Unic Press UK: The National Judicial Council (NJC) might have tried to shield a number of judges from sanction in the light of the seeming evidence that the body has been procrastinating in making firm decisions and/or suspending a number of judges who seem to be grossly corrupt.
The Department of State Security (DSS) has inundated the Nigerian populace with the proof that it tried to collaborate with the NJC prior to unleashing a sting operation at the home of a number of judges. The proof of the several communication between the NJC and the State Security Services are shown herein.
A number of lawyers’ in support of the action of the State Security Services have cited:
- Section 308 of the 1999 Constitution of Nigeria (see details below)
- Section 3(c) of the National Security Agencies Act of 1986 (shown herein)
- Section 148 of the Administration of Criminal Justice Act 2015 (ACJA) (as shown below)
DSS arrest of judges’ – Letter to SSS from NJC dated the 29th August 2016
Letter to NJC from SSS dated the 14th September 2016 (1 of 2)
Letter to NJC from SSS dated the 14th September 2016 (2 of 2)
On the 5th October 2016, a magistrate court in FCT Abuja issued search warrant on judges’
DSS arrest of judges’ – Letter to SSS from NJC dated the 7th October 2016
Section 308 of the Nigerian Constitution, reads:
(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
(c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
Section 3(c) of the National Security Agencies Act of 1986
(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.
Part 18 of the Administration of Criminal Justice Act 2015 (ACJA)
(148) “A search warrant may be issued and executed at any time on any day, including a Sunday or Public Holiday.”