The Socio-Economic Rights and Accountability Project, (SERAP) has sent an
\nopen letter to President Muhammadu Buhari requesting him to use his \u201cgood
\noffices and leadership to urgently instruct the Department of State
\nService (DSS) to immediately and unconditionally release all the judges
\narrested by them and to ask the DSS to end continuing intimidation and
\nharassment of the judiciary.\u201d<\/p>\n
The organization said that, \u201cIf following the receipt and\/or publication
\nof this letter, your government fails or refuses to immediately and
\nunconditionally release the judges as requested, SERAP would promptly
\nconsider appropriate legal options nationally and internationally to
\nensure the full and effective implementation of our requests.\u201d<\/p>\n
SERAP\u2019s letter dated 9 October 2016 and signed by its executive director
\nAdetokunbo Mumuni said that, \u201cWe are seriously concerned about the wave of
\narrests, intimidation and harassment of judges across the country by the
\nDSS. While we fully support the government\u2019s efforts to eradicate judicial
\ncorruption, we cannot accept anticorruption strategies and methods which
\npatently offend the rule of law and undermine the authority, integrity,
\nsanctity and independence of the judiciary.\u201d<\/p>\n
The letter copied to both Mr Zeid Ra\u2019ad Al Hussein UN High Commissioner
\nfor Human Rights, and Ms Monica Pinto, UN Special Rapporteur on the
\nindependence of judges and lawyers\u00a0reads in part: \u201cSERAP believes that
\nstrategies and methods to sanction suspected corrupt judges must never
\nhave an inhibiting or chilling effect on the authority, sanctity,
\nintegrity and independence of the judiciary.\u201d<\/p>\n
\u201cUncertainty of the processes and grounds on which suspected corrupt
\njudges can be sanctioned would affect the capacity of all judges to act
\nindependently, and public confidence in the judiciary. Judges, like other
\nconstitutional functionaries must face the law if they depart from or
\ndeceive the law, such as when they are suspected of engaging in
\ncorruption. But what the DSS has done is a blow to the independence of
\njudiciary, and a dangerous precedent that should not be allowed to stand.\u201d<\/p>\n
\u201cThe value of the principle of judicial independence is that it protects
\njudges from arbitrary sanctions by the Government. The way this country
\ndispenses justice and treats its judges will show the moral and legal
\ncharacter to which it can pretend.\u201d<\/p>\n
\u201cSERAP is concerned that the action by the DSS if allowed to stand or
\ncontinue, would make judges susceptible to pressure from the executive.
\nThus, instead of fulfilling the stated aim of eradicating judicial
\ncorruption, the actions of the DSS has served to undermine the
\nindependence of the judiciary in Nigeria, and reinforce the practices
\nunder successive governments of undue political interference in the
\njudiciary.\u201d<\/p>\n
\u201cJudicial accountability must respect the fundamental principles of the
\nindependence of the judiciary and the separation of powers, and its
\nproceedings must be in line with constitutional and international
\nstandards of due process and fair trial. Indeed, international standards
\nrequire that the bodies responsible for sanctioning corrupt judges should
\nbe independent from the government, and that any legal sanction against
\nsuspected corrupt judges must be determined in accordance with
\nwell-established procedures that guarantee the rights of judges to a fair
\nand transparent trial, and to an independent review.\u201d<\/p>\n
\u201cOne of the cardinal pillars of the rule of law is an independent
\njudiciary. Without a judiciary that is independent, the concept of rule of
\nlaw becomes a mockery.\u00a0 The requirement of independence and impartiality
\ndoes not exist for the benefit of the judges and prosecutors themselves,
\nbut rather for court users as a part of their inalienable right to a fair
\ntrial.\u201d<\/p>\n
SERAP therefore urged President Buhari to:<\/p>\n
1.\u00a0\u00a0\u00a0\u00a0 Urgently instruct the DSS to immediately and unconditionally
\nrelease all the judges arrested by them, and to end continuing
\nintimidation and harassment of the judiciary across the country;
\n2.\u00a0\u00a0\u00a0\u00a0 Publicly commit that your government will not seek to undermine the
\nintegrity, sanctity, authority and independence of the judiciary in its
\nefforts to combat judicial corruption;
\n3.\u00a0\u00a0\u00a0\u00a0 Avoid any action that tends to weak judiciary independence and
\npublic confidence in the judiciary;
\n4.\u00a0\u00a0\u00a0\u00a0 Ensure that justice is not only done, but must also appear to be
\ndone in the fight against judicial corruption;
\n5.\u00a0\u00a0\u00a0\u00a0 Promptly, thoroughly, transparently and impartially investigate
\nattacks against judges by DSS and bring to justice anyone responsible<\/p>\n
\u201cAccording to reports, two Justices of the Supreme Court– Justices
\nSylvester Ngwuta and John Okoro–were arrested after a raid on their homes
\nin Abuja by operatives of the DSS early Saturday morning. The two men are
\nsaid to be currently in the DSS custody in Abuja. Justice Adeniyi Ademola
\nof the Federal High Court in Abuja was also said to be arrested by the
\noperatives of the DSS after breaking into his official residence at about
\n1am on Saturday.\u201d<\/p>\n
\u201cThere are also reports of invasion of the houses and harassment of judges
\nof the Federal High Court in Abuja, Gombe and Port Harcourt, Rivers State.
\nThe raids on the judges\u2019 houses were reportedly carried out at 2am. The
\nofficial residence of another judge of the Federal High Court in Abuja,
\nJustice Nnamdi Dimgba was also searched. SERAP notes that at least two of
\nthe judges had recently ruled against the DSS and condemned its disregard
\nof the laws of the land during its operations.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
The Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to use his \u201cgood offices and leadership to urgently instruct the Department…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-53767","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n