Senior Advocate of Nigeria and human rights activist, Femi Falana, has called for the immediate release of judges detained by the Department of State Services, DSS, and their prompt prosecution if there is sufficient evidence against them.
Falana, in a statement issued on Sunday night, also blamed what he described as the failure of the Nigerian Bar Association, NBA, and the National Judicial Council, NJC, to adequately confront allegations of corruption within the judiciary.
His reaction comes after the DSS carried out raids on the official residences of some judges in Abuja, Gombe, Kano and Port Harcourt, with some of the judicial officers subsequently arrested and detained.
The security agency had alleged that the affected judges were being investigated over suspected judicial misconduct and corrupt practices.
In his statement titled “Release Detained Judges on Bail,” Falana said the detained judicial officers should be treated as innocent until proven guilty and should be granted bail while investigations and any subsequent prosecution are conducted in accordance with the law.
He also urged the Attorney-General of the Federation and Minister of Justice to ensure that any judge against whom there is sufficient evidence is arraigned without unnecessary delay.
According to him, the controversy surrounding the arrests has exposed what he considers to be a deeper problem within the legal profession and the institutions responsible for maintaining discipline in the judiciary.
Falana alleged that for years, some judicial officers accused of serious offences had escaped criminal prosecution and were instead retired on the recommendation of the NJC.
He cited the recent recommendation by the NJC for the dismissal and prosecution of a judge accused of extorting ₦197 million from a litigant, saying such actions should be followed by stronger measures against corruption in the profession.
The human rights lawyer also criticised the NBA, alleging that the association had failed to sufficiently act on information concerning lawyers and judges accused of corrupt practices.
He claimed that some lawyers who attempted to expose alleged corruption within the profession had faced hostility from their colleagues.
Falana further alleged that some judges facing corruption investigations had previously obtained court orders restraining law enforcement agencies from arresting, investigating or prosecuting them.
He recalled a case involving a female High Court judge, alleging that an anti-graft agency discovered about ₦2 billion in her bank account.
According to Falana, the judge reported to the agency after being invited for questioning, made a statement and was granted bail, but subsequently obtained an interlocutory injunction from a Federal High Court restraining further action against her.
Falana also referred to the ongoing trial of two Senior Advocates of Nigeria in Lagos over allegations involving the bribery of a judge, arguing that the judge allegedly involved in receiving the bribe should also face prosecution if there is sufficient evidence.
He maintained that the failure of the legal profession and relevant disciplinary institutions to effectively deal with alleged corruption had contributed to the growing involvement of security agencies in matters concerning the judiciary.
“Having failed to take advantage of the relevant statutory disciplinary bodies to purge the bar and the bench of corrupt elements, the members of the legal profession have themselves to blame for the harassment of judges by security forces,” Falana said.
He argued that the responsibility for maintaining the integrity of the judiciary should not be left entirely to security agencies, urging the NBA and NJC to strengthen their disciplinary mechanisms.
Falana also called for greater protection of the rights of criminal suspects, regardless of their social status or profession.
He noted that human rights organisations had for years demanded respect for the fundamental rights of ordinary criminal suspects by the police and other security agencies.
According to him, the recent controversy involving judges and other influential Nigerians should serve as a reminder that every person suspected of a crime deserves to be treated with dignity and in accordance with the Constitution and the Administration of Criminal Justice Act, 2015.
He therefore urged all stakeholders in the justice sector to ensure that investigations and prosecutions are conducted transparently and within the framework of the law.
Falana’s comments come amid heightened public attention on allegations of corruption and misconduct within Nigeria’s judiciary, as authorities face pressure to balance the fight against corruption with respect for due process and the rights of suspects.
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