Sowore: Senate probes court invasion

.As body of benchers seeks independent probe

.NBA decries persistent disobedience of court orders, says trend could lead to anarchy if unchecked

The Senate has mandated its Committee on Judiciary, Human Rights and Legal Matters to investigate the invasion of the Federal High Court, Abuja, presided over by Justice Ifeoma Ojukwu by yet-to-be identified persons on December 6.

Recall that the invasion of the court occurred shortly after Justice Ojukwu adjourned the trial of publisher of Sahara Reporters and convener of ‘Revolution Now’, Omoyele Sowore,

The Upper Chamber waded into the matter on Thursday during plenary following a point of order raised by Senator Opeyemi Bamidele (Ekiti Central).

Standing on Section 43 of the Senate Standing Orders, Opeyemi said the reported invasion of the court room is an issue that raised a lot of concerns in different quarters in Nigeria.

“It is one issue that has raised a lot of concern in different quarters in Nigeria.

“The leadership and members of the judiciary are particularly concerned about this development. Because they believe like the rest of us do, that the courtroom is meant to be a sanctuary but for us a Senate, we cannot begin to take a position or analyze the issues based on conclusion without facts that we consider incontrovertible.

“Much as we cannot jump into conclusion, also is the fact that we cannot pretend not to know that Nigerians are concerned about this development.

“Mr. President, the reason I came under 43 is so that I will not generate any controversy or even make the Senate debate over an issue like I said earlier, we still need to have facts and evidence.

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“As elected representatives of the people in whom Nigerians and including the Judiciary must find their voice, that we mandate our committee on National Security and Intelligence to interface with the security agencies to investigate what happened and report back to the Senate”, Opeyemi said.

However, the Senate President, Ahmad Lawan, in his ruling said: “Distinguished colleagues, you know Order 43 does not allow for any debate and since this is a matter that affects the Judiciary, we rather mandate to your committee to find out what happened. So I would suggest that our committee on judiciary investigates, finds out what actually happened and then report back to us in one week.”

The Committee on Judiciary, Human Rights and Legal Matters which is chaired by Senator Opeyemi Bamidele, is expected to turn in its report by next week Thursday.

Meanwhile, the Body of Senior Advocates of Nigeria has called on the Federal Government to set up an independent Commission of enquiry under the law to investigate the invasion of the Federal High Court room on December 6.

Chief Thompson Okpoko (SAN) made the call on behalf of the Chairman of Body of Senior Advocates of Nigeria Chief Richard Akinjide (SAN), at the valedictory session of the Supreme Court in honour of Justice Kumai Bayang Aka’ahs who retired from the bench on Thursday.

While joining the Nigerian Bar Association (NBA) in condemning the invasion by yet-to-be identified persons, Body of Senior Advocate of Nigeria (BSAN) noted that only an Independent Commission of Enquiry can fish out the perpetrators of the acts and their sponsors through a public hearing.

Okpoko (SAN) said that the respect honour and dignity which the judiciary enjoyed in the past have been gradually taken away.

“Our immediate concern is the recent incidence of the alleged invasion of courtroom while the court was in session for an alleged purpose of effecting the arrest of Sowore.

“Treasonable felony is a grave crime in the statute book but there is nothing special about it. Chief Obafemi Awolowo and others were once charged and tried for it. So, Sowore is not the first to be so accused. He will certainly have his day in court.

“The troubling aspect of the incident is the audacity with which some of the actors entered the courtroom. They thus exposed our hallmark of indiscipline to the whole world in a matter of seconds.

“Sowore and his counsel were emphatic that those who carried out the operation were officers of the DSS. The evidence so far, is that they wore vests with the inscription, “DSS”. Denial had come from the DSS saying that its officers were not the ones that operated in the courtroom.

“They submitted that the whole incident was “orchestrated” by some interest groups. Whoever did so, our country now stands out as an indiscipline country where such bizarre operation takes place in the courtroom and in court that was in session.

“This is the picture of the state of affairs of our country and the judiciary which honourable Kumai Bayang Aka’ahs is leaving behind.

“As I speak, no one has owned up to be responsible for what everyone saw on the television screen. The question is now, how can we curb that kind of behavior in the future? The NBA has come up with statement from the Bar condemning the action. As members of the NBA, the Body of Senior Advocates of Nigeria associate itself with the condemnation of the show of shame.

“It will however, go one step further to suggest that this matter should not be swept under the expanding carpet of deceit in Nigeria. The pertinent question is who was responsible for the action in the courtroom?

“This is a task that the government must carry out to ascertain the truth. The Nigeria Police is a sister agency to DSS, they cannot therefore investigate this matter, so also the Nigerian Army, Nigerian Custom and other paramilitary forces in the country. The National Assembly is not sufficiently equipped to investigate the matter.

“The way out is an Independent Commission of Enquiry under the law. This can be achieved. The Body of Senior Advocates of Nigeria hereby demands that Mr. President considers without delay, the setting up of a Judicial Commission of Enquiry to hear publicly and determine the perpetrators of the acts, their sponsors and their objectives. Unless this is done, Nigerians are unlikely to be convinced by any other explanations that the act was not the work of the DSS.

“It is result of any such Judiciary enquiry that will lead to the re-establishment of discipline in the society. The DSS and its officers are not above the laws of the land and the constitution. In Nigerian law and in the common law, the superior orders is no defence to a criminal conduct. It has never been and this administration must not allow it to be.”

“Let us not expose our flank by such show of shame and provide justification for those who may not wish us well. My Lords, a Commission of inquiry into the matter is of necessity. I trust that those in authority will hear our voice. Let no one by his action or inaction expose Nigeria to danger. Let us all, the Government and the citizens treat the Judiciary and its judiciary officers with respect and dignity. Nigeria needs our judicial officers of honour more than ever before.”

While lamenting the way and manner the judiciary is been treated by other arms of government, BSAN recalled that in the days before the Military Coup in the 1966, “the judiciary was accorded the highest recognition and honour in Nigeria. Judges were well respected and held high in all circles of the society.

“Their orders were respected and obeyed by everyone including the Colonial government at all levels. There were clear signs of a disciplined society where the rule of law flourished to a great extent, and the rights of citizens were respected and upheld.

“The society today is one where indiscipline has taken firm root such that judgments and orders of court are now treated with disdain. The measure of value in our country has changed. Name, honour and good reputation no longer counts. As such what counts nowadays is wealth and political power no matter how procured in the society of today. The honour and dignity of judicial officers is relegated to the background.”

He lamented that “desperate politicians are mounting roadblocks on the path of the rule of law and “are doing all within their power to replace the rule of law with their own rule of their own selfish interest.”

While noting that the 1999 constitution recognised the judiciary as the third arm of government to which judicial powers of the nation is vested to, Okpoko stated that “a country that does not respect its judiciary cannot qualify as a democratic country.”

“It has been clearly stated by our predecessors in the profession of law that the judiciary is undoubtedly the weakest of the three arms of government under the constitution. It has no arms or weapons and controls no force and does not hold the key to the nation’s treasury. Save for the interpretation of the statutes made by the Legislature, the Judiciary plays no part in enactment of laws.

“By the constitutional arrangement of the country, the only power left to the judiciary is to decide matters in issue and make appropriate orders. Limited in its powers, the Judiciary remains the unbreakable pillar of the nation. The Judiciary was in place in colonial times and it continued thereafter. When the military intervened, it did not abolish the Judiciary. All they tried to do was try to coerce but it failed”.

Also speaking at the ceremony, the Nigerian Bar Association (NBA) expressed worry over the persistent disobedience and flouting of court orders.

President of the association, Paul Usoro (SAN), warned that if the trend is not addressed, it would lead to anarchy.

“We desecrate the temple of Justice when we blatantly flout and disobey the orders of courts. A court that is made to be helpless in the face of flagrant disobedience of its orders is as useful to society as a toothless bulldog is to owner. No one fears a bulldog that is known to be toothless; it has no capacity even if it has the will, to keep away a marauding army or a band of Invaders.

“That is the picture of our courts we paint and broadcast, both within and to the outside world, when we brazenly flout and disobey court orders. In the process, we disrobe the court and make a mockery of its toga as the last hope of the common man or of any man at all.

“We thereby enthrone anarchy and promote the practice of self-help and the doctrine of might and brute force being always right. That slide into the abyss of anarchy and disorder must be arrested immediately and before it is too late. Our governments must take the lead in that regard. They must be exemplary in obeying and complying with court orders.

“Beyond appealing to the good conscience and sense of responsibility of litigants and Nigerian principalities generally, we urge the courts to demonstrate that they are not toothless in sanctioning persons who flagrantly disobey and flout court orders.

“Our courts are not entirely helpless in this regard; they are remedies in our Rules and statutes. Such persons, for example, must not have continued audience before the courts that they so flagrantly denigrate. They need to be denied audience before any and all courts during the pendency of their contemptuous conduct.

“They need to know that disobedience of court orders can be and is costly. This requires the collaboration and cooperation of all courts in the land led by our apex court and My Lord, the Chief Justice of Nigeria. We must collectively promote and protect the rule of law by ensuring obedience and compliance with court orders.”

Earlier, the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, described Justice Aka’ahs as “a rare gem; an unblemished specimen of humility and piety, adding that his proficiency in the dispensation of justice, which is firmly rooted in his mastery of law, stands him out as a man of dignity and distinction.”

According to the CJN, “In everything he does, he endeavours to leave a mark that hoists the banner of integrity and honesty. He has diligently offered 44 years of his life in service to his fatherland. By virtue of the lofty successes he has achieved, his name has spontaneously been etched in gold and deservedly occupied an enviable place in the hall of fame of the Nigerian judiciary.”

In his speech, the Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami (SAN), extolled the virtues of Justice Aka’ahs as an erudite and eminent jurist per excellence.

The AGF, who was represented by the event by the Permanent Secretary and Solicitor-General of the Federation, Dayo Apata (SAN), noted that Justice Aka’ahs “prowess as an erudite jurist could be seen from his outstanding curriculum Vitae, as a distinguished fellow in all ramifications, both at the Bar and at the Bench.”