DSS raids: FG Challenges Court's Jurisdiction To Stop Trial Of Indicted Judges

DSS raids: FG Challenges Court's Jurisdiction To Stop Trial Of Indicted Judges

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The federal government has challenged the jurisdiction of the
Federal High Court in Abuja to stop the prosecution of judges accused
of engaging in acts of corruption.

The government in a preliminary objection to a suit filed by a Lagos-based lawyer, Mr. Olukoya Ogungbeje, seeking to stopping the Federal Government from arraigning seven judges arrested after a “sting operation” conducted by the Department of State Services, DSS, between October 7 and 8, argued that the high court lacks the jurisdiction to entertain a suit.

It will be recalled that trial Justice Gabriel Kolawole, had on October
28, ordered Ogungbeje to put the respondents in the suit on notice to enable them appear in court to show cause why the
embattled judges should be tried,

The respondents in the case are: President Muhammadu Buhari, the Director-General of the DSS, Mr. Lawal Daura, 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.

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 on whose behalf the plaintiff is suing 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.