After the unfortunate raiding of some highly placed judges’ residence in 2016, the fuss it generated back then is yet to fizzle away and now it has happened again in Kogi State. Has this culture come to stay, KEHINDE OSASONA asks?
Raiding: A tie-back
Sometimes in 2016, the out-gone Attorney General of the Federation and Minister of Justice, Abubakar Malami disclosed that his office ordered the Department of State Services to raid homes of some highly placed judges including justices of the Supreme Court.
Malami made the disclosure when he appeared before the Mr. Garba Dhatti Ad Hoc Committee of the House of Representatives at the National Assembly in Abuja.
The Garba-led committee was saddled with investigating all cases of invasion of property and arrests of persons by the DSS from May 2015 till date.
The AGF had told the committee that there were reasonable grounds to justify the arrest of the judges, saying that it was occasioned by the high number of petitions that had been received by his office, the DSS, the EFCC and other anti-graft agencies.
Citing Section 15 (5) of the 1999 Constitution, he stated that the state had the responsibility to halt all acts of corruption and could deploy any agency with the capacity to achieve that purpose.
Malami also told the session that judges had no immunity against prosecution, adding that there was no requirement of law which stipulated that only the EFCC must investigate financial crimes.
He said, “The state was in receipt of multiple petitions of corrupt practices by the judicial officers and there was further apprehension that if immediate steps were not taken, the possibility of destroying existing evidence that were believed to have been kept within their respective domains would eventually be tampered with.
“Arising from the responsibility created and established by Section 15 of the constitution, the state had to act.
Malami further disclosed how he received reports on the raids.
He said, “The DSS presented a formal report to me before and after effecting the search and arrest; they informed me that the operation will be done at any hour without restriction.
“I had no objection that the operation would be carried out at night because I have taken time to go through the administration of Criminal Justice Act and I was convinced that this operation can be conducted at any hour, any moment without restriction.
“I didn’t have to inform the Inspector-General of Police or Commissioner of Police in the State about the DSS operation because they were also under the same constitutional obligation to act. One of the agencies had investigated, came up with a report and I was convinced.”
More revelations
Meanwhile, after the purported operation, the Department of State Services explained that it recovered over N270m from the houses of the judges it raided.
The agency said this while explaining the reason for its widely-criticized raid, during which over four judges were arrested.
The DSS said N93,558,000.00; $530,087; £25,970; and €5,680 (a total of over N270m) were recovered from three of the judges affected in the raid, which the agency described as a follow up to the outcome of a “special sting operation”.
A senior officer of the security agency, Mr. Abdullahi Garba, divulged to newsmen that the action would be sustained.
Garba said, “The DSS action is in line with its core mandate, as we have been monitoring the expensive and luxurious lifestyle of some of the judges, as well as complaints from the concerned public over judgments obtained fraudulently and on the basis of money paid.
“The judges involved were invited, upon which due diligence was exhibited and their premises searched. The searches have uncovered huge raw cash (sums) of various denominations, local and foreign currencies, with real estate worth several millions of naira and documents affirming unholy acts by these judges.”
While saying some of the judges had made useful statements on the allegations against them, he added that a few of them declined.
He added that in one of the states where the operations were conducted, intelligence report indicated that a judge had the sum of $2m in his house.
Garba said, “When he was approached for due search to be conducted, he in concert with the state governor mobilised thugs against the DSS team.
“The team restrained itself in the face of unbridled provocative activities by those brought in by the governor. Unfortunately, the judge and the governor also engaged the tacit support of a sister security agency.
“The service surveillance team noticed that upon frustrating the operation, the judge, with the active support of the governor, craftily moved the money to an unknown location, which the DSS is currently making efforts to unravel.”
Garba further declared that the current operation would be sustained and followed “till sanity and sanctity are restored to the esteemed third arm of government and public confidence is regained.” He refused to take questions after the briefing.
One raiding, too many
Indeed, very recently , similar incident happened in Kogi state when an High Court Judge, Yunusa Musa, alleged police invasion of his residence to conduct a search without a warrant.
Briefing journalists after the search in Lokoja, Mr Musa of Kogi High Court 5, said that the alleged incident took place at his residence in Lokoja on Monday, July 8, while he was away for work.
According to Musa, the said policemen searched all his rooms, including those of his wife and children, without any form of notice of offence or a search warrant.
“When my wife and children told me about their experiences in the hands of the invading policemen on Monday, I thought they were men of Special Anti Robbery Squad.
“I know I have not committed any offence to warrant such a visit to my house.
“It was in the office, the following day, that I got to know that DCP Polycarp Dibia of Kogi State Police command, Criminal Investigation Department, was behind the invasion over an alleged issue involving my security guard.”
Musa added that the police officer, in a letter dated July 9, 2019, instructed him (Musa) to produce one Nelson over an alleged assault.
“The house is not for my security guard; if the police authority can write to my office, for me to produce the alleged offender, that is to say the police knew that this house is mine, not his.
“I know, by my knowledge of the law, and being on the bench for 20 years, that it is unlawful to search a house without a warrant.
NJC stance
But after the 2016 incident, the National Judicial Council held an emergency meeting and reiterated that it shall continue to support the President Buhari administration in its fight against corruption in all its ramifications in the Federation; and in cleansing the Judiciary of corrupt Judicial Officers.
The body however expressed its grave concern on the invasion of the residences and arrest of some serving and suspended Judicial Officers by the Department of State Services (“DSS”) and condemned the action in its entirety.
The action according to a statement issued by Soji Oye, is a threat to the Independence of the Judiciary and that it portends great danger to democracy.
NBA too
As the issue was still raging, the Nigerian Bar Association (NBA) made its position known at a news briefing addressed by its then president, Abubakar Mahmoud alongside four past presidents – Chief Wole Olanipekun, Dr. Olisa Agbakoba, Mr. J.B. Daudu, and Augustine Alegeh, all SANs.
They also came out to condemn the actions of the agency and they equally demanded the unconditional release of the judges arrested.
Mahmud said, “We call on President Muhammadu Buhari to immediately caution all the state security agencies and to respect the rule of law and follow due process.
“There are established procedures for handling any issue affecting the judicial officers and they should be obeyed.
He added, “Given the unfolding nature of the event and the seriousness of the situation, the NBA hereby declares a state of emergency as it affects the affairs of the judiciary and I hereby constitute a crisis management team, comprising all past presidents of the association.
With the new development in Kogi state, it would not be out of place to say that the temple of justice has once again been desecrated by the state and its agent.
Stakeholders hold the view that if the trend is not checked, it would further dent the human record of the current administration before the comity of nations
