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:
Spokespersons for IPOB
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