₦airaland Forum

freeze001:
I will answer on the premise that the judge in question is guilty. Remember it may not always the case even though the police says so.

Murder has no bearing on his profession and does not fall within the description of professional misconduct but can bring the profession into disrepute.
He can be arrested in the course ofthe commission of any crime without recourse to the NJC. In other words, if the story of seeing a judge on cctv collecting money is true, the police would have been perfectly in order to arrest him and all others involved on the spot. The question will now be to connect the collection of such money and the parties involved to any case for which the judge may be influenced and whether any judgment to that effect has in fact occasioned a miscarriage of justice ie if judgement had been given and he was then 'taking his reward'.

However, if any criminal matter is as a result of suspicion and subsequent investigation, the NJC must be involved because it is important to strip him of his office before trial commences. In other words, with the evidence before the NJC they will suspend d erring judge and recommend him for dismissal and prosecution.

1. It amounts first to professional misconduct and then a crime. By reason of being a judge he is subject first to the NJC. So he must first be disassociated from the profession by the NJC before the criminal aspect of his offence is prosecuted.

2. Yes, the police can investigate crime. Note that the DSS is not the police. They have a different and clearly spelled out mandate which has nothing to do with professional misconduct, corrupt practices of public officers or financial crimes/inducements unless related to terrorism matters.

3. No, they are not under immunity from prosecution. See answer to question 1 for statutory procedures.

4. Yes, the police can arrest on suspicion of crime.

However, the nature of the judiciary and the sensitive jobs of judges requires the extra procedure of internal disciplinary measures which ensures the independence of the Judiciary which is the bedrock of every democracy. The simplementations reason is that the police cannot arrest and detain indefinitely. The arrested person is required by law to be brought before a court in the interest of justice and fair hearing. If the police bring a serving judge before a fellow judge, that is an anomaly and aberration which the law frowns against.

The police cannot also strip him of his office, that is the role of the NJC which recommends such an erring officer for dismissal to the appointing Governor or President as the case may be. A high court judge will naturally be intimidated by having to stand in judgment against a Supreme Court judge like the CJN or Chief Judge for instance who probably swore him into office so to remove that possible fear of intimidation, the erring judge must lose that office first. Seniority at the bar and bench is not toyed with and respect for same is ingrained even from law school and subsequent practice.

It is just like a police officer caught taking bribe. He must first be subjected to an orderly room trial and dismissed for professional misconduct and then he is prosecuted for bribery and corruption.

freeze001:
The reason a judge may demand or receive bribe is his position or office as a judge. It is therefore in his capacity as a judge that he may have committed any offence. That amounts to professional misconduct and falls squarely within the ambit of the NJC to the exclusion of all others because he is a judge.

If a director in a parastatal demands bribe in his official capacity, the first recourse for disciplinary action against him is from within his office because it is a professional misconduct. He may then be relieved of his position and then prosecuted.

These measures are in place to guarantee some independence from other arms of government.

freeze001:
There is no immunity but there is rule of law and due process. We are not a lawless banana republic just yet!

First the SSS/DSS has its powers and mandate confined to matters of internal security. The allegations against the judges centre around professional misconduct, alleged solicitation and receipt of bribe in connection with his professional capacity as a judge. If u juxtapose these positions dispassionately, u will find that these alleged offences do not fall within the ambit of the DSS.The judges are not accused of armed robbery, rather there are allegations (according to the purported search warrants that have made the rounds) of falsehood, under declaration of assets and corrupt practices. None of these allegations are independent of their professions. The CCB is responsible for irregular declaration of assets not the DSS. In this case, the law broken is that of the establishment statute of the SSS.

Secondly, in keeping with the principles of democracy and constitutionality, each arm of government has internal regulatory mechanisms related to professional conduct and disciplinary measures. None of the allegations are independent of their professions. Therefore, such allegations must first be brought by way of petition to the NJC constitutionally charged with d role of discipline of judges among others as far as it borders on professional misconduct. If u have read d communique u will find clearly that the DSS never filed petitions against the Supreme Court justices. That against Pindiga was addressed and dismissed because the DSS could not substantiate their allegations. Tsamiya had already been suspended and recommended for a sack same as d former Chief Judge of Enugu. Ademola was already before the NJC by another individual and not the DSS! So, the DSS breached constitutional procedures and that is the law broken.

Dosinspector:
Why do i find it difficult to believe this chibok story

The BringBackOurGirls (BBOG) has described the release of 21 Chibok schoolgirls as a “wonderful development,” saying it knew President Muhammadu Buhari could secure the release of girls.

On Thursday, the government announced the release of the schoolgirls, explaining that they were released after a successful negotiation with the Boko Haram sect.

According to Garba Shehu, presidential spokesman, the negotiation was brokered by the International Committee of Red Cross and the Swiss government.

Reacting to the development in a statement signed by Aisha Yesufu and Oby Ezekwesili, the advocacy urged the government to work towards ensuring the well-being of the released girls.

“We welcome reports from the Presidential Spokesperson, Garba Shehu, of the negotiated release of 21 of our abducted #ChibokGirls today,” read the statement.

“This wonderful development confirms what we have always known about the capacity of our goverment to rescue our #ChibokGirls.

“While awaiting further details, we take this opportunity to salute the work of our security services at the front lines — the commitment, resilience and tireless efforts of our members of the Multi-national Joint Task Force and the civilian JTF. We also thank the International Committee of the Red Cross, the Swiss government and all negotiators involved in securing the release.

“Following this development, we trust that our government will continue to work to keep the safety, security, and well-being of the other girls a high priority.

“We further urge the international community to continue to support our government’s effort to rescue all other abducted Nigerians, so that parents, the Chibok community, the nation, and the world can finally put an end to this nightmare once and for all.”

The BBOG statement contradicts previous utterances of the group, which doubted the capacity of the president to rescue the girls.

“Mr President you are a failure, I dare President Muhammadu Buhari, you should stand up and behave like a man,” Aisha Yesufu, a leader of the group, said only in August after the police barred the movement from entering the villa — the second time in four days.

Mynd44:
https://www.nairaland.com/3404896/21-chibok-girls-released-boko

slyng:
The same treatment was melted to PMB but their hero was the first to congratulate him. They lack issue - based campaign.

DDeliverer:
If PDP fails to win Edo election it would mean two things...

1.they will never win any election in their life ever again in the history of this country as this is their best chance...

2.it would also mean Edo people are fools..


If I am still in this gaddam con3 by 10th of next month, na PDP I go vote...

Bethelwealthy:
a video upload has 36K "likes" and you are here posting and celebrating few comments that abhors PDP.
How abt you show all the comments, both for and against so we can be sure of what side the pendulum swings....................
Better be prepared for a defeat...........
its coming!