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]