…The Judiciary Is The Last Hope Of The Common Man….
I once wrote an article where I asserted that Kleptocracy Is A Native Of Nigeria and that Your Profession Could Be The Only Passport You need To Land In Hell
Nigeria has been rocked in recent times with scandals of Judges collecting bribes in sums that are simply mind boggling and the gestapo style a judge was arrested in the dead of the night.
It Was Alleged That Some Of The Judicial Officers Have Turned Granting Of Bails To Defendants To A Money Making Venture.
A Serving Governor Even Got In The Mix Of Stopping The Arrest Of The Supreme Court Judge.
How did a supreme Court judge manage to have Two Million United States Dollars ($2,000,000 USD) Cash Stashed In His House?.
There are other news items showing that something may be seriously amiss in our judicial system and the practitioners.
There have been loud protests as to the manner some of the Judges were arrested, and the agent of government used to effect the arrest, the timing, and the propriety (the Judicial Council bypass).
Here is one of such complaints
Search Warrants Backed With Heavily Armed Military Personnel Speak Volume. Were They Going After A Drug Lord Or Armed Gang? Even Dasuki Was Not Raided At Night. Why The Unholy Hours To Effect Arrest? What Of The Traumatic Impacts On The Judges Family Members During Such Sleeping Hours. It’s Not A Civilised Way In A Democratic Dispensation.
Personally, I have found many of the objections of the lawyers, threatening fire and brimstone, simply lacklustre. And this is strictly from a layman’s point of logical view.
Here are some other objections on this whirlwind of change sweeping through the Citadel of Justice.
Based On The Rules Of Arrest And Search, The DSS Is Not Empowered To Effect This Kind Of Arrest .. Only The Police Is Mandated To Do So.
This was swiftly countered with these legal sectional quotes:
S 40 ACJA: A Court May Issue A Warrant Of Arrest To Any Person Or Other Persons If Immediate Execution Is Necessary.
S 147 ACJA: A Search Warrant May Be Directed To One Or More Persons, And Where Directed To More Than One, It May Be Executed By All Or By Any One Or More Of Them.
As to the objection to the sting operation being carried out in the dead of the night, somebody gave this brilliant answer:
When You Need To Collect Evidence For Prosecution, You Don’t Give Advance Notice, Otherwise, The Suspect Would Tamper With The Evidence Being Sought
I also asked,
Where In The Law Books Does It State That An Arrest Has To Be Carried Out At A Particular Time Of The Day / Night?
Another lawyer felt the arrest is a great affront on highly placed judicial officers, and such issues have traditionally been left to the National Judicial Council to handle internally.
I had this response.:
It’s Like Insisting That When A Medical Doctor Gets Caught Trying To Smuggle Cocaine Into Nigeria From Colombia, We Should Let The Nigerian Medical Association (NMA) Deal With Him.
That Is Simply Hilarious, As The Laws Of Any Professional Association Is Inferior To The Laws Of State.
Judges are like Doctors. They literally hold the power of life and death. Next to God, people revere them because a compromised judge can sentence an innocent man to his death. A corrupt doctor can literally kill you if his love money supersedes his observance of the Hippocratic Oath.
The judiciary is said to be the last hope of the masses.
In a situation where Judges cannot be trusted to be above board and be incorruptible, the society is really in deep shit, please pardon this German.
My wife once worked in a law chamber of a drug law prosecution firm, years so.
She saw, first hand, how judges do deals with Drug Barons,and raw cash changed hands..
She witnessed how big guns who are supposed to be in detention (pending trial) are flown abroad and brought back in time to attend criminal trials, while the impression is given that they were in detention all the while.
I am happy that the corruption wave is sweeping over the Judiciary. That Augean Stable certainly needs to be cleaned out, as its sanitisation will have a lot of positive ripple effects on the anti corruption drive of the federal government.