Odili: ‘It Amounts To Executive Infraction’ — SANs Condemn Raid On Supreme Court Judge’s Residence

The recent raid on the residence of Justice Mary Odili of the Supreme Court by security agents has been vehemently condemned by some Senior Advocates of Nigeria.

The SANs who spoke under the aegis of ‘Concerned Senior Advocates of Nigeria of Southeastern Extraction’ said the raid was another evidence of “consistent and systematic” attacks on the judiciary by the executive arm of government.

The senior advocates stated this after the Abuja residence of the second most senior justice of the Supreme Court was invaded by security operatives said to be effecting a search warrant obtained from the Federal Capital Territory Chief Magistrate Court.

They described the raid as “yet another frontal attack on the independence and integrity of the Judiciary” in a joint press statement signed by Professor Ilochi Okafor (SAN), Mr. Etigwe Uwa (SAN), Mr. Chijioke Okoli (SAN).

The senior lawyers recalled past raids on the homes of Supreme Court and Federal High Court judges by the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS) and other security operatives.

They said, “Despite these security agencies publicly stating the raids were on mistaken identity of the premises, no one has been arrested and prosecuted for such brash criminal attack on the judiciary. Similar raids by the DSS operatives had also taken place in the Courtroom of the Hon Justice Ijeoma Ojukwu of the Federal High Court while the Judge was sitting, to abduct a defendant in an on-going criminal case, and none of the perpetrators have been held accountable.

“These consistent and systematic attacks of the judiciary by the executive is clearly in breach of the constitutional protection of judges and the judiciary. In particular, Section 158 and Paragraph 21 Part 1 of the Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 clearly empower the National Judicial Council with responsibility to handle all complaints and matters relating to judicial officers. This position of the law has been confirmed in the case of NGANJIWA V FEDERAL REPUBLIC OF NIGERIA (2018) 4 NWLR (Pt. 1609) 301 where the Court of Appeal stated that “If any judicial officer commits a professional misconduct within the scope of his duty and is investigated, arrested and subsequently prosecuted by security agents, without a formal complaint/report to the NJC, it will be a usurpation of the latter’s constitutionally guaranteed powers under Section 158 and Paragraph 21 Part 1 of the Third Schedule, thereby inhibiting the NJC from carrying out its disciplinary control over erring judicial officers as clearly provided by the Constitution. … it is only when the NJC has given a verdict and handed over such judicial officer (removing his toga of judicial powers) to the prosecuting authority that he may be investigated and prosecuted by the appropriate security agencies.

“We re-emphasis that it amounts to executive infraction on the judicial independence to continue to harass, intimidate and humiliate judges. We want to further reiterate in clear terms that in view of the constitutionally guaranteed doctrine of independence of the Judiciary, no security agency or prosecuting authority in Nigeria has the power to investigate, arrest, or prosecute a siting judicial officer without first referring the matter to the National Judicial Council, and await the directive of the Council,” they said.

The SANs further called on President Muhammadu Buhari to “immediately direct investigation of all security agents and other persons who played any role in this assault on the Judiciary and any persons found cupable should be made to face the full wrath of the law.”

While earlier reports had said that the raid was carried out by operatives of the Economic and Financial Crimes Commission (EFCC), the anti-graft agency distanced itself from it, saying “If there was any such operation as claimed by the media, it was not carried out by the EFCC.”

But facts emerged on Saturday that the operation was led by a Chief Superintendent of Police, Lawrence Ajodo.

CSP Ajodo, in an affidavit sighted by THE WHISTLER, had claimed that the operation was to be carried out by the FCT Police Command in collaboration with a Joint Panel of Recovery of the Ministry of Justice.

The justice ministry has since denied involvement in the operation and denied the existence of such panel at the ministry.