THE POSITION OF THE NATIONAL
JUDICIAL COUNCIL ON THE RECENT INVASION OF THE RESIDENCES AND ARREST OF
JUDICIAL OFFICERS BY THE DEPARTMENT OF STATE SERVICES (DSS)
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:
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.
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.
8) 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)
No comments:
Post a Comment