EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules - Politics - Nairaland
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| EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by exlinklodge: 4:25pm On Dec 11, 2017 |
Breaking News: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules Isn't this a further rape on Nigeria democracy? The Lagos Division of the Court of Appeal has ruled that the Economic and Financial Crimes Commission, EFCC does not have powers to investigate or prosecute serving judicial officers except where such officers have been dismissed by the National Judicial Council. The judgment was delivered in a suit between the EFCC and a judge of the Federal High Court, Hydiazira Nganjiwa. The appellate court’s decision overturned the earlier decision of a high court in Lagos. Many serving judges including from the Supreme Court are currently being prosecuted for corruption by the EFCC and this simply means they now have immunity over any prosecution. Details later… more @ http://www.exlinklodge.com/2017/12/breaking-efcc-lacks-power-to-prosecute.html cc seun lalasticlala mynd44 missyb3 2 Likes
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| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by freeze001(f): 4:28pm On Dec 11, 2017 |
Hmmm When dem dey tell these idiots say due process requires that recourse be had first to d NJC before prosecution, they were shouting about fighting corruption. The Judiciary is designed to be largely self-regulated and independent to avoid intimidation by other arms yet the despot-in-chief chose to ride roughshod over every sense of reason. Corruption should and can be fought within the ambit of existing laws, media trial will only backfire! 9 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by three: 4:30pm On Dec 11, 2017 |
EFCC just dey play ringa-ringa-roses wit corruption. After all who dey carry fire fight fire. 3 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by frankyychiji(f): 4:35pm On Dec 11, 2017 |
three:That's exactly their problem, overzealous approach. It was Buhari who started it by stewpidly denigrating judges as soon as he assumed power. How do you do that to a separate arm of government and expect their cooperation? He probably thought judges were the noisemaker ministers lapping up to him to be appointed. How Nigerians ever thought Buhari could lead this country to great heights still baffles me. 3 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by aolawale025: 4:51pm On Dec 11, 2017 |
We cannot say because we want to "fight corruption" we throw away the law. The NJC is the statutory body to discipline judges 3 Likes 2 Shares |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by id911(m): 4:52pm On Dec 11, 2017 |
freeze001: Those illiterates BMC agents that were opening useless threads and dancing naked about those judges should now learn about rule of law. When we argue that NJC must have been engaged by the govt and got those justices suspended or dismissed first, they were doing their usual media abracadabra by shouting DSS and Buhari will deal with them. BMC, una eyes never clear now? BMC and DSS, who pulled down justices homes are full of illiterates employees 3 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by agbangam: 5:35pm On Dec 11, 2017 |
freeze001: Dey steal, sell judgement to d higest bidder, lock up d poor while give unneccessary adjorment to cases involving looters but here u are condenming EFCC for trying hard to deal with d maggots in our Judiciary system. Well i keep telling my friends dat d best way to please Nigerians is by looting and given dem crumbs. They (Nigerians) will hail u to high heavens. What a country; What a people. 8 Likes 2 Shares |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by GavelSlam: 5:48pm On Dec 11, 2017 |
Judgement must be appealed . 1 Like |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Nobody: 5:53pm On Dec 11, 2017 |
This is illegal Immunity for all serving Judicial officers  I am waiting for the House members to establish theirs  3 Likes |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Caseless: 5:57pm On Dec 11, 2017 |
Corruption has always enjoyed a smooth ride through the judiciary. Do they have immunity? Who's that judge that gave the judgement? I give up! 4 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Daviddson(m): 5:58pm On Dec 11, 2017 |
It's now a case of "let's protect our own too". Buhari must give EFCC a free ride to hound any of his appointees no matter how close they are to him. Where's David Lawal's case today? Taking back the stolen money from them secretly is not justice. The public should be aware and they should suffer the rigour of prosecution, too. 4 Likes |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by freeze001(f): 6:00pm On Dec 11, 2017 |
agbangam: freeze001: Did u read this part? Did u understand? Until this space is officially declared a banana or jungle republic with no respect for the law, it remains bound by the rule of law which the courts interprete in the event of any ambiguity. No one says the judges are 100% clean. However laws are meant to cure the ills of the society. It is the law that the NJC is the first port of call for judicial officers, the executive through the EFCC cannot arbitrarily investigate, arrest and try any judge without the preliminary involvement of the NJC which must first vet whatever evidence and where valid, recommend the dismissal and trial of any errant judge. It is what it is, simple and short! Even the president and his EFCC are even more rotten! For instance, could anyone charge Magu to court on d strength of the DSS report against him without the administrative process of an internal investigation? After their investigation, his boss refused to act further so can d power of any court be invoked on the strength of that report? That is how it is for judicial officers. 5 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Paperwhite(m): 6:07pm On Dec 11, 2017 |
Condoning illegality of the EFCC is an illegality in itself.Whatever that goes around definitively comes around too. 3 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by wirinet(m): 6:10pm On Dec 11, 2017 |
freeze001: Sorry what happens if the NJC is partial and refuses to dismiss a judge that the EFCC has iron clad evidence against? In that case no member of a professional body should be prosecuted by any agent of government unless he is dismissed by the parent body. No civil servant must be prosecuted unless dismissed by the office of head of service of the federation. No legislative office should be prosecuted unless he or she is dismissed by the state or national assembly. In fact no agbero should be prosecuted unless he is dismissed from the Union he is a member of. 4 Likes 2 Shares |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by freeze001(f): 6:25pm On Dec 11, 2017 |
wirinet: U fail to understand these provisions. If a civil servant is caught in the act of armed robbery, rape or issuing a dud cheque for instance, these offences have nothing to do with his employment so civil service rules do not apply. However, if a serving director fraudulently defrauds his office, his removal from office is only on the strength of an internal administrative process where he must have been heard, found wanting and subsequently suspended or dismissed to allow for further investigation and prosecution. Subjecting a serving judge to the acrimonious process of an external investigation and prosecution taints the integrity of the judiciary. That is why the NJC must first be invited to first strip an offending judge of his office provided his offence is one committed in the course of his statutory duties eg taking bribes, failing to give judgment within stipulated time and so on. It is the NJC that has power to discipline judges. Do not forget the principle of separation of powers. 5 Likes 2 Shares |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by MENZPRIDE(m): 6:51pm On Dec 11, 2017 |
wirinet: The DSS has "Iron Clad Evidence" against Mr. Magu, his Bosses at the Executive refuse to act, what has become of the case?? 4 Likes |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Nobody: 6:56pm On Dec 11, 2017 |
Useless APC EFCC  1 Like |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by wirinet(m): 7:18pm On Dec 11, 2017 |
freeze001: I disagree with you on so many levels; First the NJC is an executive committee, so it cannot be isolated from politics of the executive. The NJC had been highly partisan in the past, remember the Ayo salami case, where the chairman of the NJC was accused of interfering with a judgement. Now how can you expect the NJC to sanction itself. Thirdly, the NJC lacks the skills or the equipment to investigate criminal misconduct, it will need to rely on investigative bodies such as the EFCC and police for such. Finally, it is a miscarriage of justice to continue to sit over a case he or she is being accused of being compromised. A judge should be suspended from court proceedings of there is a case of misdemeanour against him or her. Litigants should have full confidence on the integrity of a judge. 2 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by wirinet(m): 7:30pm On Dec 11, 2017 |
MENZPRIDE: The same DSS that is shielding Maina and preventing his arrest? Iron clad evidence of what? Even thought I feel Magu should not be EFCC chairman as the Senate refused to confirm him, there is no evidence of criminal infractions by Magu in the DSS letter to the Senate. All it said were allegations such as travelling first class and being friends with alleged criminals. 2 Likes |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by MENZPRIDE(m): 7:42pm On Dec 11, 2017 |
wirinet:Good points raised, my Good Friend.... However, it is easier for you to explain Magu's case off-handedly as "mere allegations", while those against the Judges are "iron clad evidence" 4 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by GavelSlam: 8:20pm On Dec 11, 2017 |
MENZPRIDE: Stop putting words in his mouth. He never said so. He gave a hypothetical case of having iron clad evidence of wrong doing yet waiting for a body immersed in internal politics and corruption to reach a decision before such a person can be prosecuted. Where in this world would administrative procedures be superior to criminal trial? 1 Like |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by ashjay001(m): 8:49pm On Dec 11, 2017 |
frankyychiji: He doesnt want their cooperation! He just wants them to do their f*cking job! Can u claim not to have noticed a semblance of awakening, from their long slumber  !Sometimes, u have to do unorthodox things to get results! Inspite of all d insults, did they take any action? Until they were disgraced like common criminals! During that period, did u count d number of pple that came out to claim, their petitions against certain judges were not treated? Judges were even dismissed for corruption, yet not recommended for prosecution! Sometimes, u av to take a step backwards so as to take 2 steps forward! 1 Like 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by docadams: 9:42pm On Dec 11, 2017 |
freeze001: Mr man, may I ask if you are conversant with civil service rules. That rape and robbery offences are outside of civil get vice regilations. This is alien propaganda to say the least. Why new judicial regulations will embolden corrupt judges – Group September 15, 2015Ben Ezeamalu Courtroom Courtroom The recent revision of the Judicial Discipline Regulations published by the National Judicial Council will hurt the fight against corrupt judges, Access to Justice, a justice advocacy group, has said. In a statement issued in Lagos, the group said that while the revision is aimed at curtailing frivolous petitions against judges, it would weaken the integrity of the judiciary. “We urge the NJC to revisit the new Rules again and remove provisions which fetter the right and ability of citizens to make bona fide representations to the Council which the Council will act on, and provisions which limit the Council’s own power to tackle misconduct and corruption and those who engage in or profit from it,” said Joseph Otteh, Director, Access to Justice. The revised regulations state new rules governing the receipt and consideration of complaints against judges. A few weeks ago, a mother of four, Emily Richard-Obire, filed a petition against Olamide Oloyede, a judge in Osun State, accusing her of amorous relationship with her husband. Ms. Oloyede shot into national prominence after she submitted a petition to the Osun State House of Assembly calling for the impeachment of Rauf Aregbesola, the state governor, for alleged financial recklessness. Revised regulations According to Mr. Otteh, the NJC’s regulation placing a time limit on petitions is “overtly intrusive.” Rule 4(1) of the revised regulations states: “A complaint must be made within six months of the event or matter complained of, provided a complaint relating to a continuing state of affairs may be made at any time while the state of affairs continues or within six months from when it ends”. Mr. Otteh said that in many instances, cases of misconduct, particularly those concerning corruption occurring in the course of a judicial adjudication are only known after the fact, and there is usually no timeline for coming to the knowledge. “In most cases, the corrupt conduct of a judicial officer may only become public knowledge following a careless slip or from the irrepressible work of investigative reporters,” Mr. Otteh said. “Whenever the facts become known, let due process follow. There should be no statute of limitations applicable to judicial corruption or misconduct. Our fight against corruption in the administration of justice ought to run a free course.” On another part of the regulation that requires a complainant to be “accompanied by a verifying affidavit deposed before a court of record,” Mr. Otteh said that it stretches the responsibility for credibility “a little too far”. “It also technicalizes what ought to be simple, accessible and straightforward procedure or action for two major reasons: first, many otherwise valid complaints may be made by people who lack information of the technical requirements now being imposed by the Council,” said Mr. Otteh. “If aggrieved people make credible complaints against judges and these complaints are peremptorily discountenanced because they have not complied with a stated procedure or because they lack some formality, the Judiciary deprives itself of fair and early warning that a person of questionable integrity may be in its midst. “This will not do justice to the complainant, to the cause of justice, nor, too, to the Judiciary and society. Insisting that whistle-blowers or informants must verify the ‘truth of the facts alleged’ can act as a strong disincentive to whistle-blowers or informants (who already run risks for leaking relevant information) to come forward with that disclosure. “Effective complaint systems encourage, and not stifle feedbacks or complaints even when offered anonymously.” Access to Justice further stated that the primary concern of the NJC should be seeking ways to eradicate corruption within the judiciary and not limiting the channels of exposing it. “In fairness, the NJC must concede that the rule is also possible to misconstrue even by people with reasonable literacy levels,” said Mr. Otteh. “In any event, it should be said that the duty to investigate, verify and substantiate a complaint in relation to a crime is the responsibility of the police, in the same way it is the responsibility of a disciplinary body like the NJC and not the complainant to investigate and substantiate a complaint. There is no legal justification for pushing that duty to the complainant. “We understand that the NJC, by these Guidelines, wants to safeguard against unnecessary petitions but that objective can be achieved without encumbering the accessibility of the NJC’s complaint process with unnecessary legalisms. “While A2Justice will support efforts to reduce inordinate pressures on time and concentration of judges, we urge that judicial integrity should not be sacrificed for technicalities of form and time.” 1 Like 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by wirinet(m): 10:03pm On Dec 11, 2017 |
MENZPRIDE: I never explain Magu's case off-handedly, I said DSS did not accuse Magu of outright criminality, what they were concerned about were his integrity and morals. I never said allegations against judges were iron clad, I said " what happens if the NJC is partial and refuses to dismiss a judge that the EFCC has iron clad evidence against?" What if is a hypothetical serenio. Just as the executive needs checks and balances, the judiciary also need some levels of checks and balances, it should not be law unto itself. 1 Like 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Antipob777(f): 10:11pm On Dec 11, 2017 |
I condemn this judgement, i condemn it, i condemn it. This is a rape on our judiciary system and rule of law. Under the EFCC Act, they have all powers to arrest, investigate and prosecute anybody except those with immunity. DSS should as a matter of urgency arrest the judge that gave this ruling. I know Igbos pigs and idiots will be celebrating this because its in there DNA. If this judge is not arrested, we the Nigerian youths against corrupt practices will shut down all activities in the country. 2 Likes 1 Share |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by Nobody: 10:12pm On Dec 11, 2017 |
[quote author=Daviddson post=63191314]It's now a case of "let's protect our own too". Buhari must give EFCC a free ride to hound any of his appointees no matter how close they are to him. Where's David Lawal's case today? Taking back the stolen money from them secretly is not justice. The public should be aware and they should suffer the rigour of prosecution, too. [/quote Stop bring ignorant or sentimental. The rule of law and our constitution is supreme if not the executive will become dictator and there will be anarchy. Even Buhari is gradually beginning to realise that we are in democracy.] |
| Re: EFCC Lacks The Powers To Prosecute Any Serving Judge - Appeal Court Rules by wirinet(m): 10:15pm On Dec 11, 2017 |
GavelSlam: God bless you my brother. Nigerians judges also want immunity from criminal prosecution using the NJC as a cover. Now tell me what happens if a lady accuses a high Court or even a supreme Court judge of sexual harassment ( as is the latest fad in town)? Do the grey haired old men at the NJC have the capacity to investigate sexual harassment cases? If the allegation is financial crimes or money laundry, can the grew wigged men of the NJC investigate financial crimes? 1 Like 1 Share |
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