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NJC bows to pressure, asks arrested judges to step aside: Law : - Nigeria's Premier Online Forum (160 views)

NJC bows to pressure, asks arrested judges to step aside

By dayan (M)November 04, 2016, 07:02:01 AM
By Ikechukwu Nnochiri

ABUJA—The National Judicial Council, NJC, yesterday, succumbed to pressure from the Nigerian Bar Association, NBA, as it agreed that all the judges being investigated over allegations of corruption should step down from the Bench pending their trial.

The NJC, which is headed by the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, took this new position at the end of a two-day emergency meeting that ended in Abuja yesterday.

A statement by the Acting Director of Information at the NJC, Mr. Soji Oye, disclosed that the Council equally constituted a Transparency and Anti-Corruption Policy Implementation Committee to be headed by a retired Justice of the Supreme Court.

The statement read: “The National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed, at its 79th meeting held on November 1 and 2, 2016, commenced implementation of specific aspects of the National Judicial Policy which came into force in April 2016 and was launched on Monday 24th October, 2016.

“During the Meeting, Council set-up a Transparency and Anti-Corruption Policy Implementation Committee as follows: Hon Justice E. O. Ayoola, CON (Retd Justice of the Supreme Court) – Chairman.

“Hon Justice Kashim Zannah, Chief Judge of Borno State – member; A. B. Mahmoud, SAN, President Nigeria Bar Association – member.

“Section 6 of the National Judicial Policy aims at putting in place multi-faceted strategies and guidelines that will ensure transparency and eliminate corruption in the Judiciary.

“It seeks, among other measures, to provide a platform and opportunity to citizens who profess factual and credible knowledge of information on the nature and modalities of corruption in the judicial system to ventilate such.

“Council also decided that Judicial Officers shall not be standing trial for alleged corruption related offences and be performing judicial functions at the same time.

“Council, however, decided that it will ensure that Judicial Officers being investigated for alleged high profile criminal offences do not perform judicial functions until their cases are concluded”.

The NJC had earlier described “as unacceptable”, NBA’s call for all the serving judges affected by the “sting operation” the Department of State Services, DSS, conducted between October 7 and 8, to step down pending their trial.

The Council stated at that time that it would neither suspend nor ask any of the accused Judges to proceed on compulsory leave as recommended by the NBA, insisting that such action would be contrary to the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

Aside from two Justices of the Supreme Court – Inyang Okoro and Sylvester Ngwuta, others to step down from the bench are Justices Adeniyi Ademola and Muazu Pindiga of Abuja and Gombe Divisions of the Federal High Court, respectively.

The NJC had earlier sacked the former Chief Judge of Enugu State, Justice I. A. Umezulike, the Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Tsamiya; and Judge of Kano State High Court, Justice Kabiru Auta.


Re: NJC bows to pressure, asks arrested judges to step aside

By dayan (M)November 04, 2016, 07:11:56 AM
For a body like the NJC to take a position, and then flip overnight to support the opposite position suddenly, speaks volumes about the quality of the institution of jurisprudence in Nigeria.
Whatever happened to principle, due process of law, and legality. If NJC can be this capricious and arbitrary, then there are no legal foundations for separation of powers in Nigeria.
They bowed to "pressure" from a body like the NBA that has no constitutional or legal role in law enforcement; a body whose role is only advisory. Maybe we should amend Nigeria's constitution to state that the NBA should be the body to discipline judges. In developed countries, judges are IMPEACHED.
Now we know why Nigeria has remained a "developing country" for five decades.
Japan become developed within three decades after second world war.

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