Sanusi MOYI
The ruling delivered by Lagos Appeal court that EFCC lacks or does not have statutory powers to either, investigate or prosecute serving judicial officers except, where such individuals have first been dismissed or retired by the National Judicial Council (NJC), the body responsible for disciplining erring judges. To me this ruling is one of the most dangerous, ridiculous and shameful judgement ever heard.
The judgement which was delivered by the leading judge, Obasake Adejumo continued that, serving judicial officers can only be prosecuted for offences like murder, stealing and others if such offences were committed outside the discharge of their official duties. But once the offence was allegedly committed in the discharge of their duties, they must first be tried by the judicial council, NJC, and dismissed or retired before the EFCC can investigate or prosecute them.
The ruling was in favor of justice Hyeladzira Nganjiwa, a serving Judge of the Bayelsa Division of the Federal High Court who was arraigned by the EFCC for allegedly receiving $260,000 and N8.65millon, gratification to enrich himself as a public official.
To add salt to the injury the court states that for EFCC (in essence, any other relevant agencies) to prosecute its member such agency most notify the NJC, meaning they most route their request through the NJC, this is absurd. We all know that NJC is an administrative while EFCC and other related agencies such as ICPC, DSSS and CCB are agencies established by acts of the National Assembly given power to investigate and prosecute all erring public office holders. How can an administrative setup precede or supersede the established bodies empowered to execute all criminal trials? More so, Judges are public servant hence they are answerable and subjected to scrutiny on all the action or inaction committed while conducting their official duties. Like any other public servant they too have to be opened and subjected to all laid down rules, regulations and extant laws of the land.
In this country apart from President, Vice president, governors and their deputies nobody has immunity against criminal prosecution therefore; this judgment is nothing but an attempt to grant judges immunity through the back door which I believe all concerned Nigerians will condemn this injustice.
The doctrine of separation of powers is a cardinal feature of a democratic government. The doctrine was introduced by a French Political Philosopher, Baron de Montesquieu for the protection of people from dictatorship. This keeps the three arms of government in check. No arm of government exploits its powers without the scrutiny of the other arms (Ekedi Agunkwu Esq.).
The separation of power between the three arms of the government enshrined in the Nigerian constitution doesn’t mean the judges should live in their own realm and planet outside the rest of us, the populace; the reason and wisdom behind the separation is, to have a kind of check and balance on each other so that none of them abuse its power. In this scenario, judiciary has crossed the red-line; it has indeed crossed its boundary and hence, must be cautioned to return to the right path.
With this lopsided injunction and many interlocutory and baseless verdicts, the popular saying that, judiciary is the last hope of the common man meaning, it is the only place the common man can get justice seemed to be a mythical phrase.
With these kinds of twisted and sentimental verdicts and repeated allegations that judges in this country are selling judgments to the highest bidders, one can only but refute this popular saying. Also, with rampant and serious Money laundering cases being deliberately thrown out and rubbished by our corrupt judges now a day it appears that “Justice is not for all; justice in Nigeria is for the highest bidders”.
Today in Nigeria because of the actions of corrupt judges, despite all the efforts of the present government in fighting the menaces of corruption and other predicate offences to Money laundering and Terrorism financing, apart from confiscation and forfeiture of funds and assets from these criminals, we could not reach any milestone in terms of prosecution; for over two years now no high profile official is being sentenced and now cooling behind the bar this is very sordid story.
There are serious allegations that, judges are conniving with lawyers and of course the criminals under investigation including some few unscrupulous elements among the prosecutors to scuttle and kill investigations especially, on high profile individuals by making sure that such cases never see the light of the day.
The prostration is overwhelming, even Mr. president lamented that, fighting corruption was a major challenge the country is facing; and these may not be unconnected with the deliberate schemes by the so-called judges to sabotage the fight against corruption. High profile cases which if, reach logical conclusion will serve as deterrent to other public office holders are being thrown out of court simply for technicalities rather than the actual crime committed.
With this situation, people will no longer be scared of siphoning public funds because, they believe they can find their way in case of any eventuality. I concur with the Chairman, Presidential Advisory Committee against Corruption (PACAC), Prof. Itse Sagay, SAN that, “Judges who are corrupt have destroyed the judiciary and nothing is too much for their punishment”. Unless the system is entirely been overhauled, we will continue to be revolving around and achieving nothing or little, and watching the looters of our commonwealth along with their relations and concubines living lavishly while, in the midst of all the abundant resources our people are ravaging in abject poverty and hunger.
GOD BLESS NIGERIA,
By Sanusi S. Moyi.
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