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| Rivers State Police Commissioner Mr. Francis Odesanya1 |
The Commissioner of Police, Rivers State
Command, Mr. Francis Odesanya, is under fire for his role in the
aborted arrest of a judge of the Federal High Court, Port Harcourt, in
the early hours of Saturday, The PUNCH learnt on Sunday.
The Rivers State Governor, Chief Nyesom
Wike, was said to have rushed to No. 35, Forces Avenue, the GRA official
residence of the judge and prevented operatives of the Department of
State Services from arresting the judge.
Wike, who was said to have had a
confrontation with the DSS officials, was said to have been joined at
the scene by the police commissioner.
A highly-placed source, who spoke to The PUNCH
on condition of anonymity, on Sunday, said preliminary report had shown
that Odesanya prevented the security agencies from carrying out a
legitimate order.
Based on the report, he said the police authorities as well as the Police Service Commission would sanction the police boss.
He, however, did not disclose the kind of punishment to be meted out to him.
The source stated, “The Rivers
Commissioner of Police will be dealt with appropriately. It has been
established that the DSS officials who were at the judge’s residence had
with them duly signed search and arrest warrants.
“By stopping the security agents from
doing their work, what he did was to obstruct justice. He stopped those
people from carrying out a legitimate order.
“He will be sanctioned accordingly.”
The Public Relations Officer, Rivers
State Command, Mr. Nnamdi Omoni, had told journalists that policemen
were only at the judge’s residence to ensure there was no breakdown of
law and order.
It was also learnt on Sunday that no fewer than 15 judges across the country were under investigation by the DSS.
It was gathered that the DSS was investigating the judges based on various petitions, which accused them of corruption.
A top Federal Government official, who
confided in our correspondent on Sunday, said the 15 judges included
seven that were arrested on Friday and Saturday.
The DSS had, in what it called a sting
operation, arrested Sylvester Ngwuta and Inyang Okoro, both of the
Supreme Court; the suspended Presiding Justice of the Court of Appeal,
Ilorin Division, Justice Mohammed Tsamiya; Justice Kabiru Auta of the
Kano State High Court and Justice Adeniyi Ademola of the Federal High
Court, Abuja.
Other arrested were a former Chief Judge
of Enugu State, Justice I. A. Umezulike, and Muazu Pindiga of the
Federal High Court, Gombe Division.
It was gathered that besides the judges,
the DSS had invited three court registry staff across the country as
part of the investigations into the alleged corruption in the judiciary.
“Currently, we are investigation 15
judges, including the seven that were arrested. Three court registry
staff have been invited and quizzed. We have facts and figures,” the
source stated.
The government official faulted a claim that the DSS acted unilaterally without carrying along the National Judicial Council.
He stated that the Service sent letters to the NJC and the Ministry of Justice concerning the investigations of the judges.
According to him, while the ministry
responded, the NJC did not respond, adding that the DSS did not
dramatise the arrest of the judges as alleged.
The government official also explained
that the fact that the judges were under the authority of the NJC did
not exclude them from investigation and prosecution.
He stated, “They have no immunity. Even
those (governors), who have immunity, can be investigated. There are
many professional groups, including the Nigeria Union of Journalists; if
you commit a crime, besides facing disciplinary actions from your
union, you should be investigated and prosecuted according to the law of
the country.”
The source further explained the
constitutional mandate of the DSS, adding that the service had not
intervened in what did not concern it by investigating the judges.
Giving an insight into the allegation
against some of the judges, he alleged that some of them received bribes
to compromise judgments.
He also cited the case of a judge who
had a N1.5bn estate, alleging that granting of bails to defendants had
been turned into an avenue for making money by some judicial officers.
It was learnt that the government was
not happy with way the police handled the investigation into the alleged
Senate forgery involving the Senate President, Bukola Saraki, and his
deputy, Ike Ekweremadu.
Presidency backs clampdown on judges
The Presidency on Sunday backed the
weekend’s raids on the residences of some judges and their arrest,
saying due process was followed.
It, however, said the clampdown was not against the judiciary but against corruption.
The Senior Special Assistant to the
President on Media and Publicity, Garba Shehu, said this in a statement
made available to journalists.
Shehu said the Presidency had been told
by the DSS that all due processes of the law, including the possession
of search and arrest warrants, were obtained before the searches were
carried out.
Describing the raids as “surgical
operation”, he said to suggest that the government acted outside the law
in a dictatorial manner, was therefore to breach the interest of the
state.
The statement read, “The recent surgical
operation against some judicial officers is specifically targeted at
corruption and not at the judiciary as an institution.
“In a robust democracy such as ours,
there is bound to be a plurality of opinions on any given issue, but
there is a convergence of views that the country has a corruption
problem that needs to be corrected.
“But reports by a section of the media are giving us cause for concern.
“To suggest that the government is acting outside the law, in a dictatorial manner, is to breach the interest of the state.”
Nigeria sliding into fascism, alleges PDP
The national leadership of the PDP said the arrest of the judges was unwarranted.
A statement by the spokesperson for the
PDP, Mr. Dayo Adeyeye, in Abuja on Sunday, said, “This invasion is the
latest in a series of actions taken by the President Muhammadu Buhari
administration which revealed its disregard for the rule of law and its
abject disdain for the principle of separation of powers.”
Adeyeye alleged that the country was
sliding into what he called “inexorable fascism”, adding that it began
with the alleged invasion of the Akwa Ibom State Government House by the
DSS and the continued detention of several people despite courts
ordering their release.
He said, “This slide into fascism has
included sustained attacks on the leadership of the National Assembly as
President Buhari has sought to break its independence and make it a
rubberstamp to suit his will.
“It is worthy to note that never in the history of our country has any President attacked the judiciary in such a manner.
“Even the late dictator, Gen. Sani
Abacha, whose regime is remembered by many as the second worst regime in
Nigerian history, did not carry out such Gestapo-style attacks on the
members of the judiciary.”
But the APC said it was concerned about the desperation of the opposition PDP to drag the President into the raids by the DSS.
The party, in a statement by its
National Secretary, Mai Buni, in Abuja on Sunday, said the Buhari-led
APC administration operated strictly in line with the rule of law.
The statement partly read, “While the
party calls on all security agencies to respect and be guided by the
rule of law in carrying out its constitutional duties, the APC finds the
actions of some PDP governors and the reckless unsubstantiated
allegations levelled by the PDP against President Muhammadu Buhari as
the architect of the DSS raids curious and suspicious.
“The APC suspects that the PDP and the
Ekiti and Rivers states’ governors, Ayodele Fayose and Nyesom Wike
respectively, have something to hide. This is a red flag that security
agencies must not ignore.”
Reps, senators condemn raids
Meanwhile, some members of the House of
Representatives on Sunday berated the DSS for the arrests of some judges
and the raids on their residences on Friday and Saturday last week.
The PDP Caucus of the House in particular, “condemned” the action of the DSS, warning that it was a “threat to democracy.”
Similarly, the Chairman, House Committee
on Federal Judiciary, Mr. Aminu Shagari, accused the DSS of “failing to
follow due process of the law” by invading the homes of the judges and
arresting them.
The Chairman, House Committee on Justice, Mr. Razak Atunwa, also said the DSS overstepped its bounds.
House Minority Leader and Leader of the
PDP’s caucus, Mr. Leo Ogor, stated that after analysing the Act
establishing the DSS, members could not find a provision to justify
Friday’s action of the agency.
Ogor added, “We condemn in its entirety,
the said Gestapo invasion of the residences and arrests of the judges
at those odd hours. It is not only unlawful but a threat to due process,
usurpation of the responsibilities of the Nigeria Police, Economic and
Financial Crimes Commission, Independent Corrupt Practices and other
related Offences Commission or the National Judicial Council.
“We have taken pains to further analyse
the National Security Agencies Act, from where the State Security
Service, under the Provision of Section 3, derives its powers.
“We make bold to state that we could not find anything like the fight against corruption or financial crimes in the SSS mandate.
“Let it be known to Nigerians and the
world at large that the core functions of SSS, border on treasonable
crime and nothing more.”
Shagari, a member of the ruling APC from Sokoto State, told The PUNCH on Sunday that the manner the judges were arrested humiliated the judiciary.
Shagari explained, “There are rules for
handling issues such as this. These are honourable justices and of the
Supreme Court especially.
“The way their houses were invaded was not proper. There are procedures of the law and the DSS flouted them.”
Also, it was learnt that the issue would
be one of the major subjects of debate on the floor of the Upper
Chamber of the National Assembly when plenary resumes on Tuesday.
Two senators, who spoke to one of our
correspondents on Tuesday, condemned the DSS for the reported ‘Gestapo
style’ deployed in the operations by its operatives.
The Deputy Minority Whip of the Senate,
Senator Abiodun Olujimi, described the raids by the DSS as being in bad
taste and a return to the anarchy prevalent during military rule.
She said, “It does not make any sense
and it is not fair. We can’t bring our exalted leaders down just for the
sake of it. ‘‘Granted, they (DSS) could want to investigate the judges,
but there are more civilised ways to go about it.”
The Chairman, Senate Committee on the
Federal Capital Territory, Mr. Dino Melaye, on Sunday, condemned the
arrest and invasion of the residences of the detained judges.
He said although judges had no immunity
and could be tried, the use of DSS by government was “absolutely wrong
and unacceptable.”
The position of Melaye of the APC, representing Kogi West, was contained in a statement he issued in Abuja.
He added, “There is no doubt that many
judges are corrupt. It is also important to state the need to sanitise
the judiciary of corruption that make judges to give commercial rulings
which create terrible precedent in our legal system. Judges have no
immunity and can be tried and should be tried but the use of DSS is
absolutely wrong.
“The DSS operatives, even when they
overstretch themselves and conduct investigations into the activities of
judges, they ought to hand over their findings to the appropriate
institutions of government – the Police or NJC – for prosecution and
punishment.’’
Falana demands immediate release, prosecution
Human rights lawyer, Mr. Femi Falana (SAN), on Sunday, urged the DSS to release the detained judges.
He, however, described the call by the
leadership of the NBA for the unconditional release of the judges as an
embarrassment to the “incorruptible members of the bar”.
But Falana said because the detained
judges “are presumed innocent until the contrary is proved by the state,
they should be admitted to bail in self recognisance.”
He urged the Attorney General of the
Federation and Minister of Justice, Mr. Abubakar Malami, to ensure that
the judges were immediately arraigned without delay.
“However, it is a matter of grave
concern that the legal profession has allowed the denigration of the
hallowed temple of justice because of the misconduct of a few corrupt
judges.
“For several years, judges, who
committed grave criminal offences, were not prosecuted but merely
retired by the authorities on the recommendation of the NJC.
“Although the National Judicial Council
recently recommended the dismissal and prosecution of a judge for
extorting the sum of N197m from a litigant, the authorities had paid lip
service to the menace of judicial corruption in the country.”
Condemning the NBA’s call for the
unconditional release of the judges, Falana said, “In particular, the
NBA, which has information on all corrupt judges and lawyers in the
country, has continued to shield them to the embarrassment of
incorruptible members of the bar and the bench.’’
SERAP threatens to sue Buhari
A rights advocacy group, Socio-Economic
Rights and Accountability Project, has written Buhari, demanding the
immediate and unconditional release of the arrested and detained judges.
The group, which also wrote the United
Nations on the case, threatened to take legal action, both locally and
internationally, against the President should the judges not be freed
immediately.
SERAP said in a statement on Sunday by
its Executive Director, Adetokunbo Mumuni, that while it fully supported
Buhari’s anti-corruption war, it viewed the clampdown on judges as a
chilling “blow to the independence of the judiciary and a dangerous
precedent that should not be allowed to stand.”
SERAP added, “We are seriously concerned
about the wave of arrests, intimidation and harassment of judges across
the country by the DSS. While we fully support the government’s efforts
to eradicate judicial corruption, we cannot accept anti-corruption
strategies and methods which patently offend the rule of law and
undermine the authority, integrity, sanctity and independence of the
judiciary.
Mixed reactions trail arrest of judges
Also, mixed reactions have continued to trail the raids on the houses of the detained judges by the operatives of the DSS.
In separate reactions to the invasion on
Sunday, elder statesman, Alhaji Tanko Yakassai; a member of the House
of Representatives during the Second Republic, Dr. Junaid Mohammed, and
an Abuja-based lawyer, Kayode Ajulo, gave their perspectives to the
action of the DSS.
Yakassai called on Nigerians to rise up and resist what he called a gradual slide into fascism.
He said, “What is happening now in
Nigeria is reminiscent of what took place in Germany after the accession
to power of the Nazi party in the 30s. It is a repeat of the same
scenario of what happened to Italy, Portugal and Greece under fascist
regimes in those countries.
“A close look at the happening in
Nigeria nowadays is frightening. It looks as if we are really sliding
into fascism. We have to stop it before it becomes a monster that will
consume everybody.
“It is an attempt by the government to
cajole the judiciary and force it to do its own bidding, particularly if
the conduct is viewed against the persistent complaint by the
Presidency against the judiciary, which the President once called his
main headache in the fight against corruption.”
Mohammed said judges as citizens, could not be above the law.
He explained that the nation’s laws did
not explicitly say the DSS should not arrest judges, stating that it was
not out of place for judges, who were suspected of committing criminal
offences, to be arrested.
He said, “However, I am uncomfortable
with the DSS taking over the role of the EFCC when it comes to the
anti-corruption fight. This is because the EFCC is, to a large extent,
part of the police force. In fact, it is like the Special Branch of the
police but the DSS is not.’’
Ajulo said as a legal practitioner, he
believed in the rule of law, adding that getting rid of corrupt judges
from the system must follow proper procedure.
He explained that no arm of government constantly reviewed itself like the judiciary.
Ajulo stated, “I support that corrupt
judges should be investigated and dealt with accordingly but it should
be done with decency without bringing the bench to disrepute or
ridicule.’’
Tsav, others react
But a former Commissioner of Police in
Lagos State, Alhaji Abubakar Tsav, has advocated what he called “a Jerry
Rawlings treatment, which was carried out in Ghana”, to any public
official found guilty of corruption in Nigeria.
Tsav, who decried the reports of alleged
corruption against some judges, submitted that any judge, who out of
greed, succumbed to the violation of oath of his or her office, should
face the wrath of law.
Tsav, in a statement in Makurdi, the
Benue State capital, on Sunday, said, “The law is no respecter of
anybody, hence, Nigeria should mets out the treatment that a former
President of Ghana, Jerry Rawling, meted out to corrupt leaders in his
country if found guilty of similar offencee in Nigeria.
“Our judiciary is embedded in corruption
and thus rotten beyond preservation; it is a shame indeed. With the
judiciary and the police corrupt, our country is finished. Where will
the ordinary man seek justice?”
The Executive Director, Community
Outreach for Development and Welfare Advocacy, Mr. Taiwo Otitolaye, said
the action of the DSS amounted to impunity.
Otitolaye, in a telephone interview with
one of our correspondents in Ilorin, the Kwara State capital, on
Sunday, said the action of the DSS was against democratic tenets.
A social critic, Olola Kasum, however, said he was in support of any action taken by Buhari to fight corruption in the country.
He said, “We should support Buhari in
everything he is doing to fight corruption. Some of the judges are
corrupt. We know them. I support anything that Buhari does to frighten
them. When Buhari is doing something to frighten any corrupt person, we
should support such a move. You cannot make radical changes in the
country by following due process, it will not work.”
Ekiti APC slams NBA, Fayose for condemning raids
Also, the APC in Ekiti State has berated
Governor Ayodele Fayose for criticising the DSS for its raids on the
houses of some judges.
It said Fayose’s attack on the service
followed the same pattern of his criticisms of other anti-graft agencies
anytime the governor felt threatened by the activities of these
agencies.
The party also criticised the NBA for
condemning the DSS, wondering why the umbrella body of lawyers
maintained silence when the judiciary faced a more daring and
contemptuous challenge in the past, especially, when Fayose allegedly
led thugs to attack the court in Ado Ekiti.
In a statement in Ado Ekiti on Sunday,
the APC Publicity Secretary in the state, Taiwo Olatunbosun, stated that
contrary to Fayose posturing as fighting for the rule of law, the
governor was actually fighting for his own survival.
He said, “It is most likely he has something he is hiding that we do not know.
“Fayose’s attempt to set Ekiti people
against the DSS through inflammatory statements in a live broadcast on
the state media to, again, instigate the people against security
agencies, will not save him from facing justice in his numerous brushes
against the law.
Story by: Niyi Odebode, John Alechenu, John Ameh, Olusola Fabiyi, Kamarudeen Ogundele, Olalekan Adetayo, Friday Olokor, Leke Olatunji, Success Nwogu, Ade Adesomoju, Ramon Oladimeji.
