The Socio-Economic Rights and Accountability Project, (SERAP) has sent an
open letter to President Muhammadu Buhari requesting him to use his “good
offices and leadership to urgently instruct the Department of State
Service (DSS) to immediately and unconditionally release all the judges
arrested by them and to ask the DSS to end continuing intimidation and
harassment of the judiciary.”
The organization said that, “If following the receipt and/or publication
of this letter, your government fails or refuses to immediately and
unconditionally release the judges as requested, SERAP would promptly
consider appropriate legal options nationally and internationally to
ensure the full and effective implementation of our requests.”
SERAP’s letter dated 9 October 2016 and signed by its executive director
Adetokunbo Mumuni said that, “We are seriously concerned about the wave of
arrests, intimidation and harassment of judges across the country by the
DSS. While we fully support the government’s efforts to eradicate judicial
corruption, we cannot accept anticorruption strategies and methods which
patently offend the rule of law and undermine the authority, integrity,
sanctity and independence of the judiciary.”
The letter copied to both Mr Zeid Ra’ad Al Hussein UN High Commissioner
for Human Rights, and Ms Monica Pinto, UN Special Rapporteur on the
independence of judges and lawyers reads in part: “SERAP believes that
strategies and methods to sanction suspected corrupt judges must never
have an inhibiting or chilling effect on the authority, sanctity,
integrity and independence of the judiciary.”
“Uncertainty of the processes and grounds on which suspected corrupt
judges can be sanctioned would affect the capacity of all judges to act
independently, and public confidence in the judiciary. Judges, like other
constitutional functionaries must face the law if they depart from or
deceive the law, such as when they are suspected of engaging in
corruption. But what the DSS has done is a blow to the independence of
judiciary, and a dangerous precedent that should not be allowed to stand.”
“The value of the principle of judicial independence is that it protects
judges from arbitrary sanctions by the Government. The way this country
dispenses justice and treats its judges will show the moral and legal
character to which it can pretend.”
“SERAP is concerned that the action by the DSS if allowed to stand or
continue, would make judges susceptible to pressure from the executive.
Thus, instead of fulfilling the stated aim of eradicating judicial
corruption, the actions of the DSS has served to undermine the
independence of the judiciary in Nigeria, and reinforce the practices
under successive governments of undue political interference in the
judiciary.”
“Judicial accountability must respect the fundamental principles of the
independence of the judiciary and the separation of powers, and its
proceedings must be in line with constitutional and international
standards of due process and fair trial. Indeed, international standards
require that the bodies responsible for sanctioning corrupt judges should
be independent from the government, and that any legal sanction against
suspected corrupt judges must be determined in accordance with
well-established procedures that guarantee the rights of judges to a fair
and transparent trial, and to an independent review.”
“One of the cardinal pillars of the rule of law is an independent
judiciary. Without a judiciary that is independent, the concept of rule of
law becomes a mockery. The requirement of independence and impartiality
does not exist for the benefit of the judges and prosecutors themselves,
but rather for court users as a part of their inalienable right to a fair
trial.”
SERAP therefore urged President Buhari to:
1. Urgently instruct the DSS to immediately and unconditionally
release all the judges arrested by them, and to end continuing
intimidation and harassment of the judiciary across the country;
2. Publicly commit that your government will not seek to undermine the
integrity, sanctity, authority and independence of the judiciary in its
efforts to combat judicial corruption;
3. Avoid any action that tends to weak judiciary independence and
public confidence in the judiciary;
4. Ensure that justice is not only done, but must also appear to be
done in the fight against judicial corruption;
5. Promptly, thoroughly, transparently and impartially investigate
attacks against judges by DSS and bring to justice anyone responsible
“According to reports, two Justices of the Supreme Court– Justices
Sylvester Ngwuta and John Okoro–were arrested after a raid on their homes
in Abuja by operatives of the DSS early Saturday morning. The two men are
said to be currently in the DSS custody in Abuja. Justice Adeniyi Ademola
of the Federal High Court in Abuja was also said to be arrested by the
operatives of the DSS after breaking into his official residence at about
1am on Saturday.”
“There are also reports of invasion of the houses and harassment of judges
of the Federal High Court in Abuja, Gombe and Port Harcourt, Rivers State.
The raids on the judges’ houses were reportedly carried out at 2am. The
official residence of another judge of the Federal High Court in Abuja,
Justice Nnamdi Dimgba was also searched. SERAP notes that at least two of
the judges had recently ruled against the DSS and condemned its disregard
of the laws of the land during its operations.”