PRESS RELEASE BY THE
NATIONAL JUDICIAL COUNCIL
THE POSITION OF THE
NATIONAL JUDICIAL COUNCIL ON THE RECENT INVASION OF THE RESIDENCES AND ARREST
OF JUDICIAL OFFICERS BY THE DEPARTMENT OF STATE SERVICES (DSS)
At its last
Emergency Meeting which was held on 11thOctober, 2016, Council
decided among other matters, as follows:
1. That the National
Judicial Council is a creation, by virtue of Section 153 of the 1999
Constitution of the Federal Republic of Nigeria, as amended, with its powers
specified in Paragraph 21 of Part One of the Third Schedule whereof.
2. That by virtue of
Section 160 of the 1999 Constitution, Council fashioned out:
i) Judicial Discipline
Regulations;
ii) Revised NJC Guidelines and
Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of
Record;
iii) Code of Conduct for Judicial
Officers of the Federal Republic of Nigeria; and
iv) National Judicial Policy to inter-alia, regulate its own
procedure while exercising its
Constitutional Powers.
3. That Section 158
(1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended,
has unequivocally provided for the independence of the National Judicial
Council vis-à-vis directing or controlling it by any authority or person while
exercising its powers.
4. 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.
5. 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.
6. However, 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
(“DSS”); and condemned the action in its entirety.
7. 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.
BACKGROUND FACTS
8.1
RE: HON. JUSTICE SYLVESTER NGWUTA
The Public is aware that Hon. Justice Sylvester Ngwuta, a Justice of the
Supreme Court of Nigeria, was arrested after his House was invaded by heavily
armed and masked operatives of the Department of States Security on Friday 7th October,
2016. The operatives did not leave his house until 12.00 noon of the following
day, when he was whisked away to the (“DSS”) office.
8.2 RE:
HON. JUSTICE INYANG OKORO
The Residence of Hon. Justice Inyang Okoro, a Justice of Supreme Court
of Nigeria, was raided in the same manner and was arrested by the same
operatives of the DSS.
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.
8.3 RE:
HON. JUSTICE MUHAMMED LADAN TSAMIYA OF THE COURT OF
APPEAL
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 the sum of N200,000,000.00 (Two Hundred Million Naira)
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. And Mr. President
has approved the recommendation of the Council and compulsorily retired His
Lordship from office yesterday, the 12th day of October, 2016.
8.4. RE: HON. JUSTICE I. A. UMEZULIKE, OFR
Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State, was
recommended for compulsory retirement from office to Enugu State Governor for
gross misconduct, pursuant to the petition written against him by Mr. Peter
Eze.
In the meantime, National Judicial Council has suspended His Lordship
from office pending when the Governor of Enugu State will act on its
recommendation.
8.5. RE:
HON. JUSTICE A. F. A. ADEMOLA, OF THE FEDERAL HIGH COURT
Hon. Justice A. F. A. Ademola of the Federal High Court, Abuja Division
has been petitioned by Hon. Jenkins Duviegiane Gwebe on allegations bordering
on corrupt practices.
Currently, a Committee of the Council is investigating the allegations.
There is no other petition against Hon. Justice Ademola from DSS pending
at the National Judicial Council.
8.6. RE:
HON. JUSTICE KABIRU AUTA, KANO STATE HIGH COURT
Hon. Justice Kabiru Auta was investigated by 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.
8.7 RE:
HON. JUSTICE MUAZU PINDIGA OF HIGH COURT, GOMBE
STATE
The DSS petitioned the Hon. Chief Justice of Nigeria and Chairman of the
National Judicial Council alleging corrupt practices against Hon. Justice
Pindiga, inter-alia:-
“i) That
the Hon. Judge in a bid to illegally enrich himself, perfected plans through
third party proxies/conduits, with a view to influencing the outcome of the
Election Tribunal in the governorship polls in favour of the incumbent Governor
Nyesom Wike.
1.
ii)
That further ongoing discreet investigation, Justice Pindiga is observed to
have illegally enriched himself through corrupt means. Part of the illegitimate
proceeds suspected to have accrued to Pindiga includes the underlisted:
2.
a)
Two (2) completed blocks of six (6) units 2 bedroom flats in Federal Low Cost
Estate in Gombe metropolis;
3.
b)
Four (4) units of bungalow in another part of the Estate;
4.
c)
An uncompleted property at GRA in Gombe Metropolis;
5.
d)
a Mercedes Benz C300 car in the name of MUBAJJAL;
6.
e)
A Toyota Venza-Model SUV.
iii) From
all indications, it is apparent that Pindiga, who is a very Senior Justice in
Gombe State, is highly corrupt. His continuous stay as a Justice in any
capacity would likely embarrass the current administration and pervert the
cause of justice. In view of the foregoing, it is strongly advised that
immediate necessary administrative and judicial measures be taken on him,
including appropriate sanctions and trial to set a precedent to others of his
like”.
The complaint
containing the allegations of corrupt practices against the Hon. Judge were
conveyed in a letter Ref No. DGSS71/3161 and dated 26th February,
2016, written by the DSS to the Hon. Chief Justice of Nigeria and Chairman of
the National Judicial Council. The petition was not supported by a
verifying affidavit deposed to by the DSS, as required by the National Judicial
Council Discipline Regulations 2014. The Petition should have been disregarded
for non-compliance with the National Judicial Council Regulations, but by
letter Ref. No. NJC/S.15/HC.GM/5/1/128 dated
19th April, 2016, the DSS was notified and requested to comply
and to depose to a verifying affidavit in support of the allegations of corrupt
practices levelled against the Hon. Judge.
By letter Ref No.
LSD.232/4/68 dated 6th May, 2016, to the Council, the DSS
deposed to a verifying affidavit in respect of the allegations against Justice
Pindiga.
On the directive of
the Council, Hon. Justice Mu’azu Pindiga responded to the allegations against
him by DSS. Thereafter, a Committee comprising Members of the Council
investigated the allegations of corrupt practices.
Both Parties – The
DSS and Hon. Justice Mu’azu Pindiga, together with their witnesses and counsel
appeared before the Panel set up by Council in compliance with the National
Judicial Discipline Regulations and Section 36 of the 1999 Constitution of the
Federal Republic of Nigeria as amended, on the Right to Fair Hearing.
The DSS was
represented by a Director, S. U. Gambo, Esq. who is also a Legal Practitioner
in the Department and Hon Justice Pindiga was represented by Joe Agi, SAN.
At the end of the
investigation, the DSS could not substantiate any of the allegations of corrupt
practices either by documentary or oral evidence against the Hon. Justice
Pindiga.
Consequently, at
its Meeting of 15th July, 2016, Council decided to exonerate
Hon. Justice Pindiga of the allegations of corrupt practices levelled against
him by DSS.
The Council’s
decision was conveyed to Hon. Justice Pindiga in a letter Ref. No. NJC/HC.GM/5/1/132of
9thAugust, 2016 and copied the DSS.
8.8. RE: HON. JUSTICE NNAMDI DIMGBA OF
FEDERAL HIGH COURT
ABUJA DIVISION
Council is aware that DSS had written a complaint alleging corrupt
practices and professional misconduct against Hon. Justice Dimgba by a letter
Ref. No. LSD.158/2/31 dated 5th August, 2016.
At its Meeting of 29th September, 2016, Council
constituted a Fact Finding Committee comprising its Members to investigate the
allegation.
During the last Emergency Meeting of the Council, it received a Report
from Hon. Justice Nnamdi Dimgba that his Residence was also raided and
ransacked; and in the process, his nephew and driver were man-handled, using a
wrong search warrant which was not meant for the search of his house.
The Committee has commenced the process of investigating the allegations
before the recent unfortunate raid and search of Hon. Justice Dimgba’s Residence.
9. Council
meticulously considered the entire unfolding events that led to the arrest of
the Judicial Officers and the misinformation and disinformation making rounds
in both Electronic and Print Media that the DSS acted thus because the National
Judicial Council was shielding the Judicial Officers from investigation and
prosecution for corrupt practices and professional misconduct.
10. Council noted
particularly, that from the available records, the DSS forwarded only two(2
no.) separate complaints containing allegations of Corrupt Practices against
Hon. Justice Pindiga; and corrupt practices and professional misconduct against
Hon. Justice Dimgba.
11. The impression
created and widely circulated before the public, that the DSS forwarded a
number of petitions containing various allegations of corrupt practices and
professional misconduct against some Judicial Officers to the Council, and they
were not investigated, is not correct. The Council urges the DSS to make
public the particulars of such petitions to put the records straight.
12. Given the above
background facts, on behalf of the Judiciary, Council is constrained to inform
the general public that all petitions and complaints forwarded against Judicial
Officers bordering on corrupt practices and professional misconduct, have been
attended to and investigated, where applicable, by Council since year 2000 to
date, within the powers conferred on it by the 1999 Constitution of the Federal
Republic of Nigeria as amended.
13. Therefore, any
Judicial Officer that was reprimanded by Council or recommended for removal
from office by compulsory retirement or dismissal to the President or Governor,
was done in compliance with the Constitutional power, Rule of Law and Due
Process.
14. From year 2000,
when the National Judicial Council held its inaugural Meeting to 2016, 1808
petitions and complaints against Judicial Officers, including Chief Justices of
Nigeria, Justices of Supreme Court and Court of Appeal were received by the
respective Honourable, the Chief Justices of Nigeria and Chairman of the
National Judicial Council. Eighty-two (82 No.) of the Judicial Officers
were reprimanded (suspension, caution or warning), by Council, in the exercise
of its exclusive Constitutional Disciplinary power over Judicial Officers.
Thirty-eight (38 No.) of the Judicial Officers were recommended to the
President or Governor where applicable, for compulsory retirement from office;
while twelve (12 No.) were recommended to the President or Governor as the case
may be, for dismissal from office.
In conclusion,
Council wishes to state as follows:-
1) That
it 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. That explains why when the DSS wrote to the Council by
letter Ref. No. LSC.960/4 dated 14th September, 2016, to direct
Hon. Justice Mu’azu Pindiga to appear before it, The Hon. The Chief Justice of
Nigeria and Chairman of the National Judicial Council directed the Hon. Chief
Judge of Gombe State to ask Hon. Justice Mu’azu Pindiga to report to DSS, which
His Lordship did.
2) That
the National Judicial Council has never shielded nor will it shield any
Judicial Officer who has committed any misconduct.
3) That
the Department of State Services is an Agency in the Presidency and its
functions as specified in the statute establishing it, is primarily concerned
with the internal security of the Country.
4) That
the action of the DSS is a denigration of the entire Judiciary, as an
institution.
5) That
by the act of the DSS, Judicial Officers are now being subjected to insecurity,
as criminals might take advantage of the recent incidents to invade their
residences under the guise of being security agents.
6) The
Council vehemently denounces a situation whereby the Psyche of Judicial
Officers in the Federation is subjected to a level where they would be afraid
to discharge their Constitutional judicial functions, without fear or favour,
intimidation, victimization or suppression.
7) The
Council will not compromise the integrity and impartiality of the Judiciary.
8) The
Council wishes to reassure the public that any person who has a genuine
complaint against any Judicial Officer is at liberty to bring it up to the
Council for consideration, after following due process vide its Judicial
Discipline Regulations.
9) At
the end of the Meeting, Council unanimously agreed to recommend Hon. Justice W.
S. N. Onnoghen, CFR, as the most senior, suitable and competent Justice of the
Supreme Court to President Muhammadu Buhari, GCFR, for appointment as the next
Chief Justice of Nigeria to succeed Hon. Justice Mahmud Mohammed GCON who
retires from office on 10th November, 2016.
Soji Oye, Esq
Ag. Director (Information)
