AfriPulse
May 24, (THEWILL) — The reported attempt to deploy the police to investigate and intimidate citizens and lawyers for submitting petitions to the National Judicial Council (NJC) and the Enugu State Judicial Service Commission raises serious concerns about abuse of police powers and threats to judicial accountability.
According to reports, officials of Civil Rights Realisation and Advancement Network, the management of Ohha Microfinance Bank Limited and their counsel are being subjected to police invitations and possible harassment following petitions submitted to the Chief Justice of Nigeria and the Enugu State Judicial Service Commission alleging judicial misconduct and abuse of court processes.
The petitions reportedly concern allegations that a disputed garnishee order led to the withdrawal of funds belonging to the bank in favour of a lawyer’s personal account in circumstances already subject to appellate proceedings before the High Court.
While the allegations contained in the petitions remain matters for determination by the appropriate disciplinary and judicial authorities, it is deeply troubling that the response to those petitions appears to be the initiation of police action for alleged “defamation” and “conduct likely to cause breach of peace.”
In a constitutional democracy governed by the rule of law, citizens, institutions, lawyers and civil society organisations must be free to submit complaints and petitions to oversight institutions without fear of intimidation, arrest, harassment or retaliatory criminal investigations.
The right to petition competent authorities is protected under the Constitution and forms part of the broader rights to freedom of expression, access to justice, and participation in public affairs. The National Judicial Council and State Judicial Service Commissions exist precisely to receive and investigate complaints concerning judicial conduct. Allowing the police to criminalise petitions submitted to such bodies would have a chilling effect on accountability and undermine public confidence in the administration of justice.
It is also well established that defamation is principally a civil matter except in narrowly defined statutory circumstances. The increasing resort to police involvement in disputes arising from petitions, criticism, contractual disagreements and civil claims represents a disturbing pattern of misuse of law enforcement powers for intimidation and score-settling.
Rule of Law and Accountability Advocacy Centre therefore calls on the Nigeria Police Force, particularly the Enugu State Command, to refrain from being drawn into matters that are clearly civil and administrative in nature or that are already before competent judicial and disciplinary institutions.
RULAAC further calls on the National Judicial Council and the Enugu State Judicial Service Commission to ensure that petitioners are protected from retaliation and that all complaints before them are addressed transparently, independently and expeditiously.
The use of police powers to pressure complainants into withdrawing petitions against judicial officers or legal practitioners would constitute a dangerous precedent capable of eroding judicial accountability, civic freedoms and public trust in democratic institutions.
We also urge the Police Service Commission and the Attorney General of the Federation to take notice of this growing pattern whereby police investigative powers are invoked in matters fundamentally rooted in civil disputes, professional complaints and constitutionally protected expressions.
The courts, disciplinary bodies and law enforcement institutions must not become instruments for suppressing legitimate complaints or shielding powerful actors from scrutiny. Accountability mechanisms exist to strengthen – not weaken – the integrity of the justice system.
RULAAC will continue to monitor the matter closely and stands firmly against any attempt to weaponise state institutions against citizens seeking lawful redress and institutional accountability.
The author, Okechukwu Nwanguma is the Executive Director of Rule of Law and Accountability, Advocacy Centre RULAAC.
Author Profile
Source: TheWillNigeria | Read the Full Story…
