ARREST OF JUDGES: IT’S A MOCKERY OF THE RULE OF LAW

Nigeria, Oct 12, 2046 – A human rights group, Campaign for Constitutionalism and Human Rights (CCHR) has condemned the nocturnal invasion of homes of judges by operatives of the Department of State Security (DSS), describing the development as an act of impunity, national embarrassment and mockery of the rule of law.

In a statement, Executive Secretary of CCHR, Mrs. Toyin Raheem noted that the judges ought to have first been invited.

“The action of the DSS is tantamount to impunity and a mockery rules of law and national embarrassment’’, CCHR said.

“Serving judges are intellectual and learned men that understand what rules of law entails and ought to have been invited in the first instance if there is any need for the involvement of DSS which is doubtful. Respect of the rules of law and constitutionalism is sacrosanct and cannot for any reason be ignored or sacrificed in order to fight any cause”, the group said.

It added that the position of the law is that the accused is presumed innocent until proven otherwise.

“Apart from the fact that DSS function is to deal with any issue that threatens the SECURITY of the Country. DSS by its action had already declared the judges guilty which is against their rights to fair hearing and seems to have forgotten that the onus of proof lies on them, the DSS”, the group said.

It added: “The usurpation of power of EFCC by DSS is an illegality and to us at CCHR, no cogent reasons had even been given by DSS on this brazen act of lawlessness displayed.. No individual or agency is above the law.

“Without mincing words , we at CCHR and our sister organization , Campaign Against Corruption and Bad Governance (CACOBAG) are involved in the fight against corruption , the cankerworm that is threatening Nigeria’s survival and do concur that some elements in the judiciary stinks with putrid odour of corruption”, it noted.

The group acknowledged that the fight against corruption should not have any sacred cow but that Nigeria should not create the impression that it is a banana republic with no respect for the rule of law, morality and fundamental human rights.

On DSS Claims of ostentatious lifestyle of arrested judges and abuse of power and misconduct, the CCHR said the question to ask is how does any of these claims fall within the functions of specialized office of DSS

“It was not on record that any of the judges was invited and refused to honour the invitation. Judges are under National Judicial Council NJC which is empowered to discipline any erring judges.

“This power the NJC utilized recently. Therefore misconduct and abuse of office are for NJC TO investigate and determine the stipulated punishment for such offence if found guilty. The issue of high style of living and allegations of corruption are for EFCC to investigate, invite and or arrest and prosecute if need be .The EFCC act is very clear about this.. DSS has no power to usurp function of EFCC and or NJC”, it said.

It described the act by DSS as barbaric, unconstitutional and illegal that should not be condoned by Nigerians.

“We are also aligning with Nigeria Bar Association NBA, Judiciary Staff of Nigeria, JUSON and National Judicial Council in all lawful actions to be taken to check this brazen act and bring all officers involved to book.

“There is no doubt that the presidency should let Nigerians know if the illegality perpetrated by DSS does not have the president Imprimatur’’, the group said.