Some Nigerians have condemned the threat by the leadership of Nigeria Bar Association (NBA) over the arrest of some judges for alleged corruption and professional misconduct.
They urged President Muhammadu Buhari not to succumb to pressure but to ensure that the judges are prosecuted according to the law of the land.
The Directorate of State Services (DSS), on Saturday morning, arrested some judges for alleged corruption.
The agency stated that it recovered huge sums in local and foreign currencies from the judges.
Following their arrest, the leadership of NBA headed by Mr Abubakar Mahmoud (SAN), at a news conference in Lagos on Saturday, demanded the judges’ immediate release on the ground that due process was not followed in their arrest.
The association said: “It is not the responsibility of DSS to arrest judges’’.
It described the action of the agency as unconstitutional and a way of intimidating the judiciary and undermining its independence.
“President Muhammadu Buhari should order immediate release of the affected judges or there would be consequences,” NBA said.
But, some Nigerians on Sunday described the position of the Bar as shameful and an embarrassment.
Some of those who responded to the threat accused NBA of encouraging corruption, adding that it was an indication that “corruption is fighting back” against the anti-corruption campaign of the government .
They said the action of NBA had vindicated the president, who had said that the judiciary was a major hindrance to the fight against corruption.
A resident of Makurdi, Benue State, Mr James Audu, wondered why NBA would ask the Federal Government to immediately release the judges.
“I am not sure I understand why the NBA is asking the Federal Government to order the immediate release of some judges that have been arrested over allegations of corruption.
“Were they arrested without warrants? Is it unlawful to investigate a judge on allegations of corruption? Or are our laws meant to be obeyed by some people while others breach them and go free? Do judges also enjoy immunity under our laws? Are judges not subject to our laws? Is there no rule of law here or are judges above the law?” he asked.
An Ibadan engineer, Yinusa Alabi, said with the stand of the lawyers on the arrest, he was confused as to the meaning of NBA.
“What is the meaning of NBA? Is it Nigeria Bar Association, Nigeria Bribe Association or Nigeria Bureau de change Association? Honestly, I am confused. The rationale thing to do was for these lawyers to go to court to defend the judges once they are arraigned.
“In this same country under the Buhari administration, retired Generals, Admirals, Marshals, senior civil servants, politicians and others were arrested, detained and arraigned. Heavens did not fall. Nobody said anything. So why are these lawyers shouting?
“May be they are the ones used by politicians and some governors to bribe these judges. It is a shame. Thank God I am not a lawyer”.
A Lagos businessman, Boniface Agwu, also attacked the lawyers for their position on the arrest of the judges.
“It is particularly worrisome that some lawyers, not all lawyers, will condemn such a courageous move by the government. How did they want the government to arrest the lawyers? To call and inform them that security agents were coming to visit them in the night or tell them to bring the money to DSS office?”
A lawyer, Adeseun Ipaye, said: “Well, I can’t condemn my senior colleagues but I have this feeling they were too hasty with that press conference. They should have waited for when the judges would be arraigned before saying anything.
“In Ghana, 34 Judges were rounded up for malfeasance, investigated and 20 of them sent packing. The Legal Community and the media did not cry foul or call for boycott of Courts or State Emergency, so, what is going on in Nigeria?
“I agree that the judiciary is an independent arm of government but only 74 Nigerians can never be arrested – President, Vice President, 36 governors and their deputies. Nothing in our laws forbids the arrest of any person for criminal investigation, whether you are a judge or not. I hope NBA is not trying to become a clog in the wheel of progress of the Buhari administration”.
A Lagos resident, Miss Shidoon Agbe, said the judges should be prosecuted according to the law.
Agbe said that it was a shame that a respected legal body, such as NBA, would allow itself to be used by corrupt politicians to achieve their goals.
“The Nigerian Constitution does not make provision for judges’ immunity neither does it exclude them from investigations. In fact, even the Mr President can be investigated while still in office,’’ she said.
Agbe said that in other parts of the world, judges are arrested and tried like other citizens.
“A few months ago, South African President was investigated and tried even with his immunity and nobody complained about it. Examples of cases of this nature are too many to mention.
“This is a legal issue, all we expected of NBA during their press conference was for them to clearly quote the various sections of the constitution that prohibit security agencies from investigating and arresting judges,” she said.
