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

Perils of LG Electoral Commission – Punch
Public Affairs

Yes, voters, not courts, must decide elections – Punch

October 20 2026
Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum
Public Affairs

Don’t involve civil servants in politics – Punch

October 16 2026
Kano, Sokoto, others spend N53.2bn on scholarships abroad
Public Affairs

Kano, Borno spreading tyranny – Punch

October 13 2026
2027: Wike, APC governors clash over Rainbow Coalition
Opinion

Why are governors getting worse?

October 13 2026
US Congress okays bill to cut foreign aid to Nigeria
Public Affairs

Nigeria’s revolving-door budgeting – Punch

October 12 2026
Police, Oyo LG deny release of kidnap victims after Igboho’s ultimatum
Public Affairs

Tinubu’s extended absence – Punch

October 8 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

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

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

...

ODDITIES

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

GLOBAL NEWS

Court finds Kenyan cult leader guilty over 191 starvation deaths

Court finds Kenyan cult leader guilty over 191 starvation deaths

by The Editor
October 20 2026
0

...

Nigeria: Pope Leo XIV urges release of abductees from terrorists’ den

Pope Leo’s lung surgery successful — Vatican

by The Editor
October 13 2026
0

...

Child Soldiers: US threatens to cut military aid to Nigeria

Child Soldiers: US threatens to cut military aid to Nigeria

by The Editor
October 13 2026
0

...

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

by The Editor
October 13 2026
0

...

US releases fresh names, photos of 24 Nigerians on deportation list

US releases fresh names, photos of 24 Nigerians on deportation list

by The Editor
October 12 2026
0

...

State of the States

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

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

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Catholic bishops declare nationwide fasting, prayer

Catholic bishops declare nationwide fasting, prayer

October 20 2026
NFF Crisis: Tinubu orders comprehensive reform of Nigerian football

Subsidy removal: I’ve no regret, we can’t go back to Egypt — Tinubu

October 20 2026
APC clears Uduaghan, Amosun, Ajimobi, Shettima for senate

Former Delta governor Uduaghan dies at 71

October 20 2026
Court finds Kenyan cult leader guilty over 191 starvation deaths

Court finds Kenyan cult leader guilty over 191 starvation deaths

October 20 2026

EDITORIAL REVIEW

Perils of LG Electoral Commission – Punch

Yes, voters, not courts, must decide elections – Punch

by The Editor
October 20 2026
0

Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum

Don’t involve civil servants in politics – Punch

by The Editor
October 16 2026
0

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

Kano, Borno spreading tyranny – Punch

by The Editor
October 13 2026
0

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

US Congress okays bill to cut foreign aid to Nigeria

Nigeria’s revolving-door budgeting – Punch

by The Editor
October 12 2026
0

Opinion

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

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

...

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.