At its last Emergency Meeting which was held on October 11th 2016, Council decided among other matters, as follows:
That the National Judicial 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:
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.
3. 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.
4. Reiterated its absolute confidence in 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, which Nigeria is a Member.
5. 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.
6. However, expresses its grave concern on the recent invasion of the Residences and arrest of some serving and suspended Judicial Officers by the Department of State Services (“DSS”); and condemned the action in its entirety.
7. Viewed the action as a threat to the Independence of the Judiciary, which portends great danger to our democracy; and also considered the action as a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the Judiciary.
BACKGROUND FACTS

8.1 RE: HON. JUSTICE SYLVESTER NGWUTA
The Public is aware that Hon. Justice Sylvester Ngwuta, a Justice of the Supreme Court of Nigeria, was arrested after his House was invaded by heavily armed and masked operatives of the Department of States Security on Friday 7th October, 2016. The operatives did not leave his house until 12.00 noon of the following day, when he was whisked away to the (“DSS”) office.
8.2 RE: HON. JUSTICE INYANG OKORO
The Residence of Hon. Justice Inyang Okoro, a Justice of Supreme Court of Nigeria, was raided in the same manner and was arrested by the same operatives of the DSS.
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.
8.3 RE: HON. JUSTICE MUHAMMED LADAN TSAMIYA OF THE COURT OF APPEAL
At its Meeting which was held on 29th September, 2016, Council had found His Lordship culpable of professional misconduct contrary to Code of Conduct for Judicial Officers of the Federal Republic of Nigeria and the provisions of Section 292 of 1999 Constitution of Federal Republic of Nigeria. Accordingly, he was recommended to Mr President for compulsory retirement from office following the petition written by one Mr Nnamdi Iro Oji for demanding the sum of N200,000,000.00 (Two Hundred Million Naira) bribe. It is to be stressed that from the evidence before the Council, Hon. Justice Ladan Tsamiya did not receive N200m 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 had 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.

8.4. RE: HON. JUSTICE I. A. UMEZULIKE, OFR
Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State, was recommended for compulsory retirement from office to Enugu State Governor for gross misconduct, pursuant to the petition written against him by Mr. Peter Eze.
In the meantime, National Judicial Council has suspended His Lordship from office pending when the Governor of Enugu State will act on its recommendation.
8.5. RE: HON. JUSTICE A. F. A. ADEMOLA, OF THE FEDERAL HIGH COURT
Hon. Justice A. F. A. Ademola of the Federal High Court, Abuja Division has been petitioned by Hon. Jenkins Duviegiane Gwebe on allegations bordering on corrupt practices.
Currently, a Committee of the Council is investigating the allegations.
There is no other petition against Hon. Justice Ademola from DSS pending at the National Judicial Council.
8.6. RE: HON. JUSTICE KABIRU AUTA, KANO STATE HIGH COURT

Hon. Justice Kabiru Auta was investigated by Council based on allegations of corrupt practices levelled against him in a petition forwarded to Council by one Alhaji Kabiru Yakassai. His Lordship was recommended to the Governor of Kano State for removal from office by dismissal. Council wrote separately to the AIG Kano Zone 1, for Police to prosecute Hon. Justice Auta.

Council has suspended His Lordship from office pending when the Governor will act on its recommendation.
8.7 RE: HON. JUSTICE MUAZU PINDIGA OF HIGH COURT, GOMBE STATE
The DSS petitioned the Hon. Chief Justice of Nigeria and Chairman of the National Judicial Council alleging corrupt practices against Hon. Justice Pindiga, inter-alia:-
“i) That the Hon. 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.
ii) That further ongoing discreet investigation, Justice Pindiga is observed to have illegally enriched himself through corrupt means. Part of the illegitimate proceeds suspected to have accrued to Pindiga includes the underlisted:
a) Two (2) completed blocks of six (6) units 2 bedroom flats in Federal Low Cost Estate in Gombe metropolis;
b) Four (4) units of bungalow 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.
iii) From all indications, it is apparent that Pindiga, who is a very Senior Justice in Gombe State, is highly corrupt. His 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 is 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”.
The complaint containing the allegations of corrupt practices against the Hon. Judge were conveyed in a letter Ref No. DGSS71/3161 and dated 26th February, 2016, written by the DSS to the Hon. Chief Justice of Nigeria and Chairman of the National Judicial Council. The petition was not supported by a verifying affidavit deposed to by the DSS, as required by the National Judicial Council Discipline Regulations 2014. 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.
By letter Ref No. LSD.232/4/68 dated 6th May, 2016, to the Council, the DSS deposed to a verifying affidavit in respect of the allegations against Justice Pindiga.
On the directive of the Council, Hon. Justice Mu’azu Pindiga responded to the allegations against him by DSS. 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.
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.

8.8. RE: HON. JUSTICE NNAMDI DIMGBA OF FEDERAL HIGH COURT ABUJA DIVISION
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.
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.

9. Council meticulously considered the entire unfolding events that led to the arrest of the Judicial Officers and the misinformation and disinformation making rounds in both 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.
10. Council noted particularly, that from the available records, the DSS forwarded only two(2 no.) separate complaints containing allegations of Corrupt Practices against Hon. Justice Pindiga; and corrupt practices and professional misconduct against Hon. Justice Dimgba.
11. 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.
12. 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.
13. 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.
14. 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 Supreme Court and Court of Appeal were received by the respective Honourable, the Chief Justices of Nigeria and Chairman of the National Judicial Council. Eighty-two (82 No.) 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 (38 No.) of the Judicial Officers were recommended to the President or Governor where applicable, for compulsory retirement from office; while twelve (12 No.) were recommended to the President or Governor as the case may be, for dismissal from office.
In conclusion, Council wishes to state 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.
3) 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.
4) That the action of the DSS is a denigration of the entire Judiciary, as an institution.
5) 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.
6) 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, victimization or suppression.
7) 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.
9) At the end of the Meeting, Council unanimously agreed to recommend Hon. Justice W. S. N. Onnoghen, CFR, as the most senior, suitable and competent Justice of the Supreme Court to President Muhammadu Buhari, GCFR, for appointment as the next Chief Justice of Nigeria to succeed Hon. Justice Mahmud Mohammed GCON who retires from office on 10th November, 2016.

Soji Oye, Esq
Ag. Director (Information)

http://politicsngr.com/national-judicial-council-reacts-arrest-high-court-judges-bars-dss-arraignment/

succinct, op put source

Those in the NJC are bunch of comedians.
With all their days of meeting on this issue this is the crap they've come up with?

l was thinking that they might recommend Buhari or DSS boss to the National assembly for impeachment or sack and demand for the release of the ceased money, rather they are pledging their unalloyed support and loyalty to the Grandmaster President Muhammadu Buhari GCFR...... So disappointed

Two things are involeved, it's either Buhari is Useless or he is Useless. Dazol

i dont know why the fuzz over all this, even some things that are clearly stated in the constitution are boycotted.


the ones that are not in the constitution are enforced in a combatant style.


many of us here do not even know if the DSS action was right or wrong based on constitution because we have the most useless judiciary in The world.


Itse Sagay ------- the arrest is legal

Kanu Agabi -------the arrest is illegal.

Femi Falana -------- I am just confused

Barr. Okechukwu --------the DSS are carrying the duties of the police.





aHow Steptwo wan take understand the constitution?

UmuEri:
Two things are involeved, it's either Buhari is Useless or he is Useless. Dazol

some of you few Igbos online make the entire tribe funny and sarcastic, shouldnt there be time for everything?

you've made wailing so irritating at the mention of Buhari's name all the time.

I dare you be intelligent enough to create threads criticising Buhari rather than spew his name all over the net, one cannot find a single thread without Buhari's name in it, even in Romance section you will still find Buhari's name more than Fynestboi and Tosyne2much




Na wetin?

StepTwo:


some of you few Igbos online make the entire tribe funny and sarcastic, shouldnt there be time for everything?

you've made wailing so irritating at the mention of Buhari's name all the time.

I dare you be intelligent enough to create threads criticising Buhari rather than spew his name all over the net, one cannot find a single thread without Buhari's name in it, even in Romance section you will still find Buhari's name more than Fynestboi and Tosyne2much.




Na wetin?

I forgot to add that he (Buhari) is also deef and stewpid

UmuEri:
I forgot to add that he (Buhari) is also deef and stewpid

that was highly predictable

Patiently waiting to see how this pan out.

Though,the whole scene look confused but I refused to be dazed.

In all sincerity, I think the NJC has not done enough fighting corruption within the ranks of judicial officers. Explanations adduced by the Council does not appear convincing enough that,erring officers are being punished to serve as deterrents.

Days ahead are going to be very interesting.

This is no action just trying defense method

Nice damage control by NJC but it doesn't change the fact that you aren't doing enough in cleansing the judiciary of corruption.

You said you have reprimanded 82 judges since 2000 and most of them were warnings, cautions and suspension. What has happened to recommending for prosecution? judges don't warn armed robbers instead they send them to jail when delivering judgements

How can someone accused of corruption be cautioned? .
NJC just corroborated the DSS stance that they are shielding their colleagues If
HON. JUSTICE MUHAMMED LADAN TSAMIYA was only recommended for retirement with full benefits and not prosecution despite demanding for N200 million bribe, the NJC is trying to tell us that the said judge didn't receive the money but he demanded for the money so he shouldn't be prosecuted.

As for as am concerned requesting for bribe alone is an offence punishable by the law but our NJC only recommended for retirement with full benefits .

And if what the NJC said is true about the DSS only bringing purchase of cars, ownership of properties etc as proof of corruption then I Will stop believing the DSS whenever they say they have incriminating evidences.

For God sake those are not evidences, they are just things for you to start suspecting or commence investigation. If you see heavy lodgements in an account, then you trace it to who paid the amount then you connect the dots by relating the lodger to the judge. Check if the person is a third party, carry out thorough investigation. Because the judge can just claim it was an error and the lodger might say he made a mistake while filling the teller or something.

Dss should carry out covert investigation and present audio, video, bank transactions document to the NJC as evidence So as to win these case

We need to win the war against corruption

dis njc no serious at al, since 2000, u no c any judge wey deserve to be caged, na just go c down home una dey do, y una no talk abt d one of dey return bribe instalmentally, in short, una head no correct

omofunaab:
Nice damage control by NJC but it doesn't change the fact that you aren't doing enough in cleansing the judiciary of corruption.

You said you have reprimanded 82 judges since 2000 and most of them were warnings, cautions and suspension. What has happened to recommending for prosecution? judges don't warn armed robbers instead they send them to jail when delivering judgements

How can someone accused of corruption be cautioned? .
NJC just corroborated the DSS stance that they are shielding their colleagues If
HON. JUSTICE MUHAMMED LADAN TSAMIYA was only recommended for retirement with full benefits and not prosecution despite demanding for N200 million bribe, the NJC is trying to tell us that the said judge didn't receive the money but he demanded for the money so he shouldn't be prosecuted.

As for as am concerned requesting for bribe alone is an offence punishable by the law but our NJC only recommended for retirement with full benefits .

And if what the NJC said is true about the DSS only bringing purchase of cars, ownership of properties etc as proof of corruption then I Will stop believing the DSS whenever they say they have incriminating evidences.

For God sake those are not evidences, they are just things for you to start suspecting or commence investigation.

Dss should carry out covert investigation and present audio, video, bank transactions document to the NJC as evidence So as to win these case

abeg no mind dose yeyenatu njc jare, dey no even talk about d travelling out to collect doe oo, dey no talk about the cctv capture for supermarket, dey wan com dey form for us. we get plenty ordinary citizens for AT in diff facility all over the nation, i care less if dem join the elites too. make e no beta for anyone that will prevent the nations growth for his own individual gain, including the president if thats his aim.

tafabaloo:
Patiently waiting to see how this pan out.

Though,the whole scene look confused but I refused to be dazed.

In all sincerity, I think the NJC has not done enough fighting corruption within the ranks of judicial officers. Explanations adduced by the Council does not appear convincing enough that,erring officers are being punished to serve as deterrents.

Days ahead are going to be very interesting.

What again should they have done? Judges has been sanctioned and removed with others further recommended for prosecution.The DSS obviously has a case against some of these judges because they ruled against them.They accused Justice Pindiga of corruption and when they were eventually called to substantiate it they failed woefully!!!! That is not acceptable

OlujobaSamuel:
dis njc no serious at al, since 2000, u no c any judge wey deserve to be caged, na just go c down home una dey do, y una no talk abt d one of dey return bribe instalmentally, in short, una head no correct

Didn't you read where a judge was recommended for prosecution?

The same thing we have been saying!!! Accusing someone of owning properties or money is childish since that is in itself not a crime.Linking those properties or monies directly to proceeds from any criminal activities are where the DSS will be able to secure a conviction.

The DSS accused Justice Pindiga of receiving bribe from Gov Wike and using it to build properties without any iota of proof not even an oral one. How dumb can a government agency be?

kcnwaigbo:

Didn't you read where a judge was recommended for prosecution?

1judge since 2000, are you kidding me? and you never read where one was told to pay back instalmentally without prosecution? nor did you read where one was said to have just demanded, and since it's yet to be paid, there is no criminal act? i knw your stand on this forum, so irrespective of what your next comment is, i got no time to diginify you with my mb, time and understanding.
shalom.

Nigerians appear to me to be natural criminals. If not, how will a council of lawyers--- out of every organization--- complain about the arrest of corruption within its ranks?

Corrupt minded people. So endemic it has become a culture to them like prostrating for their elders when greeting.

kcnwaigbo:
The same thing we have been saying!!! Accusing someone of owning properties or money is childish since that is in itself not a crime.Linking those properties or monies directly to proceeds from any criminal activities are where the DSS will be able to secure a conviction.

The DSS accused Justice Pindiga of receiving bribe from Gov Wike and using it to build properties without any iota of proof not even an oral one. How dumb can a government agency be?

Well said. Same way they were quick to accuse Nnamdi kanu of treason but when it was time to prove their case, they couldn't. Then, why did you accuse and charge him in the first place if you don't have a proof? Wasting tax payers or oil money on fruitless charges and cases. This government is the most useless, shameless and incompetent government I have ever witnessed in my life. Even Sani Abacha was very organized and competent.

The judiciary will now teach them a lesson for trying to undermine their branch of government.I was talking to a clerk to a judge, who told me that by the time they are true with this government, they will know that the Judiciary is a separate branch and bears equal power as the executive. They have never seen anything like this before not even under Sani Abacha. All justices, judges, SANs, Lawyers are angry and prepared to deal with this government.

Now justice okoro sue dss for character defamation.

[s]

Clinton9000:


Well said. Same way they were quick to accuse Nnamdi kanu of treason but when it was time to prove their case, they couldn't. Then, why did you accuse and charge him in the first place if you don't have a proof? Wasting tax payers or oil money on fruitless charges and cases. This government is the most useless, shameless and incompetent government I have ever witnessed in my life. Even Sani Abacha was very organized and competent.

The judiciary will now teach them a lesson for trying to undermine their branch of government.I was talking to a clerk to a judge, who told me that by the time they are true with this government, they will know that the Judiciary is a separate branch and bears equal power as the executive. They have never seen anything like this before not even under Sani Abacha. All justices, judges, SANs, Lawyers are angry and prepared to deal with this government.

[/s]



Nnamdi Kanu sacked 2 lawyers for their incompetence. They could not defend him against the treasonable felony charges and that's why he remain locked up

Eden007:
Now justice okoro sue dss for character defamation.

Where did you read that?

We can take this NJC position as the position of the supreme court in this matter since it is the same people at the NJC that will sit at the supreme court. The implications is that any case instituted against any of the judges cleared by the NJC is dead on arrival.

If the DSS decides to proceed with the trial they better get ready to pay for damages since there are guaranteed to lose in court

patriotic9jaboy:
[s][/s]
[s]


Nnamdi Kanu sacked 2 lawyers for their incompetence. They could not defend him against the treasonable felony charges and that's why he remain locked up[/s]

Afonja

Clinton9000:


Afonja

Every one with a contrary opinion is an Afonja. I pity u cos ur director committed treason against our beloved country Nigeria. He will regret it

patriotic9jaboy:
[s][/s]



Nnamdi Kanu sacked 2 lawyers for their incompetence. They could not defend him against the treasonable felony charges and that's why he remain locked up

Who takes this one serious? When the north start dealing with Tinubu now you go about opening threads begging the better South for southern unity!! Smh

I can see that Nigerians persist in believing lies fabricated by the DSS/FG against the Judges. It is good that the interpreters of the law a.k.a the Judiciary has made it clear that the DSS acted outside its jurisdiction and lied about having filed complaints or petitions against some of the judges arrested particularly d Supreme Court judges. There is no petition against them!

They also failed to provide evidence to back their claims against Justice Pindiga and still went ahead to raid his house. For what reason? In the event they even succeed in bringing him for trial before any court will it not be the same story and failure to prove allegations? So why the overbearing and unlawful attacks?

All this government through the DSS has succeeded in doing is tell everyone within and outside Nigeria that they are prepared to harass and intimidate the Judiciary that is supposed to be the neutral umpire for any disputes. They have also succeeded in exposing them to possible danger and threats even from litigants and their relatives whose criminal conducts landed them on the punitive side of the law through those judges.

Now it is obvious that there is nothing but a vendetta against the Judiciary from the Executive so even security operatives can no longer be trusted to carry out their duties when assigned to any of the judges. The judiciary has just been desecrated and raped in the most denigrating and clandestine manner and I wish the NJC even demanded an official apology from the Presidency and DSS for their reprehensible and illegal actions.

I will not be suprised that no penny were recovered at the houses of the judges involved.

Happy but at the same time confused

tinsel:
I will not be suprised that no penny were recovered at the houses of the judges involved.

No such thing was found! It's all just hype! I'm even sure the search warrants purportedly used were not even signed by any magistrate or judge. Someone definitely just put something there to make it look valid. The dolts still went with wrong search warrants cos they didn't even know whom they were looking for!

aminulive:
At its last Emergency Meeting which was held on October 11th 2016, Council decided among other matters, as follows:
That the National Judicial 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:
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.
3. 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.
4. Reiterated its absolute confidence in 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, which Nigeria is a Member.
5. 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.
6. However, expresses its grave concern on the recent invasion of the Residences and arrest of some serving and suspended Judicial Officers by the Department of State Services (“DSS”); and condemned the action in its entirety.
7. Viewed the action as a threat to the Independence of the Judiciary, which portends great danger to our democracy; and also considered the action as a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the Judiciary.
BACKGROUND FACTS

8.1 RE: HON. JUSTICE SYLVESTER NGWUTA
The Public is aware that Hon. Justice Sylvester Ngwuta, a Justice of the Supreme Court of Nigeria, was arrested after his House was invaded by heavily armed and masked operatives of the Department of States Security on Friday 7th October, 2016. The operatives did not leave his house until 12.00 noon of the following day, when he was whisked away to the (“DSS”) office.
8.2 RE: HON. JUSTICE INYANG OKORO
The Residence of Hon. Justice Inyang Okoro, a Justice of Supreme Court of Nigeria, was raided in the same manner and was arrested by the same operatives of the DSS.
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.
8.3 RE: HON. JUSTICE MUHAMMED LADAN TSAMIYA OF THE COURT OF APPEAL
At its Meeting which was held on 29th September, 2016, Council had found His Lordship culpable of professional misconduct contrary to Code of Conduct for Judicial Officers of the Federal Republic of Nigeria and the provisions of Section 292 of 1999 Constitution of Federal Republic of Nigeria. Accordingly, he was recommended to Mr President for compulsory retirement from office following the petition written by one Mr Nnamdi Iro Oji for demanding the sum of N200,000,000.00 (Two Hundred Million Naira) bribe. It is to be stressed that from the evidence before the Council, Hon. Justice Ladan Tsamiya did not receive N200m 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 had 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.

8.4. RE: HON. JUSTICE I. A. UMEZULIKE, OFR
Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State, was recommended for compulsory retirement from office to Enugu State Governor for gross misconduct, pursuant to the petition written against him by Mr. Peter Eze.
In the meantime, National Judicial Council has suspended His Lordship from office pending when the Governor of Enugu State will act on its recommendation.
8.5. RE: HON. JUSTICE A. F. A. ADEMOLA, OF THE FEDERAL HIGH COURT
Hon. Justice A. F. A. Ademola of the Federal High Court, Abuja Division has been petitioned by Hon. Jenkins Duviegiane Gwebe on allegations bordering on corrupt practices.
Currently, a Committee of the Council is investigating the allegations.
There is no other petition against Hon. Justice Ademola from DSS pending at the National Judicial Council.
8.6. RE: HON. JUSTICE KABIRU AUTA, KANO STATE HIGH COURT

Hon. Justice Kabiru Auta was investigated by Council based on allegations of corrupt practices levelled against him in a petition forwarded to Council by one Alhaji Kabiru Yakassai. His Lordship was recommended to the Governor of Kano State for removal from office by dismissal. Council wrote separately to the AIG Kano Zone 1, for Police to prosecute Hon. Justice Auta.

Council has suspended His Lordship from office pending when the Governor will act on its recommendation.
8.7 RE: HON. JUSTICE MUAZU PINDIGA OF HIGH COURT, GOMBE STATE
The DSS petitioned the Hon. Chief Justice of Nigeria and Chairman of the National Judicial Council alleging corrupt practices against Hon. Justice Pindiga, inter-alia:-
“i) That the Hon. 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.
ii) That further ongoing discreet investigation, Justice Pindiga is observed to have illegally enriched himself through corrupt means. Part of the illegitimate proceeds suspected to have accrued to Pindiga includes the underlisted:
a) Two (2) completed blocks of six (6) units 2 bedroom flats in Federal Low Cost Estate in Gombe metropolis;
b) Four (4) units of bungalow 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.
iii) From all indications, it is apparent that Pindiga, who is a very Senior Justice in Gombe State, is highly corrupt. His 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 is 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”.
The complaint containing the allegations of corrupt practices against the Hon. Judge were conveyed in a letter Ref No. DGSS71/3161 and dated 26th February, 2016, written by the DSS to the Hon. Chief Justice of Nigeria and Chairman of the National Judicial Council. The petition was not supported by a verifying affidavit deposed to by the DSS, as required by the National Judicial Council Discipline Regulations 2014. 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.
By letter Ref No. LSD.232/4/68 dated 6th May, 2016, to the Council, the DSS deposed to a verifying affidavit in respect of the allegations against Justice Pindiga.
On the directive of the Council, Hon. Justice Mu’azu Pindiga responded to the allegations against him by DSS. 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.
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.

8.8. RE: HON. JUSTICE NNAMDI DIMGBA OF FEDERAL HIGH COURT ABUJA DIVISION
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.
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.

9. Council meticulously considered the entire unfolding events that led to the arrest of the Judicial Officers and the misinformation and disinformation making rounds in both 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.
10. Council noted particularly, that from the available records, the DSS forwarded only two(2 no.) separate complaints containing allegations of Corrupt Practices against Hon. Justice Pindiga; and corrupt practices and professional misconduct against Hon. Justice Dimgba.
11. 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.
12. 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.
13. 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.
14. 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 Supreme Court and Court of Appeal were received by the respective Honourable, the Chief Justices of Nigeria and Chairman of the National Judicial Council. Eighty-two (82 No.) 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 (38 No.) of the Judicial Officers were recommended to the President or Governor where applicable, for compulsory retirement from office; while twelve (12 No.) were recommended to the President or Governor as the case may be, for dismissal from office.
In conclusion, Council wishes to state 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.
3) 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.
4) That the action of the DSS is a denigration of the entire Judiciary, as an institution.
5) 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.
6) 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, victimization or suppression.
7) 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.
9) At the end of the Meeting, Council unanimously agreed to recommend Hon. Justice W. S. N. Onnoghen, CFR, as the most senior, suitable and competent Justice of the Supreme Court to President Muhammadu Buhari, GCFR, for appointment as the next Chief Justice of Nigeria to succeed Hon. Justice Mahmud Mohammed GCON who retires from office on 10th November, 2016.

Soji Oye, Esq
Ag. Director (Information)
http://politicsngr.com/national-judicial-council-reacts-arrest-high-court-judges-bars-dss-arraignment/

cc : lalasticlala

NJC are bunch of Corrupt clowns, shielding corrupt Judges since time immemorial

OlujobaSamuel:
abeg no mind dose yeyenatu njc jare, dey no even talk about d travelling out to collect doe oo, dey no talk about the cctv capture for supermarket, dey wan com dey form for us. we get plenty ordinary citizens for AT in diff facility all over the nation, i care less if dem join the elites too. make e no beta for anyone that will prevent the nations growth for his own individual gain, including the president if thats his aim.

Those stories of CCTV clips and travelling out for collection of money were just stories put out there to whip up maximum opprobrium and sentiments against the judges and to cover up their illegal actions.

The fact is that as clearly stated in the communique from the NJC, the DSS acted outside their job descriptions and powers so their actions were illegal so how do you expect the NJC to consider what was not brought before them as evidence? Is it the fault of the judges that they failed to comply with laid down procedures? The fact that ur child must eat to survive and not go hungry does not mean u will tear his/her stomach open to put the food in faster and more directly, that is guaranteed murder! Even if the child is crying, u must cook/prepare whatever meal, it must cool down to a palatable temperature and even then u will not push d food through the nose, the child must eat properly. Still indigestion might pose a problem which u must still resolve for nutrition and subsequent survival to be achieved.

It is the same way in which no matter how d FG chooses to titillate the senses of the masses through actions labelled as war against corruption, if they don't follow the statutory and regulatory procedures for investigating, prosecuting and punishing alleged corrupt persons, it will all amount to nothing but intimidation and dramatic ineptitude. Good intentions alone are not enough and can even be interpreted in a negative light if the FG is not diligent and mindful of the rule of law which they have sworn to uphold.