AGF: Nothing wrong with DSS arrest of judges

AGF: Nothing wrong with DSS arrest of judges

Tuesday, October 11, 2016 11:44 pm




Malam Abubakar Malami, Nigeria’s Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) on Tuesday told journalists that there was nothing wrong in the arrest of some judges by the Department of State Services (DSS).


The Minister said no one is immune to investigation under the Nigerian law and once allegation of criminality was raised, it was the duty of the relevant investigating agencies to carry out investigation.


Malami said:  “The fundamental consideration is whether there is an allegation of the commission of a crime;  whether there is the need for investigation, and whether the relevant provisions of the law and indeed, all circumstances, as provided in the Administration of Criminal Justice Act (ACJA) are put into consideration in our conduct as regard the fight against corruption.


“The bottom line is that we have a responsibility to fight corruption. Corruption is a crime and nobody, regardless of how highly placed, and is exempted as far as issues that border on crimes and criminalities are concerned.


“The limited exceptions as we know constitutionally are the exceptions of immunity. And to the best of my knowledge those exceptions do not apply to investigation.


“For those that are conferred with the immunity, the right to investigate has not been taken away constitutionally.


“So, I think the framework and the circumstances within which we are operating are clearly whether there exists the right to investigate or not, and whether the action borders on criminality.


“Once crimes and criminality are concerned, nobody is an exception. I think the undertone should be exclusively the consideration of the existence of a prima facie case; existence of reasonable grounds for suspicion of commission of a crime.


“And if there are, no member of the Legislature, Judiciary and Executive can definitely be exempted from investigation. I think where we are now is the point of investigation and that is what is taking place,” Malami said.



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