Raid on judges’ houses threat to judiciary independence –NJC

Raid on judges’ houses threat to judiciary independence –NJC

The National Judicial Council on Thursday condemned the raid
on some judges’ houses by the operatives of the Department of
State Services over the weekend and the subsequent arrest of
the judicial officers.
In a statement issued by the Acting Director, Information, Mr. Soji
Oye, late Thursday night, the NJC described the treatment meted
out to the arrested judicial officers as a threat to the
independence of the judiciary.
At the meeting, Oye said the NJC nominated to President
Muhammadu Buhari for appointment as the next Chief Justice of
Nigeria, Justice Walter Onnoghen, to succeed the outgoing CJN,
Justice Mahmud Mohamed, who retires on attaining 70 years of
age on November 10, 2016.
The NJC expressed support for the President Buhari
administration’s fight against corruption and the cleansing of the
judiciary.
It also expressed confidence in the President Buhari’s
administration’s resolve to hold uphold the principle of
democracy and separation of powers as enshrined in the
constitution.
But the council expressed what it termed as “grave concern”
about the events leading to the arrest of the judicial officers, a
development which it described as an “attempt by the DSS to
humiliate, intimidate, denigrate and cow the judiciary.”
The NJC insisted that, “it (the council) 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.”
The statement read in part, “At its last Emergency Meeting which
was held on 11th October, 2016, Council 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.
“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.
“However, council 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;
and condemned the action in its entirety.
“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.”
The council denied shielding judges accused of corruption, while
it debunked claims attributed to the DSS in both the print and
electronic media that the council failed to act on the petitions
sent against the judges.
Describing claims credited to the DSS as “misinformation and
disinformation,” it said it only received two petitions from the
DSS with respect to the judges whose houses were raided.
The council said it only received two petitions from the DSS
against Justice Pindiga, who had been cleared by it, and another
one against Justice Dimgba, who was still being investigated
while the raid on his home was carried out.
The NJC said the only pending petition against Justice Ademola
was sent to the council by one Mr. Jenkins Duviegiane Gwebe.
“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,”
the statement added.
It said with respect to Justice Tsamiya, “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 N200m 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.”
The council also said, in the case of a former Chief Judge, Enugu
State, Justice Umezulike, he had been recommended for
compulsory retirement from office to Enugu State Governor “for
gross misconduct, pursuant to the petition written against him by
Mr. Peter Eze.”
It also said, Justice Auta was investigated by the 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.”

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