Ekiti NASS Members Okay Anti-grazing Law, Urge Strict Adherence

Members of the National Assembly (NASS) from Ekiti State have expressed support for the State Prohibition of Cattle and other Ruminants Grazing in Ekiti State Law, saying “The law must be obeyed by anyone willing to do Cattle business in Ekiti State because Nigeria is a federation and each State is empowered by law to make laws to protect its people.”

The NASS members said rather than issuing treats against the government and the people of Ekiti State over the enforcement of the grazing law, the Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN) should collaborate with the government to stop the menace of Fulani herdsmen in the State.

The NASS members; Senators Biodun Olujimi and Duro Faseyi as well as House of Representatives members; Hon Akin Awodumila, Hon Segun Adekola, Hon Kehinde Agboola, Hon Ayodele Oladimeji and Hon Thadeus Aina, said, after meeting with the governor in Ado-Ekiti on Sunday, that “all lovers of peace and progress of Ekiti State must support the governor to protect the lives and properties of our people.”

The lawmakers called on all security agencies in the State to join the newly established Ekiti Grazing Enforcement Marshal (EGEM) to enforce the grazing law.

They said; “There is nowhere in the world where people engage in business without control from the government and controlling cattle grazing in Ekiti State must not be seen by anyone as targeted at the business interest of any section of the country.

“For instance, those selling cloths have business premises in form of shops that they pay for while those into poultry farming own pens. Why can’t cattle farmers also own business premises in form of ranch?

“Even if there are no incidences of killing of people and destruction of farmlands, it will still not be right in this modern age for cattle to be moving from one location to another, in most cases, on highways and in major cities.

“Now imagine a situation where cows are being made to graze on peoples farmlands and those who resisted the herdsmen are being killed. Can any responsible governor keep silent and allow his people to be killed and their sources of livelihood destroyed?

“It is for this reason that we salute the courage of our governor for being alive to his primary responsibility of protecting Ekiti people and we urge the cattle breeders to apply to the State Ministry of Agriculture for designated grazing areas as stipulated by the law.”

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FG Orders Ojudu To Supply Weapons To Fulani Against Ekiti People -PDP Alleges

The Peoples Democratic Party (PDP) in Ekiti State has described the yesterday’s meeting of the Special Adviser to the President on Political Matters and former Senator, representing Ekiti Central, Senator Babafemi Ojudu with members of the Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN) as a plan to supply the Fulani Herdsmen with sophisticated weapons to confront Ekiti people and a confirmation that the federal government and All Progressives Congress (APC) in Ekiti State were in support of the invasion of the State by Fulani herdsmen.

The party, which expressed worry that Senator Ojudu could choose to play politics with the lives and sources of livelihood of Ekiti people, said; “With Ojudu’s display of friendship with members of the Miyetti Allah, despite the threat issued by the association issued against the government and people of Ekiti State, the State and its people must have seen who their real enemy is.”

State Publicity Secretary of the PDP, Mr Jackson Adebayo, said in a statement issued in Ado-Ekiti on Wednesday that it was strange that the same Senator Ojudu that kept silent when Fulani herdsmen killed two Ekiti sons and injured several others in Oke Ako in Ikole Local Government was now the one meeting members of Miyetti Allah to pacify them over their alleged killing of their cows.

The party said it was curious that Ojudu and the APC led federal government could be more concerned with the lives of cows than the lives of Ekiti people.

The PDP said; “Ekiti people can now see that the federal government and APC leaders in Ekiti are behind the threat by the Fulani herdsmen to invade our State. If not, did Ojudu call the Miyetti Allah Cattle Breeders Association to any meeting when their herdsmen murdered his own people?

“Did the federal government and the APC issue common press statement to condemn the killing of our people in Oke-Ako and destruction of their sources of livelihood?

“Are cows now more important to Ojudu and his APC than Ekiti people and their sources of livelihood?

“Obviously, by the silence of Ojudu and his party leaders when two Ekiti sons were killed and several others injured by herdsmen, it is clear that the threat issued by Miyetti Allah on Saturday has the tacit support of the federal government.”

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Article -‘The Spiritual Side Of Aso Villa’ Landed Abati In EFCC Custody

The spokesperson of the former President Goodluck Jonathan, Reuben Abati, has been arrested by the Economic and Financial Crimes Commission (EFCC) on Monday over an allegation of N100million shared him by the embattled National Security Adviser to President Jonathan, Col. Sambo Dasuki.

Reacting to the arrest, supporters of the Peoples Democratic Party (PDP), have maintained that Abati was arrested because of his last week publication titled “The spiritual side of Aso Villa” and not in collection with any financial crime as alleged by the Presidency.

In his article, Abati wrote: The  People tend to be alarmed when the Nigerian Presidency takes certain decisions. They don’t think the decision makes sense. Sometimes, they wonder if something has not gone wrong with the thinking process at that highest level of the country. I have heard people insist that there is some form of witchcraft at work in the country’s seat of government. I am ordinarily not a superstitious person, but working in the Villa, I eventually became convinced that there must be something supernatural about power and closeness to it. 

I’ll start with a personal testimony. I was given an apartment to live in inside the Villa. It was furnished and equipped. But when my son, Michael arrived, one of my brothers came with a pastor who was supposed to stay in the apartment. But the man refused claiming that the Villa was full of evil spirits and that there would soon be a fire accident in the apartment. He complained about too much human sacrifice around the Villa and advised that my family must never sleep overnight inside the Villa. 

       I thought the man was talking nonsense and he wanted the luxury of a hotel accommodation. But he turned out to be right. The day I hosted family friends in that apartment and they slept overnight, there was indeed a fire accident. The guests escaped and they were so thankful. Not long after, the President’s physician living two compounds away had a fire accident in his home. He and his children could have died. He escaped with bruises.  Around the Villa while I was there, someone always died or their relations died. I can confirm that every principal officer suffered one tragedy or the other; it was as if you needed to sacrifice something to remain on duty inside that environment. Even some of the women became merchants of dildo because they had suffered a special kind of death in their homes (I am sorry to reveal this) and many of the men complained about something that had died below their waists too. The ones who did not have such misfortune had one ailment or the other that they had to nurse. From cancer to brain and prostate surgery and whatever, the Villa was a hospital full of agonizing patients. 

         I recall the example of one particular man, an asset to the Jonathan Presidency who practically ran away from the Villa. He said he needed to save his life. He was quite certain that if he continued to hang around, he would die.  I can’t talk about colleagues who lost daughters and sons, brothers and uncles, mothers and fathers, and the many obituaries that we issued. Even the President was multiply bereaved. His wife, Mama Peace was in and out of hospital at a point , undergoing many surgeries. You may have forgotten but after her husband lost the election and he conceded victory, all her ailments vanished, all scheduled surgeries were found to be no longer necessary and since then she has been hale and hearty.  By the same token, all those our colleagues who used to come to work to complain about a certain death beneath their waists and who relied on videos and other instruments to entertain wives (take it easy boys, I don’t mean nay harm, I am writing!), have all experienced a re-awakening. 

       Every one who went under the blade has received miraculous healing, and we are happy to be out of that place. But others were not so lucky. They died. There were days when convoys ran into ditches and lives were lost. In Norway, our helicopter almost crashed into a mountain. That was the first time I saw the President panicking, The weather was all so hazy and he just kept saying it would not be nice for the President of a country to die in a helicopter crash due to pilot miscalculations. The President went into a prayer mode. We survived. In Kenya once, we had a bird strike. The plane had to be recalled and we were already airborne with the plane acting like it would crash. During the 2015 election campaigns, our aircraft refused to start on more than one occasion. The aircraft just went dead. On some other occasions, we were stoned and directly targeted for evil. I really don’t envy the people who work in Aso Villa, the seat of Nigeria’s Presidency. For about six months, I couldn’t even breathe properly. For another two months, I was on crutches. But I considered myself far luckier than the others who were either nursing a terminal disease or who could not get it up.

    When Presidents make mistakes, they are probably victims of a force higher than what we can imagine. Every student of Aso Villa politics would readily admit that when people get in there, they actually become something else.  They act like they are under a spell. When you issue a well- crafted statement, the public accepts it wrongly. When the President makes a speech and he truly means well, the speech is interpreted wrongly by the public. When a policy is introduced, somehow, something just goes wrong. In our days, a lot of people used to complain that the APC people were fighting us spiritually and that there was a witchcraft dimension to the governance process in Nigeria. But the APC folks now in power are dealing with the same demons. Since Buhari government assumed office, it has been one mistake after another. Those mistakes don’t look normal, the same way they didn’t look normal under President Jonathan. I am therefore convinced that there is an evil spell enveloping this country.  We need to rescue Nigeria from the forces of darkness. Aso Villa should be converted into a spiritual museum, and abandoned.

    Should I become President of Nigeria tomorrow, I will build a new Presidential Villa: a Villa that will be dedicated to the all-conquering Almighty, and where powers and principalities cannot hold sway.  But it is not about buildings and space, not so?. It is about the people who go to the highest levels in Nigeria.  I really don’t quite believe in superstitions, but I am tempted to suggest that this is indeed a country in need of prayers, We should pray before people pack their things into Aso Villa. We should ask God to guide us before we appoint Ministers.  We should, to put it in technocratic language, advise that the people should be very vigilant. We have all failed so far, that crucial test of vigilance. We should have a Presidential Villa where a President can afford to be human and free. In the White House, in the United States, Presidents live like normal human beings. In Aso Villa, that is impossible. They’d have to surround themselves with cooks from their villages, bodyguards from their mother’s clans and friends they can trust. It should be possible to be President of Nigeria without having to look behind one’s shoulders. But we are not yet there. So, how do we run a Presidency where the man in the saddle can only drink water served by his kinsman?  No. How can we possibly run a Presidency where every President proclaims faith in Nigeria but they are better off in the company of relatives and kinsmen. No. We need as Presidents men and women who are wiling to be Nigerians. No Nigerian President should be in spiritual bondage because he belongs to all of us and to nobody. 

   Now let me go back to the spiritual dimension. A colleague once told me that I was the most naïve person around the place. I thought I was a bright, smart, professional doing my bit and enjoying the President’s confidence.  I spelled it out. But what I got in response was that I was coming to the villa using Lux soap, but that most people around the place always bathed in the morning with blood. Goat blood. Ram blood. Whatever animal blood. I argued. He said there were persons in the Villa walking upside down, head to the ground. I screamed. Everybody looked normal to me. But I soon began to suspect that I was in a strange environment indeed. Every position change was an opportunity for warfare. Civil servants are very nice people; they obey orders, but they are not very nice when they fight over personal interests. 

       The President is most affected by the atmosphere around him. He can make wrong decisions based on the cloud of evil around him. Even when he means well and he has taken time to address all possible outcomes, he could get on the wrong side of the public. A colleague called me one day and told me a story about how a decision had been taken in the spiritual realm about the Nigerian government. He talked about the spirit of error, and how every step taken by the administration would appear to the public like an error. He didn’t resign on that basis but his words proved prophetic. I see the same story being re-enacted. Aso Villa is in urgent need of redemption. I never slept in the apartment they gave me in that Villa for an hour.

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EXPOSED: Our Refusals Of Amaechi’s Offers To Rig Elections Landed Us In DSS Custody -Judges

JUSTICE NGWUTA’S LETTER

18th October, 2016

My Lord, The Hon. the Chief Justice of Nigeria
& Chairman,
National Judicial Council
Supreme Court Complex
ABUJA

My Lord

INVASION OF MY HOUSE IN THE NIGHT, PLANTING OF HUGE SUMS OF MONEY IN DIFFERENT CURRENCIES, PURPORTED RECOVERY OF THE MONEY, CARTING AWAY OF MY DOCUMENTS AND OTHER VALUABLE ITEMS AND MY SUBSEQUENT ABDUCTION BY MASKED OPERATIVES OF THE DSS BETWEEN FRIDAY, OCTOBER 7TH AND SATURDAY, OCTOBER 8TH, 2016

1.        Some days before Friday, 7th October, 2016 I started feeling symptoms of malaria attack.  Any malaria drug keeps me drowsy and sleeping for days and since I had to go to work I decided to hang on until Friday to take the drug after work.

2.        I returned from work late Friday afternoon, had a meal and took the medication I got from Dr. Ukah of the Supreme Court Medical Centre.  By 7.30 pm I was already in bed having switched off my hand sets.  After a little while my house maid knocked on the door to my bedroom.  I reluctantly dragged myself to the door.  She told me that a group of people wanted to see me.  I told her to inform whoever wanted to see me that night that I do not see visitors in the night, that they could come to see me in day time.  I went back to sleep.  I could not tell how long later that I heard knocks on the door.  I ignored the knocks but when my house girl continued knocking on the door I managed to get up and opened the door.  She told me that some people said that the President sent them to me.  I got out of the room to find that a large number of people some of whom wore face masks and hand gloves were everywhere in the ground floor.  I told my house maid to ask the people to meet me in my study next door to the bedroom.

3.        They rushed into my study, one of them said his name was John.  He flashed a card to me and showed me what he said was a search warrant.  My vision was blurred as a result of the malaria and the drug I took.  They had drawn guns.  I was terrified and I thought they had a more sinister mission than a mere search.  I made to know whether the Chief Justice of Nigeria knew of their mission.  One of them contemptuously spat “Who is Chief Judge of Nigeria”.  I brought out my handset to call the Chief Registrar of the Supreme Court, they would not let me do so.  Rather they collected my three phones and another phone that I had discarded.  I lay down on the seat in the parlour downstairs while they turned everything upside down on the ground floor.

When they finished downstairs they demanded that I should show them the rooms on the next floor.  Again I had to lie down on the seat in the room while they turned everything upside down.  I had to go to another seat when they want to upturn the seat I occupied.  One of them saw the sum of forty thousand naira (N40,000.00)  and one thousand naira notes in one of the drawers.  He was excited and called their lead who saw the money and said “This is not the kind of money we came to pick”.  They left the N40,000.000.

4.        In the next bedroom I lay on the bed out of sight of the wardrobe from which they brought some boxes and brief cases and travelling bags.  All the bags and briefcases and travelling bags except one contained only magazines, papers and some old clothing.  Some were empty.  Only one small bag was locked with a padlock and this was the only bag that contained money.  They directed me to come over and remove the padlock.  I retrieved the key from the side pocket of the bag and removed the padlock and returned to my bed.  They put the bags together by the toilet door.  They called me again and asked me whether the bags were my property and I answered they were my property.  None of the bags were neither opened in my presence nor in the presence of my housemaid who was the only person in the house with me at all material times. 

5.        Some of them stayed in the room while I took them to my study.  At this time I became very dizzy and I had to return to lie down on a seat in the parlour and a man with a gun and a face mask stood over me while I dozed.  He followed each time I went to the toilet.  Another one followed my housemaid each time I asked her for water.  There was no way out of the house.  They were at all doors.  Those searching and those outside the house went into the house through the main door, kitchen door and back doors.  They went in and out of every room including the room in which the bags were kept.  I dozed intermittently but my house girl was kept sitting on the steps and was able to observe them coming through the kitchen door but she could not see those who came from back doors, took the second steps and went in and out of the rooms on the upper floor. 

6.         After many hours they came down to the sitting room downstairs and told me they were going to bring down the bags.

I was speechless when I saw them bringing out huge bundles of different currencies from the bags that had contained only magazine papers and old clothes and some were empty.  Some were contained in multi-coloured plastic bags which they tore and discarded.  They put the money in different bags and brief cases and then proceeded to count a large amount of N5, N10, N20 and N50 notes which was the change I returned each time I went to shop over the years.  They kept waking me up to ask how I came about the small denomination of naira notes.  No one asked me any question about the huge sums of money they put in the bags.

7.         One of them came to where I was lying down and ordered me to sit up.  One of the gun men who stood a few feet from me came and stood next to me with his gun drawn.  I was ordered to sign a paper which they said contained a list of what they were taking away.  Confronted with the life-threatening situation I made an instant mental decision that it was better for me to comply with their orders and stay alive to tell my story rather than get shot and killed on the pretext that I attacked them or that I tried to escape.  I signed the paper and wrote my name as ordered.  No one told me what offence I was alleged to have committed.  No one told me of any petition or allegation against me. 

8.         The only bag that contained money was the small bag i locked with a padlock which I unlocked when ordered to do so.  The bag contained the sum of $25,000, £10 = = and a brown envelope containing the sum of N710,000 which was a monthly allowance paid to me for September 2016.  In the brief case, which I carry to my office daily, I had the sum of N300,000 and some loose change.  The above are the only sums of money taken from me along with my phones, papers and other household items.  I do not know how they came about the huge sums of money I saw for the first time in my parlour on the early hours of Saturday, 8th October, 2016.  The various sums of money alleged to have been recovered from me were said to be in the social media in the early hours of Saturday, 8th October, 2016 when the invaders were yet to complete their search.

9.        They took me away in their vehicle but before they drove away they ordered my housemaid to get in and lock the house and not to ever come out

or let anyone into the house.  It was when I saw DSS in the premises into which they drove me that I realized my invaders were agents of a Federal Government Department.  Prior to getting into the premises I thought that the invaders were even armed robbers or kidnappers, more so when I was not questioned by anyone about anything.

10.      Then I became much more disturbed not only for myself but for the future of this great Nation, Nigeria.  I could not convince myself that any agency of the Federal Government, in a democratic setting, could for any undisclosed reason violate the rights of a Nigerian citizen, a Judicial Officer and  Justice of the Supreme Court of Nigeria, for that matter with such impunity.  I thought that the democratic government had been overthrown and the Constitution of the Federal Republic of Nigeria 1999 (as amended) abolished or suspended.

11.      Then the next phase of the ordeal started.  I was taken to a room where I met my learned brother, Hon. Justice John Inyang Okoro, JSC.  He looked spent and so were other Judicial Officers both serving, sacked and retired.  No one told me anything or asked me any question till late in the night when they drove from over one hour to a place they called villa.  They took Justice Okoro and myself into a room that contained only a bed with a discarded, stained old mattress and both of us had to share it for the night.  There was no towel, no soap and worst of all there was no toilet paper.  We slept in our clothes, went under the tap and used our handkerchiefs in place of towels.

12.      The next day, Sunday, we were driven back to the office.  I was taken to a room where two operatives fired questions at me in quick succession.  I answered as much as I could in the circumstances.  I pleaded with them to tell me why I was abducted and detained and subjected to endless questioning.  I also asked why everyone kept mute over the huge sums of money allegedly recovered in my house but none of the two men would answer my question.  We were allowed to go home Sunday night only as a result of the intervention of the Hon. Chief Justice of Nigeria, the Hon. Justice Mahmud Mohammed, GCON.  We were ordered to return on Monday and since then we have been reporting daily to them.

13.      On Friday last week, I was ordered to report by 10 am.  Justice Okoro and I were required to appear before the Judiciary Committee of the Senate.  We told our stories to the Senators and rushed from them to meet our interrogators.  On one particular occasion, I was taken to, and locked up, in their different rooms.  Each room had only a table and a set of chairs and I was kept for about one and half hours in each room.  No one was with me in any of the rooms.

14.      My Noble Lord, I am a victim of my own resolve never to violate my sacred oath of office as a Judicial Officer.  Politicians and their collaborators have been hunting me on that account.  It started in Ebonyi State where I was falsely accused before a panel set up by NJC in August 2000.  It was replicated in 2009 when I was pulled from my Division, Calabar, to preside over a motion filed by Senator Andy Uba seeking to be a Governor without going through the process of election.  In each case I was exonerated.

15.      My present plight started sometime between 2013 and 2014.  I represented the then Chief Justice of Nigeria in an event organised in the International Conference Centre.  Hon. Rotimi Amaechi came in late and sat next to me at the high table.  He introduced himself to me and we exchanged contacts.  A few weeks after, Fayose’s case was determined in the Court of Appeal.  Amaechi called me by 6.45 am.  He said he had come to see me but was told I had left for my office.  When he said he would return in the evening, I demanded to know what he wanted but he would not tell me.  He did not come that evening but came the following morning when I was already prepared to go to work.  He begged me to ensure that Fayose’s election was set aside and another election ordered for his friend Fayemi to contest.  I told him I would not help him and that even if I am on the panel I have only my one vote.

16.      After the Rivers State Governorship election was determined by the Court of Appeal, he called to tell me his ears were full and he would like to tell me what he heard.  I told him I was out of Abuja at the time.  On my return he came in the evening and even before he sat down he barked “You have seen Wike”.  I asked him whether that was a question or a statement.  Then he made a call and asked me to speak with someone.  The man he called said he was a DSS man.  We exchanged greetings and I handed the phone to him.  Next, he said “Oga is not happy”.  I asked him who is the unhappy “Oga” and he answered “Buhari”.  I retorted “go and talk to his wife”.  He got very angry, and left, remarking “we shall see” several times.

17.      Your Lordship may recall one morning when I pleaded not be on the Panel for Rivers Appeal.  Your Lordship said I was already on the Panel and asked me to explain why I made the request to be excluded.  When I explained what transpired the previous night, Your Lordship told me Amaechi had also attempted to influence other Justices.  My Lord, on the day we heard the appeal with your Lordship presiding, we were allowed lunch break at 4.20 pm.  The moment I got into my Chambers he, Amaechi, called.  When he told who was calling, I said to him, “Your Excellency, you want to issue more threats”?  He replied “Have you been threatened before?”  I replied “I know a threat when I hear one even if veiled.  In any case I will not talk to you” and I switched off my phone.

18.      The people who failed in their attempt to destroy me in Ebonyi in 2000 and in Enugu in Andy Uba’s case in the Court of Appeal, Enugu in 2009 are now supplying Amaechi with information to fight me for my negative response to his demands, especially my answer to his statement that “Oga was not happy”.  This infuriated him and as he stormed out he said he would deal with the situation.

19.      The incident I will narrate below may or may not bear on this case.  When the Governorship Election appeal from my State, Ebonyi, came to the Court of Appeal, one Mr. Igwenyi, a Senior staff of Federal Judicial Service Commission came to my Chambers and told me that the former Governor of Abia State, Dr. Ogbonnaya Onu had pleaded with him to convince me to see him, Dr. Onu.  I asked him to call Dr. Onu; he did and I wanted to know why he wanted to see me.  He said it was confidential.  I asked when he wanted to see me and he said he would like me to come in the evening.  I told Igwenyi that he would have to take me to Dr. Onu in his car and bring me back.  I had wanted him to listen to what Dr. Onu had to say but when we arrived, Dr Onu put him in a different room.  He asked me whether I know the Hon. President of the Court of Appeal and I told him that His Lordship was my Presiding Justice in the Court of Appeal, Benin Division.  He asked of my relationship with the PJA and I said it was cordial.  He nodded his head several times in apparent satisfaction.

20.      He told me that the candidate for the Labour Party was ready to switch over to APC if he could help him win the appeal in the Court of Appeal and that in appreciation of the undertaking to come over to his party, he had obtained the services of three Justices of the Court of Appeal to ensure victory for Labour Party.  He said he needed one to convince the PJA to include his three Justices of the Court of Appeal in the five-man panel to hear the appeal.  I told him I would not help him and that I could not in good conscience convey such request even to a Customary Court Judge.  He was disappointed and asked me whether I knew the husband of the PJA.  I told him I did not know the man.  I bid him good night and left.  Igwenyi joined me in the passage and when he drove me back to my home I told him what Dr. Onu wanted.  Igwenyi apologised to me and assured me that he would not have bothered me if he had known what Dr. Onu wanted me to do.

21.      In addition to the above I have been subjected to visits to the DSS offices.  I was made to stay idle for the whole day, without food or even water.   On 17th October, 2016 I went to the DSS office to collect my passports as directed.  I was to be there by 10 am but I arrived by 9.30 am and I was assured that I would return to my office in no time.  I was kept there till 3.45 pm before I was questioned on the passports till 5.00 pm.  After that, one of them took the passports to his boss.  He returned an hour later, handed me my passports and told me he had finished with me but that only the man in whose office I was could let me go.  I was only allowed to go about 10 pm with a warning to report at 10 am on 18th October 2016.  From 9.30 am to 10 pm I was not given water or food. 

22.      I am on my way to the DSS office and who knows if and when I will be allowed to leave the place.

23.      My Lord, the facts stated here in can be verified.

24.      Attached is an Affidavit deposed by me in the Supreme Court Registry to this effect.

Yours faithfully

NWALI SYLVESTER UNGWUTA
JUSTICE, SUPREME COURT

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Women Are Not Expected To Be In Charge -Buhari Replies Critics •Says Aisha Wants Nigeria Collapsed

Indications have emerged that President Muhammadu Buhari-led Federal Government under the All Progressive Congress (APC), has little or no trust in the intellectual capacities of women in the country, owing to the repeated attacks on their gender by the president who reiterated his opinion that women are not supposed to be entrusted with power anywhere in the world.

The president, who made this known to newsmen on telephone Monday, maintained that no matter what anybody can say or view of his position on the feminine gender, he owes nobody any apology for saying his wife, Aisha Buhari belongs to the kitchen, sitting room and the other room.

He said, “That they have Hillary Clinton contesting the presidential race in America doesn’t mean Nigerian women can be given the same opportunity. We are Africans and we are well cultured in this side of the world. Giving power to women is as dangerous as surrounding oneself with weak soldiers who cannot protect themselves let alone protecting their principal in times of war.

“I am not saying Aisha cannot be president one day as aspired by Clinton, but she should exercise more patience till when I will complete my tenure so she can start her own governance that will not be as sluggish as mine. Though as at today, I don’t know which political party she belongs as the First Lady; that baffles me.

“Nigerians may not understand why we are finding it so difficult to rise up from this economic recession which the incompetence of the feminine gender had brought upon us as a nation. We were pressurised to appoint some people who were still expected to be state commissioners or local government officials as ministers and now all the blames are on me as the president.

“When her name was pushed forward, she was equated to the former minister of finance under President Goodluck Jonathan’s administration, Okonjo Iweala in terms of experiences and exposure, but when the recession sets in and we were perplexed and helpless, they shifted ground as if I appointed her because I knew her from somewhere fitted for the office of the minister.”

President Buhari drew the attention of the women in the country to the fact that God created them to be helpmates and not to be in charge or authority, adding that the said Iweala ruined the economy of the country with killing policies which did not take effect when the Peoples Democratic Party (PDP) was in power due to their long-term programmed agenda.

He said no woman can be equated to a man in terms of intelligence, resourcefulness and ability to deliver in good governance. He added that his wife’s comment on if truly he is still in charge of the affairs of the country or not should be ignored and considered as prime evidence of how shallow minded the feminine gender could be in situations like this.

“As the president of the country and my wife as the first lady, if she could still be in doubt of me being in charge, then you can conclude that her best place to be is in the kitchen, the sitting room and the other room. Because I don’t know what she meant for saying not being in charge; perhaps because I don’t normally act on her series of advice which to me will not only collapse the APC but will also put an end to the existence of Nigeria as a country if followed as she ever wanted,” President Buhari exposed Aisha’s positions on his government.

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Justice Ademola Cries As He Narrates How 45 DSS Harassed Him With Guns

Justice Adeniyi Ademola, a judge of the Federal High Court Abuja has narrated a chilling ordeal in the hands of men of the Nigeria State Security Services (SSS), also popularly known as DSS.

According to Ademola, he was arrested by the DSS because he granted Sambo Dasuki bail and freed Nnamdi Kanu, leader of the Independent People of Biafra (IPOB).

Last weekend, some judges’ homes wereraided by the DSS on allegations of corruption.

But in a letter dated October 11 2016, addressed to Mahmoud Mohammed, Chief Justice of Nigeria (CJN), Ademola narrated a chilling encounter with the DSS agents who stormed his residence gestapo-style, abducted him and detained him for over 24 hours before he was told the reason why he was brought to the DSS office.

“To my surprise, I saw about 45 Masked Officers of the Department of State Security Services (DSS), all heavily armed, pointing their guns at me”, Ademola recounted the brazen invasion of his residence.

In Ademola’s account, one of the agents threatened that if they killed him, there was no record of them being at his home and he ”just would die for nothing”.

His account added that when the agents knocked down his doors and finally gained entry into his bedroom, they told him that they had already recovered undisclosed amounts of cash in the visitor’s room downstairs. Then they proceeded to coerce him at gunpoint into signing documents he knew nothing about.

“…Upon signing the document, they told me that I am under arrest and ordered me with guns still pointed at me to move outside. As I was going, they told me they were taking me to their office, Department of State Services (DSS) office, without showing any warrant of arrest,” Ademola’s letter read.

“I obeyed them and about six o’clock in the morning, I was whisked away from my residence to the DSS office without any warrant of arrest or reason for my arrest.

“From the time of my arrival at the DSS office, at about 6:45am on 8/10/2016, I was not told what my crime was for over 24 hours till the evening of 9/10/2016.

“A DSS officially finally informed me that the search of my arrest were based on these three allegations; petition of Hon. Jenkins Duvie dated 4th of April 2016 to the National Judicial Council (NJC); granting bail to Col. Sambo Dasuki and the unconditional release of Nnamdi Kanu; and using my office to secure my wife’s appointment as the head of civil service state through Senator Bola Tinubu.”

Ademola said he saw his arrest as revenge from Abubakar Malami, attorney-general of the federation (AGF), whose arrest and detention he ordered over a professional misconduct while he was judge in Kano between 2004 and 2008.

“What is more intriguing in this whole episode, is that I see it as a vendetta/revenge from the Hon. attorney general of the federation, Abubakar Malami, whilst I was in Kano between 2004 and 2007 as a federal high court judge was involved in a professional misconduct necessitating his arrest and detention by my order,” he said.

“However, with the intervention of the Nigerian Bar Association (NBA), Kano branch the allegation of misconduct was later withdrawn by me.”

Ademola’s account bears close resemblance to threats by DSS agents to shoot Governor of Rivers State Nyesom Wike after he foiled the attempted arrest and abduction of another judge during the DSS raid on judges in Port-Harcourt, Rivers State. “The DSS, Police they cocked their guns and said they will shoot me. And I told them I have never heard this type of thing happen before. Again this is to show that more of this will come”, Wike recounted the incident.

Online newspaper, The Trent reportsthat Ademola’s great grandfather, Oba Ladapo Ademola II, was one of the foremost post independence monarchs in Nigeria.

“He is a royal prince of Egba Kingdom in Yorubaland. He comes from a lineage of tough leaders who serve with integrity. His grandfather, Sir Adetokunbo Ademola, was the first ever Chief Justice of the Supreme Court of Nigeria, he was also the first Nigerian to be appointed a judge. His father was Justice Nekan Ademola, an erudite appeal court judge.

“Justice Ademola is a member of the core Yoruba elite. The Ademolas are loved, respected, in fact, revered in Yorubaland. Our investigations reveal that he is a very loved and distinguished person who is upright and had built a reputation for being incorruptible and fearless in interpreting the law”, the report said.

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EXCLUSIVE: Few People Doing Noble Things Like Gov. Fayose Are The True Heroes -Hon. Adekola

In an era when the trend of modern thoughts tends towards materialism, wayward drives, jostling for power and pocketing what ought to serve as dividends of democracy for the downtrodden and anticipating masses, the responsive and proactive intervention of men of intellectual honesty with genuine concern for the indigents and readiness to better lots like Hon. Segun Adekola is urgently required to reanimate the resilience and vitality of a moribund polity like ours in Nigeria.

No wonder Governor Ayodele Fayose of Ekiti State dimmed it necessary to have given him (Adekola) the privilege and needed supports to represent the good people of Ekiti South Federal Constituency 1 (Ikere, Ekiti Southwest and Ise/Orun Local Govt Areas) in the House of Representatives, Abuja.

In this exclusive interview with our Reporters on Gov. Fayose’s second year anniversary in office, Hon. Adekola stated it categorically that only the few ones like Gov. Ayodele Fayose that are doing the noble things are the true heroes that deserved to be eulogised and celebrated as fathers of true democracy.

Hon. Adekola did not only observe the embedded virtues and characteristics of those little people doing noble things like Gov. Ayodele Fayose of Ekiti State, but equally described them as true heroes and heroines that must be respected and repeatedly recognised for their impacts and the indelible track records some of them have left behind in our democracy along good governance.

Let’s read how the Reporters extracted views and opinions of the federal lawmaker on the performances of Gov. Ayodele Fayose within the last two years in office as the Executive Governor of Ekiti State and his style of leadership which Hon. Adekola described as a good template for followers who have the interest of the people, most especially those at the grassroots at hearts like Gov. Fayose.

You are a federal lawmaker from Ekiti South Federal Constituency 1 and you are celebrating Gov. Fayose’s second year anniversary in office as one of his followers. How will you briefly describe yourself and the relationship that exists between you and the governor?

To every responsible leader like our Gov. Ayodele Fayose, there must be resourceful and reliable followers who can stand thick and thin for such a leader because followership requires 100% loyalty. There is no 99.99% loyalty in politics, not even with Gov. Ayodele Fayose, our leader.

Back to your question, I’m no other person than all you’ve said about me when we started this interview. I am Segun Alexander Adekola from Igbara-Odo Ekiti in Ekiti Southwest local government area of Ekiti State. I’m presently representing the general interest of the good people of Ekiti South Federal Constituency 1 that comprises of Ikere, Ekiti Southwest and Ise/Orun local government areas in the House of Representatives, Abuja.

Just like every other Ekiti person, no one has problem with Gov. Fayose. He remains our leader in whom after God we trust, and so our relationship remains cordial as expected of followers to their leaders in politics. Thank you.

Honourable Sir, we learnt that you had it rough politically before attaining this position. Can you please give a recap of the ordeals?

Only God can reward Gov. Ayodele Fayose, a man who never reneged on his promises. It is true that the journey so far to this end was more than rough but tough and full of disappointment and betrayal here and there. But I will not dwell much on the negativity entangled in the whole processes because I’ve come to realise that unless you come across your destiny helper, every effort made to be successful in life may continually prove abortive.

I’ve tried several times with all I had in life to be where I am today but always landed and ended in sorry. In several cases, I’ve been given assurances but with no headway. It was Governor Ayodele Fayose who later saw the genuine passion for humanitarian service in me and made this a reality. Now you can see why I maintained that his few types doing noble things are the true heroes. I mean it and I will always stand by it.

(Sigh). What can you now say about the performances of the governor within the last two years in office?

Interesting! Gentlemen of the press, Gov. Ayodele Fayose has done great in Ekiti. In fact, just like he did in his first coming between 2003 – 2006, he is leaving another series of indelible track records here in Ekiti State again. I can tell you categorically that Gov. Fayose was the pathfinder of modern Ekiti and still the only governor that genuinely brings dividends of democracy to the people at the grassroots; the gesture someone like me treasured and emulated to the core.

When you want to talk about the face lifting which Ekiti has enjoyed so far since creation, definitely you want to talk about Governor Ayodele Fayose and his led administration in the history of the state. When you look back and think of who had so much shown Ekiti people the desired love and care as a leader, undoubtedly you are thinking in the direction of Gov. Fayose, the people’s governor and friend of the masses.

We can’t discuss the progress of Ekiti and her present status without repeated mentioning of Gov. Fayose’s name and his style of leadership which gives room for public opinions that generate two way interactions between the governor and the governed from time to time.

It was this same Governor Fayose that introduced and started elaborate Teachers’ Day celebration in Ekiti, where best teachers in both primary and secondary schools across the state were given brand new cars to boost their morale. He started the programme during his first term and he has continued now. You can ask Ekiti teachers if in doubt.

Teachers in Ekiti who were subjected to humiliation and all sorts of embarrassing competency test and examinations during the last administration in the state, have been respectfully placed where they belong as future builders and are now being celebrated, believing that where there is no teacher, there is no nation. We are still talking about Gov. Fayose here, the Teachers’ Governor for you!

Let’s talk about infrastructure in Ekiti. You will recall that it was Gov. Fayose who started Ado-Ikere road dualisation during his first term in office and funny enough, the construction never extended from where he stopped at Ikere-Ekiti in 2006 after several governors and administrator have governed the state till October 2014.

This same Governor Fayose has continued the good work from where he stopped 8years ago and has also initiated many more laudable projects across the towns and villages in the state. Part of these projects are the dual carriage road in each local government headquarters in the state which has started in batches.

What about the newly dualized roads in Ado-Ekiti, the state capital? What of lockup shops and the ongoing construction of the Ultramodern Market (Oja-Oba) opposite the place of Ewi of Ado-Ekiti? Can we also talk about states with flyovers today without mentioning Ekiti State? If no, whose initiative if not this same Gov. Ayodele Fayose?

In an unusual manner of our politicians in this side of the world, Gov. Fayose built an edifice and named it after Late Mrs Funmilayo Olayinka, the Former Ekiti State Deputy Governor to Dr. Kayode Fayemi of the All Progressive Congress (APC). Gov. Fayose never thought of it that the deceased was an opposition, he proved to everybody that you don’t have to play politics with everything. Hence, we now have what we call Funmilayo Olayinka Women Development Centre, Fajuyi, Ado-Ekiti, courtesy of Gov. Ayodele Fayose.

What about the sustainability of our heritage, Ekiti as the known Fountain of Knowledge? Can we attribute the recent best performance recorded in National Examinations Council of Nigeria (NECO) 2016 results to anything other than the unprecedented attention given our educational system by Gov. Fayose via the 2015 Education Summit and the timely incentives given the teachers in the state as their friend? That tells you much about the person of Gov. Ayodele Fayose and his loving relationship with Ekiti people.

For avoidance of doubt, let me quickly give you the catalogue of the achievements of the Mr. Governor within the last two years in addition to the ones I’ve earlier mentioned so that you can have the full understanding of what I have been talking about. Here we go:

•Accreditation of all courses in the Ekiti State University (EKSU) and College of Medicine through the employment of all the needed personnel, provision of facilities and increase in funding.

•Hospital Infrastructural development and accreditation of Ikere-Ekiti State Specialist Hospital for Housemanship.

•Reorganisation of the Nursing School Curriculum leading to the achievement of 100% pass rate in National Nursing and Midwifery Examinations.

•Dualisation of Awedele township road in Ado-Ekiti.

•Dualisation of Afao-Ekiti township road.

•Comprehensive Agricultural Summit with active interventions and implementation of resolutions in the sector to aid diversification and improve the state Internally Generated Revenue (IGR).

•Construction of Fayose Market Phase 2 and allocation to the masses.

•Construction and completion of Elegberun Market at Ikere-Ekiti.

•Construction of a massive Business District and Downtown Centre in Ado-Ekiti to be completed by August next year.

•Construction of extension of popular Bisi market and allocation to the market men and women in Ado.

•Civil Service Reform and repositioning on ICT intervention to stop leakages and minimise corrupt practices.

•Commencement of Social Security of 5,000 naira monthly for 10,000 citizens from August this year.

•Conduction of Local Government elections to allow governance at the grassroots. Ekiti is the only state in the Southwest that have conducted LG elections in the last 10 years.

•Disengagement of the LGs from The Joint State Accounts with full financial autonomy at the LG level. The first in the history of Nigeria.

•Donation of wheelchairs and rendering of medical intervention programmes for the handicapped including free surgeries.

•Building of blocks of classrooms and hostels at the Erele Adebayo Children’s Home, Iyin-Ekiti.

•Multipurpose Executive Bills passed into law by the Ekiti States House of Assembly to ensure overall good governance and community developments in the state.

These and many more the opposition cannot beat in Ekiti. They are no longer promises but reality that we have at our disposals.

Wow! You have given us a comprehensive details about who Gov. Fayose was and is. But can you tell us why you’ve chosen to follow his path in giving back to the people?

(Smile). You see, life is all about give and take. And unto whom much is given, much is equally expected, either directly or indirectly. It is true if you don’t give back to the people, they can’t arrest you, but your conscience will always put you in bondage. I’ve chosen the right path like Gov. Fayose, and I will never desist from doing good to every individual that comes my way in life. We never brought anything into this earth, while leaving, we shall never leave with a penny, not even kobo. So why being materialistic than necessary? Why accruing wealth like the fool in the Bible?

What I believe is that, whatever little shared multiplies, but the little withheld diminishes. It is a natural phenomenon. Gov. Ayodele Fayose originated stomach infrastructure initiative in this country and it was nationally criticised by the oppositions. Today, the critics are the ones celebrating the idea because they have realised the relevance of the initiative to good governance and its importance beyond politicking.

So when you see me visiting orphanage with numerous gift items like a Santa claus, a father Christmas as being tagged by some, donating items to communities, making empowerment programmes more realistic than it used to be, identifying with indigent pupils in public primary schools and giving them school uniforms and exercise books, initiating free medical programme for people in my constituency and beyond and many more that have been observed, that are all expected of me as a public figure with a living conscience because I am holding the mandate of the people.

When I gave out deep freezers, sowing machines, grinding machines, stoves and trained over 500 people in various vocational trainings across my constituency, the beneficiaries were not only appreciative, they equally promulgated the gesture and described it as laudable. The tens of thousands of those who equally benefited from my usual act of giving out cash and distribution of food items like rice, wheat and the likes including provisions, are not far away to testify to our genuine sense of largesse.

Also, as the Chairman, House Committee on Youth Development, last year during my football competition, several talents were discovered and the needed supports were given to make use of their God given talents. We are not relenting on that as preparations are on top gear for this year’s edition. We are encouraging our youths by giving them the enabling environment to showcase their talents for the good of this nation.

There wouldn’t have been anybody called Hon. Adekola without the trust the people had bestowed in me just like Ekiti people did to Gov. Fayose. I wouldn’t have had the opportunity to serve them in this capacity if not for God and the love shown Gov. Fayose and myself by the people of Ekiti State.

Therefore, it is not out of place when you give back to the people who trusted you with their collective mandate and expected much from you in returns. After all, God loves a cheerful giver. (Smile).

What can you say about the present economic situation of the country as a federal lawmaker?

Well, there are much to say as regards the ongoing economic recession in the country. But as much as I would have loved to state my views on the state of the economy, I will not like anything to lower my morale as we celebrate Governor Fayose’s second year in office.

Honourable, how?

Nigeria economy is in bad shape and there is no how we will start discussing it now that I won’t feel sorry for my dear country. So it is better we discuss national issue separately some other time. I’m always available for you. Thank you.

Lest I forget, you may need to dig into my activities in the national assembly as a member of several committees and Chairman, House Committee on Youth Development, I am not a bench warmer. I sponsor bills, move motions and participate actively in all the activities of the house. And that is why you will always see me putting the weight on my feet defending the course in which I hold my belief as an articulate lawmaker.

Better days ahead for national discussions and my activities in the house, I’m sure time and space won’t allow you to have it all from me that very day, God willing.

Anyway, we understand your position and we will come back for its full version soon. Do you have any other thing to tell Ekiti people as your party, the Peoples Democratic Party (PDP) celebrates second year in office with Gov. Ayodele Fayose?

Yes! I will like to congratulate the entire people of Ekiti State for having a governor who listens attentively to the yearnings of his people, who believes that Ekiti must come first in everything, who has genuine Ekiti agenda at heart and who has a lofty desire for the betterment of the state. It is an opportunity rarely enjoyed anywhere in the world.

It is my prayer that the good work God Almighty has started in the state shall continue and His protection shall be sufficient for everyone of us as we continue to enjoy peaceful atmosphere devoid of rancour and political killings in the state.

The recent economic hardship notwithstanding, we shall be dedicated and responsive to the callings of our people at all times. Our party shall not leave Ekiti in huge indebtedness like it was experienced under the APC led administration of Dr. Kayode Fayemi. We are ready to continue making life better for Ekiti people.

Give it to Governor Fayose, good governance that transcends party politics! He is always in charge. We respect him as a leader of leaders!

Long Live, Federal Republic of Nigeria,
Long Live, Ekiti State,
Long Live, Ekiti South Federal Constituency,
Long Live, Peoples Democratic Party (PDP).

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Buhari Wants Saraki, Ekweremadu Jailed As FG Files Fresh Charges

Few days after they were left off the hook on allegations of forgery of senate rules, the Senate President, Bukola Saraki and his deputy, Ike Ekweremadu may return to the docks as the government is set to press fresh charges.

The Vanguard reports that plans are in place to get them in again, this time, individually instead of the joint suit instituted the first time, they will now be arraigned separately.

The withdrawal, according to the report, was necessary to give the police time to conduct fresh investigations.

It said there were interviews that were not conducted before the suit was filed the first time, and this was a vital procedure for the prosecution.

“You can see that under the Criminal Justice Act, the statement of the accused persons and all the witnesses are expected to be filed and it would have been wrong to have pressed ahead with the case whenthe police are yet to conclude their investigations,” the Ministry of Justice official pointed out.

“The federal government considered it appropriate to withdraw the case and conclude the investigation and attach both the statements by the accused and the witnesses before filing fresh charges against the suspects.

“We want to strengthen our position and present a solid case against the suspects as required under the Criminal Justice Administration Act.”

This will come as a big blow to some who were already using the opportunity to mend fences in what was being viewed by some as a political rejigging for the future. So far, the government has not made further statement.

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Crackdown On Judiciary: Separating The Law From Sentiments

By Inibehe Effiong

The State Security Service (SSS) embarked on an unprecedented “crackdown” on allegedly corrupt judicial officers across the country over the weekend. Among the judicial officers whose houses were searched and thereafter arrested and detained are two Justices of the Supreme Court of Nigeria; Justices Sylvester Ngwuta and Inyang Okoro.

As expected, the action has polarised lawyers, commentators, the media, civil society and the public. Differing views have been expressed on the constitutionality or otherwise of the steps and procedures adopted by the SSS. Sadly, the public has been deprived of opinions that are rooted in law owing largely to the belligerent and sentimental posturing and aggressive grandstanding that has impaired commentaries on the issues in controversy.

My task in this essay is simply to offer a legal opinion on the following four issues: First, are judicial officers in Nigeria immune from the criminal justice system?; Second, is it mandatory for security agencies to seek the consent/intervention of the National Judicial Council (NJC) before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?; Three, did the SSS act within its statutory powers and acceptable legal procedures? Four, is evidence that is obtained illegally admissible in law?

The above questions or issues are in my considered view the crux-es of the matter.

Before I proceed further, may I respectfully issue a caution: This op-ed is one of the longest that I have written in recent times. It is not for the lazy mind or for those who are easily irriated by long essays and exposition. The nature of the issues under consideration necessarily made it a detailed essay. I solicit the indulgence of readers.

Resolution of the issues:

First, are judicial officers in Nigeria immune from the criminal justice system?

The only constitutional provision relating to immunity from civil and criminal proceedings and prosseses for certain public office holders in Nigeria is Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as the Constitution). Based on that provision, only the President, the Vice President, Governors and Deputy Governors are shielded from civil and criminal proceedings and prosseses in limited circumstances.

It is an elementary rule of interpretation that the express mention of one person or thing is the exclusion of another. The maxim is expressio unius personae vel, est exclusio alterius. In the case of Ehuwa v. O.S.I.E.C. (2006) 10 NWLR (Pt.1012) 544, the Supreme Court stated the position thus:

     “It is now firmly established that in the construction of a Statutory provision, where a statute mentions specific things or persons, the intention is that those not mentioned are not intended to be included…” Per OGBUAGU, JSC.

The implication is that every person apart from the four public officers expressly mentioned in Section 308 of the Constitution are subject to investigation, arrest, detention and prosecution. Judicial Officers from the Chief Justice of Nigeria (CJN) to High Court Judges do not enjoy any special protection from criminal proceedings and prosseses. Immunity cannot be inferred, it must be specifically granted.

Those suggesting that judicial officers in Nigeria are entitled to special protection or immunity should be kind enough to cite the enabling constitutional or statutory provision that supports their position. The truth is that there is none.

Second, is it mandatory for security agencies to seek the consent/intervention of the NJC before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?

The NJC is one of the institutions established by Section 153 of the Constitution. The power of the Council is provided for in Paragraph 21 of the Third Schedule to the Constitution. The NJC is empowered inter alia, to recommend the removal from office of judicial officers and exercise disciplinary control over them. By virtue of Section 158 (1) of the Constitution, the NJC is guaranteed constitutional independence and is not subject to the control of any other authority or person when exercising its disciplinary control.

There is no dispute on the disciplinary control of the NJC over judicial officers. What is disputed by some legal commentators is the extent of the disciplinary control. Is it correct to aver that no criminal proceedings or action can be initiated or taken against a judicial officer except on the invitation/directive of the NJC?

At the risk of repetition, where a judicial officer is alleged to have committed a crime, is it mandatory for law enforcement agencies to go through the disciplinary instrumentality of the NJC before taking actions against the erring judicial officer?

There is nothing in the provisions of Paragraph 21 of the Third Schedule to the Constitution that precludes law enforcement agencies from investigating, arresting, detaining or prosecuting a judicial officer in Nigeria for alleged corrupt practices or for other sundry offences. It is my view that a contrary interpretation will have the inescapable effect of conferring an extra-constitutional immunity on judicial officers.

In rule seven (7) of the famous twelve (12) point rule of constitutional interpretation propounded by OBASEKI, JSC in the celebrated case of Attorney-General of Bendel State vs Attorney-General of the Federation (1981) 10 SC. 1; (1981) 1 FNLR 179, the Supreme Court declared thus:

     “A constitutional provision should not be construed in such a way as to defeat its evident purpose.”

The purpose of Section 308 of the Constitution as evidently enshrined therein is to protect ONLY the President, Vice President, Governors and Deputy Governors from arrest, detention and prosecution. I submit that any construction on the disciplinary power of the NJC that tends to shield judicial officers from arrest, detention and prosecution will automatically defeat the purpose of Section 308 of the Constitution.

It is my humble view that where the wrongful act of a judicial officer is merely a misconduct and nothing more, the NJC is vested with the power to recommend such offending judicial officer for removal from office and exercise disciplinary control over him. The NJC’s independence from control guaranteed and envisaged by Section 158 of the Constitution does not, and cannot be construed to mean totality or absoluteness of control over judicial officers where the misconduct complained of also constitute a crime.

Before concluding on this point, there is a widely propagated misconception that needs to be corrected.

It has been argued by some persons that the procedure on how erring judges should be dealt with requires that even when a judge is found or alleged to have committed a crime, a petition must first be written to the NJC and that the petitioner and the law enforcement agencies like the police, the EFCC, the SSS and others must patiently wait for the determination of the petition by the NJC before activating the criminal process. With respect, that cannot be the correct position.

Ostensibly, this misconception stems from a misunderstanding of the relationship between the constitutional procedure for removal of judicial officers and the liability of judges for criminal offences committed by them.

The procedure for removal of judicial officers in Nigeria is as contained in Section 292 of the Constitution. In brevity, the provision is to the effect that the NJC may recommend to the President or Governor, as the case may be, the removal from office of erring judicial officers for inability to perform the functions of their office due to infirmity (whether of the body or mind) or misconduct or contravention of the Code of Conduct. Note that the NJC only recommends, it does not and cannot remove any judicial officer solely on its own.

There is nothing in Section 292 of the Constitution that makes the removal of an erring judicial officer a condition precedent to his investigation, arrest, detention and prosecution by law enforcement agencies.

No law enforcement agency can usurp the disciplinary powers of the NJC by recommending a judge for removal or suspending a judge or exercising other form of disciplinary control over a judicial officer. Likewise the NJC cannot and should not usurp the constitutional cum statutory functions of the law enforcement agencies to investigate crimes, arrest, detain or prosecute any person, including judicial officers, for alleged crimes. Both causes of action can either run concurrently or separately depending on the circumstances of each case. Where for example a judicial officer is accused of corruption which is both an act of professional misconduct and a crime, the aggrieved party and or law enforcement agency may elect to petition the NJC for the removal of the judicial officer from office or proceed directly to subject the erring judicial officer to the criminal justice system or pursue both causes of action at the same time.

The NJC is not a court of law under Section 6 of the Constitution and has no supervisory jurisdiction over law enforcement agencies.

Third, did the SSS act within its statutory power and acceptable procedure?

The SSS is a creation of the National Security Agencies Act of 1986. The power of the SSS as stipulated in Section 3 of the Act is as follows:

     (3) The State Security Service shall be charged with responsibility for-

         (a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;

         (b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and

         (c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.

Going by the provisions of paragraphs (a) and (b) supra, it is apparent that the SSS stricto sensu ( in the strict sense) has no power to arrest judicial officers for alleged economic and financial crimes. However, a dispassionate attention should be paid to the wordings and purport of paragraph (c) above. Clearly, that provision (paragraph C) gives the President the power to enlarge the scope of responsibilities of the SSS relating to the internal security within Nigeria. Section 6 of the Act goes further to empower the President to issue an Instrument, a subsidiary legislation, on the manner the SSS should exercise its powers, etc.

In exercise of the power in Sections 3 and 6 of the National Security Agencies Act 1986, former Head of State, General Abdusalam Abubakar in 1999 promulgated the State Security Service Instrument One of 1999. By virtue of that Instrument, the responsibilities of the SSS was extended to include the prevention, detection and investigation of economic crimes of national security dimension, among other things. It is important to emphasize that the National Security Agencies Act has a special constitutional flavour being one of the four federal enactments listed in Section 315 (5) of the Constitution. The consequence is that it cannot be altered like ordinary Acts of the National Assembly. It has the same alteration procedure like the Constitution as laid down in Section 9 (2) of the Constitution.

According to the SSS, the affected judicial officers were arrested based on allegations of corrupt practices and professional misconduct. The SSS in a statement said that raw cash of different denominations, in both local and foreign currencies, assets worth millions of Naira and documents affirming “unholy acts of these Judges” have been uncovered through a sting operation. The summary of cash allegedly recovered during the “raids” conducted in the homes of the Judges was given as follows: Naira – N93,558,000.00; Dollars – $530,087; Pounds – £25,970 and Euro – €5,680.

The question is, does the grave allegations levelled against the Judges and the alleged offences committed by them constitute “economic crimes of national security dimension” to bring same within the purview of the additional powers of the SSS pursuant to Instrument One of 1999?

It is advisable for us to examine the role of judicial officers in nation building. A corrupt judge is not only a threat to justice and the rule of law but to the society and the nation. Judges are by their calling empowered to make binding decisions on behalf of the rest of the society. When judgments are obtained fraudulently, the society and the nation are endangered. A corrupt judge is more dangerous than a kidnapper or an armed robber. The worst form of corruption is judicial corruption.

Though the Economic and Financial Crimes Commission (EFCC) is the specialised and coordinating agency for the detection, prevention and prosecution of economic and financial crimes, economic crimes committed by a judicial officer is far more serious and damaging than those of other categories of persons and there is some wisdom is categorizing same as “economic crimes of national security dimension” for which the SSS can act upon.

On the manner the searches and arrests were conducted, I concede that the SSS acted in a rather brash and indecorous manner. However, facts are sacred and the law should be separated from sentiments. It is reported that the SSS obtained both search and arrest warrants. What is in dispute is whether the warrants covered all the affected judicial officers and the somewhat “undemocratic” manner they were executed, particularly the time.

The relevant principal law on the issuance of a search/arrest warrant is the Administration of Criminal Justice Act 2015 (ACJA). Part 18 of the ACJA is devoted to search warrants, Section 144 thereof allows for the issuance of a search warrant on any house. The warrant may also authorize the officer or other person to arrest the occupier of the house or place where any incriminating item or thing is found during the search. Where this is specified in the search warrant, there would be no need to obtain an arrest warrant separately. By Section 146 of the ACJA, a search warrant shall be under the hand of a Judge, Magistrate or Justice of the Peace issuing it and shall remain in force until it is executed or cancelled by the court which issued it.

One important provision under Part 18 of the ACJA that those criticizing the SSS should note is Section 148. It states unequivocally thus:

     “A search warrant may be issued and executed at any time on any day, including a Sunday or Public Holiday.”

However, under Section 151 of the ACJA, a search warrant cannot be executed outside jurisdiction of the court or Justice of the Peace issuing it except with the consent of the court within whose jurisdiction the search is to be made. It is doubtful whether the SSS complied with this requirement before embarking on the search at the houses of some of the judges located outside the Federal Capital Territory, Abuja where the search warrant must have been issued.

It has been argued by some lawyers, including some Senior Advocates of Nigeria (SANs) that the ACJA does not apply throughout the federation and that the SSS was bound to follow the provisions of the enabling procedural laws in the States where they executed the search, especially as it pertains to the time of execution of the search warrants. This argument with respect is misleading.

Under Section 111 of the repealed Criminal Procedure Act Cap. C41 LFN 2004, the time for executing a search warrant in the South was between the hours of five o’clock in the forenoon and eight o’clock at night of any day of the week, including Sundays but the Magistrate had the power to direct otherwise. The repealed Criminal Procedure (Northern States) Act Cap. C42 LFN 2004, was however silent on the time. Both Acts have now been repealed by Section 493 of the ACJA 2015 and are no longer laws in Nigeria. Section 2 of the ACJA makes the ACJA applicable to criminal trials for offences created by an Act of the National Assembly, like economic and financial crimes, and to other offences punishable in the FCT, it is the ACJA and not the various laws of the States where the “raids” were conducted that governs the procedure adopted by the SSS. Accordingly, it is misleading for anyone to suggest that the SSS was wrong to have executed the search warrant(s) at night.

It is reported that the SSS forcibly broke into the house of one of the judges. Section 149 (1) of the ACJA states thus:

     “Where any building liable to be search is closed, a person residing in or being in charge of the building, thing or place, shall on demand of the police officer or other person executing the search warrant, allow him free and unhindered acess to it and afford all reasonable facilities for its search.”

By the combined effect of Sections 9, 10, 12, 13 and 149 (2) of the ACJA the person executing a search warrant and or arrest warrant is empowered to “break open any outer or inner door or window of any house or place” where unhindered acess is denied upon demand. If the SSS had requested for unhindered access into the house of the affected judge and they were denied, the breaking of the door of the judge’s house was lawful as expressly stated in the ACJA.

Four, is illegally obtained evidence admissible in law? In other words, where evidence is recovered in contravention of the procedure for search of houses and places, will the court admit same?

Every lawyer in this country that is worth his salt knows the answer to this question. The answer is YES – illegally obtained evidence is admissible. The Supreme Court held so in unmistakable terms right from 1968 in the case of Musa Sadau & Anor v. The State (1968) NMLR 208. Also in Kuruma V. R. (1955)1 All ER 236 at 239-240, the Privy Council stated, inter alia, thus:

     “The test to be applied in considering whether evidence is admissible is whether it is relevant to the matters in issue. If it is admissible…..the court is not concerned with how the evidence was obtained”.

It is an elementary rule of evidence that what determines admissibility is relevance and not how the evidence was procured. See Section 1 of the Evidence Act 2011 and the cases of Torti v. Ukpabi (1984) 1 SCNLR 214 AT 236 – 237 and 239 24O and Lasun v. Awoyemi (2009) 16 NWLR (Pt.1168) 513 at 553.

Accordingly the evidence allegedly recovered from the houses of the judges are admissible in law whether search warrants were obtained or not or properly executed or not. The court will still go ahead to admit the evidence irrespective of protestations against its illegality. This may not sound comforting, but that is the law.

By way of concluding remarks, I will like to make some points clear. The Judiciary is a sacred institution that should not be desecrated by any person. However, there is no sacredness in corruption. Judges must at all times be treated with decency and respect befitting of their office but corrupt judges should be identified and treated like other criminals in the society. Nigeria is blessed with some of the best judicial brains that can be found anywhere in the world, but the nefarious activities of the bad eggs on the Bench should never be tolerated under any guise.

Judges are not above the law.

Like other public servants, judges in Nigeria are paid in Naira, not in Dollars, Pounds, Euro or Cedis. Judges are not Bureau De Change operators and are not permitted to engage in business adventures. Therefore, the Nigerain people with whose taxes and resources the Judiciary is funded deserves to know how their Lordships came about the mind-blowing hard currencies found in their homes? The public deserves to know how their Lordships came about the assets allegedly traced to them. Judges who are living above their means should be able to answer some questions from the law enforcement agencies.

Their Lordships are presumed innocent until proved guilty and they should be given fair trial and fair hearing.

Instead of threatening the President, the Nigerian Bar Association (NBA) should tell us what they have done about the recent brutal murder of their member in Rivers State, Mr. Ken Atsuwete? Where was the NBA when a High Court Judge was assaulted in open court in Ekiti State by political thugs led by a governor? Why did the NBA not declare a state of emergency on the judiciary when Justice Ayo Isa Salami was humiliated and disgraced out of the Bench by the administration of Goodluck Jonathan despite the NJC’s recommendation that he should be reinstated? What has the NBA done to Mr. Ricky Tarfa, SAN for allegedly bribing judges? Whose interest is the NBA fighting for?

Records have shown that judges in other jurisdictions, including the United States have been arrested, prosecuted and jailed for corruption and other criminal conducts. Ghana recently purged its judiciary. If this is the time to uproot the pervasive cancer of corruption in the Nigerian Judiciary it is a welcome development and should be supported. Without checks and balances, the doctrine of separation of powers is useless and unworkable.

We cannot have different standards for the rule of law; one for the influential and another for the poor or one for the judges and another for the rest rest us.

Thank you.

Inibehe Effiong is a Legal Practitioner and Convener of the Coalition of Human Rights Defenders (COHRD) and can be reached at: inibehe.effiong@gmail.com

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Politics Apart, You Can’t Rubbish Tinubu, Yoruba Leaders -Fayose Fumes

Ekiti State Governor, Mr Ayodele Fayose has condemned the attack on Asiwaju Bola Tinubu, saying; “humiliation of Tinubu is as good as humiliation of the Yoruba race.”

The governor said; “even though I am not a member of APC and I will never be, I have elected to stand in defence of the Yoruba nation once again by saying no to the continuous dishonourable treatment being meted to Asiwaju Bola Tinubu, having paid his dues.”

Speaking through his Special Assistant on Public Communications and New Media, Lere Olayinka, Governor Fayose,  said; “if Tinubu is allowed to be embarrassed and disgraced just the way our past leaders were humiliated by these same elements, the Yoruba nation would have been made to suffer for uprightness.”

The governor condemned the Tuesday, sponsored protest against the APC leader at the party’s national secretariat, saying; “it is unfortunate that Tinubu is now being vilified in a party he invested heavily in and his fellow kinsmen that he brought up politically are part of this conspiracy.

“In their desperation, they have even tried to set him against the Vice President, Prof Yemi Osinbajo, by insinuating that tried to prevent his (Osinbajo) emergence as President Mohammadu Buhari’s running mate, this is sad!”

He lamented that “when other tribes protect own, it is becoming historically common among the Yorubas to allow themselves to be used against their leaders just for momentary political gains at the expense of the collective interests of the Yoruba nation.

“It should be noted that late Chief Obafemi Awolowo was sent to jail by the conspiracy and collaboration of some Yorubas with the external aggressors.”

Governor Fayose said; “Tinubu is a prominent stakeholder, we should not sit back and watch while those he used his own sweat to make conspired with others to humiliate him.

“Most importantly, it is my position that irrespective of political affiliation, no leader of the Yoruba nation must be vilified unduly, especially by the same people who humiliated our past leaders like Obafemi Awolowo, Adekunle Ajasin, Bola Ige, Bisi Onabanjo, Lateef Jakande and others.

“To me, Asiwaju Bola Tinubu should not be seen just as an APC leader, but acknowledged as a major stakeholder in the Yoruba nation that we must all protect beyond politics.

”It should be recalled that these were among the issues that I raised when I visited Governor Rauf Aregbesola of Osun State few months ago on the need to work together beyond party affiliations.

“Here in Yorubaland, it is said that if a household is at peace, it is because the bastard child of the family is yet to attain the age of maturity and those people that Asiwaju Tinubu made, but are now being used against him should watch it.

“I therefore condemn this conspiracy against Asiwaju Tinubu and I admonish those that are hoping to make political benefits from it to have a rethink.”

The governor, who called for greater unity among the Yorubas, added that; “We are first Yorubas before becoming members of political parties, it is my opinion that our leaders must be defended and protected not-minding the personal gains of today.”

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