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

Constitution Review: NASS targets Dec 25 for 1st alterations
Public Affairs

NASS jumbo pay under scrutiny, again – Punch

June 19 2026
Waste crisis in states – Punch
Public Affairs

Waste crisis in states – Punch

June 17 2026
Party primaries of discontent – Punch
Public Affairs

Party primaries of discontent – Punch

June 15 2026
The reign of kidnappers – Thisday
Public Affairs

The reign of kidnappers – Thisday

June 11 2026
Foreigners looting national assets intolerable – Punch
Public Affairs

Foreigners looting national assets intolerable – Punch

June 10 2026
Public Affairs

Violence deepens, Tinubu must act – Punch

June 9 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

Bauchi Electoral Commission fixes August 17 for LG election

Bauchi Electoral Commission fixes August 17 for LG election

by The Editor
June 19 2026
0

...

Court grants indigenous status to Hausas born in Jos North

Court grants indigenous status to Hausas born in Jos North

by The Editor
June 11 2026
0

...

42-year-old Sheikh Dasuki emerges Chief Imam of Ilorin

42-year-old Sheikh Dasuki emerges Chief Imam of Ilorin

by The Editor
June 11 2026
0

...

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

by The Editor
June 4 2026
0

...

APPOINTMENTS

UK Prime Minister picks ex-army officer Dan Jarvis as new defence ministe

UK Prime Minister picks ex-army officer Dan Jarvis as new defence ministe

by The Editor
June 11 2026
0

...

NCC appoints Princess Oforitsenere Emiko as interim Chairman of the Digital Bridge Institute Governing Board

NCC appoints Princess Oforitsenere Emiko as interim Chairman of the Digital Bridge Institute Governing Board

by The Editor
June 9 2026
0

...

Pres. Tinubu swears in two new ministers

Pres. Tinubu swears in two new ministers

by The Editor
June 8 2026
0

...

Tinubu appoints Zainab Marwa into NDDC Board

Tinubu appoints Zainab Marwa into NDDC Board

by The Editor
June 4 2026
0

...

ODDITIES

Auto Draft

Bandits kill Katsina businessman after N5m ransom payment

by The Editor
June 17 2026
0

Air Force officers beat Lagos driver to death after minor crash

Air Force officers beat Lagos driver to death after minor crash

by The Editor
June 16 2026
0

Judgement on filming police deepens freedoms – Punch

Police arrest pregnant woman for supplying logistics to Abuja kidnappers

by The Editor
June 15 2026
0

GLOBAL NEWS

Israel, Hezbollah agree to ceasefire

Israel, Hezbollah agree to ceasefire

by The Editor
June 19 2026
0

...

US bids goodbye to Air Force One as Trump’s Qatari jet awaits takeoff

US bids goodbye to Air Force One as Trump’s Qatari jet awaits takeoff

by The Editor
June 19 2026
0

...

Fear heightens as deadline for migrants to leave South Africa looms

Fear heightens as deadline for migrants to leave South Africa looms

by The Editor
June 17 2026
0

...

Somaliland opens Jerusalem embassy after Israel’s recognition of independence

Somaliland opens Jerusalem embassy after Israel’s recognition of independence

by The Editor
June 17 2026
0

...

UK bans U-16s from social media

UK bans U-16s from social media

by The Editor
June 15 2026
0

...

State of the States

Ekiti election: Police restrict movement on Saturday, exempt exam candidates

Ekiti election: Police restrict movement on Saturday, exempt exam candidates

by The Editor
June 19 2026
0

...

Lagos shuts Iddo Bridge for repairs

Lagos shuts Iddo Bridge for repairs

by The Editor
June 17 2026
0

...

Kano closes schools for Eid-el-Kabir

Islamic New Year: Kano declares Tuesday public holiday

by The Editor
June 15 2026
0

...

Kinsmen honour Gov. Mbah at grand reception

Kinsmen honour Gov. Mbah at grand reception

by The Editor
June 15 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Israel, Hezbollah agree to ceasefire

Israel, Hezbollah agree to ceasefire

June 19 2026
Insecurity: Govs seek swift establishment of state police

Insecurity: Govs seek swift establishment of state police

June 19 2026
DSS rejects foreign funding for proposed security trust fund

DSS rejects foreign funding for proposed security trust fund

June 19 2026
Constitution Review: NASS targets Dec 25 for 1st alterations

NASS jumbo pay under scrutiny, again – Punch

June 19 2026

EDITORIAL REVIEW

Constitution Review: NASS targets Dec 25 for 1st alterations

NASS jumbo pay under scrutiny, again – Punch

by The Editor
June 19 2026
0

Waste crisis in states – Punch

Waste crisis in states – Punch

by The Editor
June 17 2026
0

Party primaries of discontent – Punch

Party primaries of discontent – Punch

by The Editor
June 15 2026
0

The reign of kidnappers – Thisday

The reign of kidnappers – Thisday

by The Editor
June 11 2026
0

Foreigners looting national assets intolerable – Punch

Foreigners looting national assets intolerable – Punch

by The Editor
June 10 2026
0

Opinion

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

...

Terrorists kidnap Army Major General, wife in Katsina

Slain General: When the protectors need protection

by The Editor
June 17 2026
0

...

Bandits attack mosque, kill 1, abduct 9 in Kaduna

When terrorism becomes the talk of town

by The Editor
June 9 2026
0

...

Of bandits and their informants/sponsors

Of bandits and their informants/sponsors

by The Editor
June 1 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.