The Nigerian Bar Association (NBA) is demanding sanctions against the masterminds of Friday’s attempted raid of the Abuja residence of Supreme Court Justice Mary Odili and her husband, Peter.
It spoke moments after the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, announced an immediate probe of the circumstances surrounding the siege on the residence of the Odilis.
Malami, who vehemently denied his involvement or that of his office in the attempted raid, said whoever was involved in the matter would be prosecuted.
The Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) also denied having a hand in the raid by a team that called itself ‘Joint Panel Recovery Under the Ministry of Justice’.
President of the NBA, Mr. Olumide Akpata, said in a statement that he would convene an emergency meeting of the NBA National Executive Committee to discuss the issue and take a definitive stand on behalf of the association.
He said the AGF’s denunciation of the raid “implies that the residence of the second most senior judicial officer in Nigeria was raided by rogue security agencies.”
He added: “The grave implications of this possibility leave a lot to be desired.”
He said when viewed in the context of a similar raid on the premises of Supreme Court Justices in 2016, the NBA interpreted the latest incident as part of an orchestrated affront designed to intimidate and ridicule the Judiciary.
The NBA, he vowed, “will no longer allow this to continue.”
He said: “In case the law enforcement agencies have not learnt their lessons, events like this do nothing but erode the independence of sacred democratic institutions like the Judiciary, undermine the rule of law in Nigeria and set the country back in the quest to instill confidence in citizens of Nigeria, Nigerian businesses and foreign investors that Nigeria operates a democracy with an independent Judiciary.
“I have spoken with My Lord, Peter-Odili JSC, and I am happy to report that she is alive and well. Beyond that however, it is my pledge to Nigerians that the NBA will get to the root of this matter.
“In line with the aims and objectives of the NBA to protect and defend the independence of the Judiciary and the Rule of Law, we will convene an emergency meeting of the NBA National Executive Committee solely to discuss this issue and take a definitive stand on behalf of the NBA.
“I will also lead a delegation to the Honourable AGF Mr. Abubakar Malami, SAN, and the relevant heads of security agencies to seek further clarification on the circumstances of this incident.
“The NBA will ensure that all those responsible for this unfortunate incident are brought to book. We must do all that is required to safeguard the independence of our Judiciary and indeed protect our hard-won democracy.”
It’s another frontal attack on judiciary, say SANs
In a separate response, The Concerned Senior Advocates of Nigeria, South-East chapter, called the raid yet another frontal attack on the independence and integrity of the Judiciary.
Prof. Ilochi Okafor (SAN), Mr. Etigwe Uwa (SAN) and Mr. Chijioke Okoli (SAN), who jointly signed the statement, recalled “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,” and said 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.”
They added: “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 ongoing criminal case, and none of the perpetrators has been held accountable.
“These consistent and systematic attacks on 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-emphasise 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 sitting judicial officer without first referring the matter to the National Judicial Council, and await the directive of the Council.”
Malami orders probe of siege on Odili’s residence
Attorney General of the Federation (AGF) and Justice Minister Abubakar Malami yesterday announced an immediate probe of the circumstances surrounding Friday’s security siege at the Maitama, Abuja residence of Supreme Court justice Mary Odili.
Malami, who vehemently denied his involvement or that of his office in the attempted raid, said whoever was involved in the matter would be prosecuted.
The Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) also denied having a hand in the raid by a team that tagged itself ‘Joint Panel Recovery Under the Ministry of Justice’.
The team, armed with a search warrant issued by Chief Magistrate Emmanuel Iyanna of Wuse Zone 6 magisterial division, was however prevented by security personnel attached to the residence from executing the warrant.
Iyanna later revoked the search warrant, claiming he was misled by officials who claimed to have come from the Ministry of Justice.
Responding to the development yesterday, Malami said neither himself nor his office had anything to do with the “fabrications and concocted lies” linking him to the aborted siege.
The minister, speaking through his media aide, Umar Gwandu, said the procurement of the search warrant itself smacked of fraud.
He said he would “not stoop too low to be associated with an apparent in-elegant and nasty court process on the strength of which the purported search warrant was procured.”
Continuing, he said: “The general public need to know that there was nothing called ‘Joint Panel Recovery Under the Ministry of Justice’ in the Office of the Attorney General of the Federation and Minister of Justice, and by extension the entire Federal Ministry of Justice.
“What we have is ‘Assets Recovery and Management Unit,’ the mandate of which does not include sting operations.
“Numerous incongruities in the documents being circulated in relation to the saga reveal traces of criminal actions with particular regards to:
*The name as contained on the purported letter headed paper “Ghost’s Account For Local Whistle Blowers & Assets Tax Recovery Panel”,
*The ambiguous reference to “Ministry of Justice” without clarifying as to whether it is Federal or State Ministry and of which State,
*The claimed office address which as revealed by the letter headed paper is not the address of the Federal Ministry of Justice
*Email address used on the letter
“All these deductions would have assisted a discerning mind to arrive at a reasonable conclusion of criminal undertones associated with the court process on the basis of which the purported search warrant was procured.
“The Office of the Attorney General of the Federation and Minister of Justice has since reached out to the relevant authorities for an intensified wider investigation on the matter for necessary actions leading to the prosecution of anyone involved in the matter in view of the fact that the only names on record from the process filed in court are a purported police officer, who claimed to be “O/C Assets Recovery Team” and one Aliyu Umar a deponent in the affidavit.
“The claim of the Chief Magistrate, as reported by a section of the media, to the effect that he was being misled by office of the Attorney General of the Federation and Minister of Justice into the issuance of the search warrant is equally forwarded to the relevant investigation agencies to ascertain veracity or otherwise of the purported association of the Attorney General of the Federation and Minister of Justice and which officer if any in the Office of the Attorney General of the Federation and Minister of Justice is associated with such claimed misrepresentation.”
EFCC chair: It’s handiwork of mischief-makers
The Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC), which were also accused of being part of the invasion of the Odilis’ residence, said in separate statements yesterday that they had no hand in it.
Chairman of the EFCC, Abdulrasheed Bawa, said on Channels Television yesterday that those trying to “link anything to the EFCC of this nature’ were mischief makers.
He said: We were never there. None of our operatives was there. It’s not from EFCC. It’s not an EFCC thing.
“I’ve called all the non-security and re-enforcement agencies in the country and they also denied that anybody has been sent to the house to carry out any search or arrest.
“In fact, it came to my knowledge when a very senior lawyer called the director of legal. We were having a meeting in the evening, and he asked to give the phone to the director of operations that we were also having a meeting together with.
“And when I came back, because I had just stepped out, they said that this is what is going on and we just laughed because we understand that there are a lot of people that want to put us at loggerheads with the judiciary.
“And you know that in the work that we do, the judiciary is our biggest partner, and of course they are just trying to cause problem where there is no problem.”
The DSS also answered in the negative when contacted for its response.
Its spokesman, Dr.Peter Afunnaya, simply said “No, Pls” in an sms.
Atiku condemns invasion
In a statement issued by his media office yesterday, former Vice President of Nigeria, Atiku Abubakar, condemned the raid on the residence of the Odilis.
The statement quoted Atiku as saying that a continuation of the notorious behaviour of security operatives conducting a raid on residences of senior judicial officers negates the ideals of a democratic society and constitutes an affront on the independence of the judiciary.
“It is with utmost disgust that we continue to witness situations whereby law enforcement agencies conduct raids on residences of senior judges in the country.
“Irrespective of the investigations that they pursue, such practices give expression of professional misconduct and put our country in very poor images.
“It needs not be reiterated that this is a democratic republic and every organ of the state bureaucracy, especially the security agencies, must conduct themselves in responsibility to the people of Nigeria,” Atiku said.
The statement further called for a discontinuation of such misconduct and demanded an apology to the victim of the current circumstance in the person of Justice Mary Odili as well as a probe of the circumstances that led to the raid and sanction of those involved in the act.
It was politically motivated, says Ozekhome
Counsel to the Odilis, Chief Mike Ozekhome (SAN) said the action of the raiders was “politically motivated, deliberately contrived as an artifice and designed to embarrass this cerebral justice of the Supreme Court and to embarrass her husband.
“Of course, the husband is a well-known PDP titan, and tomorrow (Saturday) is the PDP convention. Could it have been designed to rake up issues and make it look like they were trying to go after him so as to demoralise the delegates for tomorrow’s convention? That is another theory.
“But whatever theory, one thing is clear to me, we are gradually moving towards the precipice of calling ourselves a banana republic. Nowhere in the world would secret agents just bump into the house of a justice of the supreme court and a former governor with an empty search warrant with no name written on it.”
It’s condemnable —Shehu Sani
Human rights activist and former Senator representing Kaduna Central, Shehu Sani, said the attempted raid was unfortunate and condemnable.
Sani, writing on Twitter, said: “The raid on Justice Mary Odili’s house is unfortunate and condemnable. It’s not unexpected that such a courageous woman will be the subject and target of the State cruelty. I stand by her.”
The magistrate who signed the search warrant revoked the document after officials drew his attention to what was going on.
He claimed that those who applied for the warrant had lied to him.
He had signed the document based on an affidavit by a ‘whistleblower’ Aliyu on October 13 that there were illegal activities going on at 9, Imo Street, Maitama.
But Justice Odili said the warrant could not have been meant for her residence since she lives at 7, Imo River Street, Maitama, and not 9, Imo Street, Maitama, as specified in the warrant.
Her husband, Peter, is a former governor of Rivers State.
He recently sued the Nigerian Immigration Service (NIS) over the seizure of his international passport.
The NIS said its action followed a request from the EFCC which claimed the former governor was on its watch list.
Justice Inyang Ekwo of the Federal High Court, Abuja, who declared the action by NIS illegal, had ordered the release of the passport in a judgment given on October 18, 2021.
Kalu condemns invasion of Odili’s residence
Also speaking on the invasion of the Odilis’ residence, the Chief Whip of the Senate, Dr. Orji Kalu, said it was cruel, undemocratic and uncivilised.
Kalu asked the federal government to commence a full scale investigation into the incident, adding that the unwarranted invasion of the house of the Judge was capable of causing tension in the country.
Kalu, a former governor of Abia State, stressed that in a democratic setting, the rule of law must be strictly adhered to for the sake of national progress and development.
While condemning the sad incident, he urged appropriate government agencies to discharge their duties and responsibilities in tandem with the constitution, noting that violation of human rights will set the country backward.
He said under no circumstance must the rule of law be undermined in a democratic set up.
Source: The Nation
