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- VIDEO: Ike-God (Ikechukwu) – Za’m Oku
- MUSIC: Sisquare – Agamabu (Prod. Mbeatz)
- Marcus Rashford : Zlatan Ibrahimovic Is A Winner
- Sime Vrsaljko Happy At Atletico Madrid
- “Ronaldo Must Reinvent” Says Rob Palmer
- Philippe Coutinho Backs Gabriel Jesus To Excel In The EPL
- England To Offer Roberto Mancini Managerial Job
- Drake Cancels Summer Sixteen Tour
- PHOTOS: Yomi Casual Fashion Party & Shirt Collection Unveiling
- PHOTOS: Official Launch Of MyShayo.Com Online Store
- In Ogun: Governor Amosun Inaugurates 57 LG Chairmen
- SSS Releases All Detained Judges On Self Recognition
- MUSIC: Dammy Krane x Davido x Shatta Wale – Gbetiti
- PHOTO: Madame Tussauds Unveils Shirtless Justin Bieber Figure
- 38 Repentant Sex Workers Baptized In Port-Harcourt
- Introducing #TheWave Radio Show with Sika Osei and VJ Adams
- Must Read: ClassiQ – Apology to Rahama Sadau | Letter to the Public
- VIDEO: L.A.X – Awon Da
- MUSIC: Mi Casa – Get Through This ft. Yemi Alade (Prod. by Maleek Berry)
- “Crackdown” On Judicial Officers – Separating The Law From Sentiments
| VIDEO: Ike-God (Ikechukwu) – Za’m Oku Posted: 10 Oct 2016 11:03 PM PDT After a long hiatus, Nigerian rapper, Ikechukwu (Ike-God) decided to break the silence with a comeback tune dubbed "Za'm Oku". Well, here is the official video to the track which was produced with embellished sounds from the eastern part of Nigeria. Watch video below! The post VIDEO: Ike-God (Ikechukwu) – Za'm Oku appeared first on 360Nobs.com. |
| MUSIC: Sisquare – Agamabu (Prod. Mbeatz) Posted: 10 Oct 2016 10:56 PM PDT Rising act Sisquare returns with an infectious song which he talks about haters, who keep hating on Peoples success, He titled this new song ‘Agaamabu’. Produced by Mbeatz. He previously released a hit song ‘Brakatumba’, which gained him more stand and street fame! Sisquare promises more good materials soon to come and also a visuals to Agamabu. Listen below and share. Enjoy!Note: There is a file embedded within this post, please visit this post to download the file. The post MUSIC: Sisquare – Agamabu (Prod. Mbeatz) appeared first on 360Nobs.com. This posting includes an audio/video/photo media file: Download Now |
| Marcus Rashford : Zlatan Ibrahimovic Is A Winner Posted: 10 Oct 2016 10:17 PM PDT Marcus Rashford believes Manchester United’s young players can learn a lot from Zlatan Ibrahimovic’s winning mentality. “It has been amazing,” said the young striker. “We’ve got a lot of world-class players in the team, especially in the forwards like Zlatan and Wayne. For the young lads, we can’t ask for anything better. “The likes of me, Anthony and Jesse – watching these forwards play and how they train, their mentality, is so important. “You can’t ask for more. Zlatan is very easy to speak to and he’s easy to get along with. The way he approaches every game is about winning.” “He wants to win, regardless of the opponent, whether we are home or away, whatever the odds, he always wants to find a way to win. “That mentality is what you need to be at the top level. That is where he is and where he has been for years.”
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| Sime Vrsaljko Happy At Atletico Madrid Posted: 10 Oct 2016 10:13 PM PDT Arsenal and Man City target Sime Vrsaljko insists he has no intention of leaving Atletico Madrid, despite a miserable start to life in Spain. The Croatia international has started both of his country’s World Cup qualifiers over the past week – victories against Kosovo and Finland – but has made just one appearance for Atletico since moving to the Vicente Calderon in July for a reported €16million. The full-back is seen as the long-term replacement for veteran Juanfran and Vrsaljko has no intention of rocking the boat so early in his Atletico career. The Premier League duo were linked to the Croatian during the transfer window before he eventually chose the La Liga club, but has made just one league appearance and is already being talked about for a move elsewhere in January. “I’m not thinking of leaving Atletico,” he told El Mundo Deportivo. “I do not want to talk too much about my situation, of course I want to play more, but things are the way they are. It depends on me working hard and showing the coach what I’m worth. The post Sime Vrsaljko Happy At Atletico Madrid appeared first on 360Nobs.com. |
| “Ronaldo Must Reinvent” Says Rob Palmer Posted: 10 Oct 2016 10:05 PM PDT Cristiano Ronaldo must reinvent himself if he wants to prolong his Real Madrid career, according to Sky Sports commentator Rob Palmer. “Ronaldo turns 32 in February and he is now at the veteran stage of his career, but the problem is he has not quite accepted that now,” he told this week’s La Liga Weekly podcast. “He still thinks he is a young man and he parades himself round the field and that does not help him. “When he gets to the point where he accepts that he is no longer the great Cristiano Ronaldo when he was 27, 28 and scoring 55 goals a season and has to slightly reinvent himself, like Lionel Messi is having to do at the moment, then he will maybe become more acceptable to the general public. “You would have to say though that as a manager, he would be your problem in the changing room because you would still want to get the best out of him, massage his ego and you would want Cristiano Ronaldo in your team. “But I thought it was great management by Zinedine Zidane the other week to bring him off as he was not being effective in that game.
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| Philippe Coutinho Backs Gabriel Jesus To Excel In The EPL Posted: 10 Oct 2016 09:47 PM PDT Philippe Coutinho has backed incoming Manchester City winger Gabriel Jesus to thrive in the Premier League. “Gabriel is a superb player, he won’t have any difficulty to adapt to England," the Liverpool man said after Brazil’s 5-0 win over Bolivia. “He is physically strong and very agile. He has all the characteristics to succeed in the premier league. Jesus is a crack, he will be a huge hit in English football without any doubt.” Jesus admitted that he has been thinking about taking the leap from Serie A in Brazil – where he heads the goalscoring chart alongside veteran ex-City star Robinho – to the Premier League. And the fact that Fernandinho was recalled to the squad following the sacking of former manager Dunga, has helped him in that regard. "I plan to have the best knowledge possible about Manchester, to facilitate my arrival, so we talk about what is important to me," said the Brazil number nine, who is his country’s joint top scorer with Neymar in qualification with three goals in nine games. "I want to know more about the the club, the city, everything. I know it will be a shock to me moving there, but Fernandinho is a friend and teammate."
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| England To Offer Roberto Mancini Managerial Job Posted: 10 Oct 2016 09:42 PM PDT The Football Association are set to offer Roberto Mancini the England job until 2018, according to Quotidiano Sportivo. The 51-year-old former Manchester City manager is out of work after leaving Inter Milan by mutual consent in August and has been courted by clubs in China. The Italian won the FA Cup and Premier League in his three-and-a-half seasons in the Premier League with City. The former Manchester City manager, available after leaving Inter Milan this summer, was spotted at Wembley on Saturday for England's World Cup qualifying victory over Malta. The FA were quick to deny his attendance had anything to do with the vacant manager's position, which interim boss Gareth Southgate is currently filling. However, reports in Italy suggest Mancini will be offered the role, worth £3m-a-season, with a decision expected in the coming days.
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| Drake Cancels Summer Sixteen Tour Posted: 10 Oct 2016 08:04 PM PDT An ongoing ankle injury has forced Drake to cancel the remaining stops on his Summer Sixteen tour. He was advised by doctors to cancel the tour stops “to allow him time to recuperate his ankle injury,” a spokeswoman said. READ: Drake Refuses To Pay Detail's Medical Bills After Bodyguard Beatdown Drake cancels tour after injuryHe had been scheduled to perform at Toronto on Oct. 9, Philadelphia on Oct. 13 and Newark, New Jersey, on Oct. 16. He had originally postponed the concerts, but seems they will not be happening this time. The Views rapper will however be touring Europe next year. He has announced a 26-stop The Boy Meets World Tour, which will run from January to March 2017. Get well, Drizzy!! The post Drake Cancels Summer Sixteen Tour appeared first on 360Nobs.com. |
| PHOTOS: Yomi Casual Fashion Party & Shirt Collection Unveiling Posted: 10 Oct 2016 07:41 PM PDT Yomi Makun a.k.a Yomi Casual launched his first contemporary shirt collection fused in a fashion, cocktail/shopping party. The party held on Sunday, October 9 at his fashion store, 16A Caroline Atuonah Street, Off Bisola Durosinmi Etti Drive, Lekki Phase 1. Lagos. The shirt collection featured shirt pieces for the ever stylish men and women. Pictures from the event were taken by Anazia Richy E.
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| PHOTOS: Official Launch Of MyShayo.Com Online Store Posted: 10 Oct 2016 07:34 PM PDT On Saturday, the 8th of October 2016, Nigeria’s pioneer online drinks and liquor store MyShayo.com officially launched their online store and mobile app. The launch party took place at Oriental Hotel, Lagos with an invite only event with the event featuring various drink brands like Martell, Ciroc, Belvedere, Johnny Walker, Jack Daniels, Glenfiddich e.t.c. The Official DJ for the night was popular Nigerian DJ Spinall. Pictures from the official launch were taken by Anazia Richy E.
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| In Ogun: Governor Amosun Inaugurates 57 LG Chairmen Posted: 10 Oct 2016 03:09 PM PDT Governor Ibikunle Amosun of Ogun state swore in the 57 newly elected local government and local council development areas (LCDAs) chairmen on Monday. The swearing-in ceremony, which was held at the June 12 Cultural Centre in Abeokuta, is coming less than 2 days after the State Independent Electoral Agency conducted elections into the 20 local governments and 36 local council development areas of the state and results announced. The ruling All Progressives Congress (APC) had won all the 57 chairmanship seats and also secured victory in 346 councillorship positions with the Unity Party of Nigeria (UPN) and Peoples Democratic Party (PDP) clinching three councillorship seats. The new council helmsmen, including five women, were administered oath of office and oath of allegiance as chairmen.
During the ceremony, the governor urged the chairmen to replicate the programmes of the state government at their respective areas, even as he promised to fund local administration.
Speaking on behalf of the chairmen, the Chairman of Odogbolu Local Government assured the governor and the people of Ogun of their readiness to serve the people.
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| SSS Releases All Detained Judges On Self Recognition Posted: 10 Oct 2016 02:25 PM PDT The State Security Service (SSS) has released the seven judges, including two justices of the Supreme Court, who were arrested on suspicion of bribery and corruption between Friday and Saturday morning.
Premium Times quoted sources in the agency as saying that all the seven judges were released on self-recognition.
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| MUSIC: Dammy Krane x Davido x Shatta Wale – Gbetiti Posted: 10 Oct 2016 02:04 PM PDT Dammy Krane Join forces once More with the DMW boss Davido and The ladies Man Shatta Wale to deliver another Party Starter tune which he titled "GBETITI". When Dammy Krane, Davido and Shatta Wale join forces, you know it's about to be a pralem! Listen to "GBETITI", a word famously coined by Dammy Krane. The video for "Ladies" by DMW labelmates, Davido and Dammy Krane drops shortly, with official confirmation of the joint-venture. Listen/Download mp3 of "GBETITI" by Dammy Krane x Davido x Shatta Wale – below!Note: There is a file embedded within this post, please visit this post to download the file. The post MUSIC: Dammy Krane x Davido x Shatta Wale – Gbetiti appeared first on 360Nobs.com. This posting includes an audio/video/photo media file: Download Now |
| PHOTO: Madame Tussauds Unveils Shirtless Justin Bieber Figure Posted: 10 Oct 2016 01:17 PM PDT Popular wax figure makers Madame Tussauds have recently unveiled a new Justin Bieber wax work. The new wax figure was unveiled at Madame Tussauds London on Sunday October 9. It has a wet look, mimicking Bieber’s raining Sorry performances. He has closed of his Purpose concerts with a performance of the song under a pool of water. Wax Biebs is shirtless, and flaunts his chiseled abs and tattoos for his fans. His outfit is completed by signature Calvin Klein underwear, baggy shorts and sneakers. READ: MUSIC: Pasha – Cold Water (Major Lazer+ Justin Bieber Refix) Madame Tussauds unveils wet Justin Bieber"The 22-year-old singing sensation's figure is topless, showing a toned torso off to perfection, with Bieber's trademark tattoos also carefully recreated and wearing drop-crotch shorts and tartan long-johns, accompanied by a white bandana," a spokeswoman for Madame Tussauds shared.
Wax Biebs will only be wet for the month of October, but he’ll be on display at the museum until the 3rd of January, 2017.
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| 38 Repentant Sex Workers Baptized In Port-Harcourt Posted: 10 Oct 2016 12:43 PM PDT In Port-Harcourt, Rivers State, on Saturday the 8th of October 2016, about 38 converted sex workers recently underwent water baptism. In a spiritual exercise organized by the Omega Power Ministries, the prostitutes promised not to go back to their old ways as the aim of the exercise was to rehabilitate the women. The new converts were given free clothing, food items, shops stocked with wares and commodities to assist them to begin a new life..
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| Introducing #TheWave Radio Show with Sika Osei and VJ Adams Posted: 10 Oct 2016 12:39 PM PDT Get ready to catch #TheWave!African music is about catch a new wave with media personalities VJ Adams & Sika Osei. Adams is a VJ | Radio Host | Rapper and fashion entrepreneur. Sika Osei is a VJ | Actress and fashion vlogger. Both already well-known for individual shows in the Nigerian media circuit. These super energetic personalities will be hosting the all new & fresh 30mins radio edutainment game show. These two who have almost everything in common career-wise will be taking listeners on a radio ride from Lagos to Accra weekly. Radio stations and broadcast times to be announced soon. Get ready for TheWave. Here are some fun pictures of TheWave hosts -#GetFamiliar!  The post Introducing #TheWave Radio Show with Sika Osei and VJ Adams appeared first on 360Nobs.com. |
| Must Read: ClassiQ – Apology to Rahama Sadau | Letter to the Public Posted: 10 Oct 2016 11:03 AM PDT Apology to Rahama Sadau:Following the release of my latest single "I Love You" featuring Avala, as well as its official video, with a cameo from the very talented Rahama Sadau, it has come to my attention that the video has been met with strong criticism from certain quarters. As much as I believe in the art that I call music, I am also sensitive to some cultural perception towards the professional challenges that we all face. To this end, and further to my private apologies, I would like to make an unreserved public apology to Rahama Sadau for the consequences she is facing for appearing in my video. I would also like to apologize to the fans and audience of my music who have been offended by the content of my music. I assure you that no offence or disrespect was intended; just the creation of beautiful music and a video portrayal of my art. Rahama, you are a supremely talented and hardworking young lady, who is excelling in your industry and pushing boundaries. You remain a role model; we stand with you. Thank you for taking the time out to work with me. Yours truly, ClassiQ. A Message from ClassiQ: Letter to the Public |
| Posted: 10 Oct 2016 10:42 AM PDT Rasaki Records/Starboy act, L.A.X releases the visuals to his latest buzz single "Awon Da" Which was produced by Dwill. "Awon Da" is the new wave which has slowly been taking over the radio chart, and is becoming the new street anthem. L.A.X has surely had a good 2016. L.A.X promises more hits and amazing collaborations soon to come. The Dwill produced song counts as L.A.X biggest hit among others. check the crispy visuals below and share your views. Watch "Awon Da" Video by L.A.X Below!The post VIDEO: L.A.X – Awon Da appeared first on 360Nobs.com. |
| MUSIC: Mi Casa – Get Through This ft. Yemi Alade (Prod. by Maleek Berry) Posted: 10 Oct 2016 08:04 AM PDT South African super band – Mi Casa; teams up with the self-acclaimed Mama Africa “Yemi Alade”, for their new single titled Get Through This. Produced by Maleek Berry, Get Through This encourages love birds to hold-on to love even in trying times. With soothing African vibes, and annotatable lyrics, “Get Through This” is sure to keep any listener wanting more of the awesomeness Mi Casa and Yemi Alade can offer. Download and listen to mp3 of Get Through This (feat. Yemi Alade) by Mi Casa belowNote: There is a file embedded within this post, please visit this post to download the file.Both acts are nominated for “MAMA” – 'Mi Casa' for Best Group whilst Yemi Alade’s 'Best Female Artist'. Vote for "Mi Casa" by tweeting #MAMAvote #Micasa #BestGroup @MiCasaMusic or click HERE Vote for "Yemi Alade" by clicking HERE
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| “Crackdown” On Judicial Officers – Separating The Law From Sentiments Posted: 10 Oct 2016 07:40 AM PDT "Crackdown" On Judicial Officers – Separating The Law From Sentiments, By Inibehe Effiong The State Security Services (SSS) embarked on an unprecedented "crackdown" on allegedly corrupt judicial officers across the country over the weekend. Among the judicial officers whose houses were searched and thereafter arrested and detained are two Justices of the Supreme Court of Nigeria; Justices Sylvester Ngwuta and Inyang Okoro.
As expected, the action has polarised lawyers, commentators, the media, civil society and the public. Differing views have been expressed on the constitutionality or otherwise of the steps and procedures adopted by the SSS. Sadly, the public has been deprived of opinions that are rooted in law owing largely to the belligerent and sentimental posturing and aggressive grandstanding that has impaired commentaries on the issues in controversy. My task in this essay is simply to offer a legal opinion on the four following issues: First, are judicial officers in Nigeria immune from the criminal justice system?; Second, is it mandatory for security agencies to seek the consent/intervention of the National Judicial Council (NJC) before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?; Three, did the SSS act within its statutory powers and acceptable legal procedures? Four, is the evidence obtained illegally admissible in law? The above questions or issues are in my considered view the cruxes of the matter. Resolution of the issues: First, are judicial officers in Nigeria immune from the criminal justice system? The only constitutional provision relating to immunity from civil and criminal proceedings and prosseses for certain public office holders in Nigeria is Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as the Constitution). Based on that provision, only the President, the Vice President, Governors and Deputy Governors are shielded from civil and criminal proceedings and processes in limited circumstances. It is an elementary rule of interpretation that the express mention of one person or thing is the exclusion of another. The maxim is expressio unius personae vel, est exclusio alterius. In the case of Ehuwa v. O.S.I.E.C. (2006) 10 NWLR (Pt.1012) 544, the Supreme Court stated the position thus: "It is now firmly established that in the construction of a Statutory provision, where a statute mentions specific things or persons, the intention is that those not mentioned are not intended to be included…" Per OGBUAGU, JSC. The implication is that every person, apart from the four public officers expressly mentioned in Section 308 of the Constitution, is subject to investigation, arrest, detention and prosecution. Judicial officers from the Chief Justice of Nigeria (CJN) to High Court Judges do not enjoy any special protection from criminal proceedings and processes. Immunity cannot be inferred, it must be specifically granted.
Those suggesting that judicial officers in Nigeria are entitled to special protection or immunity should be kind enough to cite the enabling constitutional or statutory provision that supports their position. The truth is that there is none. Second, is it mandatory for security agencies to seek the consent/intervention of the NJC before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes? The NJC is one of the institutions established by Section 153 of the Constitution. The power of the Council is provided for in Paragraph 21 of the Third Schedule to the Constitution. The NJC is empowered inter alia, to recommend the removal from office of judicial officers and exercise disciplinary control over them. By virtue of Section 158 (1) of the Constitution, the NJC is guaranteed constitutional independence and is not subject to the control of any other authority or person when exercising its disciplinary control. There is no dispute on the disciplinary control of the NJC over judicial officers. What is disputed by some legal commentators is the extent of the disciplinary control. Is it correct to aver that no criminal proceedings or action can be initiated or taken against a judicial officer except on the invitation/directive of the NJC? At the risk of repetition, where a judicial officer is alleged to have committed a crime, is it mandatory for law enforcement agencies to go through the disciplinary instrumentality of the NJC before taking actions against the erring judicial officer? There is nothing in the provisions of Paragraph 21 of the Third Schedule to the Constitution that precludes law enforcement agencies from investigating, arresting, detaining or prosecuting a judicial officer in Nigeria for alleged corrupt practices or for other sundry offences. It is my view that a contrary interpretation will have the inescapable effect of conferring an extra-constitutional immunity on judicial officers. In rule seven (7) of the famous twelve (12) point rule of constitutional interpretation propounded by OBASEKI, JSC in the celebrated case of Attorney-General of Bendel State vs Attorney-General of the Federation (1981) 10 SC. 1; (1981) 1 FNLR 179, the Supreme Court declared thus: "A constitutional provision should not be construed in such a way as to defeat its evident purpose." The purpose of Section 308 of the Constitution as evidently enshrined therein is to protect ONLY the President, Vice President, Governors and Deputy Governors from arrest, detention and prosecution. I submit that any construction on the disciplinary power of the NJC that tends to shield judicial officers from arrest, detention and prosecution will automatically defeat the purpose of Section 308 of the Constitution. It is my humble view that where the wrongful act of a judicial officer is merely a misconduct and nothing more, the NJC is vested with the power to recommend such offending judicial officer for removal from office and exercise disciplinary control over him. The NJC's independence from control guaranteed and envisaged by Section 158 of the Constitution does not, and cannot be construed to mean totality or absoluteness of control over judicial officers where the misconduct complained of also constitutes a crime. Before concluding on this point, there is a widely propagated misconception that needs to be corrected. It has been argued by some persons that the procedure on how erring judges should be dealt with requires that even when a judge is found or alleged to have committed a crime, a petition must first be written to the NJC and that the petitioner and the law enforcement agencies like the police, the EFCC, the SSS and others must patiently wait for the determination of the petition by the NJC before activating the criminal process. With respect, that cannot be the correct position. Ostensibly, this misconception stems from a misunderstanding of the relationship between the constitutional procedure for removal of judicial officers and the liability of judges for criminal offences committed by them. The procedure for removal of judicial officers in Nigeria is as contained in Section 292 of the Constitution. In brevity, the provision is to the effect that the NJC may recommend to the President or Governor, as the case may be, the removal from office of erring judicial officers for inability to perform the functions of their office due to infirmity (whether of the body or mind) or misconduct or contravention of the Code of Conduct. Note that the NJC only recommends, it does not and cannot remove any judicial officer solely on its own. There is nothing in Section 292 of the Constitution that makes the removal of an erring judicial officer a condition precedent to his investigation, arrest, detention and prosecution by law enforcement agencies. No law enforcement agency can usurp the disciplinary powers of the NJC by recommending a judge for removal or suspending a judge or exercising other form of disciplinary control over a judicial officer. Likewise the NJC cannot and should not usurp the constitutional cum statutory functions of the law enforcement agencies to investigate crimes, arrest, detain or prosecute any person, including judicial officers, for alleged crimes. Both causes of action can either run concurrently or separately depending on the circumstances of each case. Where for example a judicial officer is accused of corruption, which is both an act of professional misconduct and a crime, the aggrieved party and or law enforcement agency may elect to petition the NJC for the removal of the judicial officer from office or proceed directly to subject the erring judicial officer to the criminal justice system or pursue both causes of action at the same time. The NJC is not a court of law under Section 6 of the Constitution and has no supervisory jurisdiction over law enforcement agencies. Third, did the SSS act within its statutory power and acceptable procedure? The SSS is a creation of the National Security Agencies Act of 1986. The power of the SSS as stipulated in Section 3 of the Act is as follows: (3) The State Security Service shall be charged with responsibility for-
Going by the provisions of paragraphs (a) and (b) supra, it is apparent that the SSS stricto sensu (in the strict sense) has no power to arrest judicial officers for alleged economic and financial crimes. However, a dispassionate attention should be paid to the wordings and purport of paragraph (c) above. Clearly, that provision (paragraph C) gives the President the power to enlarge the scope of responsibilities of the SSS relating to the internal security within Nigeria. Section 6 of the Act goes further to empower the President to issue an Instrument, a subsidiary legislation, on the manner the SSS should exercise its powers, etc. In exercise of the power in Sections 3 and 6 of the National Security Agencies Act 1986, former Head of State, General Abdusalam Abubakar in 1999 promulgated the State Security Service Instrument One of 1999. By virtue of that Instrument, the responsibilities of the SSS was extended to include the prevention, detection and investigation of economic crimes of national security dimension, among other things. It is important to emphasise that the National Security Agencies Act has a special constitutional flavour, being one of the four federal enactments listed in Section 315 (5) of the Constitution. The consequence is that it cannot be altered like ordinary Acts of the National Assembly. It has the same alteration procedure like the Constitution as laid down in Section 9 (2) of the Constitution. According to the SSS, the affected judicial officers were arrested on the basis of allegations of corrupt practices and professional misconduct. The SSS, in a statement, said that raw cash of different denominations, in both local and foreign currencies, asset worth millions of naira and documents affirming "unholy acts of these Judges" have been uncovered through a sting operation. The summary of cash allegedly recovered during the "raids" conducted in the homes of the Judges was given as follows: naira – N93,558,000.00; dollars – $530,087; pounds – £25,970 and euro – €5,680. The question is, does the grave allegations levelled against the Judges and the alleged offences committed by them constitute "economic crimes of national security dimension" to bring same within the purview of the additional powers of the SSS pursuant to Instrument One of 1999? It is advisable for us to examine the role of judicial officers in nation building. A corrupt judge is not only a threat to justice and the rule of law but to the society and the nation. Judges are by their calling empowered to make binding decisions on behalf of the rest of the society. When judgments are obtained fraudulently, the society and the nation are endangered. A corrupt judge is more dangerous than a kidnapper or an armed robber. The worst form of corruption is judicial corruption. Though the Economic and Financial Crimes Commission (EFCC) is the specialised and coordinating agency for the detection, prevention and prosecution of economic and financial crimes, economic crimes committed by a judicial officer is far more serious and damaging than those of other categories of persons and there is some wisdom is categorising same as "economic crimes of national security dimension" for which the SSS can act upon. On the manner the searches and arrests were conducted, I concede that the SSS acted in a rather brash and indecorous manner. However, facts are sacred and the law should be separated from sentiments. It is reported that the SSS obtained both search and arrest warrants. What is in dispute is whether the warrants covered all the affected judicial officers and the somewhat "undemocratic" manner they were executed, particularly the time. The relevant principal law on the issuance of a search/arrest warrant is the Administration of Criminal Justice Act 2015 (ACJA). Part 18 of the ACJA is devoted to search warrants, Section 144 thereof allows for the issuance of a search warrant on any house. The warrant may also authorise the officer or other person to arrest the occupier of the house or place where any incriminating item or thing is found during the search. Where this is specified in the search warrant, there would be no need to obtain an arrest warrant separately. By Section 146 of the ACJA, a search warrant shall be under the hand of a Judge, Magistrate or Justice of the Peace issuing it and shall remain in force until it is executed or cancelled by the court which issued it. One important provision under Part 18 of the ACJA that those criticising the SSS should note is Section 148. It states unequivocally thus: "A search warrant may be issued and executed at any time on any day, including a Sunday or Public Holiday." However, under Section 151 of the ACJA, a search warrant cannot be executed outside the jurisdiction of the court or Justice of the Peace issuing it, except with the consent of the court within whose jurisdiction the search is to be made. It is doubtful whether the SSS complied with this requirement before embarking on the search at the houses of some of the judges located outside the Federal Capital Territory, Abuja where the search warrant must have been issued. It has been argued by some lawyers, including some Senior Advocates of Nigeria (SANs) that the ACJA does not apply throughout the federation and that the SSS was bound to follow the provisions of the enabling procedural laws in the States where they executed the search, especially as it pertains to the time of execution of the search warrants. This argument with respect is misleading. Under Section 111 of the repealed Criminal Procedure Act Cap. C41 LFN 2004, the time for executing a search warrant in the South was between the hours of five o'clock in the forenoon and eight o'clock at night of any day of the week, including Sundays but the Magistrate had the power to direct otherwise. The repealed Criminal Procedure (Northern States) Act Cap. C42 LFN 2004, was however silent on the time. Both Acts have now been repealed by Section 493 of the ACJA 2015 and are no longer laws in Nigeria. Section 2 of the ACJA makes the ACJA applicable to criminal trials for offences created by an Act of the National Assembly, like economic and financial crimes, and to other offences punishable in the FCT, it is the ACJA and not the various laws of the States where the "raids" were conducted that governs the procedure adopted by the SSS.
Accordingly, it is misleading for anyone to suggest that the SSS was wrong to have executed the search warrant(s) at night. "Where any building liable to be search is closed, a person residing in or being in charge of the building, thing or place, shall on demand of the police officer or other person executing the search warrant, allow him free and unhindered acess to it and afford all reasonable facilities for its search." By the combined effect of Sections 9, 10, 12, 13 and 149 (2) of the ACJA, the person executing a search warrant and or arrest warrant is empowered to "break open any outer or inner door or window of any house or place" where unhindered acess is denied upon demand. If the SSS had requested for unhindered access into the house of the affected judge and they were denied, the breaking of the door of the judge's house was lawful as expressly stated in the ACJA. Four, is illegally obtained evidence admissible in law? In other words, where evidence is recovered in contravention of the procedure for search of houses and places, will the court admit same? Every lawyer in this country that is worth his salt knows the answer to this question. The answer is YES – illegally obtained evidence is admissible. The Supreme Court held so in unmistakable terms right from 1968 in the case of Musa Sadau & Anor v. The State (1968) NMLR 208. Also in Kuruma V. R. (1955)1 All ER 236 at 239-240, the Privy Council stated, inter alia, thus: "The test to be applied in considering whether evidence is admissible is whether it is relevant to the matters in issue. If it is admissible…..the court is not concerned with how the evidence was obtained". It is an elementary rule of evidence that what determines admissibility is relevance and not how the evidence was procured. See Section 1 of the Evidence Act 2011 and the cases of Torti v. Ukpabi (1984) 1 SCNLR 214 AT 236 – 237 and 239 24O and Lasun v. Awoyemi (2009) 16 NWLR (Pt.1168) 513 at 553. Accordingly, the evidence allegedly recovered from the houses of the judges are admissible in law whether search warrants were obtained or not or properly executed or not. The court will still go ahead to admit the evidence irrespective of protestations against its illegality. This may not sound comforting, but that is the law. By way of concluding remarks, I will like to make some points clear. The Judiciary is a sacred institution that should not be desecrated by any person. However, there is no sacredness in corruption. Judges must at all times be treated with decency and respect befitting of their offices but corrupt judges should be identified and treated like other criminals in the society. Nigeria is blessed with some of the best judicial brains that can be found anywhere in the world, but the nefarious activities of the bad eggs on the Bench should never be tolerated under any guise. Judges are not above the law. Like other public servants, judges in Nigeria are paid in naira, not in dollars, pounds, euros or cedis. Judges are not Bureau De Change operators and are not permitted to engage in business adventures. Therefore, the Nigerain people with whose taxes and resources the Judiciary is funded deserves to know how their Lordships came about the mind-blowing hard currencies found in their homes? The public deserves to know how their Lordships came about the asset allegedly traced to them. Judges who are living above their means should be able to answer some questions from the law enforcement agencies. Instead of threatening the President, the Nigerian Bar Association (NBA) should tell us what they have done about the recent brutal murder of their member in Rivers State, Mr. Ken Atsuwete. Where was the NBA when a High Court Judge was assaulted in open court in Ekiti State by political thugs led by a governor? Why did the NBA not declare a state of emergency on the judiciary when Justice Ayo Isa Salami was humiliated and disgraced out of the Bench by the administration of Goodluck Jonathan despite the NJC's recommendation that he should be reinstated? What has the NBA done to Mr. Ricky Tarfa (SAN) for allegedly bribing judges? Whose interest is the NBA fighting for? Records have shown that judges in other jurisdictions, including the United States have been arrested, prosecuted and jailed for corruption and other criminal conducts. Ghana recently purged its judiciary. If this is the time to uproot the pervasive cancer of corruption in the Nigerian Judiciary it is a welcome development and should be supported. Without checks and balances, the doctrine of separation of powers is useless and unworkable. We cannot have different standards for the rule of law; one for the influential and another for the poor or one for the judges and another for the rest rest us. Inibehe Effiong is a Legal Practitioner and Convener of the Coalition of Human Rights Defenders (COHRD) and can be reached at: inibehe.effiong@gmail.com
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