and of course includes investigation of financial crimes that threaten internal security. However, whether the alleged taking of bribes by the judges can be said to threaten the internal security of Nigeria is a question for the courts to decide. Even then, the executive branch would not have been in order if it had allowed the Police, EFCC or ICPC to handle the investigation of the judicial officers.

The issue is a constitutional one which is already settled. The constitution, which takes precedence over any other statutes in the land, is very clear about the role of the National Judicial Council (NJC) in the appointment, promotion and discipline of aberrant judges. In other words, the NJC should have been allowed to investigate and mete out administrative sanctions to those who are found guilty while the Police, EFCC or ICPC can subsequently proceed with the prosecution of the criminal aspects of the alleged infractions.

For criminal matters such as bribery and corruption, the NJC is by no means the terminus for the aggrieved party, state or individual to seek redress. Thus, the idea of the NJC treating the judges with kid gloves should not arise. The import of strict adherence to procedure should be understood against the backdrop that it is much easier to arrest, detain and charge a retired or dismissed judge to court than to do same to a serving one without creating a dilemma.

For instance, all the judges indicted by the DSS are still eligible to sit in their courts to dispense justice because they are yet to be dismissed or retired by the NJC. But who would have confidence in judges that are being treated like common criminals? Assuming but not conceding that the NJC has not acquitted itself creditably, this cannot justify the DSS’s move. The NJC is a creation of the constitution: if it is not living up to its billing, it should be called to order or the constitution could be amended to strip it of its mandate. And until that is done, any measure taken by the state to obviate the NJC’s seeming tardiness in disciplining corrupt judges is tantamount to self-help.

The real issue is not whether a security agent or persons effecting arrest can force, if the need arises, to arrest a suspect. The Administration of Criminal Justice Act (ACJA S.12 (2)) permits it. Similarly S.148 of the same ACJA provides that a search warrant may be issued and executed at any time or any day including

a Sunday and holiday but the 1999 Constitution of Nigeria (as amended) which is superior to ACJA unequivocally provides for the respect for the dignity of human person which is clearly at variance public with the raid of the homes of the judges in the wee hours and their inadvertent subjection to public odium by the DSS.

The drafters of the ACJA envisage that implementers would fully comprehend the spirit of the Act and not just the letter. For instance, in this era of pervasive insecurity occasioned by the activities of armed robbers and kidnappers among others, what the crude use of force by the DSS did to the emotion and psyche of the judges and in particular members of their family could only be imagined. Perhaps it should be reiterated that if the rule of law is abbreviated in the course of correcting an infraction, that action in itself is worse than the infraction being corrected because of its far reaching implications. The arrest of the judges in ungodly hours and the dramatization of the arrest and the alleged cash recovered from their homes in the media by the DSS before their side of the story could be heard cannot be justified .

We urge the executive branch of government to discretely prosecute the war against corruption within the ambit of the law and devoid of political undertones. In the same vein, the judiciary owes the nation a bounden duty to purge itself of elements that dent its image through acts of corruption.

Previous Post

PDP commends Ugwuanyi for flagging off 35 projects across Enugu State

Next Post

Return of history to the classroom – Punch

Related Posts

Stop recruiting youths for election violence – Punch
Public Affairs

Stop recruiting youths for election violence – Punch

August 12 2026
‘Fake’ Agency: Adeyemi insists DG appointment genuine
Public Affairs

Country of ghost workers, ghost MDAs – Punch

August 11 2026
FG embarks on expansion, decongestion of custodial centres
Public Affairs

Prison reform can’t wait any longer – Punch

August 9 2026
Osun’s toxic election buildup – Punch
Public Affairs

Osun’s toxic election buildup – Punch

August 7 2026
We need strong civil aviation authority – Punch
Public Affairs

We need strong civil aviation authority – Punch

August 6 2026
Nigeria must stop misplaced budgetary allocations – Punch
Public Affairs

Nigeria must stop misplaced budgetary allocations – Punch

August 5 2026
Next Post

Return of history to the classroom - Punch

Sultan and Fulani herdsmen – New Telegraph

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

by The Editor
August 12 2026
0

...

Federal High Court relocates Lagos division to new complex

Federal High Court relocates Lagos division to new complex

by The Editor
August 6 2026
0

...

Kano Assembly suspends three LG chairmen for alleged misconduct

Kano Assembly suspends three LG chairmen for alleged misconduct

by The Editor
August 4 2026
0

...

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

by The Editor
July 29 2026
0

...

APPOINTMENTS

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

Katsina governor swears in four permanent secretaries

Katsina governor swears in four permanent secretaries

by The Editor
August 6 2026
0

...

Rivers State not for political war, says Fubara

Gov. Fubara swears in 12 perm secs, urges commitment

by The Editor
July 31 2026
0

...

Tinubu appoints new special adviser on House of Reps matters

Tinubu appoints new special adviser on House of Reps matters

by The Editor
July 27 2026
0

...

ODDITIES

Celestial Church begins probe into Temitope Osoba’s death

Celestial Church begins probe into Temitope Osoba’s death

by The Editor
August 13 2026
0

Indimi joins appeal against $43.5m judgement award to daughters

Indimi joins appeal against $43.5m judgement award to daughters

by The Editor
August 6 2026
0

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

by The Editor
July 23 2026
0

GLOBAL NEWS

WHO sounds alarm on ebola outbreak

by The Editor
August 13 2026
0

...

Rescuers scramble for survivors with 180 dead in Colombia earthquake

Rescuers scramble for survivors with 180 dead in Colombia earthquake

by The Editor
August 12 2026
0

...

Trump hides in catering truck to evade alleged Iran threat

Trump hides in catering truck to evade alleged Iran threat

by The Editor
August 11 2026
0

...

EU denies pulling out of Nigeria’s 2027 election observation

EU denies pulling out of Nigeria’s 2027 election observation

by The Editor
August 10 2026
0

...

Queen Elizabeth dies at 96, Charles becomes King

UK radio broke rules in announcing king’s death — Official

by The Editor
August 10 2026
0

...

State of the States

Lagos leads January 2026 FAAC allocations with N55.83bn

Sanwo-Olu inducts 1,000 as Lagos internship beneficiaries hit 8,000

by The Editor
August 13 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke declares Friday work-free day for Osun workers

by The Editor
August 12 2026
0

...

Why Kano govt spent N1.5bn on mass wedding – Gov. Yusuf

Why Kano govt spent N1.5bn on mass wedding – Gov. Yusuf

by The Editor
August 10 2026
0

...

Kebbi governor convenes emergency security meeting

Kebbi governor convenes emergency security meeting

by The Editor
August 6 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Time to clampdown on sexual offenders – The Guardian

Edo records over 70 minors’ defilement cases in seven months

August 13 2026
Nigerian airlines to commence direct flights to UAE

NCAA to sanction airlines preventing workers’ union

August 13 2026
Osimhen ends transfer saga with Galatasaray loan move

Arsenal open Osimhen talks with Galatasaray

August 13 2026
Seyi Makinde picks former DSS DG as APM presidential running mate

Seyi Makinde picks former DSS DG as APM presidential running mate

August 13 2026

EDITORIAL REVIEW

Stop recruiting youths for election violence – Punch

Stop recruiting youths for election violence – Punch

by The Editor
August 12 2026
0

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Country of ghost workers, ghost MDAs – Punch

by The Editor
August 11 2026
0

FG embarks on expansion, decongestion of custodial centres

Prison reform can’t wait any longer – Punch

by The Editor
August 9 2026
0

Osun’s toxic election buildup – Punch

Osun’s toxic election buildup – Punch

by The Editor
August 7 2026
0

We need strong civil aviation authority – Punch

We need strong civil aviation authority – Punch

by The Editor
August 6 2026
0

Opinion

Airtime credit dispute and need for clarity

Airtime credit dispute and need for clarity

by The Editor
August 5 2026
0

...

Tinubu swears in four Permanent Secretaries, INEC commissioner

Tinubu: The Audacity to Hope – Three years after

by The Editor
July 31 2026
0

...

Remi Tinubu under fire over akara, roasted corn remarks

Beyond ‘akara’ leadership

by The Editor
July 6 2026
0

...

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.