DSS raids: NJC bars judges from accepting gifts, outlaws public disclosure of petitions

DSS raids: NJC bars judges from accepting gifts, outlaws public disclosure of petitions 

The National Judicial Council (NJC) has formally
barred judges and court staff from soliciting or
accepting gifts from other arms of government.
In a statement issued yesterday, in Abuja, the NJC
reiterated its independence as an arm of
government and has outlawed any form of lobbying
of other arms of government by the Judiciary or any
of its institutions.
It has also outlined new measures to curb
corruption and other unethical conduct among
judicial officers and other court staff.
These are contained in a new National Judicial
Policy (NJP) to be launched by the NJC.
The new policy has also outlined how complaints
against judges and its staff will not be made public.
The new policy seeks to merge and improve on the
existing NJC’s NJP and a similar policy by the
National Judicial Institute (NJI).
The existing Code of Conduct for Judicial Officers
provides that “a judges and members of his/her
family shall neither ask for nor accept any gift,
bequest, favour, or loan on account of anything
done or omitted to be done by him in the discharge
of his duties.”
But, the provision in the new policy specifically bars
judges and other court staff from accepting gifts
from other arms of government, and made
compliance mandatory.
Section 2(3)(2) of the new policy states:” The Code
of Conduct fro Judicial Officers and Code of
Conduct for Court Employees, with the amendment
discouraging acceptance of gifts from other arms of
government, should be such as would be adequate.
Compliance with their provisions shall be
mandatory.”
On its relationship with other arms of government,
the NJP prescribes that “the Judiciary shall not
resort to lobbying in ensuring that the Legislature
and the Executive perform their constitutional
responsibilities. All arms of government should
respect the doctrine of separation of powers as
enshrined in the Constitution. The policy has also
introduced measures to further keep complaints
against judges and other court staff from the media
and public domain. Provisions in this regard are
contained in section 2(2)(4) to 2(2)(9).
“It shall be the policy of the Judiciary on complaints
of misconduct against judicial officers or employees
of the Judiciary shall not be leaked or published in
the media.
“Where complaints on allegations against Judicial
Officers and Court employees are submitted for
investigation, the complainant or complainants shall
be made to give an undertaking not to do anything
to prejudice investigation or actions that may be
taken.
“The institutions of the Judiciary concerned with
investigation or and implementation of decisions
taken on such complaints shall be obliged to cease
further action where such complaints are leaked or
discussed in the media.
“Where such a leakage is occasioned after the
submission of a complaint then all investigations on
the complaints shall be suspended, the leakage
investigated and if such leakage is from the
complainant on through other parties known to such
a complainant, such a complaint should be
discarded.
“Where such leakage is occasioned prior to the
presentation of the complaint and the source of the
leakage is found to be the complainant or through
other parties known to and connected with the
complainant then such complaint shall not be
accepted, upon submission, by the appropriate
disciplinary body.
“Upon the conclusion of any investigation, the
judicial disciplinary bodies may allow public
disclosure of their findings, subject to following the
proper channels for such disclosure.”
The NJC explained that the new policy was intended
to enhance the performance of the Judiciary in the
face of mounting public complaint and dwindling
public confidence on its ability to deliver justice.
Between October 7-8, the Department of State
Security (DSS), in a sting operation, arrested seven
judicial officers comprising two justices of the
Supreme Court and judges of the Appeal and High
Courts across the country over alleged corruption
and false declaration of assets.
The Chief Justice of Nigeria (CJN), who also
doubles as the NJC Chairman, Justice Mahmud
Mohammed, condemned the raid.