Wednesday 12 October, 2016
Retired Major-General Muhammadu Buhari who committed treason against Nigerian Government on December 31, 1983, but was rewarded with the presidency after 32 years of his inglorious anti-democratic acts has been running riots on some fearless and sagacious Judges in the past few days. Using an agency that is not recognized by the Nigerian Constitution, Buhari has unleashed atrocious illegality on members of the Nigerian Bench. It is on record that the Department of State Services (DSS), which Buhari is using to perform this criminal act of kidnapping of Judges, is not listed on any of the 320 sections and seven schedules of the Nigerian Constitution. On the contrary, Buhari ignores the Nigeria Police Force exclusively and exhaustively recognized in Section-214 to Section-216 of the Constitution. But why is Buhari using the DSS to kidnap, harass, intimidate and falsely incriminate these Judges?
The Indigenous People of Biafra (IPOB) can authoritatively report that irrefutable evidence has emerged regarding the smokescreen intimidation of Judges in the name of fighting corruption. It should be placed on record that the trigger for the arrest of the Hon Justice A. F. A. Ademola and other reputable Judges had nothing to do with election results but rather the fact that Nnamdi Kanu filed contempt of court proceedings against the Buhari regime which as the presiding Judge in the original case, Justice Ademola was legally bound to hear in his court. We do recall that only on Friday the 7th of October 2016, Justice Ademola issued two rulings in a case brought against DSS by two persons whose fundamental human rights were abused because they were illegally detained by the same DSS. The Hon. Justice Ademola awarded 20 Million Naira and 10 Million Naira respectively to the complainants.
The timing of the arrest of Justice Ademola is troubling because the DSS know that he is covered by what is termed “Constitutional Immunity” which means that you cannot arrest a sitting Judge over his rulings but rather you appeal against it. This is elementary law that even a peanut seller in the village should know.
If the Buhari regime thinks that the order of unconditional release made by Justice Ademola was preposterously obtained by fraud or corruption, then the next logical line would have been for Buhari to appeal Justice Ademola's judgement. But because Buhari and his co-travelers have no grounds to stand on, they chose this smear campaign with the help of some legal turncoats like Femi Falana who claim to be legal gurus yet a simple case of constitutional immunity eludes them.
We ask the DSS this simple question; If at all Justice Ademola corruptly delivered a judgement for Kanu to be released unconditionally, why is it that the government did not make available their evidence at the appeal court which is the natural arena to challenge his rulings rather than deceiving the gullible public with a supposed “sting operation”? Just today, 11th of October 2016 at the Federal High Court Abuja, IPOB can reliably inform the world that the Registrar of Court 7, Mr. Kenneth Gudugu was ordered by the DSS to march to their office to deposit copies of the rulings of Justice Ademola on the cases of Nnamdi Kanu and Sambo Dasuki.
In the meantime, the DSS already have these documents in their file, so why are they harassing a fearless Judge like Justice Ademola and other judicial officers who refused to be intimidated by the DSS? We posit unarguably that the Hon Justice A. F. A. Ademola should be celebrated not unconstitutionally and tyrannically ridiculed for his bravery in standing up against the evils of the Buhari regime.
On the other hand, the very corrupt John Tsoho who lied under judicial oath whilst making a complete mess of himself and the law through his blatant lies and contradictory ruling is still serving as a Judge. It seems the only criterion that qualifies a person as a corrupt Judge is when you rule against Buhari and his unconstitutional DSS. It is regrettable that good men have continued to keep quiet as the reign of terror continues from Buhari who not only committed treason in 1983 but also violated Nigeria’s electoral law by contesting for the presidency without having the minimum educational qualification of West African School Certificate (W.A.S.C).
It is heart-wrenching that those who call themselves “foremost constitutional lawyers” with SAN-ship and professorial accolades cannot step up to stem this drift into anarchy orchestrated by a gang of illiterate and ethnic-cum-religious bigots. Does it really prick the conscience of these abettors of illegality when they know that the DSS has no constitutional mandate to foray into corruption cases nor are they constitutionally empowered to investigate and prosecute judicial officers?
For the avoidance of doubt, the National Judicial Council (NJC) is brought into existence courtesy of Section-153(1-i) of the Constitution. Furthermore, Section-21(g) of the Third Schedule of the Constitution empowers the NJC to “appoint, dismiss and exercise disciplinary control over” judicial officers. And above all, Section-158(1) of the Constitution states that the NJC “in exercising its power to make appointments or to exercise disciplinary control over persons, shall not be subject to the direction or control of any other authority or person.” Meaning that not even Buhari, to whom the DSS report, can direct or control the duties and responsibilities of the NJC, especially in the areas of disciplinary control of judicial officers.
And to cap it all, Section-1(3) of the Constitution states that “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.” This effectively nullifies any rationalization that could be adduced from Section-2(3) of CAP N74 L.F.N. 2004 which the DSS may rely upon for their nefarious activities.
In summary, the recent brigandage by the DSS against the Hon Justice A. F. A. Ademola and his co-fearless Judges is a camouflage to arm-twist these Judges as they adjudicate on the Nnamdi Kanu versus DSS case which the latter is bound to lose. That is the real reason why the DSS is running riot albeit illegally on these upright Judges.
But at the end, we (IPOB) shall win, and the blessed nation of Biafra shall be restored.
Barrister Emma Nmezu
Dr. Clifford Chukwuemeka Iroanya
Spokespersons for IPOB