ARREST OF JUDGES: NBA MUST DEFINE ITS GRIEVANCE AND GROUNDS OF DISPUTE

PREAMBLE
This is a COMMINIQUE Issued by LAWYERS FOR BETTER NIGERIA (LBN) at the close of its emergency meeting held at Nicon Luxury Hotel, Garki, Abuja on Sunday 9th of October, 2016 at 1100hours. LBN is a Non-Governmental Organisation of lawyers, (mainly young lawyers) who have come together to demand good governance from government and in particular fight against corruption in the Justice Delivery Sector (JDS).

Corruption in Nigeria cuts across sectors, and it is a major source of concern to every well meaning citizen of this great country, especially those of us in the Justice Delivery Sector. In our nation's Justice Delivery Sector, corruption has nearly eroded our system to the point where some lawyers would nearly always add to their service fees the cost of bribing a judge for favorable judgement; where litigants engage and retain lawyers not on the bases of what they have to offer legally but on the bases of their relationship with Judges; where judgements and orders are no longer granted on the bases of judicial precedents, but on the bases of payment (highest bidder wins it); where Judges no longer exercise discretion in or care about their partisan relationship with politicians or the public perception of their outside-the-courtroom relationship with litigants that appear before them. 

As junior lawyers, who either have no competing powers or have resolved not to join the bandwagon, we are the most affected. We lose our clients daily, we lose our chances of growth, while the same persons use their proceeds of corruption to perpetuate their hold on the profession, planting their children, wives and cronies either as Judges or Senior Advocates of Nigeria even when their said children and wives have no real knowledge or values to add to the development of the Justice Delivery Sector.

It is on these notes that we have resolved to support the fight against corruption in the Justice Delivery Sector and and Nigeria in general in order to return Justice to the people. The Court used to be the last hope of the common man, but they have taken that away from the common man. WE THE PEOPLE MUST TAKE IT BACK.

THE ISSUES
Our attention, as LAWYERS FOR BETTER NIGERIA, is drawn to the trending issue concerning the arrest of some Judges, including Judges of the Supreme Court of Nigeria in what the Directorate of State Services (DSS) announced as a "move to rid the Judiciary of Corruption".  As Lawyers in practice, we feel the corruption in the Judiciary, and beyond what we feel, we are aware that even the Head of the Judiciary in Nigeria in the person of the CHIEF JUSTICE OF NIGERIA (CJN), who is also the HEAD OF THE SUPREME COURT OF NIGERIA (SCN) AND THE CHAIRMAN OF NATIONAL JUDICIAL COUNCIL (NJC) has come out publicly to confirm that just as in the other arms of Government, there is corruption also in the Judiciary.

The CJN did also confirm that the NJC is investigating some allegations and taking appropriate disciplinary actions against judges that are found culpable. Only recently, the NJC pursuant to this resolution and drive dismissed and retired some Judge as the case may be on account of corrupt practices and recommend them for prosecution by the appropriate Law Enforcement Agency

In the same vain, we are aware that it is the Policy of the Leadership of the present Executive Arm of Government to fight corruption at all levels, and it has done so commencing with the probe of government activities by Executive Arm, to the Legislature and now the Judiciary.

We want to unequivocally submit that as LAWYERS FOR BETTER NIGERIA, we support in totality the FIGHT AGAINST CORRUPTION initiated by the present EXECUTIVE ARM of GOVERNMENT and would therefore urge every well meaning Nigeria to commit to this uncommon resolve and will power.

It has also come to our attention that the NIGERIAN BAR ASSOCIATION, our parent Association as Lawyers, has come out to question the arrest of these judges and demanded for their immediate release. We understand that the NBA is also planning a boycott of the Courts if these Judges are not release by today (Sunday 9th October 2016).

Much as were concede that the NBA has a professional duty to protect the Judiciary and the Justice Delivery Sector, we wish to remind the NBA that it has even a greater obligation which is to protect the Constitution of the Federal Republic of Nigeria. It is on this note that we call on the leadership of the NIGERIAN BAR ASSOCIATION (NBA) to clearly define and clarify its area of disagreement and concern in the arrests of these Judges. This is in order to avoid internal frictions within the NBA that would create room for independent Associations such as ours to begin to make public statements as body (Association) of Lawyer for or against the official position of the NBA. We do not think that this would be in the best interest of the Bar.

Accordingly, we make our observations on the issue of the arrest of the Judges by the DSS as follow:

1. LBN appreciates that Nigeria operates a democracy that runs under the principle of Separation of Powers, which guarantees the independence of the various arms.  By this principle, in simple terms, the Legislature makes the Laws, the Judiciary interprets the Laws and the Executive (executes) enforces the Laws, using statutorily established Law Enforcement Agencies such as the Police and the DSS, etc.

2. Each arm of Government is authorized to hire, discipline and fire it's employee. Just as the Executive relies on Civil Service Commission to do this, the Judiciary relies on the Judicial Service Commission or the National Judicial Council, as the case may be, to do the same.

3. Whereas, the various Arms of Government (Executive, Legislature, Judiciary) relies on its independent and appropriate Commission/Council to discipline its employees; NIGERIA AS A NATION RELIES ON HER CRIMINAL JUSTICE SYSTEM TO DISCIPLINE HER ERRING CITIZENS. The Nigerian Criminal Justice System is a process that includes Law Enforcement Agencies, the Judiciary, the Prisons, etc.

4. We emphasis that the responsibility to sanction or discipline or correct any citizen of Nigeria who is "suspected" to have violated any Law within Nigeria, who himself/herself may be a lawyer, Judge at any level, Doctor, Engineer, Banker, Capenter, Farmer, Trader or unemployed is that of the Criminal Justice System and NOT that of his Employer (such as NJC, FCSC, Hospital Management, Bank Council, Farmers Union, etc). It is clear that whereas NJC's sanction against an erring judge is limited to suspension or dismissal as the case maybe of that judge, but that of the Criminal Justice System extends to PROSECUTION in a competent court of law, FINE and/or IMPRISONMENT of that judge.

5. We note that the Nigerian Criminal Justice System is a process and this process admits and permits ARREST as one of the procedures of the process. These Judges have just been arrested, preparatory to prosecution.

6. LBN is not oblivious that the Criminal Justice System is also laced with corruption, which has resulted in Law Enforcement Agents arresting "suspected offenders" without the proper rules of engagement or procedure of arrest. LBN condemns the arrest of any Nigerian citizen that does not follow the law and will always do so.

7. In the present arrest of these Judges, apart from the fact that the search warrant was executed and the arrest made between 2300hours of Friday to 0330hours on Saturday morning, LBN could not fine any other breach in this particular procedure of the Criminal Justice System. Another grouse seems to stem from the contention that it is not part of the responsibilities of the DSS to investigate corruption and so have no right to carry out the arrest. We wish to state unequivocally that based on the Administration of the Criminal Justice Act 2015, Law of the Federation of Nigeria, the DSS and indeed every law enforcement agent has the right and a duty to do so; and even a far higher duty derived from the Oath of Allegiance to protect the Constitution of Federal Republic Nigeria to make such arrest.

8. We need not remind Nigerians and indeed the NBA that every single Nigerian is equal before the law. This no doubt operates to subject a Judge, Senator, Minister, Lawyer, Artist, Terrorist, Militant, etc who is accused or suspected of any act that has been defined as crime to the same legal standard. We do not operate two legal systems in Nigeria: one for the rich and influential and the other for the poor and lowly.

1. Albeit, we recognize that the Nigerian legal system provides a robust grievance remedial process. We advise that should the Judges, as very respected citizens of Nigeria, feel very strongly that their human rights or integrity has been violated or bruised by the arrest made by the DSS, they should feel free to use any of the grievance remedial options. In the main, they should answer to the law and vindicate themselves.

CONCLUSION
In conclusion, we urge the NBA to allow those who have been cited for violation of the Nigerian Laws to answer to the Laws. Large sums of money were recovered from some of them; let them come before the law, perhaps they will be able to explain away the sources of the funds. These Judges must desire, more than anything else, to clear themselves of the allegations and until they do so they no longer have the moral standing to preside over any citizen accuse of crime. Therefore, NBA should not be seen as a vehicle for self protection against prosecution; for shielding these judges from prosecution. None of these Judges is arrested for delivering judgement against the Executive, but for indulging in corrupt practices. NBA has a lot to fight against, the unfriendly policies of government, the unfulfilled promises of the Executive, the insecurity in the country and the economic hardship.

Finally, LBN has resolved that its members will not boycott the courts but will rather JOIN OTHER NON-LAWYER BASED NGOs (bearing T-Shirt and placard) to call for the dismissal and prosecution of these Judges. This is for the NOTICE and ATTENTION of the NBA and the GENERAL PUBLIC.



Signed

Abdullahi Abubakar
National Coordinator

Barr. Stanley Ibeawuchi Nwosu
National Secre

Barr. Adamu Ibrahim
Coordinator, Zone 1

Barr. Olujide Olorunnimbe
Coordinator, Zone 2

Barr. Igbokwe Alphonus
Coordinator, Zone 3

Barr. Micheal Diriya
Coordinator Zone 4

Barr. Aliyu Yahaya
Coordinator Zone 5

Barr. Timi Lake[truncated by WhatsApp]

Reuben Abati: The Road To 2019

Battle Royale: National leader of the All Progressives Congress, Bola Tinubu (left) pictured with former Vice President Atiku Abubakar

One of the most frustrating things about Nigeria’s political history is how it keeps repeating itself and nothing ever seems to change. The present administration has not yet spent up to two years in office and already the language of politics is dominated by the phrase: “the battle for 2019.” Nobody is talking about the next general election of 2019, but “the battle!” As is crystally evident, the 2019 general elections are likely to end up as one big nationwide war, and this won’t be a war of ideas, but a war of egos, of ambitions, and utter desperation for power.

Perhaps what makes this prospect even more believable is the narrative already being peddled that the incumbent President Muhammadu Buhari may decide to be a one-term President, and therefore step down from office in 2019. He would be 77 then, and should he decide to retire from politics, that would leave the field open to a fresh selection of a Presidential candidate.

The only matter that seems settled in this regard, however, is that the successor must come from the Fulani North. You get the sense that this seems given and should President Buhari decide not to run, that may well give the North, the advantage of holding Presidential power for another eight years making a total of 12 years depending of course on the performance of whoever succeeds the incumbent. We are still a long way, therefore, from that future when political contests can be determined solely on the basis of the candidate’s merit; the complexity of our ethnic politics has ensured an unwritten rule where power is rotated at all levels among ethnic groups and geographical zones, creating a turn-by-turn sharing of power and office, both in terms of moment and duration. The Ijaws would most certainly someday in the future insist that they deserve another shot at power at the centre.

We may however be dealing with political naivete on the part of those who are basing their 2019 permutations on the likelihood of a one-term Buhari Presidency. There is certainly nothing in the Nigerian Constitution that disqualifies a septuagenarian from being President or seeking a second term. This is why the jostling for Presidency in 2019 by self-appointed crown princes in the All Progressives Congress (APC), and non-APC Northern politicians may ultimately be a case of giving away the game too early in the day.

In 2002, that was how some ambitious elements began a campaign that then President Olusegun Obasanjo should embrace the Mandela option, that is, spend only one term in office. It was their idea, not the incumbent’s. They wanted Baba to retire so they could take over. But the same President Obasanjo not only completed a second term, he was so strong by the end of his second term, some lobbyists even began to campaign for a third term – that failed of course – but since leaving office in 2007, President Obasanjo has remained extraordinarily busy and energetic.

The way it works, a powerful lobby would soon emerge to persuade President Buhari to seek a second term, not just because he is entitled, but because, that is how they usually phrase it: he needs to complete the rescue job that he has started. Already, half of the first term has been overtaken by economic recession, rising uncertainty and an overwhelmed and alienated citizenry. The President would be told that he needs more time to change the tide and leave a stronger legacy. I have seen these open and hidden persuaders at work at very close quarters. They are legacy constructionists who can persuade any political office holder to remain in office forever.

Where age is the issue, they would insist that it is not. Where there are health matters involved, they would invoke the name of God. Where neither age nor health is an issue, they will invent reasons to justify why nobody in power should give it up when he still has a second chance. For example, if at any time in 2014/15, President Goodluck Jonathan had wanted to change his mind about running for a second term, the strong forces driving the second term project would not have allowed him. They were so overpowering even the ethnic card was thrown up when he was reminded that he was not representing himself in Aso Rock but the entire South South and the Ijaw nation and that the zone is entitled like any other geopolitical zone to a second term. Delegations after delegations stormed the Villa and the media to make their case. President Buhari would most certainly face the same challenge.

A second theory is that the APC may not survive till 2019 due to the division of the party into many factions, each faction led by an ambitious political figure, looking forward to 2019. There are indications that once the party implodes, that may leave the incumbent President without critical support centres, particularly the South West, whose main political leader, Asiwaju Bola Tinubu seems not to be getting the best deal out of the APC coalition that drove the Jonathan administration out of power. It is again extremely naïve to make political calculations on the basis of an imaginary accident in the opponent’s camp. This is one of the mistakes the PDP made in 2015. Certain influential figures within the party failed to act early and plan effectively because they kept hoping that the APC will fail. But rather than fail, the party built on a strong foundation of conspiracy and a single-minded determination to get the PDP government out of power merely got stronger. The PDP, now in disarray is working on the same assumption. Rather than get its house in order, the party is hoping that the APC will collapse and that will automatically make the PDP the people’s choice in 2019. That is too simplistic an expectation.

Those who also want to displace President Buhari are further assuming that once he is deserted by key figures that made his victory in 2015 possible, it would be difficult for him to seek a second term or win an election with his own political base, the North, which is now also radically divided over the performance of his government. It is wrong and too early to make such calls. Those who want President Buhari to embrace the Mandela option and are carelessly making their ambitions known should remember what President Obasanjo did to such people in 2003. He outsmarted them and subsequently made them irrelevant.

Those in the PDP and other places who assume that they can emerge in 2019, by sheer accident of circumstances such as economic recession and the growing criticisms of the administration should go back and learn how to build an effective opposition. The opposition in Nigeria today is too docile. It is too silent. The people may have issues with the government of the day, but nobody is offering any challenge or alternative vision in the same kind of robust even if hypertensive manner the APC did throughout the Jonathan administration. Last minute moves in politics are often counter-productive. The swiftest challenger often wins the race.

What is not very clear to many in leadership positions is that there is a difference between politics and governance. They mix both, and mix them up badly, and when they do, they get disappointed in the long run. Besides, politics in Nigeria is still about the sharing of spoils of victory. When the sharing formula fails, or causes disaffection, the political space is muddled up. Nigerian politicians are also selfish: they do not know how to serve a leader. They want to use the leader to serve their own ends, if the leader is weak, they undermine him, if he is strong, they sabotage him. This is why in the end, all the battle cries about 2019 amount to nothing other than cries of selfish desperation. Where are the ideas? Civilized political discourse is driven by ideas, not the exchange of vitriol or abuse over positions and privileges.

Those who are crying like babies over 2019 would serve us better if they engage the general public with ideas. They should tell us why they think change will again be necessary in 2019. They should explain what change or difference they are proposing. I assume that Nigerians are much wiser now: and they are not likely to hand over power to someone who wants it just on the basis of expectations induced by saccharine campaign promises. The “battle of 2019” crowd should also show interest in the present. How do they think economic recession can be dealt with? What ideas do they have about Nigeria’s future and political circumstances? What do they think the government of the day should be doing that it is not doing? What is the value of their own citizenship? What is the value of their stake in the Nigerian project? Who are they? Oftentimes, we don’t really know the people we vote for. We vote for fine posters, what the propagandists tell us, and titillating campaign materials. By the time we get to know the people we voted for, their politics would already be in the way of the governance we wanted, messing it all up.

To move Nigeria forward, we must move beyond the melodrama of politicians, to which there seems to be practically no end, other than own interests. We need a new tribe of leaders: men and women with hot fire in their bellies that can burn all the tents of shameful covenants that have held Nigeria down since independence. As the political warriors begin to talk about “the battle of 2019,” we the people, must insist not on battle or war, but such leadership recruitment that serves the nation, and leads to progress and development, and such politics that produces the best result, new or incumbent. But before 2019, the people must survive and remain assured that indeed the duty of government is to look out for their welfare and make them happy. That is the greater task at hand.

Dr. Reuben Abati was spokesman and special adviser, media and publicity to President Goodluck Jonathan (2011 – 2015). He tweets from @abati1990.

The opinions expressed in this article are solely those of the writer.

PRESS STATEMENT BY THE DEPARTMENT OF STATE SERVICES

The Department of State Services (DSS) in the past few days, has embarked on series of special sting operations involving some Judges of the Supreme, Appeal and High Courts.
These operations were based on allegations of corruptions and other acts of professional misconduct by a few of the suspected Judges.
The Service action is in line with its core mandate, as we have been monitoring the expensive and luxurious lifestyle of some of the Judges as well as complaints from the concerned public over judgment obtained fraudulently and on the basis amounts of money paid.
The judges involved were invited, upon which due diligence was exhibited and their premises searched. The searches have uncovered huge raw cash of various denominations, local and foreign currencies, with real estate worth several millions of Naira and documents affirming unholy acts by these Judges. Meanwhile, some of them have made useful statements while a few have declined even with the glaring evidences that were found against them in terms of material cash, documents and property recovered pointing to their compromise.
In one of the States where the Service operations were conducted, credible intelligence revealed that the Judge had Two Million United States Dollars ($2,000,000 USD) stashed in his house. When he was approached for due search to be conducted, he in concert with the State Governor, mobilized thugs against the Service team.
The team restrained itself in the face of unbridled provocative activities by those brought in by the Governor. Unfortunately, the Judge and Governor also engaged the tacit support of a sister security agency.
The Service surveillance team noticed that upon frustrating the operation, the Judge with the active support of the Governor craftily moved the money to an unknown location which the Service is currently making effort to unravel.
Meanwhile, large amount including foreign/local currencies have been recovered. Summaries of these include:
SUMMARY OF RECOVERED MONEY
1. NAIRA - N93,558,000.00
2. DOLLARS - $530,087
3. POUNDS - £25,970
4. EURO - €5,680
Other foreign currencies were also recovered. This were recovered from just three (3) of the judges.
These in addition to other banking documents, including real estate documents have been recovered. Meanwhile preparations are ongoing to arraign them in a competent court of jurisdiction in line with the laws of the nation.
The Service would want to clearly state that it has never invited Justice Walter NKANU ONNOGHEN for investigation, neither is he being investigated by this Service.
In addition the Service would like to put it on record, that it has tremendous respect for the Judiciary and would not do anything to undermine it or its activities. The Service will also join hands with this noble institution in its fight to rid it of few corrupt Judges whose actions is undermining not only the Judiciary but the common bond of our national life.
Ladies and gentlemen, this current operation will be sustained and followed till sanity and sanctity is restored to the esteemed third arm of government and public confidence is regained.
Members of the public are also encouraged to avail the Service of any information which could assist in this drive to rid our nation of corrupt practices and tendencies.
THANK YOU.
Abdullahi GARBA,
Department of State Services,
Abuja.
8th October, 2016.

Thomas Edison and Henry Ford

In 1896, Thomas Edison, the great inventor who invented the electric bulb, was working on an idea to design a car when he heard that a young man who worked in his company had created an experimental car.

Edison met the young man at his company's party in New York and interviewed him about the car. He was impressed!

He had the same idea as the young man but he was considering electricity as the power source while the young man used gasoline engine to power the car.

He slammed his fist down and shouted "young man, that's the thing! You have it! I think you are on to something!! I encourage you to continue your pursuits!!!"

With these words of encouragement from the most highly respected inventor in the United States at that time, HENRY FORD continued his work, invented a car and became wealthy.


On December 9, 1914, Thomas Edison's laboratory and factory got burnt. He was 67years old and the damage was too extensive for insurance cover.

Before the ashes were cold, Henry Ford handed Edison a cheque of $750,000 with a note saying that Edison can have more if he needed it!


In 1916, Henry Ford relocated his home to the building next to Edison's home and when Edison couldn't walk and was confined to a wheelchair by his doctors.

Henry Ford also bought a wheelchair in his house so that he could run wheelchair race with his friend and mentor!

Thomas Edison made Henry Ford believe in himself and got a friend for life!

LESSON
Don't ever be jealous of other people's success. If you can't win a race, help the person in front of you to break the record!

Your candle will not lose its light when it lights up another candle!

Yes! This article is for you! Yes you! For those who think they have arrived, who think some persons are no longer in their circle, who thinks those they wined with yesterday have no values again, you know what?

They are burning their ladder to success for a short time comfort. They are here and they are reading it.

We are light for others to see, only if we know.

Be inspired, meet with someone today, speak positive to their lives, save a soul today!

Enjoy the rest of your day!

THE CHURCH AND THE STATE OF THE NATION

While I agree and respect Peter Obi’s views on governance recently at the Platform, most especially because he has been a part of the system, I would like to categorically state that we do not need him to tell us of the waste in the system; because if that should be the case, then we all need to go back to school.

For instance, Presidential lodges at least, are buildings which could be put to other productive uses. But stolen money stashed away in foreign banks and real estate, do you need anyone to explain that racket to you?

$27 billion disappeared under IBB. More billions disappeared under Abdulsalami. $20 billion under GEJ, and many more billions of dollars under OBJ. Do you need lectures?

In the case of budget padding under the National Assembly, are you defending Saraki against Jibrin? Do you need lectures on your victim-hood?

The Kuti family fought impunity and stealing in government, to the point that their matriarch was thrown down from the heights and broke her neck. What did we do?

Fela sang about ITT (International Thief Thief) and BONN. He was called an “Amugbo” that must be ostracized!

Gani Fawehinmi pointed out waste in government, fought impunity, went to jail on our behalf, came out and found a political party. Yet we failed to give his party even one Local Government in the election!

However, my major concern (which is the reason for this write-up) is that while Peter Obi was busy talking about the corruption, wastage and excesses in government, there was no mention of the excesses, wastages, corruption, and extreme malpractices in the church, perpetrated by some of the very pastors that also spoke at that forum.

The church itself should be the first port of call on this matter because we are the custodians of the laws of God. In fact, the problem of the State is a reflection of the church, of which we servants of God are largely to be blamed. The following illustrations will explain further.

All ‘Christian’ politicians are members of one church or the other and regularly visit these places for pastoral consultation and approval. If the church had played its spiritual role properly, instead of practising spiritual 419, these politicians would have a different mindset today. Rather than counsel them according to the word of God which is clearly against any and every form of corruption, servants of God under the spiritual 419, prayed for them instead and encouraged them to continue with their corrupt ways, with an unwritten understanding that they would come back to show ‘appreciation’ to them (them being the servants of God).

The so called servants of God are rather the ones now struggling to get into self-serving relationships with these criminals parading as politicians and government officials, all in the bid to get money from them and have connections to big men in power. It is very sad and disturbing that servants of God have turned themselves into attention seekers, living large at the expense of their exploited members and political patrons.

Is it not shameful that these top pastors have all turned spiritual coaches for the politicians, senior government officials, heads of parastatals, etc?

There was a time when true servants of God ‘stayed’ in their churches and were not seen visiting or gallivanting across the globe with people who everyone knew to be corrupt. There was a time that it was the so called powerful people who would run after the servants of God, not like some of the servants of God today, who go out of their way, to be associated with openly corrupt people; the more corrupt they are, the richer they are and the more the servants of God want to be associated with them.

Consider what happened during the Sanusi purge of defaulting Nigerian banks a few years ago; we all remember the alleged involvement of some of the top directors of some of the now defunct banks (several of whom were also functional leaders of a mega church and very close to its head) with massive fraud and falsification. Where was Jesus in all their spurious dealings even while under the spiritual guidance of their renowned church leader?

The Bible says that God’s judgment will start from the Church and the altar, so why should we not address our matter even before addressing the politicians, government officials and the general ills of the nation?

Peter Obi lived a simple and disciplined life as a governor while the present day pastors live exalted lives.

A church founder, general overseer, president, etc, now needs armed bodyguards around him, even to take a walk within a secure housing estate! How many of them would have attended that same function (where Peter Obi spoke) in their exotic cars with their convoy of escorts, army of protocol officers and armed security details? How would they have felt when he spoke about wastage? Did they feel guilty or sad for themselves?

What is the image a servant of God is trying to project when he has armed security personnel positioned around the altar while he is preaching? How does he expect his congregation to feel? How does he expect people to see him and what does he want them to think? How does he expect Jesus, who he is preaching about, to see him? The same Jesus who went about on foot, looking and dressing like his disciples? The same Jesus who sat amongst the people and walked through the crowd, not minding who would touch Him?



Servants of God who have policemen protecting them really need to think. Do they stop to think of how those same policemen think of them? Do they really see them as real servants of God or just people parading themselves around exploiting money in the name of God and church? Is it because these policemen just collect their money and say nothing? Are we as servants of God, not the last set of people that should be seen with police protection? Do

Today, to see the head of a church, requires one to go through some major protocol - fill forms, meet with a series of junior pastors and if they are lucky, they can ‘qualify’ to eventually meet with the head of their church. This process can take months and in some cases over a year.

How can a member of a church say that they have to wait for months to be able to see the head of their church – who is living a lavish and ostentatious life as a result of the offerings, contributions, etc, of that same member?

Rather than influencing the world and effecting positive changes in society, the church today has allowed the world to influence it, as worldly ideas and ways have now become part of the church.

We were all witnesses to the low moral level sunk by the then CAN President, while Goodluck Jonathan was still the nation’s president - to the point that his private jet was involved in illegal arms dealing!

A CAN President?

A lot of us would have felt disgusted and ashamed at the spiritual 419 displayed when a retinue of servants of God, led by the same CAN president and then president Jonathan went on pilgrimage to Israel, crying and wailing that, “we have sinned…we have sinned Lord…forgive us…forgive us”! Meanwhile, they are busy planning on how to scheme more money, favours, contracts and even oil wells from the government.

Are we so spiritually ignorant that we don’t consult the Bible anymore? Why are the spiritual leaders fooling the people and the congregation?

Until the Church gets back to its original role, which is to maintain the spiritual and moral uprightness of the nation, there is no hope for this nation.

The change must start with the Church. The present era of private jets and bullet-proof cars for men of God, unreasonably sized travelling entourages, accommodation in the most expensive hotels and ‘presidential’ lodges, endless extortion of members in the guise of financial ‘partnerships’ must all come to an end!

Government must put an immediate stop to the use of policemen by servants of God and other private individuals! It is not only an abuse of the police, but also sending the wrong impression to society.

A number of years ago, I was invited to a meeting or conference of servants of God and decided to attend. After driving into the premises where the conference was being held, I came out of my car and noticed some vehicles speeding and recklessly driving into the premises. I saw some men who looked like thugs in a bus, a couple of other cars and a vehicle with siren. They even almost ran over my leg. I then saw one servant of God come out of one of the cars; all these for just one man! In the same conference, I saw servants of God reveling in their various titles, bishop, archbishop, apostle, etc. I think I was the only one with the title of ‘pastor’, to which some of them that had known me asked why I was still ‘stuck’ with that title and wondered why I had not upgraded. That was the last time I attended such meeting! 

I too know what I can say to people and to my congregation if I want to exploit them for money, but I cannot even consider doing such, knowing full well that it is wrong and that is not the errand or assignment that God sent me on!

Churches and servants of God today, are all about money and how much they can get from people. They have marketers, who can teach some of the marketers in our banks a thing or two about aggressive marketing. Servants of God today are not only all about preaching prosperity messages, but are also in the business of selling anointed water, anointed oil, anointed handkerchiefs, etc, all in the name of getting as much money as possible from people. Church goers and other victims need to check their bible, to search if Jesus ever sold any healings, miracles or blessings – he did not! 

How could the church keep demanding endless financial contributions from members most of whom are living in abject poverty?

The word of God, God’s expectations of us, morals and good righteous living, are no longer emphasized in churches. The church is now no different from entertainment clubs where performing artists and comedians perform regularly in the church’s bid to retain their members.

You see church billboards advertising upcoming Sunday services, promising people that a popular comedian or performing artist will be performing in that service.

Is it any wonder then that carnality, rather than spirituality, is now openly advertised in these venues?

The priority of the church leaders should not be the same as the world or its politicians. This is why power has left the church. One wonders what the fate of the church will be in the coming years at this rate of decadence. What church will Jesus come to meet when He returns? A church which cares not how money is made and brought to its altar? A church which has no more place for the poor man?


Unfortunately today, when a rich man informs the servant of God that he is no longer coming to church, the servant of God will not be able to sleep or eat and can even going into fasting. Whereas, if a poor man does the makes a similar decision, the same servant of God will not even think twice about it.

What a shame! 

Peter Obi spoke positively about the schools which have been returned to the old missions. What are the Pentecostal churches presently doing with their own schools? The fees of these Pentecostal schools, set up entirely from proceeds of the unending contributions of members, are now beyond the members’ financial reach, such that the same politicians openly patronized by the church leaders are the ones whose children attend the church schools.

What a shame!

The church, more than the government and certainly much more than private businesses, should be in a position to offer free books and decent classrooms to their students, including members and non members, regardless of religion and social status.

Some people reading this may think that I am jealous of some of these servants of God, but that is not the case, as I can easily afford everything that they lust for. I rather choose to use money for more constructive things that will positively affect individual lives and society in general.

If my own church (as small as it is) can do this, then I see no reason why other churches, especially the big ones, cannot do at least the same. Since 2011, we have operated a school which not only offers absolutely free education, with free books and stationary, but also in an environment that is conducive, with air conditioned classrooms, a dedicated generator, etc. It is not just a makeshift school, but one with well-paid, qualified teachers and a high standard, as we use the same books as Corona Schools. We currently have over one hundred children, with a number of them coming from the Motherless Babies Home (who are supposed to be cared for by the State government) and other churches.  

The church should give back to the society, instead of trying so hard to make money from everything it gets involved in. Where is Jesus in all of this?

Until these problems are addressed, there is no hope for the nation since the church is made up of the citizens. Our leaders are a product of the society, and society is the product of the church, simply put.

Christ says in the Bible, that on that day many people (pastors, evangelists, deacons, born-again Christians, etc) will say that they did great things for the gospel of the Lord. He will however say to them; “I know you not”!

This might be the fate of many of our church pastors now wearing diamond to the pulpit.

Churches now believe that projecting success in their environment amounts to being right before God, and the pastors’ wives going on overseas shopping sprees (at the expense of hapless members) signifies God’s showers of prosperity.

It is so bad that a very senior female pastor of a mega church once claimed to her congregation that her dressing in diamond encrusted cloths and other expensive jewelry during all her church appearances, was ‘in their interest’. Every one attending the church for the first time, according to her, would not fail to be impressed by the ‘blessings of God’ upon the church, as symbolized by the pastor’s appearance.

No wonder that these pastors have become nothing more than ‘Motivational Speakers’ who have taken detailed lessons in the art of public speaking.

Therefore, for every believer who has listened to Peter Obi, they should also examine the church and consider their respective pastor’s way of life in light of Peter Obi’s standards.

They need to study their bibles and ask themselves if the church (their servant of God) is operating in accordance to what they see in their bibles.

They need to ask themselves if their church is effectively helping those who really need help in the society.

They need to ensure that their churches positively influence members in the society, so that our future leaders will be God fearing and will desire to govern as God intends them to govern.

As I write this, let the Holy Spirit and my congregation judge me!

Pastor Seyi Ogunorunyinka
(PLRM)

NBA INNOCENTLY GOOFS BY MY OWN EXEGESIS OF ITS PRESS RELEASE !

First and foremost, we need to go through the said press release.
“Judges’ arrest: NBA declares state of emergency

The Nigerian Bar Association on Saturday declared a state of emergency in the judiciary following the midnight arrest of some judges by the Department of State Security Services.
The declaration of the state of emergency was made on Saturday evening in Lagos by the NBA President, Abubakar Mahmoud (SAN).
Mahmoud addressed the press alongside four past presidents of the association – Chief Wole Olanipekun (SAN), Dr. Olisa Agbakoba (SAN); Mr. J.B. Daudu (SAN) and Augustine Alegeh (SAN)
Others in attendance at the declaration, which held at Eko Hotel, Victoria Island, were Prof. Kayinsola Ajayi (SAN), Mr. Yusuf Ali (SAN), Mr. Dele Adesina (SAN), among others.

Mahmoud said two Supreme Court justices, Inyang Okoro and Sylvester Ngwuta were “abducted”, with their families, adding that he had yet to have the full detail of other judges who could have been involved.

Mahmoud said the NBA condemned what it termed the Gestapo-style operation of the DSS.
He announced the constitution of an emergency or crisis management team, comprising past NBA presidents to engage with the government.

Mahmoud, who said it was not the responsibility of the DSS to arrest judges, described the DSS action as an unconstitutional means of intimidating the judiciary and undermining its independence.

The NBA President called on President Muhammadu Buhari to order the immediate release of the arrested judges, vowing that there would be consequences should the demand be ignored.

Mahmoud said, “I want to emphasise again that we are not under military rule and we cannot accept this unholy event and Gestapo-style operation.

“We, therefore, call on President Muhammadu Buhari to immediately caution all the state security agencies and to respect the rule of law and to respect due process.

“Any issues affecting the judicial officers, there are established procedures for handling them and we demand that this constitutional process must be obeyed.

“Given the unfolding nature of the event and the seriousness of the situation, the NBA hereby declares a state of emergency as it affects the affairs of the judiciary and I hereby constitute a crisis management team, comprising all past presidents of the association.

“I want to, on behalf of the association, make the very following clear and unequivocal demands: we demand the immediate and unconditional release of all the judges abducted from about 9pm yesterday (Friday).

“The release must be done immediately and without any conditions. Two, we demand that the Department of State Services should limit itself to its statutory and constitutional responsibilities.

“I’ll be meeting with the CJN later tonight or tomorrow. There will be consequences should these demands are not met.”

Let us have a look at this:

A Suspect may be arrested without a warrant by any of the following persons:
a. a Police Officer,
b. a Judicial Officer,
c. a Justice of the Peace
d. a Private Person.
See these Sections, 10 CPA; 26 CPC; 24 Police Act; and 10 ACJL.
The reasonable inference from the above position is that any person whom he (any of the person mentioned above) suspects upon reasonable grounds of having committed an indictable offence subject to the applicable provisions of the law may be arrested.
Among persons that can be so arrested in line with law are,
a. any person who commits any offence in his presence (even though offence is one for which offender cannot be arrested without warrant),
b. any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape or attempts to escape from lawful custody,
c. any person in possession of anything reasonably suspected to be stolen property,
d. any person whom he suspects upon reasonable grounds to commit an offence punishable in Nigeria outside the country,
e. any person having in possession of any instrument of house breaking without lawful excuse,
f. any person against whom a warrant of arrest has been issued by a court of competent jurisdiction in the state,
g. any person who has no ostensible means of subsistence and who cannot give a satisfactory account of himself, and so on.
Meanwhile, what concerns me particularly in this regard is the submission made by the NBA to the effect that the arrests effected so far on some Judges by the DSS was unconstitutional and unholy having taken semblance of GESTAPO-STYLE OPERATION.
Mahmoud (NBA PRESIDENT):
“it was not the responsibility of the DSS to arrest judges, the DSS action is unconstitutional means of intimidating the judiciary and undermining its independence”.

It is not disputable that among persons allowed in law to make arrest are Judicial Officers whether magistrate or judge, Justice of Peace and private persons. The so called arrests could be made pursuant to occurrence of some conditions some of which are herein highlighted above. I think sections 15 CPA/ACJL, 12 and 13 CPA, 28(d) CPC, 21 ACJL and some decided cases would surely be helpful in this regard. In the case of Nweke v. The State (1965) 1 ALL NLR 114, the Supreme Court held that a private person can arrest without warrant any person whom he reasonably suspects of having committed a felony. See also Abadallabe v. Borno Native Authority (1963)1 ALL NLR.

The point I am trying to make is that if an ordinary private person is allowed in law to make an arrest in some special cases and flowing from this, it appears grossly erroneous to conclude that DSS or SSS (a body created by law for the state security purposes) has no responsibility to arrest and arrest made in connection with the “suspect judges” is unconstitutional. The position of the law is even that a person who resists by force an attempt by a private person to arrest him in the exercise of his right cannot claim the benefit of self defence- Abdullahi v. Borno Native Authority. Effect of this is that Gov. Wike may not be too far from being culpable. I am not oblivious of the section 308.

The DSS/SSS equally has a legal backing to perform certain functions some of which include the prevention, detection and investigation of economic crimes of National security dimension, terrorist activities, inter-group conflicts, threats to law and order and so on.

What seems to be very clear here is that elevation of any person to the Bench has not become a shield to estop arrest, investigation and possible prosecution of any judge suspected of having committed a crime in Nigeria as at today. Moreso, the immunity clause does not extend to their office. The blanket word of section 24 of the Police Act and other similar provisions or its equivalent in various laws have not excluded the judges from persons capable of being arrested.
The NBA further betrays my expectation from such a noble body when in the said press release began to issue warning to the President that the arrested judges be released as if there is a special law that exonerates a judge from law even if he is caught infragilata delicio raping a thirteen-year old girl in a cinema. As a body that prides itself as a repository of law and order I would have been happy to see it testing its legal arsenal in any available nearest court on Monday aggressively praying its Lords to make categorical pronouncements over the development.

However, NBA is yet to remember to issue such a “warning” to the NJC having failed to proceed to prosecute some judges it found in the recent time involved in so many unethical conducts equivalent to various offences. Assuming without conceding that the Federal Government is wrong to have continued to incarcerate Dasuki, Kanu and many others, what legal position, no matter how frivolous, has the NBA made so far in respect of same? Last year Transparency International released Classified Report on so many barbaric, inhuman and extra-judicial killings the Nigerian army perpetrated in the North East under the guise of fighting invisible Boko Haram. I presume the avowed disciples of rule of law were not having light then to watch television and have knowledge of that so as to goad them to demand damages from the federal government on behalf of the victims of this blood-sucking evil soldiers. Oh sorry! I just remember that no judges can be so arrested in America, London, Canada, Russia or China?

Is the NBA prepared to tender an apology if it turns out that the DSS/SSS complied with the required procedures in so arresting the innocent judges considering the circumstance of the arrests? What investigation has it done before calling for a press conference? I think such a step is better taken by politicians than lawyers who are reputed for being learned.

More than coincidence than designed, one of the SANs and former President of the body who was at the NBA press briefing in respect of the arrests just said this in today’s Saturday edition of the Punch when asked to react to the Federal Government and some members of the public’s accusation against the NBA of aiding corruption.
“And what baffles me is that some high lawyers, who should know better, also accuse some lawyers of defending looters? To hell with anybody who has looted the treasury. I believe in my profession and I thank God for what I am. I am a fulfilled person and don’t want any position from any government, but then government should allow those of us who are privately engaged to do our work”. 

Meanwhile and in a final submission, I wish to quote from Kanu Agabi, another SAN, the erstwhile Minister of Justice who in a paper delivered at the 2001 NBA conference in Calabar stated,
“We (Lawyers) must be worthy ambassadors wherever we are. We must uphold that tradition of excellence for which our profession has become famous. We will never be able to do so unless we strive to educate and improve ourselves..., custom demands that we be called learned once we are qualified to practice law. But duty demands that we go beyond the dictates of custom and ensure that we are truly learned. A call to Bar is a call to sustained and relentless sacrifice. Everyone of us must be vigilant to acquire and to promote learning, discipline and culture, particularly at this time when our country is menaced by every known evil.., instead, our profession is fast becoming characterized by intolerance, a rigid and sometimes intemperate refusal to hear the other side, ...a baseless assumption that we are right and that all those who differ from us are wrong. And we carry our self-righteousness so far as to victimize and stigmatize or even kill those whose actions are opposed to ours".

NOTE:
THIS IS MY PERSONAL OPINION WHICH IS NOT MEANT TO BE TAKEN AS HAVING AGREED WITH THE POSITION OF THE DSS/SSS IN CONNECTION WITH THE ARRESTS OF THE INNOCENT JUDGES

You need to read this message. A true Nigerian Fidel Albert have this to say.

Enjoy

Sometimes it is quite impossible to describe the disgust you feel in having to respond to absurd comments on your facebook wall. You see, this evening i posted my unalloyed support for the DSS in raiding houses of Judges and finding what i hear is evidence of corruption. Some people have called me names because of my position, but some of their reasons are downright heartbreaking, because these are people whom you expect to know better.

Pompey Esezobor wondered why i would hold this sort of opinion "in this time and age." But he forgot to tell me what "time and age" we are in for my opinion on this issue to be so inappropriate. Chinedu Anene was courageous enough to call my opinion "scandalous." Now, I readily forgive Chinedu Anene because he is a young lawyer. I can live with his insolent comment, without engaging him, for the simple reason that he is not worth my time. When he grows a bit older in the profession and understands the law better, I guarantee i'll find time to sit with him to remonstrate fine points of law. But not today.

To the many others who commented, please be assured that I respect your views. But here is my answer:

Judges are not immune from arrest or prosecution for corruption. Section 36 of the Constitution categorically states that any person may be arrested "on reasonable suspicion of having committed a criminal offence" Judges were not made an exception. In the wisdom of drafters of the Constitution, only the President, Vice-President, Governors and Deputy-Governors enjoy immunity from prosecution. Judges do have some sort of immunity though. But it is immunity from civil law suits by litigants for anything done in an official capacity by the Judges. But I'm sure nobody can argue that corruption is one of the official acts of a Judge. You may want to see the House of Lords reasoning in Re: Pinochet on how you lose your immunity once your act cannot be construed as an official act.So please, Judges, like everybody else, have no immunity from prosecution for corruption and certainly CAN BE ARRESTED.

I have heard arguments that they should have been referred to the NJC. This is quite a stupid argument to make, considering that the NJC is just an administrative disciplinary organ of the Judiciary and has no prosecutorial powers for crimes. This is far beyond the NJC. Yes, the NJC can recommend the dismissal of the Judges but that certainly does not foreclose their prosecution.Someone even talked about the judiciary being an arm of government and should not be interfered with by the executive. How bland an argument!! I wish they had referred to the law they were relying on to make this argument. Anyways, enforcement of the law will always lie with the executive, and the DSS is a law enforcement agency of the executive arm of government. Unless we are to argue that laws cannot be enforced against Judges, in which case i would just give up.

Someone said it was wrong to have raided the Judges' home at night without warrant. Who said this anyway? I think that person cannot be a lawyer. I'll tell you why. In the US, there is the legal principle called the fruit of the poisonous tree doctrine. This doctrine states that evidence obtained illegally cannot be admissible in Court against a suspect. So if you effect an arrest or obtain evidence illegally, no matter how damning that evidence is, it will not be admissible in the US Court and your suspect or accused will walk away a free man. The belief in US is that if the tree is bad, then the fruit, that is the evidence, must necessarily be bad too. Now when this doctrine was argued before the Nigerian courts, guess what the Judges decided? Yes, they decided that no matter how unlawful the process of obtaining evidence was, it would be admissible to convict in Nigeria. Consequently, no accused person can ever go free because he was arrested in the night instead of the day, or that he house was searched without warrant. IT IS IMPOSSIBLE TO SUCCESSFULLY MAKE THAT ARGUMENT IN NIGERIAN COURTS!! It is how our Judges interpreted the law. The chicken has only come back to roost!! Are we to change the law the Judges upheld as right just because it's back to bite them?

Even then, let us not forget that in 2009, in this same USA,  a sitting Governor of the State of Illinois, Rod Blagojevich, was arrested in a dawn raid by FBI agents, quite like what the DSS did, on corruption charges. He was eventually impeached and convicted of the corruption charges. Well, that was America where issues of corruption are taken very seriously. We think differently in Nigeria.

I remember Ricky Tarfa's issue began like this. As a joke. Over 90 SANs went to put an appearance for Ricky Tarfa "in show of solidarity" on the first day of his arraignment, until the man himself filed an affidavit stating that he actually gave a Judge, before whom he had cases, money for 'burial." The next date of the case, the numbers of lawyers showing "solidarity" dwindled dramatically. Who would have thought that a SAN would do such things? But it happened. In Nigeria. It is happening everyday in fact. The sorts of bribery going on in the Judiciary is simply mind-boggling. Oh well, how do you suppose Ibori was set free by Nigerian Courts for the same crimes he was convicted of in UK courts? How do you suppose Peter Odili procured a perpetual injunction to free him from prosecution for corruption? Corruption in the Nigerian judiciary is as filthy as the Augean stables. Perfunctory cleaning will not do. Like Hercules, we will need to divert the flow of rivers through the judiciary to clean its mess. One thing I, Fidel Albert, will not do, i will never join the NBA in any solidarity strike or protests on this issue. I will never shield anybody accused of corruption. When you are persecuted for no cause, only then will i come to your defense. And my reason is simple. I am that lawyer who has no life outside of my work. I burn my candles on both ends to prepare for cases. Because of this, i don't have many friends or a buoyant social life. It then pains me when i have to lose a case, not because my argument was not correct, but because the Judge was bribed. It pains me even more when the Client thinks it was my fault. 

This is why appellate Courts in Nigeria now hand down Judgments that inferior courts refuse to follow. Because they sometimes simply turn the law on its head on very clear and obvious points. Believe it or not, stare decisis is dead in Nigeria. Why are there so many conflicting decisions of the Court of Appeal? Where did inferior courts get the effrontery to dissent and depart from Supreme Court decisions?

I recently read a UK decision where someone had tried to argue that the same issues were already pending in Nigerian courts and so should not be re-litigated in the UK. It was so sad the way the British Judges smirked at the argument and immediately dismissed it and continued the proceedings in the UK. They did not for once think that pendency of the same issues in a Nigerian court was a serious constraint to their jurisdiction because, according to them, the Nigerian courts would take forever to resolve the issues and there was no assurance of the integrity of the system.So they proceeded with the case in UK anyway! That was a sad indictment. But, it is understandable for a UK Judge to think this way of the Nigerian Judiciary with all sorts of tales of soddy dealings with Judges because no UK Judge has EVER been sacked for corruption in the history of their judiciary. They simply do not have those kind of characters on the English bench deciding people's fate of a daily basis. Lucky English!

Now let's continue our talk on Nigeria. Do you remember Wamakko's case in the Sokoto Gubernatorial elections? Well, I still do not believe what happened in that case. The Constitution had stated that Governorship petitions ended at the Court of Appeal. The Supreme Court had no jurisdiction over Governorship appeals at the time. But the then Chief Judge, Katsina-Alu, for the first time in the history of Nigeria, arranged to have the case heard as an appeal to the Supreme Court, even without constitutional jurisdiction, simply because, as we later got to learn from Justice Salami's affidavits, he had vested interest in the case. Now, a few years later, Olujimi SAN went to the Supreme Court on a matter that the Supreme Court did not have jurisdiction and rightfully in my view cited this same Wamakko's case as authority, but the Supreme Court ducked and said the Wamakko case was a one-off decision, or something to that effect. Can you beat that? The Supreme Court was too ashamed to follow its own earlier decision!! Now Katsina-Alu is enjoying retirement, fully paid for by my taxes. But that is just one instance. I can give you 2,000 other examples off the top of my head of similar incidents in recent times.

Previously, not so long ago, Nigerian Judges were the toast on the African continent. Justice Udo Udoma was Chief Judge of Uganda. Akinola Aguda was Chief Judge of Botswana. Justice Charles Onyeama, Justice Teslim Elias, Bola Ajibola, Chile Eboe-Osuji, etc, all sat as Judges of International Court of Justice and other tribunals. Every country wanted a Nigerian Judge on its bench. In fact Elias, because of his brilliance, had one of the longest tenures as a Judge in the history of the ICJ. He served for 15 years. This were incorruptible men. But today, countries would think twice before touching a Nigerian Judge with a ten-meter pole. Gambia tried it recently, and got its fingers burnt. It appointed Joseph Wowo as President of its Court of Appeal. Not long after, this fellow was caught on tape negotiating a bribe from a litigant, over a bottle of Hennessy. The President of a Country's Court of Appeal. He has since gone into hiding.

I did election petition last year. In fact, we handled 22 petitions in all. I know what we passed through in those cases. I know what went down in those cases. But i'll say no more on this. I'll just leave it at saying: "Let the law take its course". And as the Judges themselves say: "No one is above the law."