The Corruption saga: NJC says Justices to remain seated

Hon. Justice Mahmud Mohammed, Chief Justice and Chairman NJC

The crisis of corruption rocking the third tier of the Nigerian government does not seem to ebb towards abating. In the face of reactions by the institutions so affected and nothing by the masses, it certainly begins to look like the 'righteousness' of the situation will be a legal tug-of-war on the platform of the media. The latest reaction has been that of the National Judicial Council which has has said that it will not ask the judges accused of corrupt practices to step down as it has no powers to do so.

The NJC stated this on Friday in response to the demand by the President of the Nigeria Bar Association, Abubakar Mahmoud, that the seven judges arrested for corruption last week be asked to step down pending when they are cleared or found guilty in court.

In its response signed by its acting director of information, Soji Oye, the NJC said Mr. Mahmoud’s advice “is unacceptable to the NJC; as it breaches the 2014 Revised Judicial Discipline Regulations formulated by NJC pursuant to Section 160 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

The NJC also said Mr. Mahmoud was present when it took an earlier position condemning the raid of the judges’ homes by the State Security Service (SSS) a fortnight ago.

Prior to this declaration, the Nigerian Bar Association (NBA) had reviewed its initial stand as it 

called on Thursday for the immediate suspension of seven judges arrested by the State Security Service on October 8.

The President of the NBA, Abubakar Mahmud, a Senior Advocate of Nigeria, made the call at a valedictory court session in honour of a retiring Justice of the Court of Appeal, Sotonye Denton-West.

Seven judges in five states of the federation and the Federal Capital Territory were arrested after their homes were raided on October 7 by the SSS following allegations of corruption.

The National Judicial Council, NJC, responsible for the sanction of judicial officers, was accused by the SSS of neglecting petitions written against the judges on allegations of corruption.

The NJC denied the allegation by the SSS.

Both the NJC and the NBA had earlier condemned the arrest, describing it as a denigration of the judiciary.

Mr. Mahmud who had earlier described the raid of the judges’ homes and their subsequent arrest by the SSS as unlawful and an abuse of power by the operatives, said his recent decision is to safeguard the sanctity of the judiciary.

“In the interim, particularly having regards to what appears to be an ongoing accusations and counter-accusations between some of the judges and other personalities or agencies, it appears to the NBA that it is extremely important that the NJC takes very urgent steps to safeguard the public image and sanctity of the courts,” he said.

“We therefore strongly recommend that, without prejudice to the innocence or otherwise of the Judges involved in the ongoing investigations, they should be required to recuse themselves from further judicial functions or required to proceed on compulsory leave until their innocence is fully and completely established or until the conclusion of all judicial or disciplinary proceedings.

“We believe this will be necessary in order to protect the sanctity and integrity of judicial processes that may involve the judges concerned and safeguard the public image of the institution.”

The retiring judge, Ms. Denton-West, welcomed the call by Mr. Mahmud, stressing the it was important to rid the judiciary of corruption.

“Indeed, I know and believe that there is corruption, unfortunately even in the folds of the judiciary. I have personally been a victim of corrupt act from the judiciary on some occasions.

“The Nigerian judiciary in the past has been one of the greatest in the world, but it is time to relive and embrace the rule of law in its entirety. It seems only lip service is paid to this great doctrine. It is essential that the rule of law must be observed in order for society to run smoothly, otherwise the beauty of democracy will elude us.

“The rule of law is observed when there is mutual respect between the authorities and those subject to authority and, between the powers that be and their subjects, in accordance with the law. For we are all subject to the law,” she said.

Until her retirement Ms Denton-West was a Presiding Justice of the Court of Appeal, Akure Division.

The judges who were arrested include Sylvester Nguta and John Okoro of the Supreme Court and Adeniyi Ademola of the Federal High Court Abuja.

Others are Justice Muazu Pindiga of Gombe State; Kabiru Auta of Kano State, Innocent Umezulike of Enugu State and Mohammed Tsamiya, an appeal court judge in Ilorin.

Although the home of Justice Nnamdi Dimgba of the Federal High Court, Abuja, was also raided, he was not arrested.