cjn
ad Mahmud Mohammed, Chief Justice of Nigeria

The Chief Justice of Nigeria, Mahmud Mohammed has described the October 7 and 8 arrest of some judges across the country by the Department of State Security as very saddening and deeply regrettable.

The Chief Justice who was making his first public reaction to the development spoke at a valedictory court session held in Abuja in honour of a retiring judge of the Supreme Court, Justice Suleiman Galadima on Monday.

He told the gathering:

“My lord, invited guests, ladies and gentlemen, not to detract from this occasion, it is indeed very saddening and deeply regrettable, the distressing and unfortunate incident which occurred on Friday, October 7 and
Saturday, October 8, 2016.

“However, I must ask all Nigerians to remain calm and prayerful as  the emergency meeting of the National Judicial Council, which will take place tomorrow will comprehensively look into the matter.

“Furthermore, I must express my sincere appreciation to the executive of the Nigerian Bar Association led by the president, Abubakar Mahmood, SAN, and indeed all members of the legal profession for their prompt
action and continued support.”

The ‘sting operation’ carried out by the DSS on the homes of the judges and the arrest, according to the agency, has to do with allegations of corruption against the judges which were brought to his attention. The DSS says it recovered monies running into millions of naira in both local and foreign currencies from the homes of the judges.

The judges affected in the operation include two sitting justices of the Supreme Court namely: Justice Sylvanus Ngwuta and Justice Inyang Okoro. Also arrested is the Presiding Justice of the Ilorin Division of the Court of Appeal who has been on suspension, Justice Mohammed Tsaniya.

Others are the former Chief Judge of Enugu State, Justice I.A. Umezulike, Justice Adeniyi Ademola of the Federal High Court, Abuja, Justice Kabiru Auta of the Kano State High Court, and Justice Muazu Pindiga of the Federal High Court, Gombe.

The arrest of another judge, Justice Abdulahi Liman of the Federal High Court Port Harcourt was however thwarted by the intervention of the Rivers State Governor, Chief Nyesom Wike.

Following the crackdown on the justices, the DSS has explained that it followed due process in its actions and that both search and arrest warrants were secured to carry out the operation. However, many senior lawyers across the country and some other informed members of the public think the DSS does not have the constitutional right to carry out the arrests. The controversy is raging and the issue is joined between those who think the DSS acted outside its mandate and those who claim their action is justified under Nigerian law.

The Nigerian Bar Association led by its president, Abubakar Mahmood, SAN, has condemned the development. It has declared a ‘judiciary state of emergency’ and called for the immediate release of the judges.