Legal Nigeria

The executive, not the National Judicial Council (NJC), should be blamed for corruption among judicial officers, the Chief Justice of Nigeria (CJN), Mahmud Mohammed, has said.He said the failure of the executive to act upon recommendations by the Commission cannot be blamed on the NJC.Justice Mohammed made the clarification in a reply dated October 26 to a petition written by the Socio-Economic Rights and Accountability Project (SERAP).The reply, marked No.CJN/Gen/MISC/A37/Vol.XXI/8 and signed by the CJN’s Senior Special Assistant, H. S. Sa’eed, was in response to SERAP’s request to Justice Mohammed, requesting him as the NJC chair to “take over from the Department of State Service (DSS) the cases of all the seven judges released by the DSS and refer the cases of those judges to anti-corruption agencies for conclusion of investigation and prompt prosecution.”

“Certainly, you will agree with me that where there are clear constitutional provisions relating to the power of any individual, institution or arm of government, then it cannot deviate, nor exceed such powers as this will be unlawful”, the CJN was quoted as saying.The letter reads in part: “While restating the willingness of the NJC to act upon any petition as well as commitment of the judiciary to the fight against corruption, his Lordship opines that any significant involvement in the fight against corruption will be upon a similar commitment of the Prosecutorial Agencies to actively prosecute their cases expeditiously when information about same is received.”“It is necessary to restate that the NJC is a creation of the 1999 Constitution (as amended) being established under Section 153 with its mandate clearly set out in Para 21, Part One of the Third Schedule to the Constitution. This provision clearly stipulates at Para 21(b) and (d) that the Council may only ‘recommend’ to the President and the Governors, the removal from office of judicial officers and to exercise disciplinary control over such judicial officers, which in effect is the extent of its power to discipline. Hence, the Council cannot, suo motodismiss any judicial officer.“The NJC can also neither ‘hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption, as you have suggested. It can merely recommend to act upon its findings, as it has always done.“However, in exercise of its constitutional mandate, the NJC has enacted the Judicial Discipline Regulations, 2014 in order to ensure that petitions are received, investigated and addressed as appropriate. As SERAP’s own Report attests, 64 judicial officers have been disciplined within five years even preceding the institution of the new guidelines. Any failure on the part of the executive arm of government to act upon such recommendations cannot therefore be blamed upon the NJC.“With due consideration to the contents of your letter, I am directed to acknowledge and address the concerns which SERAP have raised, which may reflect the wider opinion held by some Nigerians. While his Lordship doubtless appreciate SERAP’s concern for the incidence of corruption in the judiciary, it is indeed erroneous to conclude that the NJC has ‘felt satisfied with applying only civil sanctions and have not deemed it fit to hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption’, as insinuated in your letter under reference.“To be sure, every citizen inclusive of judicial officers, are entitled to the protection of the law and a key provision of the Constitution is the presumption of innocence, as enshrined in Section 36(5) of the Constitution (as amended). I must also remind us that the seven judges like all other persons are entitled to a fair hearing as stipulated in Section 36 of the Constitution. As such, it would be presumptive and indeed preemptive to sanction the said judges without exhausting the proper procedure for their removal.“As a valuable member of the society, the Hon. CJN is certainly delighted with SERAP’s dedication to justice, fairness and justness. His Lordship also wishes to emphasize that it is indeed our collective responsibility to tackle any perceived challenges facing the Nigerian judiciary.“Indeed, with the support of well-meaning and eminent Nigerians such as members of SERAP, giant strides will be made towards reaching the goal of a transparent, fair and equitable system of justice. The Hon. CJN wishes you the best in your future endeavor as SERAP strives to support and entrench good governance in Nigeria.”SERAP, through its Executive Director Adetokunbo Mumuni, had on October 11, expressed concern that “the NJC has for many years failed to appropriately deal with several cases of corrupt judges by failing to refer those cases to the EFCC and ICPC for prosecution.”The group alleged that the judges accused corruption “are still alive and their cases should be promptly referred to the anti-corruption agencies.”It urged the CJN to exert his position as the NJC chair to take advantage of the affected seven judges to comprehensively address corruption in the judiciary.SERAP said: “The NJC is in the best position to tackle corruption within the judiciary, and to ensure the application of appropriate disciplinary and legal measures in the cases of the released seven judges and other judges suspected of engaging in corruption.”Insisting that corrupt judges should face prosecuted, the statement said: “SERAP believes that corrupt judges should not merely be retired where there are clear allegations of corruption against them. Corrupt judges must not also be allowed to keep their ill-gotten wealth, or receive their pension and retirement benefits, as if they have done no wrong while the victims of their corrupt acts are left without an effective remedy.”“SERAP believes that corrupt judges are more dangerous to the society than corrupt politicians because a corrupt judiciary denies both victims of corruption and those accused of corruption access to an independent, impartial and fair adjudication process. No country can succeed with corrupt judges as there can’t be no rule of law, development, justice and enjoyment of human rights when judges are corrupt.”“Judicial corruption is antithetical not only to human rights and good governance but it also directly undermines the ability of government to satisfactorily combat corruption. Judges should not be allowed to avoid accountability for corruption if judicial impartiality and independence is to be held sacrosanct and access to justice is to be effectively achieved.”Source : The Nation 

Women numbering over 100 on Wednesday stormed the Federal High Court in Lagos, chanting solidarity songs on the freezing order placed on the bank accounts of ex-First Lady, Mrs Patience Jonathan. The News Agency of Nigeria (NAN) recalls that the Economic and Financial Crimes Commission (EFCC) had on Sept. 22 ordered the freezing of some bank accounts belonging to Jonathan. The Commission had said the action was due to the ongoing investigation into the alleged money laundering charge preferred against her.

Meanwhile, Jonathan in a fundamental rights suit instituted against the EFCC, is asking for a court order, directing the unfreezing of her accounts. She is also claiming the sum of 200 million dollars against the commission as damages for allegedly infringing on her fundamental rights.

 On Wednesday, women numbering over 100, who dressed in traditional attire with head gears, stormed the premises of the Federal High Court in Lagos to protest the freezing order. The News Agency of Nigeria (NAN) reports that the placard-carrying women, chanted songs in Ijaw and English Languages. Some of the inscriptions read: “Ijaw people are in solidarity with Jonathan”, “Unfreeze ex-President Jonathan’s wife’s account”, “We urge EFCC to abide by the rule of law”, “Women must be heard.” Immediately after the court rose, the women trooped in their numbers toward a vehicle belonging to the EFCC, chanting solidarity songs. Meanwhile, Justice Babs Kuewumi has fixed Dec. 7 for the hearing of the suit.

Vanguard 

Senator Gbenga Ashafa

She was a dream child. Brilliant and highly religious. Popularly called Alhaja, she was brought up in a humble home, where she learnt sound moral values. Fate, however, played a fast one, when, at a social function, she met this dashing youngman. She fell in love and love led her to drugs. She had no idea that this chance meeting would lead to her end. One day, she was caught with drugs on her way to India.Today, Alhaja is a story told. She is one of the thousands of Nigerians rotting in foreign jails, as a result of drugs. Only in July, Indonesia executed four convicted drug traffickers, including three Nigerians. Izuchukwu F. Ezimoha, one of the Nigerians killed, was, however, given a heroic burial by his people of Ezigbo, Ihiala Local Council of Anambra State in August.Worried about the increasing rate of drug trafficking and its consequences on the country’s image, the Nigeria Senate is taking a critical look at the National Law Drug Enforcement Agency Act CAP N 30, 2004, with the view to amending it for stiffer penalty.

The country actually flagged off its narcotic control efforts in 1935, when the Dangerous Drugs Ordinance was enacted to control drug trafficking and abuse. Subsequent governments made concerted efforts to stay on top of the drug problem.In 1984, Nigeria recorded a landmark effort when the Federal Military Government, of Gen. Muhammadu Buhari/Tunde Idiagbon promulgated the Special Tribunal (Miscellaneous Offences) Decree No. 20 of 1984 to frontally confront drug trafficking within the Nigerian shores. Section 3 (2) (K) of the Decree provided that “any person who, without lawful authority deals in, sell, smoke or inhale the drug known as cocaine or other similar drugs shall be guilty under section 6 (3) (K) of an offence and liable on conviction to suffer death sentence by firing squad.However, Gen. Ibrahim Babangida, who took over power in August 1985, the law amended the Decree by expunging the death penalty clause, while substituting it with imprisonment terms ranging from two years to life.Based on a recent data gathered by Legal Defense and Assistance Project (LEDAP), almost 300 Nigerians are currently on death row in prisons across Asia.According to Mr. Chinonye Obiagwu, the data independently collected by LEPAD revealed that 120 Nigerians face the prospects of death in Chinese prisons, and over 170 in Indonesia, Thailand, Malaysia, Vietnam, and five in Qatar, United Arab Emirate and Saudi Arabia. He estimated that about 16,500 Nigerians were being held abroad while most of those on death row were convicted of drug-related crimes.Leading the debate to amend the NDLEA Act, Senator Gbenga Ashafa, who represents Lagos East on the platform of All Progressives Congress (APC), expressed concern over the manner Nigerian judiciary has been handing light judgment on drug traffickers despite what the agency’s law stipulate.While presenting the Bill at the floor of the Senate recently, the lawmaker said, “the NDLEA law provides for stringent penalties for persons involved in the importation and exportation of hard drugs such as cocaine or heroin, sell or buy hard drugs or knowingly possess or use hard drugs. These penalties range from life imprisonment to 15 years, which is the minimum penalty.“In the case of Odeh V Federal Republic of Nigeria (2008), the Supreme Court held that the minimum penalty for those dealing in such drugs is a term of 15 years.“The Act specifically stipulates the maximum sentence of ‘life imprisonment and minimum sentence of fifteen years imprisonment for the above-mentioned offences in the Act. There is nowhere in the provisions of the NDLEA Act that gives to judges discretionary power to reduce the minimum sentence stipulated in the Act.”Ashafa lamented that rather than a minimum term of 15 years or maximum of life imprisonment as stipulated in the Act, for some unknown reasons, some judges of the Federal High Court have continued to pass varied/discretionary sentences short of the what is prescribed by the NDLEA Act.Buttressing his argument, the Lagos lawmaker, who said the rate at which the image of the country is being brought to disrepute over drug related offences must be checked drastically at home.Citing some instances, he said, “a welder, Shola Adeitan 32, and a scavenger, Bello Adam, 37, were sentenced to five and two years’ imprisonment respectively, for dealing in cocaine and marijuana. The judgment of the court was published online on September 27, 2016.  A 19-year-old Pakistani, Iftikhar Arslan, was in 2015, sentenced to 18 months in prison by a Justice of the Federal High Court, Lagos, for importing 25. 4kg of heroin while another 38-year-old businessman, a Federal High Court in Lagos sentenced Chibueze Onedigbo, in 2015, to 10 years imprisonment for drug trafficking.”
He added: “Despite the fact that when some of the judges pass these light terms of imprisonment, the convicts in some cases are further given options of fines, which is only available for accused persons found guilty of obstruction of the Agency or authorised officers, not for actual perpetuators of the offence.”

Ashafa decried some arbitrariness by the trial judges by not following the provisions of the NDLEA Act clearly, which he said could lead to corrupt practices. “As a matter of fact, it only encourages illicit drug practices.”According to Ikechukwu Ikeji, a legal practitioner, the country needs stiffer penalties to stem the growing penchant for drug trafficking. However, he warned, “there is no use providing stiffer penalties when the judicial and criminal process is defective. No matter how stiff the penalty, if good investigative and procedural institutional safeguards are not put in place, the problem will still persist.“Most times, it is not the punishment provision that is lacking but the poor investigative and prosecutorial system required to ensure justice. So you see culprits escaping justice because the investigator did a shoddy job or the prosecutor was below par and the defiance was good.”In another reaction, former chairman, Nigerian Bar Association (NBA), Ikeja branch, Monday Ubani, said with consideration of the effect of drug in the society, he is in support of a stiffer penalty against drug related offences.His words: “Given the dangerous effect of drug in the society and the health implications as a result of usage, any law that will imposed a stiffer penalty should be encouraged.”He also advised that the Senate should also propose similar laws against corruption. This according to him is very important going by the negative effect on the nation economy.Another lawyer, Charles Lambo, said by virtue of Section 4 of the Constitution, it is the Senate that is vested with the responsibility of making laws. “If then, the Senate consider the punishment prescribed for drug offences as too mild, it has the right to amend it, most especially, the punitive aspect of the laws,” he said.Lambo also said, “if we compare the NDLEA Acts and the entire drug laws in Nigeria with other countries Laws, one will see that Nigerian drug laws are very mild. Adding that it is the more reason why people are into it.“It will be a welcome development if the Senate makes the laws stiffer to deter people from involving in drug.Also speaking on the matter, Oluwole Kehinde, a lawyer, said there was nothing wrong with the proposal. “No punishment is too high for drug traffickers, because they are the nursing mothers of hardened criminals. However, death penalty is no longer fashionable. Subject to that caution, I support the move.”Ashafa, therefore, appealed to his fellow lawmakers, particularly, the President of Senate, Dr. Bukola Saraki, to consider the necessity of adopting his proposed amendment, which he noted would close any loophole by having a clear, unambiguous and unequivocal provision that judges cannot vary the sentences provided by the Act.According to him, “As the news of these light sentences spread, more people are encouraged to go into the drug trade, hence the phenomenal rise in the number of youths engaged in the illicit abuse of narcotic substances and of course this also contributes to the negative image of our country in the international community.”He also pointed out another minor but significant error in the principal Act, saying: “The word “heroin” was mis-spelt as “heroine”. The two words means different things and are not synonymous.

“An amendment is therefore being proposed to change the word “heroine” which means a female protagonist in a work of fiction or female hero to “heroin” which means an addictive narcotic derived from morphine which is intended in the Act.”Lastly, the Bill also sought an amendment concerning the penalty for obstructing NDLEA or its authorised officers in the exercise of any of the powers conferred on it.“The principal Act imposes a term of imprisonment not exceeding five years or to a fine of N20, 000 or both. The amendment is seeking to increase the option of fine from N20, 000 to N100, 000 because the economic reality in Nigeria today has rendered the N20, 000 fine paltry and unrealistic.Source : Guardian

°Falana, NGOs push for suspension°CJN sets up Ethics Committee
SHOULD the judges under investigation for alleged corruption be suspended?This is the question which has sparked a huge row among lawyers and Civil Society Organisations.

Under investigation by the Department of State Services (DSS) are two Supreme Court Justices -Sylvester Ngwuta and Inyang Okoro –  the suspended Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya, Justice Adeniyi Ademola (Federal High Court); the Chief Judge of Enugu State, Justice I. A. Umezulike;  Justice Kabiru Auta of Kano State High Court;  Justice Muazu Pindiga (Gombe State High Court);  Justice Bashir Sukola and  Justice Ladan Manir from the Kaduna State High Court.Of the nine judges, the NJC has recommended sanctions for Justice Tsamiya; Justice. Umezulike and Justice Kabiru Auta.The Economic and Financial Crimes Commission(EFCC) is investigating six other judges of the Federal High Court. They are: Justices Mohammed Nasir Yunusa; Hyeladzira Ajiya Nganjiwa; Musa Haruna Kurya; Agbadu James Fishim; Uwani Abba Aji and Rita Ofili-Ajumogobia.The government is insisting that the judges should be suspended from office by the National Judicial Council (NJC) to pave the way for their trial but the NJC claims the “sting operation” conducted in the judges’ homes and their arrest signal an attack on the Judiciary by the Executive.Yesterday, a coalition of Non-Governmental Organisations (NGOs) under the aegis of the Forum of Non-Governmental Organisations of Nigeria (FONGON) accused the NJC of shielding corrupt judges from prosecution.The Forum said none of the judges sanctioned by the NJC since year 2000 had been prosecuted. It said the NJC failed to investigate several petitions against judges.The chairman of the Forum, Mr. Wole Badmus, told reporters in Abuja that it was ironic that some of the judges indicted by the DSS waited until they were arrested before alleging that some public officers wanted to bribe them.Chief Justice Mahmud Muhammed, who has said the judges would not be suspended through the NJC, however, identified corruption as the major problem of the Judiciary.He spoke at the launch of the National Judicial Policy in Abuja. The CJN also set up an Ethics Committee headed by retired CJN Idris Kutigi to battle corruption on the Bench.Former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun  warned against forcing judges under investigation for alleged corruption on compulsory leave when they have not been convicted.Olanipekun said the move could precipitate anarchy in the Judiciary maintaining that the judges, despite the accusations against them, must be accorded dignity and respect by virtue of the office they hold.“I support the idea that the judiciary must be rid of corruption, but I disagree with the NBA on this issue that judges accused of corruption should stop handling cases.”Activist-lawyer Femi Falana (SAN), also yesterday, urged NJC to suspend the judges.He said the council did so 10 years ago when it suspended judges accused of corruption in an election petition tribunal, pending investigation.Falana said: “If the NJC had treated this national crisis with the urgency required, it should have investigated the matter based on the avalanche of materials placed before it.“Interestingly, the NJC had handled a similar complaint of judicial corruption about a decade ago. That was in 2006 when it was alleged that the members of the Akwa Ibom Governorship Election Petition Tribunal had received bribes to pervert Justice.“Without prejudice to the innocence of the judges, the NJC suspended them and requested the Director-General of the SSS to conduct a discreet investigation into the allegation.“Upon the receipt of the report of the investigation, it was found that each of the members of the tribunal had received a bribe of N10 million while a judge of the Federal High Court had acted as a conduit pipe in the scandal.“At that stage the judges were confronted with the allegations. As their defence was found unsatisfactory, the NJC recommended their removal from the bench.“Furthermore, the NJC referred the matter to the Independent and Corrupt Practices and Other  Offences Commission (ICPC). One of the indicted judges collapsed and died when the ICPC operatives wanted to arrest him in his house in Makurdi, Benue State.”Falana said the NBA, after reviewing the circumstances surrounding the arrests and the large sums of money recovered from the homes of some of the jurists, asked the judges to recuse themselves until they have been absolved of the allegations of judicial corruption levelled against them.According to him, rather than allow the judges react to NBA’s advice, the NJC said the judges would not step aside.“Meanwhile, notwithstanding the gravity of the allegation of judicial corruption and the far reaching implication for the image of the nation’s judiciary, the NJC has not deemed it fit to institute any inquiry into the matter on the grounds that the DSS had not submitted any report to it.“Thus, the NJC has allowed the allegation of judicial corruption to continue to hang menacingly on the heads of the judges like a sword of Damocles,” Falana said.The Senior Advocate added that in the communiqué issued after its emergency meeting, NJC condemned the manner of the arrests without denying the allegations of judicial corruption levelled against the judges.Falana said: “The NJC ought to commence an investigation into the serious allegation of judicial corruption levelled against the embattled judges without any further delay.“Having regard to the embarrassing disclosures in the letters addressed to the Chief Justice of Nigeria by the judges, the NJC should follow the advice of the NBA by placing them on suspension pending the conclusion of full scale investigation in line with Section 2.2.3 of the National Judicial Policy of the National Judicial Council which stipulates that the Council shall have the ‘powers of interim suspension.”Falana said the NJC and the NBA should demand a public apology for Justice Nnamdi Dimgba of the Federal High Court, Abuja, whose house was raided, as the DSS has not linked him with any corrupt practice or misconduct whatsoever.Source: The Nation

From Wole Balogun, Ado Ekiti
A former President of the Nigeria Bar Association (NBA), Chief Wole Olanipekun (SAN), has criticised the group’s position that those judges arrested by Department of State Services (DSS) be suspended from service pending the determination of the cases against them. The judges have since been released on bail.
His position was corroborated by another Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome.
NBA’s president, Mr. Mahmoud Abubakar, had recommended the suspension of the judges to the National Judicial Council (NJC), a position the NJC had disagreed with.
Olanipekun, who said though he concurs with the NBA as a member, he however differed on personal opinion. He said: “As Wole Olanipekun, I disagree with the NBA because it is dangerous to ask judges to step down from service simply because they have been accused of committing a crime.
“I support the idea that the judiciary must be rid of corruption, but I disagree with the NBA on this issue that judges alleged of corruption should stop handling cases. This quickly suggests that politicians and petition-writers will use the opportunity to continue to level allegations against judges and a time will come that there won’t be any judge on the bench to handle cases.
“If that will be the case, it has to cut across board, let any president, governor or political office holder accused of corruption also be asked to resign, for fairness, equity and justice, he noted.
The NBA had asked the NJC to suspend the five Federal High Court and Supreme Court’ judges arrested by the DSS to proceed on leave pending the time the issue will be resolved.
Speaking in Ikere-Ekiti at the weekend after being conferred with the Asiwaju of Ikereland title, Olanipekun said any president and governor accused of corruption should also step down, so that the policy can be implemented across board.
The lawyer promised to use his new status to unite all the warring factions in the town and resolve the supremacy battle between Ogoga of Ikere, Oba Adejimi Adu and the Olukere of Ikere-Ekiti, Oba Ganiyu Obasoyin.
On the NBA’s stand, he said: “Some are saying that these judges should be dealt with like every other common Nigerian, the fact remains that they are not ordinary Nigerians. President Muhammadu Buhari heads the executive, Bukola Saraki leads the Senate, Yakubu Dogara leads the House of Representatives and likewise governors of the  states, these are not ordinary Nigerians just like these judges, they head the judiciary.
“Even if the judges are  ordinary Nigerians, they must enjoy rights to dignity and self-respect as enshrined in the Constitution. So, the NBA should not oversimplify the issue. If you say a Judge has been accused of corruption and should leave the bench is very dangerous to the judiciary.
Also, Chief Ozekhome has faulted the NBA’s position.
Speaking to Daily Sun yesterday, Ozekhome insisted that the affected judges are presumed innocent until the contrary is proved.
“They have not been arraigned in any court of law, not to talk of being tried. Asking them to step aside in the manner the NBA has suggested would amount to pronouncing them guilty without trial.
“We are operating constitutional democracy and the rule of law must prevail.  I invite the NBA and other people to look at Sections 153, 160 and 293 of the 1999 Constitutions (as amended).
All the sections deal with the power, structure and independence of NJC and when a judge can be removed from office”, he said.
Expressing his support for NJC’s   position as against the NBA and the body of Senior Advocates, Ozekhome said: “I’m totally in support of the NJC. I do not agree with the new found position of NBA and the concurrence of the body of senior advocates.
“The reason is that the leadership of the of the NBA was part of the emergency meeting where the raid on judges’ residences was condemned as illegal and unlawful. What has changed that the judges who were merely accused are now being asked to step aside. Section 36 of the constitution is very clear on the presumption of innocence.
“Why should  the judges be singled out for different treatment? What about some government officials who have been accused of the vilest form of corruption?
What about the leadership of the National Assembly, some of who are under criminal trial? Why has NBA not asked them to step aside?
“I see what is happening as double standard which does not conform with democratic principles and rule of law”, Ozekhome said.First Published on Sun Newspaper

°Villa keeps mute on allegation against Amaechi, Onu
•Body of SANs back NBA on suspension
 •Ten Northern Govs’ Mission in Washington, by Gov Kashim Shettima

 By Soni Daniel,  Innocent Anaba, Ikechukwu Nnochiri and Livinus Nwabughiogu.

 

The refusal of the National Judicial Council (NJC) to order the suspension from office of the seven judges, currently under investigation by the Department of State Service (DSS), has reportedly rattled the Presidency, a source said last night.

Meanwhile, the Chief Justice of Nigeria (CJN), Justice Mahmoud Mohammed, yesterday, insisted the judges would not be suspended, especially as there was no formal complaint to that effect from the DSS to the NJC.

Mohammed spoke in a press statement. The statement was a follow up to the advertorial published in some newspapers, yesterday, by the NJC defending its position not to suspend the embattled  judges.

 The advertorial was responding to the statement by the Nigerian Bar Association (NBA) that the judges should be suspended. The judges, whose homes were raided and arrested by operatives of the DSS during separate operations carried out on October 7 and 8, include two Justices of the Supreme Court, Sylvester Ngwuta and Iyang Okoro. Other judges are Adeniyi Ademola of the Federal High Court Abuja, Kabir Auta of the Kano High Court, Muazu Pindiga of Gombe High Court, Mohammed Tsamiya of the Court of Appeal, Ilorin, and the Chief Judge of Enugu State, I. A. Umezulike.

According to a Presidency official, the action of the NJC, under the chairmanship of the CJN, amounted to a volt face. One of the prominent officials in the Buhari administration told Sunday Vanguard that the Presidency was shocked by what the CJN did shortly after visiting the Villa and expressing what appeared to be a disposition to suspend the affected judges from office pending the conclusion of their matters in court.

 “Obviously, it seems to us that the man has been ‘captured’, the Presidency official said, referring to the leadership of the NJC but did not explain what he meant by being captured. “But the truth remains that this administration is not going to condone any form of graft and will not be deterred by the antics of the NJC since it is not a court with powers to try criminal matters.

The official explained that the CJN, who heads the NJC, early last week, visited the Villa and may appear to have settled to an understanding that it was necessary to ask the affected judges to step aside from their duty posts until further notice only for him to do the opposite.

The face-off between the two tiers of government has widened the gulf between them, raising questions as to who will eventually try the seven judges to be arraigned for alleged corruption this week. The National Prosecution Council and the Office of the Director of Public Prosecution, according to Sunday Vanguard sources, have been mandated to handle the trial of the affected judges in batches, while the DSS may serve as a key witness against them. CJN defiant In his statement, yesterday, CJN Mohammed said he was yet to get a formal complaint from the DSS, regarding the seven judges.

 He maintained that the misunderstanding was between the NJC, which was established by the Constitution, and the DSS which, he said, belongs to the Presidency. The statement, signed by Senior Special Assistant to the CJN, H. S. Sa’eed, read: “Under the powers provided by the 1999 Constitution of the Federal Republic of Nigeria(as amended) and as the Head of the Third Arm of Government, the Honourable,   the   Chief   Justice   of  Nigeria   and   Chairman   National   Judicial Council, Honourable Justice  Mahmud  Mohammed,  GCON is calling on all Nigerians   to   continue   to   have   faith   and   full   confidence   in   the   Nigerian Judiciary. “The   Honourable   Chief   Justice   of   Nigeria   (Hon.   CJN)   is   indeed   deeply concerned   by   the   rising   antagonism   over   the   recent   arrest   of   our   Judicial Officers and other issues pertaining thereto. “Furthermore, it must be reiterated that the current misunderstanding is only between the National Judicial Council (NJC), which was established by the Constitution and the Directorate of the State Security (DSS), in the Presidency. “Hence, we  must  emphasise that   the  Judiciary continues  to  maintain cordial relations  with the other arms of government, that is,  the Executive  and the National Assembly. “The   Hon.   CJN   reiterates   that   the   Nigerian   Judiciary,   as   an   Arm   of   the Government of the Federal Republic of Nigeria, is not a party in this matter, nor is the Nigerian Judiciary on trial. “On the call by President of the Nigerian Bar, A. B. Mahmoud, SAN, to suspend Judicial Officers whose residences were invaded and who were subsequently arrested and detained by the DSS, we believe that the call was unnecessary and hasty as the said   Judicial   Officers are   still being   investigated   by the DSS. “Furthermore,   the   DSS   is   yet   to   forward   any   complaint   or   any   official communication regarding the seven Judicial Officers to the National Judicial Council. “Indeed, some of the affected Judicial Officers have already been investigated by the NJC, which found some culpable and recommended their removal from office by dismissal or retirement to the President and respective Governors as provided under the Constitution. “While some are still being investigated by the NJC, in respect of others, no complaint against them has been received by the NJC   whose   powers   to   suspend   must   be   exercised   in   accordance   with   the provisions of the Constitution establishing it. “The National Judicial Council is currently investigating the various complaints made against a number of Judicial Officers. As soon as such investigations are completed,   appropriate   recommendations   will   be   made   to   the   President   or Governors, as the case may be, who will have the final say on the fate of the affected Judicial Officers who could then be charged for the offences disclosed from the facts against them and be prosecuted if necessary. “The Hon. Chief Justice of Nigeria also wishes to state in clear terms that the ‘sting’ operations carried out by the DSS   on 07 and 08 October 2016 was certainly an assault on the independence of the Nigerian Judiciary. “Nonetheless, the Judiciary fully supports the anti-corruption drive of the President of the Federal   Republic   of   Nigeria,   President   Muhammadu   Buhari,   GCFR. “The Nigerian Judiciary has never and will never shield any Judicial Officer who is found to be guilty of corruption, however, the Hon.   CJN   believes that due process and the rule of law must be followed. “As a testament to our commitment to uphold the Constitution, the Nigerian Judiciary continues to function and our Courts remain open to all who seek remedy. “With the support and good will of all Nigerians, the Nigerian Judiciary will continue to serve with all its heart and might”. Body of SANs backs NBA Separately, yesterday, the Body of Senior Advocates of Nigeria threw its weight behind the call by the NBA on the arrested judges to proceed on leave of absence pending when they are given a clean bill of health. The Body, which met in Lagos, endorsed every action taken by the NBA President, Mr Abubakar Mahmoud (SAN), so far on the judges.

 The meeting was attended by the Attorney General of the Federation and Minister of Justice. On Amaechi, Onu, Presidency keeps mum In a related development, the Presidency is keeping sealed lips on the allegations against the Minister of Transportation, Mr. Chibuike Amaechi, and his colleague in the Ministry of Science and Technology, Dr. Ogbonnaya Onu, both of whom some of the embattled judges  accused of using the DSS against them for refusing to oblige their request to influence matters bordering on the 2015 elections. But a top official who spoke anonymously told Sunday Vanguard: “The hands of these people (judges) have been found in the case. Large sums of money were found in their houses. How can you compare them to the ministers against whom mere allegations were made? You don’t compare apples with oranges”.

First published on Vanguard