By Lawyers For Better Nigeria (LBN)
PREAMBLE
This
is a COMMUNIQUE Issued by LAWYERS FOR BETTER NIGERIA (LBN) at the close of its
emergency meeting held at Nicon Luxury Hotel, Garki, Abuja on Sunday 9th of
October, 2016 at 1100hours. LBN is a Non-Governmental Organisation of lawyers,
(mainly young lawyers) who have come together to demand good governance from
government and in particular fight against corruption in the Justice Delivery
Sector (JDS).
Corruption
in Nigeria cuts across sectors, and it is a major source of concern to every
well-meaning citizen of this great country, especially those of us in the
Justice Delivery Sector. In our nation's Justice Delivery Sector, corruption has
nearly eroded our system to the point where some lawyers would nearly always
add to their service fees the cost of bribing a judge for favorable judgement;
where litigants engage and retain lawyers not on the bases of what they have to
offer legally but on the bases of their relationship with Judges; where
judgements and orders are no longer granted on the bases of judicial
precedents, but on the bases of payment (highest bidder wins it); where Judges
no longer exercise discretion in or care about their partisan relationship with
politicians or the public perception of their outside-the-courtroom
relationship with litigants that appear before them.
As
junior lawyers, who either have no competing powers or have resolved not to
join the bandwagon, we are the most affected. We lose our clients daily, we
lose our chances of growth, while the same persons use their proceeds of
corruption to perpetuate their hold on the profession, planting their children,
wives and cronies either as Judges or Senior Advocates of Nigeria even when
their said children and wives have no real knowledge or values to add to the
development of the Justice Delivery Sector.
It is
on these notes that we have resolved to support the fight against corruption in
the Justice Delivery Sector and Nigeria in general in order to return Justice
to the people. The Court used to be the last hope of the common man, but they
have taken that away from the common man. WE THE PEOPLE MUST TAKE IT BACK.
THE ISSUES
Our
attention, as LAWYERS FOR BETTER NIGERIA, is drawn to the trending issue
concerning the arrest of some Judges, including Judges of the Supreme Court of
Nigeria in what the Directorate of State Services (DSS) announced as a
"move to rid the Judiciary of Corruption". As Lawyers in practice, we feel the
corruption in the Judiciary, and beyond what we feel, we are aware that even
the Head of the Judiciary in Nigeria in the person of the CHIEF JUSTICE OF
NIGERIA (CJN), who is also the HEAD OF THE SUPREME COURT OF NIGERIA (SCN) AND
THE CHAIRMAN OF NATIONAL JUDICIAL COUNCIL (NJC) has come out publicly to
confirm that just as in the other arms of Government, there is corruption also
in the Judiciary.
The
CJN did also confirm that the NJC is investigating some allegations and taking
appropriate disciplinary actions against judges that are found culpable. Only
recently, the NJC pursuant to this resolution and drive dismissed and retired
some Judge as the case may be on account of corrupt practices and recommend
them for prosecution by the appropriate Law Enforcement Agency.
In
the same vain, we are aware that it is the Policy of the Leadership of the
present Executive Arm of Government to fight corruption at all levels, and it
has done so commencing with the probe of government activities by Executive Arm,
to the Legislature and now the Judiciary.
We
want to unequivocally submit that as LAWYERS FOR BETTER NIGERIA, we support in
totality the FIGHT AGAINST CORRUPTION initiated by the present EXECUTIVE ARM of
GOVERNMENT and would therefore urge every well-meaning Nigeria to commit to
this uncommon resolve and will power.
It
has also come to our attention that the NIGERIAN BAR ASSOCIATION, our parent
Association as Lawyers, has come out to question the arrest of these judges and
demanded for their immediate release. We understand that the NBA is also
planning a boycott of the Courts if these Judges are not release by today
(Sunday 9th October 2016).
Much
as were concede that the NBA has a professional duty to protect the Judiciary
and the Justice Delivery Sector, we wish to remind the NBA that it has even a
greater obligation which is to protect the Constitution of the Federal Republic
of Nigeria. It is on this note that we call on the leadership of the NIGERIAN
BAR ASSOCIATION (NBA) to clearly define and clarify its area of disagreement
and concern in the arrests of these Judges. This is in order to avoid internal
frictions within the NBA that would create room for independent Associations
such as ours to begin to make public statements as body (Association) of Lawyer
for or against the official position of the NBA. We do not think that this
would be in the best interest of the Bar.
Accordingly,
we make our observations on the issue of the arrest of the Judges by the DSS as
follow:
1.
LBN appreciates that Nigeria operates a democracy that runs under the principle
of Separation of Powers, which guarantees the independence of the various
arms. By this principle, in simple
terms, the Legislature makes the Laws, the Judiciary interprets the Laws and
the Executive (executes) enforces the Laws, using statutorily established Law
Enforcement Agencies such as the Police and the DSS, etc.
2.
Each arm of Government is authorized to hire, discipline and fire it's
employee. Just as the Executive relies on Civil Service Commission to do this,
the Judiciary relies on the Judicial Service Commission or the National
Judicial Council, as the case may be, to do the same.
3.
Whereas, the various Arms of Government (Executive, Legislature, Judiciary)
relies on its independent and appropriate Commission/Council to discipline its
employees; NIGERIA AS A NATION RELIES ON HER CRIMINAL JUSTICE SYSTEM TO
DISCIPLINE HER ERRING CITIZENS. The Nigerian Criminal Justice System is a
process that includes Law Enforcement Agencies, the Judiciary, the Prisons,
etc.
4. We
emphasis that the responsibility to sanction or discipline or correct any
citizen of Nigeria who is "suspected" to have violated any Law within
Nigeria, who himself/herself may be a lawyer, Judge at any level, Doctor,
Engineer, Banker, Carpenter, Farmer, Trader or unemployed is that of the
Criminal Justice System and NOT that of his Employer (such as NJC, FCSC,
Hospital Management, Bank Council, Farmers Union, etc). It is clear that
whereas NJC's sanction against an erring judge is limited to suspension or
dismissal as the case maybe of that judge, but that of the Criminal Justice
System extends to PROSECUTION in a competent court of law, FINE and/or
IMPRISONMENT of that judge.
5. We
note that the Nigerian Criminal Justice System is a process and this process
admits and permits ARREST as one of the procedures of the process. These Judges
have just been arrested, preparatory to prosecution.
6.
LBN is not oblivious that the Criminal Justice System is also laced with
corruption, which has resulted in Law Enforcement Agents arresting
"suspected offenders" without the proper rules of engagement or
procedure of arrest. LBN condemns the arrest of any Nigerian citizen that does
not follow the law and will always do so.
7. In
the present arrest of these Judges, apart from the fact that the search warrant
was executed and the arrest made between 2300hours of Friday to 0330hours on
Saturday morning, LBN could not find any other breach in this particular
procedure of the Criminal Justice System. Another grouse seems to stem from the
contention that it is not part of the responsibilities of the DSS to
investigate corruption and so have no right to carry out the arrest. We wish to
state unequivocally that based on the Administration of the Criminal Justice
Act 2015, Law of the Federation of Nigeria, the DSS and indeed every law
enforcement agent has the right and a duty to do so; and even a far higher duty
derived from the Oath of Allegiance to protect the Constitution of Federal
Republic Nigeria to make such arrest.
8. We
need not remind Nigerians and indeed the NBA that every single Nigerian is
equal before the law. This no doubt operates to subject a Judge, Senator,
Minister, Lawyer, Artist, Terrorist, Militant, etc who is accused or suspected
of any act that has been defined as crime to the same legal standard. We do not
operate two legal systems in Nigeria: one for the rich and influential and the
other for the poor and lowly.
9.
Albeit, we recognize that the Nigerian legal system provides a robust grievance
remedial process. We advise that should the Judges, as much respected citizens
of Nigeria, feel very strongly that their human rights or integrity has been
violated or bruised by the arrest made by the DSS, they should feel free to use
any of the grievance remedial options. In the main, they should answer to the
law and vindicate themselves.
CONCLUSION
In
conclusion, we urge the NBA to allow those who have been cited for violation of
the Nigerian Laws to answer to the Laws. Large sums of money were recovered
from some of them; let them come before the law, perhaps they will be able to
explain away the sources of the funds. These Judges must desire, more than
anything else, to clear themselves of the allegations and until they do so they
no longer have the moral standing to preside over any citizen accuse of crime.
Therefore, NBA should not be seen as a vehicle for self-protection against
prosecution; for shielding these judges from prosecution. None of these Judges
is arrested for delivering judgement against the Executive, but for indulging
in corrupt practices. NBA has a lot to fight against, the unfriendly policies
of government, the unfulfilled promises of the Executive, the insecurity in the
country and the economic hardship.
Finally,
LBN has resolved that its members will not boycott the courts but will rather
JOIN OTHER NON-LAWYER BASED NGOs (bearing T-Shirt and placard) to call for the
dismissal and prosecution of these Judges. This is for the NOTICE and ATTENTION
of the NBA and the GENERAL PUBLIC.
Signed:
Abdullahi Abubakar
National
Coordinator
Barr. Stanley Ibeawuchi Nwosu
National
Secretary
Barr. Adamu Ibrahim
Coordinator,
Zone 1
Barr. Olujide Olorunnimbe
Coordinator,
Zone 2
Barr. Igbokwe Alphonus
Coordinator,
Zone 3
Barr. Micheal Diriya
Coordinator
Zone 4
Barr. Aliyu Yahaya
Coordinator
Zone 5
Barr. Timi Lakenfa
Coordinator, Zone 6
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