In this analysis on the ongoing discourse on the raid on the homes of some jurists across the hand by security operatives, WAHAB SHITTU, a law teacher at the University of Lagos (UNILAG), says the Department of State Services (DSS) has not stepped out of bounds once it acted in accordance with the extant laws.  

My reluctance to comment on the propriety or otherwise of recent arrests of judges is strategic. Being a private public prosecutor for EFCC (Economic and Financial Crimes Commission), I have a duty not to prejudice the process. Secondly, I am aware that investigations are ongoing and I do not want to preempt the process.  Thirdly, I am conscious of the fundamental rights of parties involved in the process including suspects and so careful not to make prejudicial comments. Fourthly, the judiciary, the constituency to which I belong, appears to be on trial reflecting a period of sober reflections.

Notwithstanding the above, the diversity of reactions that have greeted recent mass arrests of judges is understandable. This is the first time such an unprecedented development will take place, at least, in Nigeria.  Secondly, while many are agreed on the need to fight corruption there is still a controversy on the means and methods of actualising that objective. Thirdly, while there appears to be a general consensus on the need to move against corruption, the elephant in the room, there is still the incontrovertible fact that such crusade must be carried out within the ambit of the rule of law.  Fourthly, what constitute infraction of the rule of law is far from being settled.  There are those who contend that infractions of legal rules and processes are against the rule of law and this is eminently the popular view.  There are also others who subscribe to the theory that corruption manifested in the deprivation and appropriation of public resources, constituting common wealth by anyone is also an invasion of the rule of law and a breach of the fundamental rights of those whose assets are so misappropriated.

These reactions stem from either a commendation or condemnation of the actions of the security agencies depending on where the commentator stands in the equation. Those who condemn the DSS (Department of State Services) alluded to alleged non-compliance with due process and rule of law prescriptions in carrying out the operations. The opposing views disagree.  The Attorney-General of the Federation, Mallam Abubakar Malami SAN, is quoted to have said: “Corruption is a crime and nobody, regardless of how highly placed, is exempted”, Prof. Sagay said: “what has happened…is a rapid descent into the world of mammon, where cash dictates justice”, Prof. Akin Oyebode also said: “Judges that are caught, let them be burnt at the stake or fall at the guillotine. No tears should be shed…” Senate President, Dr. Bukola Saraki, however, said: “Any act of anti-corruption action that goes against the rule of law does not help the corruption fight”. These eminently expressed views are correct depending on the perspectives and the circumstances.

The essence of this intervention is not to join issues on the merits or otherwise of this conflicting positions because views expressed will differ, depending on perspectives and the divide upon which you stand in respect of the controversy. More importantly, it may be premature at this stage to take positions since investigations are ongoing, the rights of persons and organisations are involved and details are yet to fully emerge. It is however useful to deepen popular consciousness by examining the scope, powers, and limits of investigative and prosecutorial agencies, so that members of the larger public could be guided with a view to contributing to the debate.

culled from: The Nation