Thursday 13 October, 2016
Undeniable observations has spontaneously erupted concerning the motive behind the recent clampdown, camouflaged intimidation, harassment and arrest of Nigerian judges who had justly ruled against the favour of the federal government, in the name of fighting corruption.
The impudent and violent invasion of the judges' houses, and their unlawful arrest which occurred at unholy hours of 7th and 8th October, 2016 by agents of the DSS, saw reputable judges such as Justices Nnamdi Dimgba, Adeniyi Ademola and Sylvester Nguta arrested over alleged corruption practices, in the agency’s net which was carried out without justification but to cajole them into compromising their stand in favour of the Buhari government in future judgments.
The offence of which the judges are accused or suspected of are offences of receiving bribe to pervert or obstruct the course of justice. These are clearly actions purported to be done in the course of judicial capacity. However, they are matters within the purview of the powers of the National Judicial Council (NJC) which is the body saddled with the duty of disciplining erring judges and handling allegations of corruption in the judiciary and not within the constitutional powers of the DSS to execute.
Read also:Biafra:Breaking!! Buhari Orders DSS' To Steal Nnamdi Kanu’s Case File From The Court Registrar: Threatens Justice Ademola To Jail Nnamdi Kanu In Exchange For His Freedom
When a judge is alleged to have committed a crime under his office or when executing his legal duties as a judge, that he can be summarily arrested and detained just like Buhari is doing using the DSS, is unconstitutional and condemnable.
If a judge participates in armed robbery, murder, drug trafficking, or even money laundering, he can be arrested just like any other culprit but if the crime was allegedly committed in the course of the discharge of his duties as a judge, then by the extant provision of section 21(a) of third schedule of the Nigerian constitution, it is the NJC that has the power to discipline him or her, and such discipline may involve his suspension, dismissal or recommendation that he be prosecuted in court. That is what is obtainable in the law, not illegal abduction or arbitrary arrests. If they do not like the law, then we can try anarchy.
We have it on good records that the reason for the uwarranted and illegal arrest of Justice Ademola and other like-minded judges have no connection with their election result judgments as alleged but rather, it was purely based on grounds of Nnamdi Kanu’s appeal of contempt of the court proceedings against President Buhari’s defiance in obeying an existing court order of the judge, granting the former bail last year December.
Read also:BIAFRA: BUHARI’S DEPARTMENT OF STATE SERVICES (DSS) HAVE OVERSTEPPED THEIR BOUNDARIES: TIME TO REPEAL CAP N74 L. F. N. 2004 AND DISBAND THE DSS
Similarly, the reason for the arrest of Justice Nnamdi Dimgba of the Federal High Court Abuja, can be deduced from his strong assertion that his court will no longer grant applications or reliefs to the government agency pending their compliance with previous court orders of which did not go down well with Buhari and the DSS.
Dimgba showed dissatisfaction towards the DSS after several blatant flouting and noncompliance of court orders. It looks as if the government have serious issues with obeying simple court orders handed down by courts of competent jurisdiction.
In conjunction to the above assertion made by Justice Dimgba, the case of Nnamdi Kanu is a clear example to that effect. Nnamdi Kanu has been in illegal detention since October last year. He was arraigned and has not being found guilty of all the phantom charges levied against him. Due to lack of irresistible evidence against him, Kanu was granted bail by the Magistrate and Federal High Courts. To crown it all, he was "discharged and acquitted unconditionally" by two distinct competent courts of which Justice A.F.A Ademola was the presiding judge in one of them. Puzzling up till this moment, those orders by two sovereign courts are yet to be obeyed by the DSS.
Read also:BIAFRA: FROM PERSECUTING BIAFRANS TO JUDGES; DICTATOR BUHARI SLEEPWALKS TO ICC’S NET
Information we reliably gathered has it on good fate that last week Friday 7th October, 2016, the same Justice Ademola gave out judgements in a case filed against the DSS by two individuals whose fundamental human rights were violated owing to their illegally detention by the government agency. Ademola awarded fines as costs against the government to the complainants whose legal rights were trampled upon.
Ademola was brutally harrased and arrested even when the government is aware that he is constitutionally immune to arrest on the basis of his judgments which were not favourable to them. The right thing they should have done is to file a counter appeal against his rulings at the appellate court. But for the fact that we are under a government which has little or no regard to the rule of law or constituted independent institutions, they rather choose to neglect the law and go the jungle way.
IPOB intelligence also revealed that on 11th of October, operatives of the DSS stormed the Court 7 Division of the FCT High Court, demanding copies of Justice Ademola's court rulings in Kanu's and Dasuki's case from the court Registrar, Mr. Kenneth I. Gudugu even when they were duely served with their own copies of the rulings. Therefore the rationale behind Justice Ademola's harassment and intimidation by agents of the DSS is not unconnected to his unbiased, fearless and strong stance of compliance to the rule of law which obviously the federal government detests.
Read also:Biafra: I will Not Release You If You Don't Obey Me Like John Tsoho: Jail Nnamdi Kanu For Me...Buhari Warns Justice Ademola
Buhari through his legal representatives could have chosen to appeal against his judgment for Nnamdi Kanu's release if he feels that it was unmerited rather than being backed by compromised and unprofessional legal officers like Femi Falana whose consciousness has been eroded by moneybags. They have totally shunned providing evidences against his release by deploying all mannerless and irrational antics in order to prolong his trial.
Meanwhile, the very corrupt John Tsoho who lied under judicial oath and almost completely bastardized the Nigerian judiciary through his biased and inconsistent rulings is still roaming about out there without prosecution or arrest by the agency.
Justice Tsoho destroyed the professional ethics of law, he sold his dignity as a judge by conniving with the dubious maximum dictator in Nigeria's helm of affairs, Muhammadu Buhari to deny Nnamdi Kanu bail because of material gains.
Read also:Nigerian Judges Boycott Courts In Solidarity With Detained Justice A.F.A Ademola, The Former Judge Of Kanu’s Case
The judiciary which is the hope of the hopeless is now the fear of the hopeless when corrupt and compromised judges like Justice Tsoho is still in active service in a democratic dispensation. It now appears that the only yardstick to determine a corrupt judge is when he or she rules against the government in power. It feels absolutely absurd for one to wonder when DSS has become the NJC or the EFCC for that matter, that they now move in the thick of darkness to do their work?
All that Buhari is doing now simply proves that Nnamdi Kanu has suffocated him with the truth. Hence his recent clampdown, arrest and intimidation of the judges to bring them under perpetual subjugation.
The ECOWAS Court of Justice is yet to give their final judgement on the suit filed before it by Kanu’s legal officers but Buhari in his delusional imagination thinks his clampdown on judges would make them deviate from the norms they have swore to uphold and then award him favours. Buhari is unaware that even the domestic courts are not to be maneuvred by his gimmicks and threats, not to talk of the independent ECOWAS court.
Read also:Biafra: Nnamdi Kanu Is A Threat To My Government And Obstacle To Islamize Biafrans, I Cannot Release Him"--Buhari
How can Buhari and his goons in the DSS lose sight of the long arm of the rule of law and infringing on people's fundamental rights with such impunity, all in the name of fighting 'corruption' which should start from him anyway because corruption is endemic in his household. He sleeps, wine and dines with corruption yet he chooses to neglect the corruption growing like an 'iroko tree' in his backyard.
It is no news that the rampage on judiciary is to deter, impede, influence and persuade them to tread on the path which is against the ethics of law.
Men of goodwill should arise to stop this tyranny. How long will this unabated miscarriages of justice be allowed to continue? IPOB is beckoning upon all people of goodwill, human rights organizations and international communities to shun the tyrant parading as anti-corruption crusader in Nigeria. Fundamental human rights is inalienable and must not be infringed upon.
By Anyikwa Kelechi Cynthia
Edited By Chukwuemeka Chimerue
Published By Nwosu C.S
For Biafra Writers.