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Lawyer files N50bn lawsuit against Buhari, DSS, AGF

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Sunday, 16 October 2016
– A N50billion suit has been filed against President Muhammadu Buhari, DSS and AGF


– The suit was filed by a Lagos-based lawyer, Mr Olukoya Ogunbeje



– The Federal Government has backed the crackdown on judges by the DSS




Mr Olukoya Ogungbeje, a Lagos-based lawyer, has filed a N50bn suit against President Muhammadu Buhari, the Department of State Services and its Director-General, Lawal Daura, along with others for allegedly violating the rights of judges whose houses were raided by the DSS operatives between October 8 and 9.
The crackdown of allegedly corrupt judges, has stirred great rift between the Judiciary and the Executive even as Nigerians
debateover the rule of law.

 Others joined as defendants in the suit, withnumber FHC/ABJ/CS/809/16, are the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN); the Inspector-General of Police, Ibrahim Idris; and the National Judicial Council.

 According to The Punch, Ogungbeje filed the suit before the Federal High Court in Abuja on Friday, October 14.


 He alleged that the arrest of the judges without recourse to the NJC was unlawful and amounted to humiliating them.


 He said the DSS operations violated the rights of judges under sections 33, 34, 35, 36 and 41 of the 1999 Constitution.


 The plaintiff sought 10 prayers, among which is an order awarding N50bn against the defendants as “general and exemplary damages.”


 He also sought to be awarded N2m as the cost of the suit. The lawyer also sought an order compellingthe DSS to return to the judges the sums of money reportedly recovered from them.

 He also sought a perpetual injunction restraining the defendants from arresting, inviting, intimidating or harassing the judges with respect to the case.



 The DSS had, between Friday and Saturday,arrested Justices Sylvester Ngwuta and John Okoro of the Supreme Court; Justice Adeniyi Ademola of the Federal High Court, Abuja, and Justice Muazu Pindiga of the Federal High Court, Gombe Division.



 Justice Nnamdi Dimgba’s residence was also searched but he was not arrested. Others, who were arrested, had been placedon suspension by the NJC pending the timeBuhari and the various state governors would approve its recommendation for the sacking of the affected judges.





 They are a former Chief Judge of Enugu State, Justice I. A. Umezulike; the Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Tsamiya; and the judge of the Kano State High Court, Justice Kabiru Auta.




 The DSS said it recovered large sums of money in Nigerian and foreign currencies from three of the judges during the raids on the houses of the seven judiciary officers.



The seven of them had since been releasedon self recognition by the DSS.



 But Ogungbeje’s suit is restricted to five of the arrested judges, who are still in active service – Justices Ngwuta, Okoro, Ademola, Pindiga and Dimgba.



 The plaintiff contended in his suit that the raids on the residences of the judges and their arrest were unconstitutional.


 He maintained that the arrest of the judges did not follow the law.


 He stated in a 39-paragraph affidavit, whichhe deposed to in support of the suit,


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