The judiciary in Nigeria is enmeshed in serious dialectics. This is sequel to the invasion, by masked officials of the Department of Security Services DSS, of the homes of some judges across the country, arresting and detaining seven of them on allegations of corruption.
Nigerian Bar Association NBA, civil society groups and other concerned individuals have condemned the commando-style of the abduction in utter disregard of extant regulations on the disciplining of judges- a statutory duty of the National Judicial Council NJC.
There is palpable fear that a dangerous precedent with frightening prospects for compromising the independence of the judiciary and separation of powers was about to set in. But officials of the government including the Attorney-General of the Federation (AGF) have voiced support for the arrests arguing that the action was not an attack on the judiciary but against corruption within the system. They bandied such arguments as: the arrested judges have no immunity against arrests and prosecution; they are not above the law and that the procedure for the arrests was in order since it was backed by warrants of arrest.
No doubt, there is huge corruption within the judiciary. And for that arm of the government to live up to its statutory duties, an urgent purge of the bad eggs within is inevitable. Those who have volunteered opinion on the arrests are not so much worried about judges with allegations of corruption being brought to book. Their worry is that established procedure for carrying out that assignment is being observed in its breach.
Equally in contention is the correctness of the action of the DSS in dabbling into the arrest and detention of judges in flagrant disregard of the rules for such a sensitive assignment. Moreover, the action has all the trappings of impunity; a usurpation of the powers of the NJC and an avoidable intrusion in the affairs of the judiciary by the executive.
It could be another subterfuge by the executive to harass, intimidate and cow the judiciary to do its bidding. This prospect is further reinforced when it is realized that the DSS is an organ of the executive domiciled in the presidency. Being an agency of the executive, its neutrality and impartiality in the matter is suspect.
Moreover, the laws creating the DSS charged it with the responsibility for the prevention and detection within Nigeria of “any crime against internal security of Nigeria”. It remains to be seen how allegations of corruption within the judiciary could be reasonably construed as a ‘crime against internal security of Nigeria’ warranting that kind of assault, unless the term is interpreted in a very loose sense.
So, it is not just a matter of whether the DSS has a search warrant as government officials are wont to argue. Neither is it the issue of whether there has been a history of the arrest of a judge in this country. It also has nothing to do with whether judges have immunity against arrests and prosecution or not. These are not the reasons for the trepidation, suspicion and fury that have trailed that onslaught.
The point is that by arresting and detaining serving judges outside of the recommendations of the NJC, the DSS merely embarked on a voyage smacking of nothing but impunity. Not only did it dabble into an unfamiliar turf, it has by that action seemingly presumed the judges guilty of the alleged offence even when they are still to face trials. That was the position the agency must have found itself that it had to release the judges on bail without delay.
A judge so publicly exposed and disgraced cannot in all fairness go back to his job and command respect even when the court discharges him of the alleged breach. Or are we to assume as has been speculated in sections of the media that a return of some of them to their former positions has already been foreclosed? If this is so, then they have already been convicted before their arrests. And we ask by which institution: those that arrested them, their accusers or the courts? That is the uncanny dilemma brought to the fore by the manner of the arrests. And the government will find it hard to resolve no matter how had it tries.
The executive should have sufficiently interfaced with the leadership of the NJC, on a seamless way of contending with allegations of corruption within the nation’s judiciary where such exist. But from the accounts of that judicial body, all allegations of corruption and professional misconduct directed to it have been duly treated. So one is amazed at the claims that the DSS acted in the way it did for lack of cooperation from that body.
In its reaction at the weekend, the NJC did not only put a lie to the claims by the DSS and government apologists but described the arrests and detention as an attempt to humiliate, intimidate, denigrate and cow the judiciary. This is very ominous and we cannot agree any less. For, nothing prevents a government that nurses some grouse with some judge hiding under the same subterfuge to decapitate the judiciary. And when this happens, democracy will be greatly imperiled.
The NJC said contrary to claims, all petitions sent to it have been attended to and challenged the DSS to make public the names of judicial officials with petitions against them for which no action has been taken. It therefore views the action of the DSS as an assault on the entire judiciary. It is easy to discern between the DSS and the NJC who is telling the truth. Sadly, the harm has already been done and the nation exposed to ridicule in the eyes of the world.
The case of Ghana where 20 judges were sacked not long ago has been cited to justify the action of the DSS. But those who raise this misled the public when they deliberately refused to highlight the sequence of events leading to the sacking of those judges. The judges were first suspended by Ghana’s National Judicial Council and a panel set up to investigate alleged infractions against them. Those sacked were found guilty by that country’s judicial council.
That is precisely the direction that should have been fully explored here. It was seamless as it complied with extant rules and Ghanaians took them in good faith. The subversion of that process by the DSS and the contradictions it has thrown up are the issues we are contending with.
It would appear the current face-off is a product of impatience with the system of government we operate. We need to pause for a while, take a decision as to the governmental framework we actually run. We need to satisfy ourselves that what we are running is democracy with extant rules of engagement. If we come to terms with the reality that this is a democracy and not benevolent dictatorship, then we must be patient with its nuances, some of which may appear winding and slow in action.
That appears to be the missing link. Impatience with established ways of conduct; shortcuts and quick-fixes account in the main, for the inability of democracy to take root and flourish on these shores. The issue is not as much with the system adopted as the dispositions and attitude of those who operate it. The difference lies in the patience of Ghanaian authorities with extant rules in contradistinction with the impatience and impunity of the DSS. The difference is in the people. That is the uncanny dialectics.
For now, there appears a standoff between the NJC and the DSS. It would also seem the DSS has stirred the hornets’ nest and it remains to be seen how it can proceed with the matter in the days ahead. But the NJC must be bold, firm and resolute insisting on strict adherence to due process in handling petitions. Else, we create a monster that will turn around and consume us in the guise of fighting corruption. In saner climes, someone will suffer for this monumental national embarrassment and act of indiscretion. But not here!
No comments:
Post a Comment