·While condemning arrests, says it would never shield anyone accused of misconduct
·Recommends Onnoghen as CJN
·EFCC opens separate probe of eight judges
·Recommends Onnoghen as CJN
·EFCC opens separate probe of eight judges
Tobi Soniyi and Senator Iroegbu in Abuja
The National Judicial Council has
described the invasion of the residences and arrest of some serving and
suspended judicial officers by the Department of Security Services (DSS)
as a threat to the independence of the judiciary, adding that no
judicial officer shall be invited by any institution in the country,
including the DSS, without complying with the rule of law and due
process
The council, in a statement last night,
was reacting to the arrest and release on bail of seven judges at the
weekend by the DSS for alleged corruption.
The affected judges are: Justices Okoro
and Ngwuta of the Supreme Court; Justice Muhammad Ladan Tsamiya of the
Court of Appeal; Justice Kabiru Auta of the Kano High Court; Justice
Mu’azu Pindiga of the Gombe High Court; Justice Ibrahim Auta, Chief
Judge of the Federal High Court of Nigeria; and Justice Adeniyi Ademola.
A DSS source informed THISDAY on Wednesday that they would be arraigned next week.
However, the NJC held a two-day emergency meeting which ended on Wednesday evening, but deferred making any statement on the arrest of the judges till yesterday.
However, the NJC held a two-day emergency meeting which ended on Wednesday evening, but deferred making any statement on the arrest of the judges till yesterday.
The council, in its statement, said the
invasion portends great danger to Nigeria’s democracy and also
considered the action as a clear attempt by the DSS to “humiliate,
intimidate, denigrate and cow the judiciary”.
It expressed grave concern over the invasion and condemned the action in its entirety.
Confirming THISDAY’s exclusive report on the correspondence between the NJC and DSS, the council stated as follows: “That it maintains its earlier decision that no judicial officer shall be invited by any institution, including the DSS, without complying with the rule of law and due process.
Confirming THISDAY’s exclusive report on the correspondence between the NJC and DSS, the council stated as follows: “That it maintains its earlier decision that no judicial officer shall be invited by any institution, including the DSS, without complying with the rule of law and due process.
“That explains why when the DSS wrote to
the council by letter Ref. No. LSC.960/4 dated 14th September 2016, to
direct Hon. Justice Mu’azu Pindiga to appear before it, the Hon., the
Chief Justice of Nigeria and Chairman of the National Judicial Council
directed the Hon. Chief Judge of Gombe State to ask Hon. Justice Mu’azu
Pindiga to report to DSS, which His Lordship did.
“That the National Judicial Council has never shielded, nor will it shield any judicial officer who has committed any misconduct.
“That the National Judicial Council has never shielded, nor will it shield any judicial officer who has committed any misconduct.
“That the Department of State Services
is an agency in the presidency and its functions as specified in the
statute establishing it, is primarily concerned with the internal
security of the country.
“That the action of the DSS is a denigration of the entire judiciary, as an institution.
“That the action of the DSS is a denigration of the entire judiciary, as an institution.
“That by the act of the DSS, judicial
officers are now being subjected to insecurity, as criminals might take
advantage of the recent incidents to invade their residences under the
guise of being security agents.
“The council vehemently denounces a
situation whereby the psyche of judicial officers in the federation is
subjected to a level where they would be afraid to discharge their
constitutional judicial functions, without fear or favour, intimidation,
victimisation or suppression.
“The council will not compromise the integrity and impartiality of the judiciary.
“The council wishes to reassure the public that any person who has a genuine complaint against any judicial officer is at liberty to bring it up to the council for consideration, after following due process vide its Judicial Discipline Regulations.”
“The council wishes to reassure the public that any person who has a genuine complaint against any judicial officer is at liberty to bring it up to the council for consideration, after following due process vide its Judicial Discipline Regulations.”
The NJC added that at the end of it
two-day meeting, it unanimously agreed to recommend Justice W. S. N.
Onnoghen, as the most senior, suitable and competent justice of the
Supreme Court to President Muhammadu Buhari for appointment as the next
Chief Justice of Nigeria (CJN), to succeed Hon. Justice Mahmud Mohammed,
who retires from office on the 10th November 2016.
The statement further read: “At its
last emergency meeting, which was held on 11th October 2016, Council
decided among other matters, as follows:
“That the council is a creation, by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, with its powers specified in Paragraph 21 of Part One of the Third Schedule whereof.
“That the council is a creation, by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, with its powers specified in Paragraph 21 of Part One of the Third Schedule whereof.
“That by virtue of Section 160 of the
1999 Constitution, council fashioned out: i) Judicial Discipline
Regulations; ii) Revised NJC Guidelines and Procedural Rules for the
appointment of judicial officers of all superior courts of record; iii)
Code of Conduct for judicial officers of the Federal Republic of
Nigeria; and iv) National Judicial Policy to inter-alia, regulate its
own procedure while exercising its constitutional powers.
“That Section 158(1) of the 1999
Constitution of the Federal Republic of Nigeria, as amended, has
unequivocally provided for the independence of the National Judicial
Council vis-à-vis directing or controlling it by any authority or person
while exercising its powers.
“Reiterated its absolute confidence in
the President Muhammadu Buhari administration and its unwavering
determination to uphold the principles of democracy, separation of
powers and the rule of law enshrined in the 1999 Constitution of the
Federal Republic of Nigeria, as amended and the United Nations Charter,
of which Nigeria is a member.
“That it shall continue to support the President Buhari administration in its fight against corruption in all its ramifications in the federation; and in cleansing the judiciary of corrupt judicial officers.”
“That it shall continue to support the President Buhari administration in its fight against corruption in all its ramifications in the federation; and in cleansing the judiciary of corrupt judicial officers.”
The council further addressed the issues as they affected each of the affected judges.
In the case of Justice Ngwuta, it stated that the public was aware that Ngwuta, a justice of the Supreme Court, was arrested after his house was invaded by heavily armed and masked operatives of the DSS on Friday, 7th October 2016.
“The operatives did not leave his house until noon of the following day, when he was whisked away to the (“DSS”) office,” it revealed.
In the case of Justice Ngwuta, it stated that the public was aware that Ngwuta, a justice of the Supreme Court, was arrested after his house was invaded by heavily armed and masked operatives of the DSS on Friday, 7th October 2016.
“The operatives did not leave his house until noon of the following day, when he was whisked away to the (“DSS”) office,” it revealed.
In the case of Justice Okoro, the
council stated that the residence of Justice Okoro, a justice of Supreme
Court, was raided in the same manner and was arrested by the same
operatives of the DSS.
It stated that “contrary to the claim by the DSS and as published in the electronic and print media, council has never received any petition against the aforesaid judicial officers: Hon. Justices Ngwuta and Okoro of the Supreme Court of Nigeria, by the DSS”.
It stated that “contrary to the claim by the DSS and as published in the electronic and print media, council has never received any petition against the aforesaid judicial officers: Hon. Justices Ngwuta and Okoro of the Supreme Court of Nigeria, by the DSS”.
In the case of Justice Muhammed Ladan
Tsamiya of the Court of Appeal, the council said that at its meeting
held on 29th September 2016, it found him culpable of professional
misconduct contrary to the Code of Conduct for Judicial Officers and the
provisions of Section 292 of the constitution.
NJC said that it accordingly recommended
him to Buhari for compulsory retirement from office, following the
petition written by one Mr. Nnamdi Iro Oji for demanding the sum of N200
million bribe.
The council said: “It is to be stressed that from the evidence before the it, Hon. Justice Ladan Tsamiya did not receive the N200 million bribe. The petitioner adduced evidence to support his allegation that Hon. Justice Tsamiya only demanded for the money.
The council said: “It is to be stressed that from the evidence before the it, Hon. Justice Ladan Tsamiya did not receive the N200 million bribe. The petitioner adduced evidence to support his allegation that Hon. Justice Tsamiya only demanded for the money.
“In the exercise of its power, council
suspended Justice Tsamiya from office, pending when the president will
act on the recommendation. And Mr. President has approved the
recommendation of the council and compulsorily retired His Lordship from
office yesterday the 12th day of October, 2016.”
On Justice I. A. Umezuluke, the Chief
Judge of the Enugu State, the council revealed that it also recommended
him for compulsory retirement from office to the Enugu State governor
for gross misconduct, pursuant to the petition written against him by
Mr. Peter Eze.
It stated that the judge remained suspended, pending the time the Enugu governor would act on its recommendation.
With respect to Justice A.F. Ademola of the Federal High Court, Abuja, the council said there was a petition written against him by Hon. Jenkins Duviegiane Gwebe on allegations bordering on corrupt practices.
It disclosed: “Currently, a committee of the council is investigating the allegation. There is no other petition against Hon. Justice Ademola from DSS pending at the National Judicial Council.”
With respect to Justice A.F. Ademola of the Federal High Court, Abuja, the council said there was a petition written against him by Hon. Jenkins Duviegiane Gwebe on allegations bordering on corrupt practices.
It disclosed: “Currently, a committee of the council is investigating the allegation. There is no other petition against Hon. Justice Ademola from DSS pending at the National Judicial Council.”
In the case of Justice Kabiru Auta of
the Kano State High Court, the council said he was investigated based on
allegations of corrupt practices levelled against him in a petition by
one Alhaji Kabiru Yakassai.
NJC added that it had recommended the judge to the governor of Kano State for removal from office by dismissal.
NJC added that it had recommended the judge to the governor of Kano State for removal from office by dismissal.
It said: “Council wrote separately to
the AIG Kano Zone 1, for the police to prosecute Hon. Justice Auta.
Council has suspended His Lordship from office pending when the governor
will act on its recommendation.”
On Justice Pindiga of the Gombe State High Court, the council said it received a petition from DSS against him alleging corrupt practices against him.
On Justice Pindiga of the Gombe State High Court, the council said it received a petition from DSS against him alleging corrupt practices against him.
“The DSS had alleged that the judge,
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 governorship polls in favour of the incumbent
Governor Nyesom Wike (of Rivers State).
“It was also alleged that further ongoing discreet investigation, Justice Pindiga was observed to have illegally enriched himself through corrupt means.
“It was also alleged that further ongoing discreet investigation, Justice Pindiga was observed to have illegally enriched himself through corrupt means.
“Part of the illegitimate proceeds
suspected to have accrued to Pindiga include the underlisted: a) Two (2)
completed blocks of six (6) units of two bedroom flats in Federal Low
Cost Estate in Gombe metropolis; b) Four (4) units of bungalows in
another part of the estate; c) An uncompleted property at GRA in Gombe
metropolis; d) a Mercedes Benz C300 car in the name of MUBAJJAL; e) a
Toyota Venza-Model SUV.
“The DSS also alleged that from all
indications, it was apparent that Pindiga, who is a very senior justice
in Gombe State, was highly corrupt,” the NJC disclosed.
The council further stated that DSS alleged that “Pindiga’s continuous stay as a justice in any capacity would likely embarrass the current administration and pervert the cause of justice.
The council further stated that DSS alleged that “Pindiga’s continuous stay as a justice in any capacity would likely embarrass the current administration and pervert the cause of justice.
“In view of the foregoing, it strongly
advised that immediate necessary administrative and judicial measures be
taken on him, including appropriate sanctions and trial to set a
precedent to others of his like,” NJC alleged.
The council said the complaint was not supported by a verifying affidavit deposed to by the DSS, as required by the National Judicial Council Discipline Regulations 2014.
The council said the complaint was not supported by a verifying affidavit deposed to by the DSS, as required by the National Judicial Council Discipline Regulations 2014.
The council said the petition should
have been disregarded for non-compliance with the National Judicial
Council Regulations, but by letter Ref. No. NJC/S.15/HC.GM/5/1/128 dated
19th April, 2016, the DSS was notified and requested to comply and to
depose to a verifying affidavit in support of the allegations of corrupt
practices levelled against the Hon. Judge, and that the DSS deposed to
the verifying affidavit following which Justice Pindiga responded to the
allegations against him by DSS.
NJC said: “Thereafter, a committee
comprising members of the council investigated the allegations of
corrupt practices. Both parties – the DSS and Hon. Justice Mu’azu
Pindiga, together with their witnesses and counsel – appeared before the
panel set up by council in compliance with the National Judicial
Discipline Regulations and Section 36 of the 1999 Constitution of the
Federal Republic of Nigeria, as amended, on the right to fair hearing.
“The DSS was represented by a Director,
S. U. Gambo, Esq. who is also a legal practitioner in the department and
Hon Justice Pindiga was represented by Joe Agi (SAN).
“At the end of the investigation, the DSS could not substantiate any of the allegations of corrupt practices either by documentary or oral evidence against the Hon. Justice Pindiga.
“At the end of the investigation, the DSS could not substantiate any of the allegations of corrupt practices either by documentary or oral evidence against the Hon. Justice Pindiga.
“Consequently, at its Meeting of 15th
July, 2016, Council decided to exonerate Hon. Justice Pindiga of the
allegations of corrupt practices levelled against him by DSS.
“The Council’s decision was conveyed to Hon. Justice Pindiga in a letter Ref. No. NJC/HC.GM/5/1/132 of 9th August, 2016 and copied the DSS.”
“The Council’s decision was conveyed to Hon. Justice Pindiga in a letter Ref. No. NJC/HC.GM/5/1/132 of 9th August, 2016 and copied the DSS.”
In the case of Justice Nnamdi Dimgba,
the council said: “Council is aware that DSS had written a complaint
alleging corrupt practices and professional misconduct against Hon.
Justice Dimgba by a letter Ref. No. LSD.158/2/31 dated 5th August 2016.
“At its meeting of 29th September 2016, council constituted a fact finding committee comprising its members to investigate the allegation.
“At its meeting of 29th September 2016, council constituted a fact finding committee comprising its members to investigate the allegation.
“During the last emergency meeting of
the council, it received a report from Hon. Justice Nnamdi Dimgba that
his residence was also raided and ransacked; and in the process, his
nephew and driver were man-handled, using a wrong search warrant which
was not meant for the search of his house.
“The committee has commenced the process of investigating the allegations before the recent unfortunate raid and search of Hon. Justice Dimgba’s residence,” it said.
“The committee has commenced the process of investigating the allegations before the recent unfortunate raid and search of Hon. Justice Dimgba’s residence,” it said.
The NJC said it had also meticulously
considered the entire unfolding events that led to the arrest of the
judicial officers and the misinformation and disinformation making the
rounds in both the electronic and print media that the DSS acted thus
because the National Judicial Council was shielding the judicial
officers from investigation and prosecution for corrupt practices and
professional misconduct.
It noted particularly that from the available records, the DSS forwarded only two separate complaints containing allegations of corrupt practices against Justice Pindiga and corrupt practices and professional misconduct against Justice Dimgba.
It noted particularly that from the available records, the DSS forwarded only two separate complaints containing allegations of corrupt practices against Justice Pindiga and corrupt practices and professional misconduct against Justice Dimgba.
“The impression created and widely
circulated before the public that the DSS forwarded a number of
petitions containing various allegations of corrupt practices and
professional misconduct against some judicial officers to the council,
and they were not investigated, is not correct.
“The council urges the DSS to make public the particulars of such petitions to put the records straight,” it stated.
Rendering an account of the disciplinary cases it has handled since 2000, it said: “Given the above background facts, on behalf of the judiciary, council is constrained to inform the general public that all petitions and complaints forwarded against judicial officers bordering on corrupt practices and professional misconduct, have been attended to and investigated, where applicable, by council since year 2000 to date, within the powers conferred on it by the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Rendering an account of the disciplinary cases it has handled since 2000, it said: “Given the above background facts, on behalf of the judiciary, council is constrained to inform the general public that all petitions and complaints forwarded against judicial officers bordering on corrupt practices and professional misconduct, have been attended to and investigated, where applicable, by council since year 2000 to date, within the powers conferred on it by the 1999 Constitution of the Federal Republic of Nigeria, as amended.
“Therefore, any judicial officer that
was reprimanded by council or recommended for removal from office by
compulsory retirement or dismissal to the president or governor, was
done in compliance with the constitutional power, rule of law and due
process.
“From year 2000, when the National
Judicial Council held its inaugural meeting to 2016, 1808 petitions and
complaints against judicial officers, including Chief Justices of
Nigeria, justices of the Supreme Court and Court of Appeal were received
by the respective Chief Justices of Nigeria and Chairmen of the
National Judicial Council.
“Eighty-two of the judicial officers
were reprimanded (suspension, caution or warning) by council, in the
exercise of its exclusive constitutional disciplinary power over
judicial officers.
“Thirty-eight of the judicial officers
were recommended to the president or governor, where applicable, for
compulsory retirement from office; while 12 were recommended to the
president or governor, as the case may be, for dismissal from office.”
NBA: No Complaints Against SC Justices
The Nigerian Bar Association (NBA) also
yesterday dismissed claims by the DSS that there were allegations of
wrong doing against two of the justices of the Supreme Court who were
arrested last week by the department.
Speaking at the end of the association’s
Crisis Committee meeting held in Abuja at the new NBA House, the
president of the association, Mr. Abubakar Balarabe Mahmoud (SAN) said
that the Secretary of the NJC, Danladi Halilu and the Attorney General
of the Federation and Minister for Justice, Abubakar Malami (SAN)
briefed the committee on the arrest of the judges.
He said the NJC’s secretary told the
committee that there was no complaint whatsoever against Justices
Sylvester Ngwuta and Inyang Okoro, both Supreme Court justices, either
from the DSS or any member of the public.
He also revealed that based on investigations by the NBA the two justices were not invited for questioning.
Mahmud said that from the findings of the NBA, cases against four of the judges of the Federal High Court had been handled by the NJC and recommendations made for their punishment to the appropriate authorities, while the case against a fifth judge was pending before the council.
Mahmud said that from the findings of the NBA, cases against four of the judges of the Federal High Court had been handled by the NJC and recommendations made for their punishment to the appropriate authorities, while the case against a fifth judge was pending before the council.
Mahmoud said the DSS was apparently not
satisfied with some of the conclusions reached by the NJC on some of the
petitions and demanded that the council sends its record of proceedings
to it and which the council refused.
The correspondence between the DSS and NJC, including the council’s refusal to relinquish its record of proceedings on its probe of the judges was reported exclusively by THISDAY on Tuesday.
The correspondence between the DSS and NJC, including the council’s refusal to relinquish its record of proceedings on its probe of the judges was reported exclusively by THISDAY on Tuesday.
Mahmoud said the NJC was established by the constitution and therefore not answerable to anyone including the DSS.
He said: “From the briefings we received from NJC, there was no petition the council failed to act on.
“In one of the cases, DSS was not satisfied with the decision of the council. We were shown evidence that NJC had acted but DSS was not satisfied. The DSS asked for copies of the disciplinary procedure and NJC refused.
He said: “From the briefings we received from NJC, there was no petition the council failed to act on.
“In one of the cases, DSS was not satisfied with the decision of the council. We were shown evidence that NJC had acted but DSS was not satisfied. The DSS asked for copies of the disciplinary procedure and NJC refused.
“We are of the belief that NJC is not
answerable to DSS. The council is the sole authority. DSS was wrong to
demand from NJC the record of the council’s proceedings. NJC does not
have to satisfy DSS. The constitution is clear on this. NJC is not
subject to DSS or any other authority.”
He warned that the country’s judiciary
should not be exposed to ridicule and disdain by security operatives
under the guise of fighting corruption.
Mahmoud insisted that the invasion of the houses of the justices in the middle of the night by masked security operatives was not proper, crude and uncivilised.
Mahmoud insisted that the invasion of the houses of the justices in the middle of the night by masked security operatives was not proper, crude and uncivilised.
He was quick to add, however, that
lawyers in the country would not condone any act of indiscipline among
judges and would not shield any judge found to have contravened the law.
He declined to tell journalists what the AGF told the committee, but said both the NBA and the minister agreed to work together to fight corruption at the bar and bench.
He declined to tell journalists what the AGF told the committee, but said both the NBA and the minister agreed to work together to fight corruption at the bar and bench.
He however announced that a task force
committee had been set up by the NBA headed by former NBA presidents
Chief Wole Olanipekun (SAN) and Olisa Agbakoba (SAN) to make
recommendations for stronger disciplinary action for erring judicial
officers which he said would be passed on to the NJC to strengthen it.
Mahmoud said the committee would submit its report within three weeks.
Reacting to the allegations made by the Chairman of the Presidential Advisory Committee Against Corruption, Professor Itse Sagay (SAN), who said he had evidence against senior members of the bar that had colluded with judges to corrupt the judiciary, Mahmoud asked him to send his petitions to the association naming the senior lawyers he accused of bribing judges.
Reacting to the allegations made by the Chairman of the Presidential Advisory Committee Against Corruption, Professor Itse Sagay (SAN), who said he had evidence against senior members of the bar that had colluded with judges to corrupt the judiciary, Mahmoud asked him to send his petitions to the association naming the senior lawyers he accused of bribing judges.
Yesterday’s meeting was attended by past
NBA presidents including Olisa Agbakoba, Wole Olanipekun, Joseph Daudu,
Okey Wali and some past general secretaries of the association.
Also in attendance were former Attorneys General of the Federation – Kanu Agabi, Akinlolu Olujinmi and Kayode Adetokunbo
Also in attendance were former Attorneys General of the Federation – Kanu Agabi, Akinlolu Olujinmi and Kayode Adetokunbo
EFCC Opens Probe of Eight Judges
However, with the arrest and detention
of eight judges by DSS yet to die down, the Economic and Financial
Crimes Commission (EFCC) yesterday announced that it was in the process
of investigating another eight judges and two court registrars over
corruption related offences.
The Head of Media and Publicity of EFCC,
Mr. Wilson Uwujaren in a statement, said that the commission has
advanced investigations in a fresh and unrelated probe of the judges,
whom it did not name.
“In this regard, EFCC is currently
investigating eight judges and two court registrars. Some of the
suspects who have been invited have made useful statements that have
been of great assistance to the investigations.
“In due course, those who have cases to answer would be arrested and charged to court,” he stated.
Uwujaren vowed that those found culpable would soon be arrested and charged to court.
This revelation came against the backdrop of the commission’s response to a story alleging inter-agency rivalry with the DSS.
Uwujaren vowed that those found culpable would soon be arrested and charged to court.
This revelation came against the backdrop of the commission’s response to a story alleging inter-agency rivalry with the DSS.
The EFCC spokesman said: “The story,
quoting some unnamed sources, tried to drive wedges between the
commission and the Office of the Attorney General of the Federation
(AGF), on the one hand, and the commission and the DSS, on the other.
“It alleges among others, that the
Office of the Attorney General of the Federation, frustrated by the
alleged tardiness of the EFCC in handling petitions forwarded to it, now
sends the same cases to the DSS.
“EFCC wishes to put on the record that there is no friction with the Office of the AGF, and the commission is not involved in inter-agency squabbles with the DSS.
“EFCC wishes to put on the record that there is no friction with the Office of the AGF, and the commission is not involved in inter-agency squabbles with the DSS.
“Indeed, the commission, along with the
DSS, ICPC, police and the Office of the AGF, is a member of a technical
committee that meets at the highest level of government to collaborate
and coordinate strategies against corruption. The last such meeting was
as recently as today.”
He further revealed that of the seven judges who were arrested by the DSS, only one of them had previously featured in a petition on alleged corruption at the anti-graft agency.
He further revealed that of the seven judges who were arrested by the DSS, only one of them had previously featured in a petition on alleged corruption at the anti-graft agency.
He said that investigation into that
petition had reached an advanced stage, when the judge got a Federal
High Court order to stop further investigation by the commission.
According to him, EFCC was still trying to vacate that order for the investigation to proceed with its work unfettered.
According to him, EFCC was still trying to vacate that order for the investigation to proceed with its work unfettered.
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