The president of Nigerian Bar Association, NBA, Olumide Akpata has again condemned the federal government for ordering the invasion of the house of Supreme Court Justice Mary Odili in Abuja last week.
Akpata at a special press briefing in Lagos on Friday, described the operation as egregious and the gathering of an ominous cloud over the judiciary.
He also said that the Attorney General of the Federation and Minister of Justice, Abubakar Malami may lose his SAN title if he is found culpable in the raid of the Supreme Court Justice.
The president further compared the act to Department of State Service, DSS, operatives’ raid on homes of seven judges in 2016 and former Chief Justice of Nigeria, Justice Walter Onnoghen’s illegal removal from office.
“Let me categorically restate that the NBA is thoroughly dissatisfied with the denials emanating from the relevant government agencies and departments and we have vowed to leave no stone unturned in our bid to unmask all those behind this attack and to bring to justice anyone found culpable, no matter how highly placed. If all the relevant government agencies deny authorising the raid on the premises of a Justice of the Supreme Court, then who authorized the operation? Who took the decision to approach the magistrate for the search warrant? What if the team had succeeded and any form of harm had befallen His Lordship? Who would have taken responsibility?
“Today it is the residence of Peter-Odili, JSC, who will be the subject of such raid tomorrow? What of potential impact of this raid on the morale and psyche of other judicial officers? Are they truly expected to dispense justice without fear or favour under this dark cloud? Can they go to bed in peace without the fear of being visited by rogue security operatives?
“The answers to all these questions are suggestive of the inference that the residence of the second most senior judicial officer in Nigeria was raided by rogue security agencies who acted without authorisation, and for us, the grave implications of this possibility leave a lot to be desired. It is for this and other reasons that I have appointed the Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani to serve as the NBA’s Special Investigator to inter-alia unmask those behind the attack on Justice Odili’s home and to ensure that these individuals are made to face the Law,” Akpata said.
According to him, the Inspector-General of Police, IGP, Usman Baba has launched an investigation on the issue. He said NBA will ensure that those involved are made to face the full wrath of the law adding that NBA will also discipline any of its members found to be involved.
The NBA also called on President Muhammadu Buhari to set up an independent panel of inquiry to fish out those behind the raid.
He said the panel would investigate the Attorney-General of the Federation, AGF, Abubakar Malami since he has pledged to avail himself for investigation.
“The NBA notes that the Inspector General of Police, Usman Baba has ordered a detailed investigation into the invasion and has pledged that the perpetrators would be made to face the wrath of the law. The NBA is determined to ensure that this truly happens. We also understand that some of the officers involved have reportedly been arrested. For us, this is not enough. We therefore demand that the veil of secrecy behind which those who directed the said officers are hiding must be torn to shreds for them all to also be brought to justice. There should be no sacred cows. The position of the NBA is that public officers must be made to account for whatever they do with their entrusted powers and where there is any appearance of executive lawlessness the NBA will respond with dispatch to demand for justice. It is for this reason that we are calling on President Muhammadu Buhari to immediately set up an independent Panel of Inquiry to fish out all those that are behind this dastardly act.
“It is to be noted that the NBA will also call out and discipline any of our members who is found to have been part of this despicable attempt to ridicule the Judiciary.
“We note that the Attorney-General of the Federation, Mr. Abubakar Malami, SAN has reportedly agreed to make himself available for investigation. This is consistent with the position taken by the NBA National Executive Council that the Attorney-General of the Federation definitely has some questions to answer. However, in order not to breach the rule of natural justice, especially the rule against being a judge in one’s own cause, we would be insisting that the Attorney General of the Federation is investigated by the above-mentioned independent Panel of Inquiry.
“The NBA National Executive Council also decided to beam its searchlight on magistrate Emmanuel A. Iyanna who issued the said search warrant. For the record, we are not satisfied with the volte-face by His Worship, and we believe that it is not enough for His Worship to turn around and suo motu revoke the search warrant in the middle of the night. Questions must be asked of the quality and sufficiency of the materials placed before His Worship before issuing the search warrant in the first place. The NBA National Executive Council believes that even on a cursory reading of the materials placed before His Worship, there is a prima facie evidence that the search warrant ought not to have been issued in the circumstance. This for us also raises critical questions regarding the quality of justice that is meted out to the rest of the Nigerian citizenry, especially those who are not so highly placed. Consequently, the NBA National Executive Council has resolved to initiate a formal petition for misconduct against the Magistrate to the FCT Judicial Service Committee to serve as a deterrent to others,” Akpata further said.
Responding to a journalist’s question as to whether the NBA has powers to discipline the AGF, Akpata said the Legal Practitioners Disciplinary Committee, LPDC, and Legal Practitioners Privileges Committee, LPPC, have such powers.
According to him, the committees can bar Malami from practicing as a lawyer and can strip him of his SAN rank if found guilty.
“There is a mechanism, and that is for us to bring him before the LPDC and what does the LPDC do? What is the ultimate sanction, amongst others? He can be stopped from practising law. What does the LPPC do, amongst others? The LPPC can strip him of the rank of Senior Advocate of Nigeria and also the Body of Benchers can reconsider his life membership of that body. So, without mincing words, those are the steps that the NBA can take,” he said.
