DSS Gets More Damaging Petitions Against Embattled Judges

• To arraign them next week as NJC speaks on arrests today
• Lai Mohammed: Council hasn’t got monopoly on discipline of judges

Iyobosa Uwugiaren and Tobi Soniyi in Abuja

Amidst the diverse reactions over the arrest of seven judges by the Department of State Services (DSS) for alleged corruption, THISDAY has learnt that several more petitions against the embattled judges have continued to trickle in.

A senior intelligence officer who spoke to THISDAY wednesday, also said that the affected judges would be charged to court next week.

This was as the National Judicial Council ((NJC), which held a two-day meeting on the fate of the embattled judges remained mum yesterday.

A source at the council said that the meeting was concluded yesterday but the NJC was unable to make a statement.

However, he promised that the council would speak on the issue today.

He also confirmed that Justice Walter Onnoghen, who was at the council meeting, was recommended to President Muhammadu Buhari for appointment as the next Chief Justice of Nigeria (CJN)‎.

The judges who were arrested at the weekend and released on bail are: Justices John Inyang Okoro and Sylvester Nwali Ngwuta of the Supreme Court; Justice Muhammad Ladan Tsamiya of the Court of Appeal; Justice Kabiru Auta of the Kano High Court; Justice Mu’azu Pindiga of the Gombe High Court; Justice Ibrahim Auta, Chief Judge of the Federal High Court of Nigeria; and Justice Adeniyi Ademola.

On the fresh petitions flooding into the DSS, the official said: “We are almost through with the investigation. The ongoing investigation is not supposed to go beyond this week.

“We have written the NJC about what has happened and we expect it to take some decisions about the affected judges this week.

“Once that is done, hopefully by next week or thereabout, we should arraign them in court. For now, more facts in the form of petitions are trickling in about the judges.

“It’s like everyone who has had cause to go to court for one reason or the other has been a victim. More facts are trickling in and we cannot ignore them. It is our statutory responsibility to investigate painstakingly every complaint.”

The DSS source added that some “victims” had even indicated their readiness to testify in court against the accused judges, assuring THISDAY that the DSS would do a thorough job, including investigating all the properties linked to them.

“The kind of things we have observed as regards the forms they submitted to the Code of Conduct Bureau is another kettle of fish. We discovered a judge who filled three different forms with different information, either in terms of assets declared or even personal information like age,” the intelligence officer who spoke to THISDAY in confidence volunteered.

“Imagine one judge filling three different forms with different information just to deceive the CCB. Just as I said, we will do a thorough job,” he added.

While several Nigerians and institutions have vehemently condemned the arrest of the judges, others including presidency, the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), have justified the arrests.

The minister spoke in Abuja Tuesday said no one was immune from investigation under the law.

‘NJC Has No Monopoly on Judges’ Discipline’

In a related development, the Minister of Information and Culture, Alhaji Lai Mohammed‎, has said that operatives of the DSS did not violate the law when they raided the residences of the seven judges at the weekend.

Addressing State House correspondents after the Federal Executive Council (FEC) meeting yesterday, Mohammed said the federal government was being careful with its handling of the issue.

Also at the briefing were the Minister of State for Aviation, Hadi Sirika‎ and Minister of Power, Works and Housing, Babatunde Fashola.

Mohammed said the receipt of complaints against erring judges and their discipline were not exclusive to the NJC.

The information minister said: “I want to state clearly that this government believes very much in the doctrine of separation of powers. This government has a lot of respect for the judiciary and for obvious reasons, not just because the constitution says so, and I think probably this is one cabinet that has the highest number of lawyers as ministers.‎”

‎He said it was neither the intention of the president to humiliate the judges, nor the institution of the judiciary.

Asked to react to the perception that the executive was usurping the powers of the NJC by ordering the DSS to arrest the judges, Mohammed said such claims were not correct.

He said: “Again, they have tried to muddle up issues by trying to say that the NJC is the only authority that can attend to complaints and discipline against judges. The answer once again is ‘no’.

“There is a difference: when a judge is accused of professional misconduct, it’s quite different from what is happening now. If you suspect anybody including governors who have immunity, they are still subject to investigation.

“So, I want to make it clear, this government has the highest respect for the judiciary and two, we are not in anyway trying to ridicule the judiciary.

“Three, we are not painting all the judges with the same brush but we also have a duty to fight corruption at whatever level and in doing so, we will do so within the ambit of the law.”

On whether the arrest of the judges did not contravene the principles of separation of powers, the minister said: “I think the federal government is being very careful with the handling of this particular issue. I want to state clearly that this government believes very much in the separation of powers; this government has a lot of respect for the judiciary and for obvious reasons, not just because the constitution says so.

“As at the last count, about 11 or 12 council members are lawyers and we have female lawyers also in the cabinet, and until death robbed us of late (James) Ocholi, we had five SANs (Senior Advocates of Nigeria) in our cabinet and I think this is unique.

“Therefore you can understand the kind of respect we have for the judiciary. And also look at Mr. President, himself, four times he sought to be president, three times it was thwarted and all the three times he took his case to the judiciary.

“So, I can say clearly that this administration has a lot of respect for the judiciary and I think I stand by Mallam Garba Shehu who said we should not confuse the fight against corruption as a fight against the judiciary.

“What the government is concerned and passionate about is to fight corruption. In the process of fighting corruption, it will not be unusual that you may step on some very sensitive toes.

“But the question to ask, and I think this has been adequately answered by the attorney-general, is: one, do judges have immunity? The answer is ‘no’.

“Can judges be arrested? The answer is ‘yes’. Have judges that are serving been arrested in Nigeria? The answer is ‘yes’. Justice Okoli was arrested and tried.”

He maintained that the DSS did not breach any procedure in the arrest of the judges. “Now, the next question to ask is what is the proper procedure for arresting anybody, including judges. There must be properly executed search warrants. Was such presented? The answer again is ‘yes’.

“People have tried to muddle up the facts about when to search a person’s house, but the truth of the matter is that under the new criminal justice law, you can search anybody, anywhere, anytime.

“Unfortunately, people have even brought up issues that are completely irrelevant to the matter. Some people are saying that the reason they went to some particular judge’s house was because the president wants somebody from one part of the country to be Chief Justice of Nigeria. I think that was preposterous.

“I want to assure you that this government has no intention of humiliating the judiciary and as for those who are talking about separation of powers, I think you are stretching it too far.

“I and other members of the executive can be invited by any arm of the government and we will go. So, I think we should situate this thing in the right perspective.

“You were all witnesses in 2015, in Ghana, when 32 judges were caught on tape by journalists asking for bribe. 22 of them were dismissed in one day in Ghana.

“Yes, it is true that what is happening today has probably never happened at this level before, but frankly speaking, and with all due respect, we do not intend to humiliate any judge; we have no intention of humiliating the judiciary, but believe me, what we have done, we have done so within the ambits of the law,” he said.

Also briefing newsmen on the outcome of the FEC meeting, Fashola said the council approved N700 million as cost variation for federal secretariat buildings in six states of the federation.

He listed the states where the secretariats would be sited as Osun, Bayelsa, Nassarawa, Zamfara, Anambra and Gombe States.