President Muhammadu Buhari has challenged the
powers of the Federal High Court in Abuja to stop the prosecution of judges
accused of engaging in acts of corruption.
Buhari maintained that
the high court was bereft of the jurisdiction to entertain a suit filed by a
Lagos-based lawyer, Mr. Olukoya Ogungbeje, with a view to stopping the Federal
Government from arraigning seven judges arrested after a “sting operation” the
Department of State Services, DSS, conducted between October 7 and 8.
It will be recalled that
trial Justice Gabriel Kolawole, had on October 28, summoned President Buhari
and the Director-General of the DSS, Mr. Lawal Daura, to appear in court and
show cause why the embattled judges should be tried.
Others equally ordered to
appear before the court were the Attorney-General of the Federation and
Minister of Justice, Abubakar Malami, SAN, the Inspector-General of Police,
Ibrahim Idris, and the National Judicial Council, NJC. They were all cited as
Respondents in the suit marked FHC/ABJ/CS/809/16.
The plaintiff had specifically applied for an
order of perpetual injunction restraining the Respondents from arresting,
inviting, intimidating, or harassing any of the judges whose homes were raided
by the DSS.
He contended that the
arrest and detention of the judges without recourse to the NJC, was not only
unconstitutional, but also aimed at ridiculing the judiciary arm of government.
According to him, the action of the DSS is in gross violation of the rights of
the judges as enshrined in sections 33, 34, 35, 36, and 41 of the 1999
Constitution, as amended. Consequently, Ogungbeje sought 10 separate reliefs
from the court, including award of N50 billion as general and exemplary damages
against the Respondents, as well as another N2 million as cost of the suit.
He equally prayed the
court for an order compelling the DSS to return to the judges’, money seized
from their homes. Justice Kolawole had at the last adjourned date, declined an
ex-parte motion for an interim order stopping the FG from carrying out any
“untoward action” against the Judges.
Rather, he directed the
plaintiff to put all the Respondents on notice to enable them to appear in
court to show cause why prayers contained in the suit should not be granted.
Meanwhile, challenging the competence of the suit, President Buhari, via a
preliminary objection filed by his lawyer, Chiesonu Okpoko, argued that the
plaintiff did not disclose his locus standi to initiate and maintain the suit.
He insisted that there
was no lis (case) between the plaintiff and the Respondents, adding that “the
applicant’s suit as constituted and conceived, is a mere academic exercise and
raises hypothetical issues.”
President Buhari argued
that before the plaintiff could invoke the judicial powers of the court as
enshrined in section 6(6) (b) of the 1999 constitution, he must show how his
civil rights and obligations were affected or would be affected by the act
complained of.
Though seven judges were
arrested, the plaintiff said he instituted the action on behalf of five of them
who were still serving as at the time the action was commenced.
The judges the
plaintiff is fighting for are Justices Inyang Okoro and Sylvester Ngwuta of the
Supreme Court, Adeniyi Ademola and Nnamdi Dimgba of the Federal High Court
Abuja, as well as Justice Muazu Pindiga of the Federal High Court, Gombe
Division. – Vanguard.
Culled from: The Citizen Ng
Culled from: The Citizen Ng
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