President Muhammadu Buhari on Sunday declared that the arrest of some judges in commando-like raids by security forces a day earlier did not make him a dictator as his fight is against corruption in the country and not the judiciary.
The President said that even as he pursues this crusade, he reserves his highest respect for the judiciary as the third arm of government, and would not do anything to undermine its independence.
According to a statement issued last night by his spokesman, Garba Shehu, the president stressed that he remained a committed democrat, in words and in his actions, and will not take any action in violation of the constitution.
The statement explained that “the recent surgical operation against some judicial officers is specifically targeted at corruption and not at the judiciary as an institution.
“In a robust democracy such as ours, there is bound to be a plurality of opinions on any given issue, but there is a convergence of views that the country has a corruption problem that needs to be corrected.”
Buhari frowned at the manner a section of the media had reported the developments as if there was a battle between the executive and judicial arms of government.
“Reports by a section of the media are giving us cause for concern. In undertaking the task of reporting, the media should be careful about the fault lines they open.
“It is wrong to present this incident as a confrontation between the executive and judicial arms of government”, Shehu pointed out.
Concerning misgivings about the manner of the invasion by the Department of State Services (DSS), Buhari said he was adequately assured that necessary search and arrest warrants were properly obtained for the operations which lasted from Friday night into the wee hours of Saturday.
According to Shehu, “the Presidency has received assurances from the DSS that all due processes of the law, including the possession of search and arrest warrants were obtained before the searches.
“To suggest that the government is acting outside the law in a dictatorial manner is to breach the interest of the state.”
But criticisms on Sunday trailed the Saturday’s invasion of the residences and arrest of two Supreme Court justices and judges of the Federal High Court by the Department of State Services (DSS).
While the opposition Peoples Democratic Party (PDP) described the DSS’ action as a “gradual descent of the President Muhammadu Buhari administration into fascism and autocracy,” a constitutional lawyer and human rights activist, Chief Mike Ozekhome (SAN), said it was dangerous for the country’s democracy.
The PDP said that the action had exposed President Buhari’s desire to kill democracy and convert it to an autocracy without checks and balances.
In a statement by its spokesman, Prince Dayo Adeyeye, the PDP said: “This invasion is the latest in a series of actions taken by the President Muhammadu Buhari administration which reveal its disregard for the rule of law and its abject disdain for the principle of separation of powers.
“This inexorable slide into fascism began with the invasion of the Akwa Ibom State Government House by the self-same DSS, the continued detention of several people despite courts ordering their release, the invasion of the Ekiti State House of Assembly and detention of Hon. Akanni Afolabi and the invasion of the Zamfara State House of Assembly.
“This slide into fascism has included a sustained attack on the leadership of the National Assembly as President Buhari has sought to break its independence and make it a rubber stamp to suit his will.”
The party said that the affected Justices of the Supreme Court were Sylvanus Ngwuta and Inyang Okoro while the affected judges of the Federal High Court were Muazu Pindiga, Adeniyi Ademola, Abdullahi Liman and Nnamdi Dimgba.
On the position of the 1999 Constitution (as amended) and how judges should be disciplined, the party said that Section 153(1)(i) and Part 1 of the Third Schedule of the Constitution established the National Judicial Council (NJC) and empowers it to control and discipline judges across the country.
Onslaught against the judiciary, dangerous - Ozekhome
In his reaction, Ozekhome said that the onslaught on the Judiciary signalled great danger to the country’s hard-won democracy, freedom, liberties and human rights, independence of the Judiciary and the doctrine of separation of powers ably espoused in 1748 by the great French philosopher, Baron De Montesquieu.
Ozekhome said that the last time he checked, Nigeria was supposed to be operating a “constitutional democracy, not military dictatorship or tyrannical absolutism.”
He decried the maltreatment of Governor Wike by gun-totting DSS and Police operatives in Port Harcourt led by the Director and Commissioner of Police, respectively.
Ozekhome said that Wike’s “offence” was that he came to rescue a Federal High Court judge who was being abducted in “Kamikaze Gestapo style,” adding that “other serving judges who would ordinarily respond to a mere phone call are being humiliated and rounded up in the ungodly wee hours of the night, like common criminals.”
The rights activist said he was not surprised by the development.
According to him, “some of us warned, wrote, preached, talked, but, we were maximally ignored due to political partisanship. A leopard cannot change its spots. Welcome, full blown dictatorship and fascism that are now here with us.
“It started with political opponents and opposition. Some of us cried out. Many gloated with éclat and a sense of victory at opponents’ horrific travails. Then, they moved against some very senior and well respected lawyers being rubbished. Some clapped. They said it was anti-corruption. We cried out. It extended quickly to the National Assembly, another different arm of government.
“Many hailed the government as tough, no-nonsense and anti-corruption- inclined. Some of us warned. Now, the Judiciary, up to the very apex court of the land, the Supreme Court, has been targeted and is now being intimidated, humiliated and annexed. The incoming Chief Justice of Nigeria is said to be profiled. Why? Your guess is as good as mine. Virtually all the judges are southerners,” he said.
Meanwhile, Governor Wike and the DSS yesterday sang discordant tunes over alleged movement by the governor of $2 million from 35 Forces Avenue Port Harcourt residence of a Federal High Court Judge, Justice Muhammed Liman, in the early hours of Saturday.
In a statement issued in Abuja by Abdullahi Garba of the DSS, he said the Service action “is in line with its core mandate as we have been monitoring the expensive and luxury lifestyle of some of the judges as well as complaints from the concerned public over judgment obtained fraudulently on the basis of amounts of money paid…”
The statement read in part: “In one of the states where the Service operations were conducted credible intelligence revealed that the judge had ($2million stashed in his house.
“When he (judge) was approached for due search to be conducted, he in concert with the state governor, mobilised thugs against the Service team.
“The team restrained itself in the face of unbridled provocative activities by those brought in by the governor.
“Unfortunately, the judge and the governor engaged the tacit support of a sister security agency,” he said.
Monday, 10 October 2016
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Corruption: Stop calling me a dictator - Buhari
Corruption: Stop calling me a dictator - Buhari
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