Adewale
Controversy has continued to trail the recent invasion of the residences of some judges and their arrests by operatives of the Department of State Services in connection to their alleged roles in corrupting the nation’s judiciary. While some observers are of the opinion that the move was proper, other critics are saying that the anti-corruption fight of the President Muhammadu Buhari administration is selective, draconian and simply undemocratic.
According to the DSS, the action was in tandem with its core mandate, having monitored the alleged expensive and luxurious lifestyles of some of the affected judges, as well as complaints from other concerned members of the public over the alleged fraudulent judgments granted by the judicial officers. DSS had claimed that credible intelligence revealed that a particular judge had Two Million United States Dollars ($2,000,000 USD) stashed in his house and when he was approached for the conduction of a due search in his house, he quickly called his state governor, who allegedly mobilised thugs to resist lawful arrest by the DSS.
Critics of the Federal Government had argued that rather than taking the particular course of action, the National Judicial Council should have been approached with evidence of judicial malfeasance, institute petitions against the judges and the council should have been permitted take over the case, especially, in view of the fact that at the 78th meeting of the body, disciplinary actions were taken against erring judges that led to the retirement of Ladan Tsamiya, Presiding Justice of the Court of Appeal, Ilorin; Innocent Umezulike, former Chief Justice of the Enugu State; and Kabiru Auta of the Kano High Court, who in addition, was recommended for prosecution.
The Nigeria Bar Association has been accused of shielding corrupt judges despite having relevant information about their unbecoming activities, as such negligence has been blamed for the rot. Unfortunately, the few lawyers that have summed-up the courage to expose corrupt judges and lawyers have been said to have been stigmatised by their colleagues. With the latest development, he NBA has declared a state of emergency and demanded the immediate and unconditional release of the judges. The NBA has termed the Gestapo-style operation of the DSS that should have been carried out by the police.
I have not read anywhere to suggest that the action of DSS was illegal.
To foil this line of argument, observers had claimed that the Independent Corrupt Practices and other related offences Commission as well as the Economic and Financial Crimes Commission had sent invitation letters to the affected judges suspected of corruption but that they (the accused), rather that facing the allegation and clearing themselves of the allegations but opted to evade investigation and prosecuting by resorting to the adoption of legal technicalities such as granting of interlocutory injunctions to prevent their arrest, investigation and eventual prosecution.
While such a robust discourse should be expected in a complex political environment where various interests are in ‘constant alterations’, opinions are bound to differ depending on who is talking and from what vantage position. Human beings are known to naturally want to fester their nests, irrespective of what the political equation looks like. But the truth is that if the nation is ever going to record any meaning impact or success in the fight against impunity and corruption, the legal framework, institutions, personnel and resources that are needed to win the battle should be put in place.
We cannot pretend not to know that corruption would always ‘fight back’ using various means possible – legitimate and illegal means and strategies such as the manipulation of the judicial system, sponsored advocacy, parochial deployment of regional, tribal and religious sentiments and trying to make the issue of impunity, corruption and economic sabotage to look like mere partisan politics.
Corruption in the judiciary seems to be worse. It means were all sitting on a keg of gun power that could explode at anytime whenever the judiciary, which is the last hope for the common-man, is compromised. Life becomes meaningless and hopeless. Such a sick society, where lack of a credible judiciary thrives, lawlessness, acrimony, anarchy and injustice pervades the land. That is why nothing can be too much to tame the monster, provided it is done within the ambit of the law.
The Federal Government should shun distractions and discordant tunes coming form the beneficiaries of graft. The Attorney-General of the Federation and Minister of Justice should ensure that only trusted, experienced, sound and fearless persons constitute the prosecution legal team. The EFCC, ICPC and the Code of Conduct Tribunal (CCT), should make thorough investigation the hallmark of their operations before the arrest of suspects and build the necessary capacities to thoroughly handle the processes of investigation, arrest and prosecution.
The effect of corruption in the life of the nation is better imagined. Should we then continue in our normal way of life? No, we should not. That is why the anti-graft war should be total. We should all be involved. This, for me, is a patriotic call!
