NBA Got It Wrong, I Stand With The DSS

By Kelvin Adegbenga

“Nigerians condemn NBA’s threat over judges’ arrest” Premium Times‎; “Buhari’s DSS boys go crazy – Arrest over four top judges in Abuja” Punch Newspaper; “Dino Melaye blasts DSS over arrest of judges” Daily Post“DSS gestapo invasion of judges’ residences, threat to Democracy – Fayose” Vanguard were the major headlines on the arrest of some Judges by the DSS.

Generally speaking corruption is defined as the abuse of entrusted power for private gain. Corruption can be classified as grand, petty and political, depending on the amounts of money lost and the sector where it occurs.

Grand corruption consists of acts committed at a high level of government that distort policies or the central functioning of the state, enabling leaders to benefit at the expense of the public good.

Petty corruption refers to everyday abuse of entrusted power by low- and mid-level public officials in their interactions with ordinary citizens, who often are trying to access basic goods or services in places like hospitals, schools, police departments and other agencies.

Political corruption is a manipulation of policies, institutions and rules of procedure in the allocation of resources and financing by political decision makers, who abuse their position to sustain their power, status and wealth.

Of all statements issued by many groups and individuals, that of the Nigeria Bar Association (NBA) was the most embarrassing to me. It is an indication that corruption is fighting back against the anti-corruption campaign of the Buhari administration.

The action of NBA had vindicated President Buhari, who had said that the Judiciary was a major hindrance to the fight against corruption.

I am not sure I understand why the NBA is asking the Federal Government to order the immediate release of some Judges that have been arrested over allegations of corruption.

Is it unlawful to investigate a Judge on allegations of corruption? Or are our laws meant to be obeyed by some people while others breach them and go free? Do Judges also enjoy immunity under our laws? Are Judges not subject to our laws? Is there no rule of law here or are Judges above the law?”

It is really a shame that a respected legal body, such as NBA, would allow itself to be used by corrupt politicians to achieve their goals.

This is a legal issue; all I expected of NBA during their press conference was for them to clearly quote the various Sections of the Constitution that prohibit security agencies from investigating and arresting judges.”

If the NBA says that it is not the responsibility of Department of State Security Service (DSS) to arrest judges, then I will remind the NBA that Instrument No. 1 of 1999 relating to the General Duties of the SSS as set out in Section 2-(3) of the Decree’s objectives the empowers the DSS to arrest people, including Judges on Economic crimes.

In 1999, in order to give the SSS more bite and re-position it for greater efficiency, Gen Abdulsalami Abubakar, (Rtd) in exercise of his powers as President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, by virtue of Instrument No. 1 of 1999 relating to the General Duties of the SSS as set out in Section 2-(3) of the Decree’s objectives, the SSS at this point, was mandated to carry out the following functions amongst others:

(i) Prevention, detection and investigation of:

– Threat of Espionage;

– Threat of Subversion;

– Threat of Sabotage;

– Economic Crimes of National Security dimension;

– Terrorist activities;

– Separatist agitations and inter-group conflicts;

– Threat to law and order

I am apprehensive that the Nigeria Bar Association (NBA) could close her eyes to Instrument No. 1 of 1999 relating to the General Duties of the SSS as set out in Section 2-(3) of the Decree’s objectives.

The impression the NBA President gave was that President Buhari was behind the arrest. I want him to know that the President Buhari I know will not do anything to undermine the independence of the Judiciary. President Buhari is a committed democrat; he will never take any action in violation of the Constitution.

If the Nigeria Bar Association is not pleased with the Department of State Security Service (DSS); which I am sure has gone through all due processes of the law, including the possession of search and arrest warrants duly obtained before the searches, they can sue the Department of State Security Service (DSS).

The NBA should know that the execution of a search warrant does not require the presence of a lawyer. Even at that, I learnt that one of the Judges invited his lawyer who examined the warrant and asked him to cooperate with the DSS operatives.    

I am aware that the Department of State Security Service (DSS) had exchanged correspondence with the National Judicial Council (NJC) and Federal Ministry of Justice to invite the Judges for investigation in a less dramatic way. The Ministry of Justice complied but the National Judicial Council (NJC) refused.

It will be recalled that two weeks ago, the NJC submitted the names of three Judges for sanctions. By what the NJC told the press, one of the Judges, Justice Mohammed Ladan Tsamiya, only demanded N200million from a litigant, but the information from the Department of State Security Service (DSS) discovered that Justice Mohammed Ladan Tsamiya, actual took the money.

The NJC asked the Appeal Court Justice to be paying back the N200million instalmentally. Is that punishment proportionate to the offence? The NJC went ahead to give such a judge soft landing. That in itself is corruption. Other officers were to be retired. Then, what happens to the proceeds of the crimes committed? How is that action going to stop corruption?

I thereby urged the Nigeria Bar Association (NBA) including the National Judicial Council (NJC) to support the Anti-corruption war of this administration instead of supporting corrupt Judges whom has been undermining our great Country.

It is time to eliminate corruption in every facet of our lives. God Bless Nigeria.

Kelvin Adegbenga is a freelance Journalist based in Port Harcourt. He can be reached via:kelvinadegbenga@yahoo.com; Twitter: @kelvinadegbenga