South Eastern SANs Condemn Raid Of Justice Odili ‘s Home, Say It’s An Attack On The Judiciary

*Urge President Buhari To Investigate And Sanction Any Security Agency, Officer Found Culpable

The Concerned Senior Advocates of Nigeria of Southeastern Extraction have condemned what they described as an “unlawful raid” carried out on the home of Hon. Justice Mary Odili, a Justice of the Supreme Court of Nigeria.

The SANs, in a statement made available to TheNigeriaLawyer signed by Prof. Ilochi Okafor SAN, Mr. Etigwe Uwa, SAN and Mr. Chijioke Okoli, SAN, said the attack amounts to an attack on the independence and integrity of the Judiciary.

Relying on the decision of the Court of Appeal in NGANJIWA V FEDERAL REPUBLIC OF NIGERIA (2018) 4 NWLR (Pt. 1609) 301, they contend that the National Judicial Council, NJC, is the appropriate body to investigate the Justice, not security agencies.

They called on President Buhari to launch an investigation into the situation and sanction any security officer found Culpable

Read the statement below

SECURITY OPERATIVES RAID OF JUSTICE MARY ODILI’S RESIDENCE IS AN ATTACK ON ENTIRE JUDICIARY – SANS CALL FOR ARREST AND PROSECUTION OF PERPETRATORS

Abuja, October 30, 2021

Concerned Senior Advocates of Nigeria of Southeastern Extraction condemn in strong terms the unlawful raid on October 29, 2021, of the residence of Hon Justice Mary Peter Odili, the second most senior Justice of the Supreme Court of Nigeria. The raid said to have been orchestrated by some security agencies, is yet another frontal attack on the independence and integrity of the Judiciary.

We are worried that this event is part of a series of events aimed at systematically intimidating and emasculating the Judiciary . We recall similar raids by the EFCC, the DSS and other security operatives on the premises of Justices of the Supreme Court in 2016, and residence of some Judges of the Federal High Court, in Abuja. 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.

We call on the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria 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.

Signed

Professor Ilochi Okafor SAN Mr. Etigwe Uwa SAN Mr. Chijioke Okoli SAN

For and on behalf of Certain Concerned SANs of Southeastern Extraction.