In the aftermath of the sensational raid of 15 judges nationwide for alleged corruption by the Department of State Services (DSS), evidence has emerged that the investigation into the judges began several months back in spite of strong opposition by the National Judicial Council (NJC) on the grounds of separation of powers and rule of law.
Correspondence obtained by THISDAY reveals that it was the refusal by the NJC to cooperate in the investigation that prompted the late-night crackdown on the judges at the weekend.
The NJC had, in no unclear terms, rebuffed the offer of the DSS, stating it was not amenable to “invitations being extended to judicial officers by departments and agencies of government for any reason”.
Preparatory to their arrests, the DSS on October 5, 2016, had obtained search warrants from a magistrate’s court in Abuja for Justices Nnamdi Dimgba, Sylvester Nwali Ngwuta, A.A. Ademola and John Inyang Okoro.
The DSS was empowered to comb the residences of the judges alleged to have engaged in corrupt practices, falsehood and under-declaration of assets.
A number of letters between the NJC and DSS, showed the reluctance by the NJC to co-operate in the corruption investigation of the judges.
In one letter dated April 19, 2016, the NJC through its secretary, Mr. Danladi Halilu, on behalf of the CJN, wrote to the DSS, acknowledging its letter titled, Re: Corrupt Practices of Justice Pindiga, which was dated February, 26, 2016.
“I have been directed to inform you that your complaint has not complied with the extant Judicial Discipline Regulation 2014 of the Council, as it was not accompanied with a verifying affidavit deposed to by you before a court of record…”
After several rejections, the DSS on September 14, 2016 responded angrily, first reprimanding the NJC for having the temerity to address the DG of DSS, Mr. L.M. Daura by his name, in one of its letters.
The DSS reminded the council that under the provisions of the Nigerian Constitution, “only the president, vice-president and sitting governors and their deputies are conferred with immunity”, which does not exempt them from “criminal or security investigation”.
Meanwhile, the seven judges, including two of the Supreme Court – Justices Okoro and Ngwuta – who were arrested over the two-day raid, have been released.
Others that were released by the DSS include Justice Muhammad Ladan Tsamiya of the Court of Appeal; Justice Kabiru Auta in Kano; Justice Mu’azu Pindiga who was arrested in Gombe; the Chief Judge of the Federal High Court of Nigeria, Justice Ibrahim Auta; and Justice Adeniyi Ademola.
They were released on self-recognition Sunday night and reported to the DSS office on Monday as directed.
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