The National Judicial Council on Thursday condemned the unlawful raid on judges’ houses by the men of the Department of State Services (DSS) last weekend and the arrest of some judges.
The NJC, through its acting director of information, Mr. Soji Oye, in a statement described the lawless raids and arrests as a threat to the independence of the judiciary.
Oye also said the NJC recommended to President Muhammadu Buhari Justice Walter Onnoghen to succeed the outgoing CJN, Justice Mahmud Mohamed, who retires on attaining 70 years of age on November 10, 2016.
While the NJC expressed support for the Buhari administration’s fight against corruption and the cleansing of the judiciary. But it frowned at events leading to the arrest of the judicial officers, a development which the NJC described as an “attempt by the DSS to humiliate, intimidate, denigrate and cow the judiciary.”
The NJC said “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 partly read: “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, saying the statement credited to the DSS in the media that the it failed to act on the petitions sent against the judges was false – “misinformation and disinformation”.
The NJC said it only received two petitions from the DSS with respect to the judges whose houses were raided. They are the 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 as the raid on his home was carried out.
The NJC clarified that 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.
On Justice Tsamiya, NJC said “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 further 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.”
And that 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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