By Carl Umegboro
The sting operations by the
operatives of the Directorate of State Security (DSS) at the residences of some
judges and justices over allegations of corrupt practices have created two divergent
opinions; one vehemently stands for while the other frowned, parroting the
doctrine of separation of powers and rule of law. The pro-group which includes
the civil societies gave weighty supports to the operatives for arresting the
judges to give accounts on the grievous allegations levelled against them in
line with stewardship. On the other hand, the Nigerian Bar Association (NBA)
and other citizens mostly of the opposition party mercilessly carpeted the
executive arm of government alleging civilian maladministration, abuse of law,
intimidation of the judiciary and autocratic tendencies. Specifically, the
opponents claimed the actions of the operatives were inconsistent with doctrine
of separation of powers contending that the National Judicial Council (NJC); a supervisory
body set up for all issues vis-à-vis the judges and justices in the bench including
appointments, promotion and sanctions, exercises exclusive powers over its
members and therefore ruled out possibilities of the security agencies
arresting ‘your lordships’ as ordinary citizens.
However, it is unfortunate that the
statutory duties of the NJC are confusing some analysts leading to erroneous
attacks on the operatives and the executive at large. NJC as an administrative
body only exercises jurisdiction on professional misconducts of its members like
the Legal Practitioners’ Disciplinary Committee (LPDC) and not on crimes. The
bodies solely vested with powers to investigate crimes are the security
agencies. This is comparable to where a legal practitioner tampers with his
client’s deposits which amounts to a professional misconduct and also crime.
Albeit, the LPDC after investigation may give sanctions on account of the
misdemeanours, nevertheless, the Police or the Economic and Financial Crimes
Commission (EFCC) is not debarred from arresting the practitioner over the same
matter for criminal prosecution. This is the dichotomy between the professional
misconducts and crimes. Once a crime is alleged to have been committed, the
operatives have unfettered jurisdiction to arrest, investigate and prosecute
the suspects as long as such persons are not covered by immunity irrespective
of opinions of any administrative body.
Under the 1999 Constitution of the
Federal Republic of Nigeria, only the president, vice president, governors and
deputy governors are immune from criminal prosecutions while in office. Without
a doubt, the judges have immunity while discharging their official duties in
the court, but away from that, they can be arrested. Similarly, lawmakers are also
clothed with limited immunity while in plenary. In other words, the circumstantial
humiliation of the judges by the operatives though disheartening will
absolutely not be categorized as abuse of law instead emblematic of rule of
law. To ignore the accused members of
the bench despite convincing allegations against them and futile invitations
will amount to inequality before the law. Without mincing words, the evidences
serendipitously retrieved from the judges in the course of the operations overwhelmingly
justified the actions. Some opponents had abysmally anchored the arguments on
the time of the operation asserting that carrying the operations at night was
debauched. Unknown to them, the operatives operate round the clock and choses
their best times. It is saddening to note that no one dared ask the times these
grievous crimes were committed but squabbles on when security agencies took its
statutory tasks. Operatives invasion of suspect’s homes are strategically at
unexpected times for desirable results.
Suffice to say that those that are
held in high esteem in the society owe themselves, in their best interests, a
duty to live above aboard bearing in mind that those living in glass houses do
not throw stones. If not, operatives will certainly not change from their modus
operandi on account of involvement of some sacred cows. It is also noteworthy
to remind the opponents of the sting operation that in a democracy, there are
no ‘sacred cows’ which they unconsciously promote under the disguise of
dictatorship. Rule of law entails equality before the law and all agencies
operating in accordance to the statutes, and not by sentiments. The actions of
the operatives are estimably justifiable, justiciable and intra vires. The actions of the operatives are usually dependent on circumstances. For example, if there is a tip that a judge's account was credited in a suspicious manner in view of a case, since operatives can access can access and monitor the account, the agency could write to NJC or even invite the judge to appear for questioning. If on the other hand, the judge received and kept the mega-cash in his house, professionally, operatives shouldn't disclose or petition the administrative until it retrieves the evidences through sting operations. This is on account that as humans, on a tip that the deed is known and on a watch-list, certainly, the evidences will be altered by swift relocation. In such a situation, unexpected invasion of homes or arrest is unavoidable. Or can a judge or any person who knows that operates are monitoring him honour invitations without first putting his home in order? By the mind-boggling findings, the NJC ought to judiciously, review some of the controversial
rulings of the courts in the recent times for restoring peoples’ confidence in
the judiciary. The so-called lawlessness, abuse of laws or executive’s intimidation as far as the development is concerned is a misconception, unfounded
and prejudiced.
Umegboro, public affairs analyst, publisher
of Pinnacle InfoGallery, writes from Abuja.
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