The group, known as the Rule of Law-Nigeria Listserv (RoL), proposed that the Independent Panel be convened by the National Assembly to ensure its independence from both the Executive and Judiciary.
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| Nigeria Judges |
A civic platform, notable rights activists among them, has called for the establishment of an Independent Panel to interrogate the lingering face-off between the Executive and Judicial arms of government over the recent arrest of judges suspected of corruption.
The group, known as the Rule of Law-Nigeria Listserv (RoL), proposed that the Independent Panel be convened by the National Assembly to ensure its independence from both the Executive and Judiciary, which are the contending parties.
A statement on Wednesday described RoL Listserv as “a civic platform comprising Nigerians from all walks of life who, through debate, discourse and civic action, seek to advance public service and accountable governance in Nigeria through fair, non-discriminatory and effective application of laws.” Moderated by former Nigerian Bar Association (NBA) Vice President and Chair of NBA Human Rights Institute, Ikeazor Akaraiwe, the group's members include Kemi Gbadebo, Kehinde Ogunwumiju, Ayo Obe, Dr. Joan Oviawe and Stella Ugboma OFR. Others are Charles O. Ayaunor, KOP Odidika, Ozioma Izuora, Chike Okoye, Godswill Iyoke, Zeal Akaraiwe, Victoria Ibezim-Ohaeri and Okechukwu Arikibe.
The group took exception to the recent midnight invasion of the judges homes by operatives of the Department of State Security (DSS). But it also noted that the challenge of corruption in the Judiciary and ineffectiveness of the National Judicial Council (NJC) in dealing with that challenge exposed the institution to such assault. It urged the NJC as well as NBA to strengthen their internal disciplinary mechanisms or face up to the Judiciary being trampled upon.
It said in its 14-point statement: “In respect of the recent midnight arrests of judges on grounds of corruption by the Directorate of State Security (DSS), RoL observes that corruption in Nigeria is cancerous, and must be fought with all vigour; indeed, double vigour in the justice delivery sector, given the criticality of that sector.
“However, the fight against corruption must be within the perimeters and parameters of the rule of law. In this regard, RoL commends the government of President Muhammadu Buhari for its tireless commitment to reducing corruption in the body polity.
“RoL observes, however, that the events in relation to the raids on the homes of several judges of superior courts of record and their subsequent detention appear to cast doubt on the extent to which President Buhari's assurances in the build-up to the last elections, to the effect that he was now a convinced democrat who had left his dictatorial past behind him, of which the President was at pains to assure Nigerians, have value.”
The group was unsparing on the Judiciary for its ordeal at the hands of DSS operatives. It said that “blame for the intervention by the Directorate of State Security (DSS) must be laid in part at the feet of the NJC and the legal profession at large. As the African aphorism goes, ‘it is only when an Iroko tree falls that a goat may climb it.’ The judicial Iroko tree appears to have long since fallen in the eyes of many, including legal practitioners and judges, and it was a matter of time that the proverbial goat would trample over it.”
It, however, added in its statement: “RoL observes that fine and incorruptible judges abound in Nigeria, but the increasing impunity of corrupt judges has afflicted the entire justice delivery sector with disrespect, cynicism or studied indifference by the citizenry.
“RoL observes also that the National Judicial Council (NJC) is perceived to be weak and effete; a sort of old boys’ club by her traditional handling of complaints against judicial officers – a perception which also applies to the Legal Practitioners Disciplinary Committee of the NBA (LPDC). It is this perception that has played out in the government more or less bypassing the NJC and going for the jugular, so to speak. The NJC and the NBA are hereby called upon to further awaken their internal disciplinary mechanisms or prepare to be trampled upon.”
Still, the group thinks the DSS crackdown went overboard. Its statement said: “RoL is of the view that the DSS should have employed more respect for the judicial institution, to say the very least, while carrying out their mandate unwaveringly.
“A contrary argument is that invitation to judges would have served as a warning signal to those who were actually corrupt to eliminate physical evidence of corruption. The solution therefore was for the DSS or ICPC or EFCC (whichever is appropriate) to call on them in chambers or at home, respectfully invite them immediately but in daylight, within reasonable hours; and execute search warrants on them, if need be.
“RoL observes that the manner of the arrests, midnight raids with sledgehammers and broken doors, is likely to weaken respect for the judiciary as an institution in the eyes of right-thinking members of the public, and will undoubtedly raise doubts as to the impartiality of any judge called upon to adjudicate between the state and citizens in the future (particularly in matters perceived to be political).
“Indeed, the manner of arrests (not the fact of arrest itself) appear intended to weaken the only institution with the constitutional authority to check the traditional dictatorial proclivities of Nigeria's Federal Governments, manifest since the advent of the 4th Republic in 1999.
“RoL further observes that the actions of the DSS (custodians of the nation's security intelligence) outlined above, appears to constitute a vote of no-confidence on the Nigerian Police, EFCC and the ICPC. Furthermore, the DSS being affected by some of the bail orders issued by some of the affected judges leaves open the possibility that by taking centre stage in these arrests, they are judges in their own cause: nemo judex in causa sua."
The group’s recommendation is: “That an Independent Committee/Panel (of the National Assembly) be set up to investigate the issue. This committee should ideally hear from both sides (DSS and NJC), all actors (the politicians and judges mentioned) and any member of the public with useful/helpful information. The sitting of the Independent Committee/Panel should be in public.
“RoL is of the view that the National Assembly, warts and all, is best positioned in the circumstances to set up an Independent Committee with a measure of independence from the Executive and the Judiciary; the setting up of such a committee being, perhaps, the only way to restore integrity to the judicial process and the Executive arm of government especially.”
