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

Tele-robotic surgery: Nigeria needs more medical feats – Punch
Public Affairs

Tele-robotic surgery: Nigeria needs more medical feats – Punch

September 25 2026
2027: Voter registration figures must mirror turnout – Punch
Public Affairs

2027: Voter registration figures must mirror turnout – Punch

September 17 2026
EFCC recoveries: The good, the bad and the ugly – Punch
Public Affairs

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
Football’s house of failure – Punch
Public Affairs

Football’s house of failure – Punch

September 8 2026
FAAC shares N2.09tr to FG, states, local councils as October revenue
Public Affairs

FAAC bonanza: Nigeria’s fiscal paradox – Punch

September 3 2026
Interstate highways of agony, hollow excuses – Punch
Public Affairs

Interstate highways of agony, hollow excuses – Punch

September 1 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

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

GLOBAL NEWS

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

by The Editor
September 18 2026
0

...

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

by The Editor
September 17 2026
0

...

Canada flags Nigeria, 16 African countries as high-risk in new travel advisory

Canada raises study permit, visitor visa processing times for Nigerians

by The Editor
September 17 2026
0

...

State of the States

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest

Nigeria advances research sovereignty as Health Ministry, NHIA, partners convene inaugural Health Financing Forum

September 28 2026
Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

September 25 2026
Nigeria, U.S. sign framework for $700 billion mineral investment

Nigeria, U.S. sign framework for $700 billion mineral investment

September 25 2026
Court nullifies Pantami as Gombe PDP guber candidate

Court nullifies Pantami as Gombe PDP guber candidate

September 25 2026

EDITORIAL REVIEW

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 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.