The National Judicial Council has reacted to the raid carried out by the Department of State Security Services on the homes of some judges who were arrested late on Thursday night.
Read the full statement below:
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 11th October, 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.
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