Anarchy looms, as DSS arrests judges 

By DICKSON OMONODE

THERE are emerging symptoms of anarchy as the anti-corruption war of President Muhammadu Buhari has continued to develop different meanings to several stakeholders in the polity. This degenerated into unusual attempt by the Governor of Rivers State, Nyesom Wike, to obstruct the operations of a high security apparatus of the country, the Department of State Services (DSS), in the state who were on duty to arrest a federal judge for corruption allegations.

The episode generated conflicting use of the powers of the country’s state system between the DSS and the Governor who has immunity and also claimed he is the Chief Security Officer of the state.

Meanwhile, the frightening dimension of President Buhari’s anti-corruption war is the rising degree of high violent security outfit for the assignment. The DSS has apparently, taken over the duties of the Economic and Financial Crimes Commission (EFCC), the Police, particularly, the State Financial Intelligence Unit (SFIU), ICPC,

More so, there exists mutual distrust among state actors on what the ulterior motive of certain actions may be. Thus, there appears to be no consensus among the state actors on the process of the anti-corruption war.

The Nigeria Bar Association (NBA) has condemned the actions of the DSS, demanding immediate release of the arrested judges or face the consequences.

Governor Ayodele Fayose of Ekiti State also described the invasion of residence of judges by the DSS and arrest as a direct assault on the judiciary.

Fayose said it should now be obvious to all Nigerians and the international community that democracy is under threat in Nigeria and Nigerians must rise to save democracy from being truncated.

The emerging trend calls for caution in the use of political powers by state actors such as not to intimidate the security agencies in the performance of their duties or intimidate constituted authorities. Perhaps, there is need for more transparency in what the President is doing in this regard.

Governor was monitored from Lagos in a report on his intervention on the arrest of a federal judge in River State at the week end. The governor had stated that he got information about a plot to kidnap the judge at the dark hours and had to mobilise his personal security details to provide protection for the judge.

The governor lamented that when the security operatives want to engage on routine security duties and seek logistics from the state government but when they engage on operations that counter the rule of law, they adopt contrary means.

The DSS, at the week end, confirmed that it conducted raids across the country in the homes of judges the Service described as corrupt.

Garba Abdullahi, an agent of the Service, at a news conference last Saturday at the DSS headquarters, Abuja, admitted that the DSS had been monitoring the lifestyle of some judges, and that the action was determined to bring sanity to the judiciary.

Accordingly, two justices of the Supreme Court, Justices Sylvester Ngwuta and John Okoro, including a High Court Judge, Justice Muazu Pindiga, arrested in Gombe.
In Rivers State, the story was bizarre.

The state government had alleged that there was an attempt in the early hours of Saturday by hundreds of Department of State Services (DSS) operatives and policemen to arrest a Federal High Court judge residing at Number 35 Forces Avenue, Port Harcourt.

Simeon Nwakaudu, Special Assistant to the Rivers Governor on electronic media, in a statement, purported the “illegal failed abduction was led by Mr. Tosin Ajayi, Rivers State Director of the Department of State Services (DSS) and Rivers State Police Commissioner, Mr. Francis Odesanya.”

The operatives of DSS were alleged to have rough-handled Governor Wike, pushing him around and injuring his hand. “A few of the operatives cocked their rifles and threatened to shoot the Governor,” he alleged.

It was disclosed that they were irked by Governor Wike’s arrival at the scene shortly after the failed abduction process began.

The security operatives were said to have blocked the entrance of the residence of the Federal High Court judge at about 1.00am on Saturday morning, claiming that they were acting on orders from above. “As they dragged Governor Wike, they insisted that they must be allowed to leave with the judge,” it was alleged.

The ensuing pandemonium was said to have attracted journalists who thronged the vicinity to know why hundreds of security agents in several Patrol vans had been mobilized, thus, making .the DSS, boss, Tosin Ajayi, exit the scene.

However, Rivers State Police Commissioner, Francis Odesanya, was said to have admitted that the two security agencies were at the scene because they received privileged information, adding that he was at the scene as a peace maker. He declined comments on why the Police joined the DSS to abduct a serving Federal High Court judge.

Governor Wike had said it will not be under his watch that security agencies will be allowed to entrench needless impunity.

He declared that their reckless action portends danger to the nation’s democracy, noting that he is convinced that President Buhari is not aware of the level of impunity being perpetrated by Federal Security agencies.

Governor Wike had maintained that whatever the situation, the rule of law must prevail in a democratic setting. He said if the security agencies had a lawful directive to implement, they must follow due process.

“Not under my watch will I allow this kind of impunity to take place. That is why we are here. I don’t know the judge they were detailed to abduct. I didn’t bother myself to know which judge. All I am interested in is that, at this level, it is not allowed,” the governor stated.

“He is not a criminal and he is not an armed robber. If the person has committed an offence, invite him. It is only when he refuses to honour the invitation that you can adopt this commando style. The Commissioner of Police is here, the Director of DSS is here. Their operatives cocked their guns and threatened to shoot me. I have never seen that before.

Again, this is to tell you what we are facing. We know that more will come. For us in this state, we shall continue to resist it,” Wike declared.

Meanwhile, the PDP has alleged plot by the DSS to kill Wike, calling for investigation.
“Rivers State is under siege. For you to see a governor out at this time of the day, something is wrong. A siege is an understatement. If this type of thing happens next time, the people will resist it to the last,” the governor said, adding: “They are trying to do something funny in this state, probably to declare a state of emergency.”

Justice Muazu Pindiga who the DSS arrested in Gombe was Chairman of the Rivers State Governorship Petition Tribunal. He was arrested on allegations of bribery and corruption.
It was, however, gathered that the DSS had commenced a nationwide crackdown on Friday night arresting judges suspected to have collected huge cash to pervert the cause of justice before, during and after the 2015 general elections as well as in other cases.

The official residence of Walter Onnoghen, recently recommended to President Buhari as the next Chief Justice of Nigeria, was said to be besieged by the DSS for several hours overnight.
The DSS has however denied that it tried to arrest Onnoghen nor did it invite him for questioning.

Moreover, in Abuja, the DSS stormed the home Nnamdi Dimgba and Adeniyi Ademola, both of the Abuja Division of the Federal High Court, in their official residences located inside Apo Legislative Quarters, Abuja.

Ademola was later arrested in the early hours of Saturday while Dimgba’s brother was reportedly assaulted by the operatives.

It was alleged that Dimgba’s residence was surrounded on Friday night for a recent decision he made against the continued detention of a retired Air Commodre, Mohammed Umar, who was arrested following allegations of fraud, illegal possession of firearms and abuse of trust. Umar was granted bail with a bond of N100 million.

According to the source, who is a Senior Advocate of Nigeria, Justice Dimgba, in a recent ruling, ordered the DSS to release Umar or risk being committed by his court.

He said the DSS had earlier been told by a magistrate court to release the accused, but instead they brought the matter before the Federal High Court.

When Dimgba, however, learnt that an order had previously been made for the release of Umar, he decided that his court would maintain the same order and its conditions for bail.

Dimgba also ordered the DSS to remand the accused at the Kuje maximum security prison, pending the time when he would meet the conditions for bail.

That order was also in furtherance of the decision made at the magistrate court.
‎According to the report, the DSS failed to obey the order and continued to hold Umar.

There were reports that three judges from Sokoto, Bauchi and Kano were also taken into custody by the DSS for allegedly collecting bribes.

Meanwhile, the chief justice of Nigeria, Justice Mahmud Mohammed, confirmed that operatives of the DSS on Saturday arrested two Justices of the Supreme Court Justices Sylvester Ngwuta and John Okoro in the early hours of Saturday at their official residences in Abuja. Justice Onnoghen was, however, not among the arrested judges.

The DSS, however, gave reasons for the raid on the homes of some judges in the country, disclosing that the special sting operations it carried out were based on allegations of corruptions and other acts of professional misconduct by a few of the suspected Judges.
Certain amount of money were said to be recovered in the raid.

It disclosed that in one of the States where the Service carried out its operations, credible intelligence revealed that the Judge had $2,000,000 stashed in his house, adding that the said Judge in concert with the State Governor, mobilized thugs against the Service when he was approached for due search to be conducted.

Abdullahi Garba, in a statement, declared that large amount of money, including foreign/local currencies, were recovered. Summaries of these include:

1. NAIRA N93,558,000.00
2. DOLLARS $530,087
3. POUNDS £25,970
4. EURO €5,680

“Other foreign currencies were also recovered. This were recovered from just three (3) of the judges. These in addition to other banking documents, including real estate documents have been recovered. Meanwhile preparations are ongoing to arraign them in a competent court of jurisdiction in line with the laws of the nation,” the DSS declared.

The Service was said to have clarified that it never invited Justice Walter Nkanu Onnoghen of the Supreme Court for investigation, asserting that the Justice is not being investigated by the DSS.