Of Corruption, Judges And DSS

The recent invasion of homes and
subsequent arrest of seven judges
by the Department of State Services (DSS), is an issue that would continue to attract diverse views for sometime to come. Apart from raising questions about the mandate of the DSS, it means trouble for the dispensation of justice in Nigeria.
Though the seven judges in question have been granted bail on self recognition, the action remains an embarrassment, not only to the judiciary, the legal profession but indeed civilisation and democracy.
To many angered by various conflicting judicial pronouncements of late, the harassment of the judicial officers did not come as a surprise, but the manner in which it came was what is quite disturbing: midnight raids of residences of serving judges with battering rams, crowbars, cocked guns and rifles.
It is however, curious to note that of the seven judges arrested, three had already been dismissed from service since 2016, while the other four judges are known to have made pronouncements or judgements in their various courts not favourable to the powers that be in the country. That is why the DSS actions seem very suspicious. Another question it raises is whether or not the Federal Government is cashing in on the dismissal of some judges to discredit and humiliate judges they see as obstacles to their agenda.
Moreover, under a democratic disposition, the organs responsible for arresting corrupt offenders are the Economic and Financial Crimes Commission (EFCC) and the Police.
The mandate of the Department of State Service (DSS) under the 1986 (Decree 19) later amended to read Presidential Proclamation Act of 1999 include providing security for senior government officials, particularly the President, Vice President, Governors, Deputy Governors and their families, Senate President, Deputy Senate President, Speaker of the House of Representatives, the Deputy Speaker as well as foreign dignitaries visiting Nigeria like Presidents and Heads of Government.
It is also charged with the responsibility of protecting and detecting within Nigeria of any crime against internal security. The protection and preservation of all non-military classified matters concerning Nigeria and such other responsibilities affecting internal security within Nigeria as the National Assembly or the President may be deem necessary.
In essence, the scope of what the DSS did was totally outside its powers as the judges were never security threat to the country. What was also quite disturbing was the secrecy that attended the series of arrests, thus, Ieaving more questions, one of which is whether or not the suspects were invited at anytime by the law enforcement agents and they refused to honour such invitation. Were they reported to the National Judicial Council (NJC), did the DSS actually secure arrest and search warrants from courts of competent jurisdiction or did it exhaust all options governing the arrests of person(s) suspected to have committed acts of corruption?
Does the DSS have the constitutional power of investigating crimes as alleged which were not acts of treason, insurrection, spying or cross border crime?
While The Tide does not support corrupt judges to go unpunished, we also consider the Gestapo-like attack very undemocratic and smarks of dictatorship and despotism. This is why we expect the Nigeria Bar Association (NBA), civil societies and other stakeholders in the Nigerian project to sustain the protest against the ugly trend. It is indeed a bad omen for our democracy. Without doubt, these invasions are unconstitutional and appear to be a deliberate attempt to intimidate the judiciary. Such should not be allowed to re occur.
The Tide therefore demands that the DSS must follow established procedures of handling such matters involving serving judges. Constitutional process should be applied. Also, it is our demand that DSS should limit itself to its constitutional and statutory responsibilities in the discharge of its functions.