ABUJA – The National Judicial Council, NJC, has described as “unacceptable”, call by the Nigerian Bar Association, NBA, for judges currently under investigation over allegations of corruption, to step down until their innocence is fully and completely established.

In a statement Friday night, the NJC which is headed by the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, said it would neither suspend nor ask any of the accused Judges to proceed on compulsory leave as recommended by the NBA, insisting that such action would contrary to the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

It said: “The National Judicial Council is not unaware of the judgment of the Court of public opinion on the recent events between the Department of State Services (“DSS”) and the Judiciary; and the various views expressed by Legal Practitioners, Academics, Politicians and the general public, particularly the current position of the President of the Nigerian Bar Association to wit:- “We therefore strongly recommend that, without prejudice to the innocence or otherwise of the Judges involved in the ongoing investigations, they should recuse themselves from further judicial functions or required to proceed on compulsory leave until their innocence is fully and completely established or until the conclusion of all judicial or disciplinary proceedings”.

“NJC is constrained to inform the general public that its Constitutional mandate is to process and recommend to the Executive at the Federal and State levels, the appointment, and or the removal of Judicial Officers from office, including exercise of its disciplinary control of suspending and or warning Judicial Officers; after complying with due process and the Rule of Law.

“Since the creation of NJC vide the 1999 Constitution of the Federal Republic of Nigeria, as amended, it has exercised its powers and performed its functions within its Constitutional limitations.

“Thus, the current position of the Nigerian Bar Association vis-à-vis its recommendation that the affected Judicial Officers involved in the on-going investigation of Judicial Officers by the DSS, be requested to proceed on compulsory leave until the conclusion of all disciplinary proceedings against them, is unacceptable to the NJC; as it breaches the 2014 Revised Judicial Discipline Regulations formulated by NJC pursuant to Section 160 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

“It is to be reiterated also that by the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, NJC shall not be subject to the direction or control of any other authority or person while exercising its disciplinary power of control over Judicial Officers in the Federation.

“The Members of the public are hereby informed that the mechanism that will determine a Judicial Officer to be directed or requested to proceed on compulsory leave or be suspended from office, is a disciplinary power that NJC can only exercise after initiating disciplinary proceeding on the complaint or petition forwarded against the Judge, after he has been found culpable. Therefore, to act on the recommendation of the NBA, it is not only contrary to the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, but it means NJC will direct any Judicial Officer that has been petitioned even if the allegations contained therein are frivolous and baseless, to proceed on compulsory leave or be suspended from office without complying with the Rule of Law.
“That is not the understanding of NJC of the intention of the framers of the 1999 Constitution of the Federal Republic of Nigeria, as amended vis-à-vis its Constitutional powers and functions on initiation of disciplinary proceedings culminating in suspension of Judicial Officers. Thus, to act on the request of the Departments of Government and the recommendation of the NBA, the 808 Judicial Officers that had been petitioned and accused of professional misconduct and or corrupt practices, without investigation by NJC, would have all been suspended or sent on compulsory leave and the Courts would have been deserted.

“NJC is not unmindful of the concern of the public on a situation whereby a Judicial Officer is being investigated and or prosecuted for commission of a criminal offence such as Murder or Robbery; and whether he is not supposed to be requested or directed to proceed on compulsory leave or be suspended from office. In the circumstance, unless the Subject Judge accused of commission of the offence of Murder or Robbery is petitioned to NJC, it shall not assume the disciplinary power of control over Judicial Officers to suspend or direct the Subject Judge to proceed on compulsory leave.

“Thus, NJC can only direct any Judge alleged of committing such criminal offences, to go on compulsory leave or be suspended from office if he has been investigated and found by NJC culpable of misconduct.

“The participation of NBA Members in the Emergency Meeting of NJC was necessitated by the unfolding events between the DSS and the Judiciary, bordering on administration of Justice.

“Suffice it to say that the decision of NJC in respect of the recent events and the current state of the Judiciary, particularly in condemning the invasion and arrest of the Judicial Officers by the DSS and considers it as a threat to Independence of the Judiciary, which portends great danger to our democracy; and a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the Judiciary, was unanimously taken by the Members of the Council present, including the President and other Members of the Nigerian Bar Association at its last Emergency Meeting which was held on 11th October, 2016”, read t statement signed by Acting Director of Information at the NJC, Mr. Soji Oye.

It will be recalled that the NBA had on Thursday, said it was necessary that the judges stepped down in order not to only protect the sanctity and integrity of judicial processes that may involve the judges concerned, but to also safeguard the public image of the judiciary as an institution.

richidinho:
As if all the allegations against Kyari, Amaechi, Dogara Sarki, Dambazzau, Burantashi and Fashola are baseless

When are they steping aside for thorough investigations?

ganye1:
As usual they are using technicalities to avoid doing the right thing. It is weird for a judge facing such weighty allegations of corruption to continue presiding over cases. Decency demands that they step aside until they clear their named.

AirFireEarthH20:


So if you are a judge, if anyone who doesn't like your face lay false accusation againt you, you would asked to be suspended or proceed on compulsary leave? You really don't understand the games those guys in Aso Rock are playing. Smh

ganye1:
As usual they are using technicalities to avoid doing the right thing. It is weird for a judge facing such weighty allegations of corruption to continue presiding over cases. Decency demands that they step aside until they clear their named.

kahal29:
I see Danger ahead.... Since NJC has constituted itself to another arm of Government I see a situation where PMB will refuse to forward the name of the next CJN they submitted to him to the Senate and ask NJC to send it to the Senate directly since they are now an arm of government. This would mean that by the time the present CJN Retires on the 10th of November we won't have a replacement and nobody to chair the NJC.

AirFireEarthH20:


So if you are a judge, if anyone who doesn't like your face lay false accusation againt you, you would asked to be suspended or proceed on compulsary leave? You really don't understand the games those guys in Aso Rock are playing. Smh

ganye1:
As usual they are using technicalities to avoid doing the right thing. It is weird for a judge facing such weighty allegations of corruption to continue presiding over cases. Decency demands that they step aside until they clear their named.

kcnwaigbo:

But it is okay for people like Buhari, Amaechi and Onu to remain in office even after been accused of corruption?

kcnwaigbo:

I think you are a very sick hypocrites!!! You don't even have an iota of shame!!! Tufiakwa gi!! Imagine what someone can spew!!

kcnwaigbo:

I think you are a very sick hypocrites!!! You don't even have an iota of shame!!! Tufiakwa gi!! Imagine what someone can spew!!

ganye1:

I only engage only those who are civil in their manners. Good night.

ganye1:
As usual they are using technicalities to avoid doing the right thing. It is weird for a judge facing such weighty allegations of corruption to continue presiding over cases. Decency demands that they step aside until they clear their named.

ganye1:

No, it is not okay but you must note that it is not possible to deal all criminals at the same. If this government cannot deal with some of the criminals the next government should do so. Meanwhile I am happy that some of them are being dealt with.

kcnwaigbo:

So seriously, you don't see anything wrong with the hypocritical position you took? That view my dear is the ultimate form of corruption. You are even worse than the people you are condemning

ganye1:

Please, how old are you? No offence intended.

ganye1:
As usual they are using technicalities to avoid doing the right thing. It is weird for a judge facing such weighty allegations of corruption to continue presiding over cases. Decency demands that they step aside until they clear their named.

kcnwaigbo:

The NJC represents another arm of government. This is elementary government and am surprised you are ignorant of this.To your last point if there is no CJN, when Buhari's tenure ends in may 2019,There will be no one to swear him in!!! Nigeria is bigger than Buhari or anyone.If Buhari promotes anarchy, he will be the one to lose out in the end

kahal29:


Pls kcnwaigbo, NJC does not represent and is not an arm of government. Am surprised you are saying this.... NJC is an Executive body. Precisely, The National Judicial Council (NJC), is an executive body established by the Federal Government of Nigeria in accordance with the provisions of Section 153 of the 1999 Constitution. It's work is to protect the independence of the judiciary but that does not make it an arm of government rather it protects an Arm of government which is the judiciary.

http://www.njcgov.org/aboutus/aboutusprofile

Like I said earlier, it is one of the Federal Executive Bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria. Others include:

(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Population Commission;
(j) National Security Council;
(k) Nigeria Police Council;
(l) Police Service Commission; and
(m) Revenue Mobilisation Allocation and Fiscal Commission. copied from 1999 constitution.

http://publicdata.ng/constitution1999/chapter-vi-part-i-b-establishment-of-certain-federal-executive-bodies/

http://www.waado.org/nigerdelta/documents/ConstitutionalMatters/1999Constitution/ThirdSchedule.html