BUHARI’S ANTI- CORRUPTION WAR; THE ARREST OF JUDGES – A LITMUS TEST FOR THE JUDICIARY

The Nigeria anti-corruption war took another dimension on October 7^th and 8^th as the Department of State Security pounce on some Nigeria judges across six states. The arrest which involves Federal judges and honorable judges of the Supreme Court, these Judges were arrested for “corruption”.

Supreme Court judges, Inyang Okoro and Sylvester Ngwuta were arrested in Abuja. Federal High Court judge, Adeniyi Ademola, and his Court of Appeal counterpart, Mohammed Tsamiya, were also arrested in Abuja. Others arrested included, Kabir Auta, Kano State; Muazu Pindiga, Gombe State; and Innocent Umezulike in Enugu State. The SSS said a huge stash of money was recovered from the judges’ homes.

The clampdown sent shockwaves through the polity, with supporters and antagonists of the SSS falling over themselves to offer opinions that support their respective stance. The unprecedented action is part of radical measures the administration has resorted to in its fight to contain endemic corruption in the country.

Hours after the operation, President Buhari told Nigerians that he was not waging a war against the judiciary as an institution but corrupt elements therein. But the National Judicial Council, which traditionally exercised discretion over disciplinary action against serving judges, disagreed. The body, after a two-day deliberation, said the SSS’ action was an affront to the rule of law and the principle of separation of powers. The NJC also said the tactics deployed by the SSS was reckless and could serve as an opening for armed bandits to raid their homes in future.

Though the DSS action might be unparalleled as it has broken the mythology of the sacrosanct authority of the judge in Nigerian affairs, but the fact is that the judges must be able to give clear evidence to prove their case as they have been alleged.

For couple of years now, Nigeria Judiciary have soil their hands in corruption. Countless of cases have arose that make common Nigerian to lose their hope in our judiciary. It is only in Nigeria that a judge will penalize corrupt officials that misappropriate public fund and ask them to pay peanut compare to the amount looted.

We will all recall the former Pension Reform Task Team, PRTT, Chairman, Alhaji Abdulrasheed Maina that embezzle the pensioners fund and he was asked to pay 750,000.00 compared to over 195billion naira misappropriated.
Why I commend the DSS for taking this bold step to interfere in the misconduct and evil activities going on in the judiciary, but the question is, why does it take the Department of State Security Services so long before unravel this menace in the judiciary?        

It is high time the NJC must suspend the arrested judges immediately since the DSS found the evidence of the proceeds of corruption and the AGF has prepared the court processes for filing. This is the standard procedure worldwide. This is to preserve the sanctity of the bench as the judges would be arraigned in court any moment. If they are arraigned as sitting Judges, it would cause a great embarrassment to the judiciary.

The judges will still wield considerable influence and power if they are not suspended and this will make a mockery of our anti-corruption war as those who need favours from them in an ongoing matter may undermine the efforts of the anti-graft agency.

If the NJC, as the moral arm of the judiciary, fails to suspend them immediately with the exhibits discovered in their possession, the NJC would be seen as having been compromised and this would be a dangerous precedence for the country. People have already lost confidence in the NJC due to the numerous petitions which were never given fair hearing or action. It must seize this opportunity to fulfill its objectives as a disciplinary body.

The Nigeria Bar Association has also advised the alleged judges to excuse themselves until they have been absolved of the allegations of judicial corruption leveled against them, their stance was made known upon a further review of the circumstances surrounding the arrest and the large sums of money recovered from the homes of some of the judges.

The NJC must suspend the judges without further delay to restore its integrity and image. Judges should realize that the position they hold commands high moral expectations and if they give any reason, whatsoever, for their integrity to be in doubt, they must step down till they have been cleared beyond any reasonable doubt.

For the Minister of Justice and Attorney General of the Federation to have collected enough evidence to file a case against the judges in a confirmation of a prima facie case, hence the NJC should take this seriously and act.

The international community is watching Nigeria to see how this matter will play out. Ghana suspended their judges once they commenced investigation. If this was in Europe or North America, there would be no delay in their suspension.

Nigeria is a signatory to various anti-corruption treaties. We must use this case to show the world that we are sincere with the anti-graft war. It is important for the NJC to adopt zero tolerance for corruption. This stance should be demonstrated by the suspension of the judges so that the judiciary would be saved from a downward trajectory. Corruption is endemic in Nigeria and we must go all the way to clean the system