The Nation Newspaper

Tag: Arrested judges

  • Fed Govt urged to reconsider arrested judges’ cases

    Fed Govt urged to reconsider arrested judges’ cases

    THE Federal Government has been urged to reconsider its stance on the fate of the judges arrested by the Department of State Services (DSS).

    International Human Rights and Anti-corruption Society (IHRAS) Director General Dr. U. O. Udofia made the request in a letter dated October 26 and sent to the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN).

    The group, which said it was particularly concerned with the case of Justice Nnamdi Dimgba of the Federal High Court, Abuja, noted that from its members’ findings, the judge was above board.

    In the letter, a copy of which was sent to the Director General of the DSS, IHRAS argued that although it support efforts by the government to curb corruption, it must be done in accordance with the rule of law and due process.

    “Our independent investigation reveals that Justice Dr. Dimgba was appointed in December 2015 as a judge of the High Court and started sitting in January 2016 and has remained a judge of high repute in the discharge of his constitutional duties effectively and transparently.

    “The case files taken by the DSS in Justice Dimgba’s residence during the DSS operations were for judgments on Monday, Tuesday and Wednesday of the following week, before the DSS operation on Friday night.

    “Justice Dimgba has a right under the law to take the case files for study and writing of the judgments. During the DSS operation, noting was found, no monetary materials were found in his residence.

    “It is upon this background that we appeal to the Federal Government, particularly the Attorney General of the Federation (AGF) and the DSS, to reconsider the case of Justice Dimgba, whose residence was mistakenly invaded by the DSS.

    “The appeal is predicated on the outcome of our untainted and undiluted investigation and opinion poll conducted among legal practitioners and others, within and outside the Federal Capital Territory (FCT).

    “All those contacted on this issue attested to the sincerity and honesty of Justice Dimgba in the discharge of his duties,” IHRAS said.

    The group urged the government to ensure that the fight against corruption should serve as incentive, to encourage and not discourage all those who are working sincerely in the interest of public.

  • Protesters fault Presidency’s claim on arrested judges

    Protesters fault Presidency’s claim on arrested judges

    • Action as attempt to subjugate judiciary’   • NHRC to probe invasion 

    Hundreds of protesters in Abuja yesterday accused the Presidency of subjugating the judiciary with the arrest of some judges by the Department of State Services (DSS).

    They also decried the alleged refusal by some Federal Government agencies to obey court orders in releasing some detained citizens.

    The protest organised by two groups, Lawyers in Defence of Democracy (LDD) and Citizens for Governance (CG), involved mostly youths.

    The protesters had placards and flyers with different messages.

    Some of the messages read: “No to call for judges to step down”, “Attack on judges, who granted bail on bailable offences against government’s wish is an attempt to silence the judiciary” and “Nobody is above the law, rule of law must be respected,”

    Others read: “Our Stand: “No to the plot to intimidate the judiciary”, “No to the plot to intimidate judges to step aside”, “No to the flagrant disrespect of court orders” and “We reject the plot to overthrow the rule of law”.

    The procession took off from Unity Fountain area on Aguiyi Ironsi Street, Maitama about 10 am.

    The protesters went to the National Human Rights Commission (NHRC), Federal High Court headquarters, Supreme Court and National Assembly (within the Three Arms Zone).

    They were prevented from entering Aso Rock Villa by security operatives stationed close to the area.

    Earlier, the group’s spokesman, Ikenga Ugochinyere, said they passed a vote-of-confidence in the National Judicial Council (NJC) for defending the independence of the judiciary and sanctity of democracy by insisting on the rule of law and not yielding to the call to suspend the affected judges.

    He faulted the Nigeria Bar Association’s call for the suspension of affected judges pending proof of their innocence.

    “There should have been no need for the deliberate misinformation to the public that the invasion of the judges’ homes was due to the uncooperative stance of the NJC.

    “Make no mistake about it, the attack on Justices Dimgba, Ademola, Inyang Okoro, Liman, Nigerians may wish to ask certain questions now.

    “Is Justice Ngwuta’s sin not his lead judgment in the Ekiti governorship election, which the ruling party wanted at all cost? Is Justice Adeniyi Ademola’s sin not his stand on events that happened between him and the attorney-general when he was a judge in the Kano Division of the Federal High Court, or his orders in the cases of Sambo Dasuki, Nnamdi Kanu, President Muhammadu Buhari’s certificate saga and the orders he made on the attack against DSS awarding N30 million as human rights violation compensation to two complainants?

    “Is Justice Dimgba’s sin not his order that he will not hear any applications by the DSS till they obey all his earlier orders and his order declaring the detention of Umar Mohammed as unlawful and ordering his release despite that the order has not been obeyed months after it was made and the political detainee being in detention now for 140 days.

    “The case of Umar Mohammed is shocking. Here is a man that has been granted four bails, fulfilled them and is still in detention and instead of freeing Umar, the courageous Justice Dimgba, who granted him bail was attacked,” Ugochinyere said.

    Condemning the alleged failure of some Federal Government agencies to obey court orders directing them to release suspects in their custody, Ugochinyere said the operations of the DSS were targeted at the judges, who were bold to give orders against government.

    The protesters demanded, among others, that the DSS and other agencies of the Federal Government should release from their custody all suspects who had met their bail conditions in compliance with relevant judgments and orders.

    “We call on the NJC and the chief justice to direct all judges  not to hear any applications from the DSS and other agencies, except bail applications until there is obedience to all pending orders against them. Of what use are the courts, if their orders cannot be enforced and obeyed by the state,” he queried.

     

  • Arrested judges: Court refuses to restrain Buhari, DSS’ DG, others

    Arrested judges: Court refuses to restrain Buhari, DSS’ DG, others

    A Federal High Court in Abuja has rejected an ex-parte motion seeking to, among others, restrain President Muhammadu Buhari, Director General of the Department of State Services (DSS) and others from taking further actions against some judges recently arrested by the DSS.

    Justice Gabriel Kolawole, in a bench ruling yesterday, refused to grant ex-parte a request for an order restraining the defendants from re-arresting or taking any “untoward action” against five of the eight judges whose houses were recently raided by DSS’ operatives.

    The defendants are President Buhari; DG, DSS, Lawal Daura; the DSS; the Attorney-General of the Federation, Abubakar Malami; the Inspector General of Police (IGP) and the National Judicial Council (NJC).

    The motion was filed by a lawyer, Olukoya Ogungbeje. He specifically sought an order of interim injunction restraining “the respondents, their agents, servants, privies, men, officers or anybody deriving authority from them by whatever name called from further arresting, intimidating, arresting, inviting, seizing or taking any untoward action against the arrested and affected honourable judges and judicial officers pending the hearing and determination of the substantive suit.”

    He explained, in a supporting affidavit, that his motion was informed by his apprehension that the judges could be charged in court before the conclusion of the substantive suit he filed, challenging the propriety of the DSS’ invasion of the judges’ houses, their arrest and detention.

    Justice Kolawole, after listening to the argument of Ogungbeje’s lawyer, Ayo Ogundele, said he must first resolve a number of issues, particularly the plaintiff’s locus standi, in an inter-party hearing before making a pronouncement on the prayer as contained in the motion.

    The judge directed that the plaintiff’s motion on notice, seeking similar prayer, be served on the respondents.

    Justice Kolawole ordered President Buhari, Daura; the DSS; the AGF and IGP to appear in court on the next adjourned date (November 15) to show cause why the interim restraining order sought by the plaintiff should not be granted.

    The judge ordered that the plaintiff’s motion ex-parte and on notice be served on the respondents and they shall be entitled to respond within seven days of being served.

    Ogungbeje had on October 14 filed the substantive suit marked: FHC/ABJ/CS/809/16, arguing that the arrest of the judges without recourse to the NJC was unlawful and amounted to humiliating them.

    Ogungbeje, who sued on behalf of five of the judges who are still in service,  said the DSS operations violated the rights of judges under sections 33, 34, 35, 36, and 41 of the Constitution.

    The judges are Sylvester Ngwuta, John Okoro, Adeniyi Ademola, Muazu Pindiga and Nnamdi Dimgba.

    The plaintiff is seeking 10 reliefs, including N50bn against the defendants as “general and exemplary damages” and  N2m as cost of the suit.

    Ogungbeje equally wants an order compelling the DSS to return to the judges the sums of money recovered from them.

    He also seeks perpetual injunction restraining the defendants from arresting, inviting, intimidating, or harassing the judges with respect to the case.

    The plaintiff is, among others, contending that the raid on the residences of the judges and their arrest was unconstitutional.

  • Activists issue quit notice to arrested judges

    Activists issue quit notice to arrested judges

    AN anti-corruption group, Forum of Non-Governmental Organisations in Nigeria (FONGON), yesterday gave a one-week ultimatum to the judges arrested by the Department of State Service (DSS) for alleged corruption to vacate their seats and allow unimpeded investigations.

    FONGON threatened to mobilise its members to occupy the Supreme Court, if the judges failed to step aside.

    Its chairman, Comrade Wole Badmus, who addressed reporters  during a rally at the Supreme Court, said no member of the judiciary was above the law and untouchable, especially when found to be involved in criminal acts.

    Badmus, who led about 100 members of the forum to the court and the National Assembly, said the judges erred according to the Money Laundering Act to have kept huge amounts of cash at home.

     He said: “Failure of National Judicial Commission (NJC) to stop all the judges under investigation from sitting, we have no choice than to occupy the courts the judges are sitting. When we are talking of the rule of law, you have to obey the rule of law first before we obey your rule of law. You have been alleged of certain things and the best thing to do is to step aside and let investigations be done.

    “You cannot continue sitting there and pervert the course of justice. We have 50 organisations here; we will be up to 200 organisations. From today, we are giving a one week ultimatum for the judges under investigations to step aside.”

    The FOGON leader said no judge should be untouchable or above the law as the constitution did not confer on members of the judiciary any immunity from prosecution, if found guilty of any infraction.

    “No judge or justice is beyond being arrested if found wanting in the discharge of his duty. We are surprised by the argument being put up by the judges; none has been able to come out clear to say the money found in his house did not exist.

     ”They are telling us stories meant for a three-year-old toddler. When has a judge turned to farmer? Some other judgers are claiming it is estacode. This is bunkum we cannot believe it. Even by the law of Nigeria, once you have unspent estacode, you must return it to the coffers. Based on the Money Laundering Act of 2000, the money has to be declared. This sum found in the houses of these judges is very embarrassing when Nigerians are crying for food on the table and for qualitative education.”

    FOGON accused the NJC of not doing enough to fight corruption in the judiciary.

    Members of FOGON, who carried various placards, insisted that those indicted should face the law while the anti-corruption agencies continue their investigations for more corrupt officials.

    “Change is not automatic. Nigerians must brace up to the reality.  For the fact that another thief has not been caught, that does not free the one that has been caught people should not muddle things together. This rule of law is used to kill a lot of cases,” he added.

    FOGON Secretary Comrade Omobolaji David said the fight against corruption would not exclude the members of the Executive and the Legislative.

    “There is no untouchable; no one is excluded, even the president,” he said.

  • Arrested judges: Senior lawyers urge NJC to insist on due process

    Arrested judges: Senior lawyers urge NJC to insist on due process

    Senior lawyers under the aegis of the Body of Senior Advocates of Nigeria (BSAN) yesterday urged the National Judicial Council (NJC) to insist on due process in determining the fate of the judges arrested by the Department of State Services (DSS).

    It advised the NJC not to be swayed by the sentiments being expressed by members of the public on how best to handle the challenges facing the Judiciary.

    BSAN’s position is contained in a speech delivered on its behalf by a member, Adegboyega Awomolo (SAN), who represented the body’s leader, Alhaji Abdullahi Ibrahim (SAN), in Abuja at an event, marking the commencement of the 2016/2017 legal year of the High Court of the Federal Capital Territory (FCT), Abuja.

    Awomolo, who stressed the need for the NJC to act within its rules and procedures, noted: “Both the Bar and the Bench constitute the majority members of the NJC.

    “In this respect, the NJC must act within its rules, procedure and the law and not by the noise of the market. Judicial officers must be treated according to the law of the land.”

    He urged judges and lawyers to support efforts to rid the Judiciary of corruption and restore public confidence to its operations.

    Awomolo argued that although there was the need to rid the Judiciary of corruption, such effort must be within the confines of the law and due process.

    He urged judges to learn from the recent developments in the country and strive to be above board.

    Awomolo said judges must be above board like Ceasar’s wife in their private and public relationships.

    “Men and women of the bar and bench must discipline their hearts for godliness, their eyes for contentment and flesh for holiness.

    “There is urgent need to encourage ourselves because when the judiciary is cowed and when the bar is intimidated, the result is lawlessness and anarchy. God forbid.

    “As late as 1980, I recall Hon. Justice Saidu Kawu, Justice of the Supreme Court (of blessed memory), then as Chief Judge of Kwara State, warned judges of Kwara State judiciary that ‘politicians are to be feared, kept at distance and avoided even if they are your relations’.

    “Those words are now alive as great words of wisdom. My lords, distinguished members of the learned and noble profession of the law, let us from this day resolve to be part of the soldiers fighting against corruption, abuse of powers and misuse of the discretion so as to restore confidence in our judiciary as the last hope of the common man,” Awomolo said.

    The Chief Judge of the High Court of the FCT, Justice Ishaq Bello, expressed discomfort that the Judiciary has been grossly condemned by the public.

    He said although there were bad eggs within the system, the Judiciary was determined to rid itself of corruption.

    Justice Bello, however, added that the fight against judicial corruption must be done in line with due process.

    He urged the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related Offences Commission (ICPC) and other prosecuting agencies to be serious in the handling of their cases because the court was no longer willing to tolerate delay.

    Justice Bello, who was unhappy about congestion in prisons, advised judges and magistrates within his jurisdiction to consider adopting liberal bail conditions to ease detainees access to freedom.

    He said he assembled some judges to address the backlog of criminal cases within specific period.

    “As a measure to address overcrowding, I have encouraged judges, magistrates and Area Court judges to be fair and firm, but at the same time, more liberal in the grant of bail so that the prisons will be decongested.

    “It is in this light also, that I made the point during my visit to the prison in Suleja and Kuje that I will set up some panels of judges that will address the backlog of cases within specific time frames in criminal trials.

    “I call on EFCC and ICPC that we will no longer hesitate to strike out your cases no matter how hostile the case is if you fail to do what you should do.”

    He said FCT has 37 judges and 65 magistrates, and that 15,673 cases were inherited from the previous year, bringing the total number of cases the High Court handled in the last legal year to 22,634.

    “Of this number, 9,895 were completely disposed. The magistracy recorded 16,947 in its docket in the 2015/2016 legal year.

    “A total of 5,931 were filed as fresh cases, while 11,016 were carried over from 2014/2015 legal year.

    “In total, 7,695 were disposed with 9,262 pending. The Abuja Multi-Door Courthouse dealt with 99 cases and disposed 67.”