The Presidency and the National Judicial Council (NJC) have been exchanging words over the decision of the latter to recall six of the judges it suspended after following due processes in its investigation on the allegations against them, and the discharge and acquittal of one of them, Justice Adeniyi Ademola, by a High Court of the Federal Capital Territory. SUNDAY EJIKE writes.
FOLLOWING allegations of corruption and other acts of professional misconducts against some Judicial Officers (Judges), operatives of the Department of State Services (DSS) swung into action and carried out a “sting operation” on the official residences of the affected Judges across the country between October 7 and 8, 2016 .
The Judicial Officers whose houses were searched, arrested and detained by the DSS were Justices Sylvester Ngwuta and John Okoro, both of the Supreme Court; Justice Adeniyi Ademola of the Federal High Court, Abuja, and Justice Muazu Pindiga of the Federal High Court, Gombe Division. Justice Nnamdi Dimgba’s residence was also searched, but was not arrested.
Other Judicial Officers who were investigated on allegations of corruption and official misconduct and are placed on suspension by the NJC pending when President Muhammadu Buhari and their various state governors would approve the council’s recommendation for their sack are a former Chief Judge of Enugu State, Justice I. A. Umezulike, the Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Tsamiya; and a judge of the Kano State High Court, Justice Kabiru Auta.
While the DSS said the raid and the arrest of the Judges was to bring sanity to the judiciary, there were condemnation from some stakeholders in the Judiciary and the NJC on the raid of the houses of the Judges in what some termed a “commando style” by operatives of the DSS.
The African Bar Association (AFBA) said the action of the DSS was a violation of the principles of the rule of law and tenets of separation of power.
In the same vein, Lawyers under the Nigerian Bar Association (NBA) declared a state of emergency in the judiciary following the raid of the homes of the judges
The president of the association, Abubakar Mahmoud (SAN) told journalists that the DSS abused its powers in the arrest of the judges.
Mahmoud, who was with some senior lawyers including Chief Wole Olanipekun (SAN), Dr Olisa Agbakoba (SAN); Mr. JB Daudu (SAN); Augustine Alegeh (SAN); Prof Kayinsola Ajayi (SAN); Mr Yusuf Ali (SAN); Mr Dele Adesina (SAN), and others, said the DSS had no powers to arrest sitting judges, condemned the action of the DSS and called on the President to order the immediate release of the judges.
Saraki, in a message through Senator Chukwuka Utazii at a National Dialogue on the fight against corruption organized by the Presidential Advisory Committee Against Corruption (PACAC) in Abuja said the raid, without search warrants was unlawful and was not in accordance with the rule of law.
He said, despite the fact that the National Security Agency Act of 1986 granted the DSS the powers to act upon economic crimes related offences, it is the duty of the Economic and Financial Crime Commission (EFCC) to carry out such functions.
Not minding the knocks here and there on the action of the DSS, which many considered as “ridiculing the judiciary”, the Federal Government went ahead and filed charges against Justice Sylvester Ngwuta of the Supreme Court before Justice John Tsoho of the Federal High Court in Abuja, while Justice Adeniyi Ademola was arraigned before Justice Jude Okeke of the High Court of the Federal Capital Territory sitting in Maitama in Abuja.
While the trial of the Supreme Court Justice, Ngwuta is still on-going, Justice Ademola, his wife Olubowale, and a Senior Advocate of Nigeria, Mr Joe Agi were discharged and acquitted of all the 18-count charges preferred against them by the Federal Government by the Abuja High Court.
Justice Jude Okeke discharged the three defendants in a ruling upholding the respective no-case submissions filed by the defendants.
Following the judgment that discharged and acquitted Justice Ademola, the NJC directed him to resume sitting on June 7, 2017 to attend to the backlog of cases in his court for the past eight months.
The spokesman of the NJC, Soji Oye said in a statement that the decision directing Justice Ademola and five other Judges to resume work was taken at the end of the NJC’s 82nd meeting held on May 31 and 1st June, 2017, which considered the backlog of cases in his court and other Judicial Officers who were directed to recuse themselves from duties on the request of the Attorney-General of the Federation (AGF), Abubakar Malami (SAN) pending the outcome of investigations against them.
The statement noted that, after deliberation, NJC noted that out of the Judicial Officers directed to recuse themselves from performing their official duties with effect from November 2, 2016, only Justice Ademola’s trial has been concluded and discharged and acquitted of the charges filed against him.
The Council, headed by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen decided that the various Heads of Court should direct Justices John Inyang Okoro of the Supreme Court, Uwani Abba Aji of the Court of Appeal, Hydiazira A. Nganjiwa of the Federal High Court, Ademola of the Federal High Court who has been discharged and acquitted, Musa H. Kurya of the Federal High Court; and Agbadu James Fishim of National Industrial Court of Nigeria to resume their judicial duties with effect from Wednesday 7th June, 2017, as there are already backlog of cases in their various Court for the past eight months.
Immediately after the resumption of Justice Ademola and the other Judges, the Presidency fired a shot at the NJC, faulting its decision directing the Judges to resume their judicial duties.
The NJC was quick to respond to the Presidency’s statement over the council’s decision to recall the suspended judges.
A statement dated Saturday, June 10, 2017 by the director of communication of the NJC, Soji Oye, explained why the Council decided to recall the judges.
Oye said the NJC was particularly concerned about the Obono-Obla’s statement that the office of the AGF filed a Notice of Appeal against Justice Okeke’s ruling discharging and acquitting Justice Ademola and two others on 7th April, 2017.
The NJC spokesman said contrary to the statement by the Presidential aide, “The Registry of the High Court of the FCT, Abuja, informed the Department of Information of the NJC that the AGF Office filed two Notices of Appeal in the Court; the first one on 7th April, 2017, against Justice Ademola, his wife, Olabowale Ademola and Joe Agi. The second one was filed on 6th of June, 2017, two days after the Press Release was issued by the NJC with additional grounds of appeal against only Justice Ademola.
“It is on record that when the parties were invited by High Court of the FCT for settlement of records to be transmitted to the Court of Appeal on 18th April, 2017, the Appellant failed to turn up. The registrar of the court further adjourned the settlement of records to 21st April, 2017, and invited all the parties, but the Appellant again did not come to court. The total number of 45 days allowed for compilation of record in all circumstances expired on 7th May, 2017, for the registrar of the Lower Court and 22nd May, 2017, for the Appellant.
“Council noted that the Office of the AGF only filed additional grounds of appeal in the court on Tuesday 6th June, 2017, three days after the press release by the Council that the Judicial Officers have been directed to resume their Judicial duties. It was on 6th June, 2017, that letters were again issued by the registrar to the parties for settlement of records against 14th June, 2017,” the statement said.
The NJC further said the initial appeal could not be regarded as proper, because parties failed to make the necessary agreement and settlement of records as expected.
“For avoidance of doubt, by the Rules of the Court of Appeal, there cannot be a proper appeal before the Court until parties have agreed and settled records before the Lower Court and transmit copies of such records to the Court of Appeal before an appeal number is given. It is only after an appeal number is given that an appeal is said to be entered in the Court of Appeal.
“The Council confirmed from the registry of the Court of Appeal that there is no such Appeal till date. The only matter that is pending is a motion with Number CA/A/371M/CR/2019 filed by Joe Odey Agi, SAN, against the Federal Republic of Nigeria seeking the dismissal of Appellant/Respondent appeal between the Federal Government of Nigeria Vs Joe Odey Agi for failure to transmit the Records from the Lower Court within 45 days”.
The council also defended itself against alleged hasty decision made against it (NJC) by the Chairman of the Presidential Advisory Committee Against Corruption, Professor Itse Sagay (SAN).
It said that, there is currently no suit filed against Justices Inyang Okoro and Ademola at the Tribunal and added that contrary to the allegations by Sagay, that the Judiciary took a hasty decision to recall the Judges, and that it is not on board with anti-graft war of the Federal Government.
The NJC said, “the number of Judicial Officers that have been removed from office for misconduct particularly for corrupt practices since President Buhari administration came on board that has been made public by NJC in October and November, 2016, speaks for itself in that vein.
“Some of the Judicial Officers were removed from office by dismissal or compulsory retirement by the President or Governors on the recommendation of the NJC, while a number of the Judicial Officers were reprimanded by Council in the exercise of its Constitutional powers to exercise disciplinary control over Judges of Superior Courts of record in the Federation.
“Council is constrained to say that some of the Judicial Officers that have been recommended for dismissal or compulsory retirement from Office by the president or Governors, have not, to date been removed from Office. But for suspension of the affected Judicial Officers from Office by the NJC, they would have to date, still performing their Judicial duties.
“And these are Officers that have been found culpable of gross misconduct by the NJC after due process and diligent fact finding investigation by Council based on the Rule of Law enshrined in the 1999 Constitution”.
The statement said the NJC will soon issue an advertorial on the foregoing and list out the number of Judicial Officers that have been dismissed or compulsorily retired by the President or Governors for gross misconduct or corrupt practices on its recommendation and also reprimanded by the council by suspension or warning/caution.
The NJC reiterated that it shall continue to support the President Buhari Administration posture in its fight against corruption in all its ramifications in the Federation; and in cleansing the Judiciary of corrupt Judicial Officers, under the purview of the 1999 Constitution and the principles of the Rule of Law enshrined therein.
In its bid to fault the NJC’s decision recalling the Judges from suspension, the Presidency, through the Special Assistant to the President on Prosecution, Okoi Obono-Obla on Monday again, accused the NJC spokesman, Soji Oye of misrepresenting facts and law when Oye said the AGF Office had, on 18th and 21st April, 2017 shunned invitations by the Abuja High Court for settlement of records of appeal, which, if done would have elevated the notices of appeal to proper appeal.
Obono-Obla said Soji Oye’s statement was a deliberate misrepresentation of the law and facts, explaining that the FCT High Court registry, by a notice dated 6th June, 2017 signed by one Paul A. Edili, Esquire (Head of Appeal) invited both parties to the appeal to attend Court on the 14th June, 2017 for the purpose of reconciliation of records of appeal.