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On the sanitisation of the judiciary

“While it is true that a drastic situation may require equally drastic measures to curtail, it is also true that two wrongs do not make a right. I must admit that I am shocked at the claims that huge amounts of money in local and foreign currencies were recovered from the homes of some of these judges. If proven to be true, surely the judges concerned must offer some explanation as to how they came to be in possession of such vast amounts of money.”

The quote above was a public statement by a legal luminary, Chief Afe Babalola, in the wake of the raid of homes of some judges by the Directorate of State Services (DSS) in the early hours of Saturday, October 8, 2016.

Expectedly, the development attracted immense and mixed attention from the public. A section of the public commended the action and saw it as a step in the right direction by the Buhari-led administration, which primarily rode to power by wielding the anti-corruption stick. However, there were others who condemned the development, arguing that the DSS lacked the authority to carry out the act. This section of the public saw the development as an invasion of the judicial arm of government.

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But one thing that shouldn’t be missing on both divides is that a precedent was set by the invasion and arrest of Justice Sylvester Ngwuta, Justice Inyang Okoro (Supreme Court judges), Justice Mohammed Tsamiya (Court of Appeal, Ilorin), Justice Kabiru Auta (Kano State High Court), Justice Adeniyi Ademola (Federal High Court, Abuja), Justice I. A. Umezulike (former Chief Judge of Enugu State) and Muazu Pindiga (Federal High Court, Gombe).

So, when a similar axe fell on the Chief Justice of Nigeria (CJN), Walter Onnoghen, many were not surprised. Before the intention to prosecute him was made public, there had been readable signs that it was a matter of time. Onnoghen was the first CJN in acting capacity whose confirmation took the longest time. There was an allegation that the Presidency was reluctant to confirm him because his hands were already dirty, but succumbed to pressure by those who played the politics portraying him as a victim.

The question now is: Did Onnoghen commit the ‘crime’ he was accused of? When confronted, he admitted that he forgot to declare some of his assets.  Was his failure to declare those assets not a desecration of the temple of justice he swore to protect? Unfortunately, instead of boldly facing the truth, Onnoghen is playing to the gallery by courting ethnic jingoists and political prostitutes.

It is baffling to find learned professionals obsessed with self-righteousness, defending matters that are clearly condemnable. By their actions they have further plunged the judiciary, our temple of justice, into an ocean of disrepute. And that is highly unfortunate.

Also, if the embattled CJN honestly respected the sanctity of his office, he would not prolong his tenure by seeking reprieve from the National Judicial Commission (NJC) through his numerous solicitors and kinsmen, having pleaded guilty in writing.

Another disturbing aspect of the pro-Onnoghen bandwagon is the deliberate avoidance of the damning implications of his action. It is said that the CJN stashed away dollars, euro, pounds sterling and naira in his undeclared accounts, for personal use.

Perhaps, after the first DSS raid on judges’ homes in 2016, we cannot underestimate the capacity of Nigerian judges to compete with bureau de change operators, yet our loquacious lawyers will continue to rise in their defence.

Against this background of self-indicting acts of commission and omission by so-called legal luminaries, most Nigerians regard the desperate attempts to politicise Onnoghen’s action as diversionary and intended to discredit the Buhari administration, especially as the February 16 presidential election gets closer.

Let it be clearly stated that President Muhammadu Buhari is genuinely fighting corruption, and the judiciary will not be an exception. For Nigeria to make the needed progress, there is the need to sanitise our temple of justice.

Interestingly, we have had former governors, parliamentarians, presidents, generals, civil servants, businessmen, policemen and clerics exposed and sanctioned for various corrupt practices. Some of them have been tried and convicted; so why not judicial officers in high and low places?

No matter how they present their cases, judicial officers and lawyers cannot cover injustice and corruption in the judiciary. No matter how long it takes, justice will always prevail and evil exposed. At the end of the day, a better Nigeria will be the beneficiary, thanks to President Buhari’s relentless war against corruption.

 

Okemeke, a public affairs analyst, wrote from Port Harcourt, Rivers State.

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