October 11, 2016
Press Release
UNDERSTANDING THE REAL REASON WHY BUHARI’S DSS IS RUNNING RIOT ON SOME JUDGES
Retired
Major-General Muhammadu Buhari who committed treason against Nigerian
Government on December 31, 1983, but was rewarded with the presidency
after 32 years of his inglorious anti-democratic acts has been running
riots on some fearless and sagacious Judges in the past few days. Using
an agency that is not recognized by the Nigerian Constitution, Buhari
has unleashed atrocious illegality on members of the Nigerian Bench. It
is on record that the Department of State Services (DSS), which Buhari
is using to perform this criminal act of kidnapping of Judges, is not
listed on any of the 320 sections and seven schedules of the Nigerian
Constitution. On the contrary, Buhari ignores the Nigeria Police Force
exclusively and exhaustively recognized in Section-214 to Section-216 of
the Constitution. But why is Buhari using the DSS to kidnap, harass,
intimidate and falsely incriminate these Judges?
The Indigenous People of Biafra (IPOB) can authoritatively report that irrefutable
evidence has emerged regarding the smokescreen intimidation of Judges
in the name of fighting corruption. It should be placed on record that
the trigger for the arrest of the Hon Justice A. F. A. Ademola and other
reputable Judges had nothing to do with election results but rather the
fact that Nnamdi Kanu filed contempt of court proceedings against the
Buhari regime which as the presiding Judge in the original case, Justice
Ademola was legally bound to hear in his court. We do recall that only
on Friday the 7th of October 2016, Justice Ademola issued two rulings in
a case brought against DSS by two persons whose fundamental human
rights were abused because they were illegally detained by the same DSS.
The Hon. Justice Ademola awarded 20 Million Naira and 10 Million Naira
respectively to the complainants.
The
timing of the arrest of Justice Ademola is troubling because the DSS
know that he is covered by what is termed “Constitutional Immunity”
which means that you cannot arrest a sitting Judge over his rulings but
rather you appeal against it. This is elementary law that even a peanut
seller in the village should know. If the Buhari regime thinks that the
order of unconditional release made by Justice Ademola was
preposterously obtained by fraud or corruption, then the next logical
line would have been for Buhari to appeal Justice Ademola's judgement.
But because Buhari and his co-travelers have no grounds to stand on,
they chose this smear campaign with the help of some legal turncoats
like Femi Falana who claim to be legal gurus yet a simple case of
constitutional immunity eludes them.
We
ask the DSS this simple question; If at all Justice Ademola corruptly
delivered a judgement for Kanu to be released unconditionally, why is it
that the government did not make available their evidence at the appeal
court which is the natural arena to challenge his rulings rather than
deceiving the gullible public with a supposed “sting operation”? Just today, 11th of
October 2016 at the Federal High Court Abuja, IPOB can reliably inform
the world that the Registrar of Court 7, Mr. Kenneth Gudugu was ordered
by the DSS to march to their office to deposit copies of the rulings of
Justice Ademola on the cases of Nnamdi Kanu and Sambo Dasuki.
In
the meantime, the DSS already have these documents in their file, so
why are they harassing a fearless Judge like Justice Ademola and other
judicial officers who refused to be intimidated by the DSS? We posit
unarguably that the Hon Justice A. F. A. Ademola should be celebrated
not unconstitutionally and tyrannically ridiculed for his bravery in
standing up against the evils of the Buhari regime.
On
the other hand, the very corrupt John Tsoho who lied under judicial
oath whilst making a complete mess of himself and the law through his
blatant lies and contradictory ruling is still serving as a Judge. It
seems the only criterion that qualifies a person as a corrupt Judge is
when you rule against Buhari and his unconstitutional DSS. It is
regrettable that good men have continued to keep quiet as the reign of
terror continues from Buhari who not only committed treason in 1983 but
also violated Nigeria’s electoral law by contesting for the presidency
without having the minimum educational qualification of West African
School Certificate (W.A.S.C).
It
is heart-wrenching that those who call themselves “foremost
constitutional lawyers” with SAN-ship and professorial accolades cannot
step up to stem this drift into anarchy orchestrated by a gang of
illiterate and ethnic-cum-religious bigots. Does it really prick the
conscience of these abettors of illegality when they know that the DSS
has no constitutional mandate to foray into corruption cases nor are
they constitutionally empowered to investigate and prosecute judicial
officers?
For
the avoidance of doubt, the National Judicial Council (NJC) is brought
into existence courtesy of Section-153(1-i) of the Constitution.
Furthermore, Section-21(g) of the Third Schedule of the Constitution
empowers the NJC to “appoint, dismiss and exercise disciplinary control over” judicial officers. And above all, Section-158(1) of the Constitution states that the NJC “in
exercising its power to make appointments or to exercise disciplinary
control over persons, shall not be subject to the direction or control
of any other authority or person.” Meaning that not even Buhari,
to whom the DSS report, can direct or control the duties and
responsibilities of the NJC, especially in the areas of disciplinary
control of judicial officers. And to cap it all, Section-1(3) of the
Constitution states that “If
any other law is inconsistent with the provisions of this Constitution,
this Constitution shall prevail, and that other law shall, to the
extent of the inconsistency, be void.” This effectively
nullifies any rationalization that could be adduced from Section-2(3) of
CAP N74 L.F.N. 2004 which the DSS may rely upon for their nefarious
activities.
In
summary, the recent brigandage by the DSS against the Hon Justice A. F.
A. Ademola and his co-fearless Judges is a camouflage to arm-twist
these Judges as they adjudicate on the Nnamdi Kanu versus DSS case which
the latter is bound to lose. That is the real reason why the DSS is
running riot albeit illegally on these upright Judges.
But at the end, we (IPOB) shall win, and the blessed nation of Biafra shall be restored.
Signed
Barrister Emma Nmezu Dr. Clifford Chukwuemeka IroanyaSpokesperson for IPOB Spokesperson for IPOB
Barrister Emma Nmezu Dr. Clifford Chukwuemeka IroanyaSpokesperson for IPOB Spokesperson for IPOB
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