DSS RAID: Dangerous Contradictions In NJC’s Position

By Carl Umegboro 
(Published by DAILY TRUST Newspapers of 18 October,2016)

THE National Judicial Council (NJC) in a communique over the raids of some members of the bench expressed its support to President Muhammadu Buhari’s administration on its policy of eradicating corruption in the country though within the ambit of the law. Overall, the body made emphasis on the executive’s calculated attempts to cowing the judiciary by the recent invasion of some of the judges and justices’ homes, and vehemently condemned the sting operations contending that some of them were not in the list of petitions received while some are still facing a panel over the allegations levelled against them.

Unfortunately, the Council forgot that the duty on the security agencies to give notice prior to actions is not absolute but dependent of circumstances. Where the operatives’ evidences are securely domiciled in the banks, consent or petitions could be filed with NJC while the accounts are monitored. The suspects can also be invited to report at convenient times. If on the other hand, the judges converted residences to banks as discovered in the raids, sting operations as carried out is indispensable. The reason is simple; the judges as humans cannot retain the evidences at the same positions on discovery that the deeds have been detected. Certainly, the positions will be altered knowing that criminal law requires as of necessity proofs beyond reasonable doubt. Or could a judge who strategically opted to heaping bribery proceeds in his house honour such invitations with the mega-cash intact at same position? Besides, any security agency that could disclose allegations without securing evidences is unfit, inept to be considered as operatives.

Interestingly, the Council noted that it overlooked some of the petitions for not adducing evidences as required, but still frowned at the sting operations aimed at substantiating the allegations. Sadly, on those petitions NJC upheld the allegations, the body was silent on what happens to the loots, but only recommended compulsory retirement or dismissal.  Perhaps, the Council is advocating for a special security agency within the judiciary to take charge of the lordships on crimes in view of the separation of powers. Until then, operatives’ activities are only limited by Section 308 of the Nigerian constitution.

Another grievous loophole in the position is that NJC, no doubt, constitutes the honourable judges and justices of the court, nevertheless, is obviously different from the court of law. Its resolutions are only advisory and not binding on the security agencies when carrying out its statutory duties. The statement that it found some allegations from the DSS baseless after considering the petitions is prejudicial knowing that the body is not a court of law where parties must present their respective accounts in view of fair-hearing. Furthermore, the essence of sending petitions to the body is merely for reverence and notice and not for approval prior to investigation of its accused members as long as crimes are involved. If allegations are affixed on professional misconducts, perhaps undue influences, such could reasonably be within the ambits of the Council. The borderline between professional misconducts and crimes must be made bold. The Council cannot stop operatives from prosecuting any citizen that is not covered by immunity provided in the 1999 CFRN, and failure to give prior notice doesn’t amount to disregard of due process.

It is on record that a judge had lately been assaulted while on duty by the governor of Ekiti state, Ayo Fayose but till date, no statement from the NJC. In a similar manner, when the apex court ruled that one ‘Chief James Onanefe Ibori’ was actually an ex-convict but different from former governor of Delta State, the helpless public expected NJC to investigate the trial, but it overlooked. Several other controversial verdicts of the courts in the recent times particularly on elections are worrisome. By its position, members of the bench are sacred cows and indirectly shielded from investigations by the law enforcement agencies, hence can restfully convert homes to vaults where questionable public-funds are kept since all allegations must first be treated by NJC. The noble body shouldn’t forget the world is watching!

Umegboro, public affairs analyst and publisher of Pinnacle InfoGallery, writes from Abuja.

To trace in DAILY TRUST Newspapers,click here: http://www.dailytrust.com.ng/news/letters/dss-raid-dangerous-contradictions-in-njc-s-position/167310.html#PbAEPwxuWmUhlZup.99