Femi Falana, a senior advocate of Nigeria, has asked members of the legal profession to blame themselves for the harassment of judges by the security agencies.
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| Mr. Femi Falana |
While asking that the
judges arrested on Saturday should be granted bail and charged to court immediately,
he said the Nigeria Bar Association (NBA) had been shielding corrupt members of
the bar and the bench.
In a statement he issued on
Sunday evening, he wrote: “It is a matter of grave concern that the legal
profession has allowed the denigration of the hallowed temple of justice
because of the misconduct of a few corrupt judges.
“For several years, judges
who committed grave criminal offences were not prosecuted but merely retired by
the authorities on the recommendation of the National Judicial Council.
Although the National Judicial Council recently recommended the dismissal and
prosecution of a judge for extorting the sum of N197 million from a litigant
the authorities had paid lip service to the menace of judicial corruption in
the country.
“In particular, the
Nigerian Bar Association which has information on all corrupt judges and
lawyers in the country have continued to shield them to the embarrassment of
incorruptible members of the bar and the bench. The few lawyers who have
plucked up the courage to expose corrupt judges and lawyers have been
stigmatised and treated like lepers by their colleagues.”
HIS FULL STATEMENT
The State Security Service (SSS) raided the official
quarters of judges at Abuja, Gombe, Kano and Port Harcourt last Friday night.
During the raid, the homes of the judges were searched while some of
them were arrested and taken away. They have since been detained
by the SSS. In a press statement issued at the end of the raid, the SSS
alleged that the suspects have engaged in judicial misconduct and corrupt
practices. Details of the humongous sums of money recovered during the raid
have been released to the press. One of the judges was said to have escaped
arrest with the assistance of a state governor.
As the detained judges are presumed innocent until the contrary is
proved by the State, they should be admitted to bail in self
recognizance. At the same time, the office of the Attorney-General
of the Federation should ensure that the suspects are arraigned in
court without any further delay. However, it is a matter of grave concern that
the legal profession has allowed the denigration of the hallowed temple of
justice because of the misconduct of a few corrupt judges. For several years,
judges who committed grave criminal offences were not prosecuted but merely
retired by the authorities on the recommendation of the National Judicial
Council. Although the National Judicial Council recently recommended the
dismissal and prosecution of a judge for extorting the sum of N197 million from
a litigant the authorities had paid lip service to the menace of judicial
corruption in the country.
In particular, the Nigerian Bar Association which has information
on all corrupt judges and lawyers in the country have continued to shield them
to the embarrassment of incorruptible members of the bar and the bench. The few
lawyers who have plucked up the courage to expose corrupt judges and lawyers
have been stigmatised and treated like lepers by their colleagues. It is on
record that when both the Independent Corrupt Practices and other Offences
Commission and the Economic and Financial Crimes Commission sent invitation
letters to judges suspected of corruption they had rushed to the Federal High
Court to obtain interlocutory injunctions to prevent their arrest,
investigation and prosecution. About two years ago, an anti graft agency found
N2 billion in the account of a high court judge. As soon as the judge was
invited for questioning she reported and made a statement and was granted
bail. But as she could not defend the lodgement in her bank account she
obtained an interlocutory injunction from one of the judges in the custody of
the SSS. It is common knowledge that two Senior Advocates of Nigeria are
standing trial in the Lagos high court for allegedly bribing a judge. Even
though it takes two to tangle the judge has not been charged to court for
allegedly receiving bribe.
Having failed to take advantage of the relevant statutory
disciplinary bodies to purge the bar and the bench of corrupt elements the
members of the legal profession have themselves to blame for the harassment of
judges by security forces. It is on account of negligence on the part of
the legal profession that the SSS which screens candidates before they
are recommended by the National Judicial Council for appointment as
judges has now engaged in the arrest of judges for alleged corruption and abuse
of office. To avoid any further embarrassment in the circumstances, the bar and
the bench should immediately strengthen their disciplinary bodies with a view
to removing the few corrupt judges and lawyers whose criminal activities have
continued to erode public confidence in the judiciary.
Finally, it is painful to note that, before now, the demand of the
human rights community to the effect that the fundamental rights of lowly
placed criminal suspects be respected by the Police and other security
agencies has been treated with disdain. But having regard to the fact
that judges and other influential citizens have since become victims
of institutionalized abuse of official harassment, it is high time
that all stakeholders demanded that every criminal suspect be treated with
dignity in line with the provision of the Constitution and the
Administration of Criminal Justice Act 2015.
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