NJC, Pindiga and Wike’s election

THE avalanche of criticism  that is still trailing the recent raids on the official residences of some judges and their arrest by the Department of State Services (DSS) has left a divided country with raw anger and resentment. Indeed, no harsh words have been spared to describe the draconian manner in which the security operatives raided the homes of these judicial officers, among them two justices of the Supreme Court, Justices Sylvester Ngwuta and Inyang Okoro. Only common criminals deserved such a humiliating treatment.
The handful of people who supported the action of the DSS on the grounds that nobody is above the law(including the judges and I agree), have hit hard at governor Nyesom Wilke of Rivers for alleged “obstruction of justice” in the failed attempt by the DSS to arrest Hon. Justice Muhammad Liman of the Federal High Court, Port Harcourt, Division.
Looking back now, Wike may have been vindicated for preventing the miscarriage of justice,because injustice meted out to one person could be injustice to the rest of the society. For one thing, the detailed account by the National Judicial Council (NJC) in respect to the ugly incident, and the accusations levelled against each of the judges,including the still contentious 2015 Rivers state governorship election won by Wike and the alleged bribery against Justice Muazu Pindiga, of the Federal High Court, Gombe, Division, will help a better understanding of what took place. That should exonerate Justice Pindiga and further affirm the Supreme Court judgment that Wike won that election fair and square, no “wuru wuru”, no “mago mago “.
It’s instructive to highlight the press statement by the NJC after its meeting in Abuja. According to Mr. Soji Oye, acting Director (Information), NJC, the DSS  did petition the Chief Justice of Nigeria and Chairman of NJC, alleging “corrupt practices” against Justice Pindiga. In that petition, the DSS had alleged that Justice Pindiga in a “bid to illegally enrich himself, perfected plans through third party proxies/conduits ,with a view to influencing the outcome of the Election Tribunal in the Rivers state governorship polls in favour of the incumbent Governor, Nyesom Wilke.
In the petition, DSS further  claimed that in its own “discreet investigation”, it observed that Justice Pindiga illegally enriched himself through “corrupt means”. It listed some of the “illegitimate proceeds suspected to have accrued to Pindiga to include: two completed six blocks units 2 bedroom flats in federal low cost estate in Gombe metropolis, an uncompleted property at Government Reservation Area of Gombe, a Mercedes Benz C300 car, a Toyota Benz model SUV. Altogether, the security agency concluded that Justice Pindiga is corrupt, and therefore, “his continuous stay as a Justice in any capacity would likely embarrass” the Buhari administration and “pervert the course of justice”. Accordingly,it advised that necessary administrative and judicial measures be taken against Pindiga, including “appropriate sanctions and trial to set a precedent to others of his like”.
NJC said though the DSS petition was not supported by a verifying affidavit deposed to, in accordance with its disciplinary regulations, and would have disregarded it for non-compliance. However, it said it notified  DSS , and it later complied with a deposing affidavit. According to the NJC statement, Pindiga duly responded to all the allegations levelled against him. He reportedly presented witnesses and a counsel, Mr. Joe Agi, SAN before the panel set up  to hear the matter, while the DSS was represented by another senior lawyer, S.U. Gambo.
This is NJC verdict: ”At the end of investigation, DSS could not substantiate any of the allegations of corrupt practices, either documentary or oral evidence against Hon. Justice Pindiga”. Consequently, NJC at its meeting, July 15,2016, exonerated Pindiga from all the allegations against him.  The letter from NJC absolving Pindiga of the allegations was dated August 9,2016. The DSS was copied, says NJC spokesman.
All of this is contrary to what the DSS told the Nigerian public to defend its action ,in respect to the arrest of Pindiga and his other “learned brothers”.  One of the questions to ask is : was there an ulterior motive in the arrest of Justice Pindiga, in spite of the ‘no guilty’ verdict from the NJC?     What happens if government makes good its threat and arraign the judges,including Justice Pindiga  in total disregard to the decision of the NJC? That will be too bad . Or, could the arrest of some of the judges,in particular, Justice Pindiga, be part of a grand design in the desperate search for a smoking gun against Wike? I don’t know. But, Wike, it will be recalled, has repeatedly alleged that there is an orchestrated plot to declare a state of emergency in Rivers state.
The PDP in Rivers state has also claimed that, indeed, such plot exists. But the party has not provided any concrete evidence to support such claims, even though it maintains that the enemies of the state are leaving no stone unturned to discredit Wike. Last month, Wike, alongside governor Ifeanyi Okowa of Delta state, were  accused of trying to recruit militants to Edo state during the governorship elections there, an allegation they strongly denied.
However, I don’t want to believe that the DSS would want to destabilise an elected government in Rivers state. But some people have cautioned me not to vouch for the security agency.  But I insist that the profound negative consequences of any attempt to impose a state of emergency in Rivers state outweigh whatever selfish gains anybody or group opposed to Wike’s administration will derive from such wicked act.
I am inclined to believe that Nigeria has not reached that disturbing level of a Weimar Republic where there is a flagrant disregard for constitutional governance and civil liberties of individuals. But we might get there if things continue this way.  Let’s make this point clear: President Buhari’s war against graft is laudable. He needs our support. No doubt, some judges have compromised their positions, hence cash-for-justice has become a cliche to describe the rot in our judiciary. But decency and observance of the rule of law are just two of the things that make democracy the preferred choice of government .