Alleged corruption: ‎Lawyer sues CJN, NJC over suspension of judges

THE Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, and the National Judicial Council (NJC) have been dragged before a Federal High Court in Abuja over the continued suspension of judges who were arrested and detained by the Department of State Service (DSS), but yet to be charged to court.

In the suit marked FHC/ABJ/CS/398/2017, the court was called upon to make an order directing the CJN and NJC (defendants) to urgently reinstate or recall the affected judicial officers to their respective courts.

The affected judges are Justices Inyang Okoro of the Supreme Court, Adeniyi Ademola of the Federal High Court; Agbadu Fishim of the National Industrial Court, Yenagoa, Bayelsa State and Justice Musa H. Kurya of Federal High Court, Jos.

The suit, filed by an Abuja based legal practitioner, Olugbenga ‎Adeyemi, is further asking for an order of perpetual injunction restraining the defendants from further suspending the affected Judges until the final determination of the case.

‎The lawyer who posed four questions for the determination of the suit is contending that having regards to the clear, unambiguous and mandatory provisions of section 153(1)(i), 250(2) and Paragraph 21 of the 3rd schedule to the 1999 Constitution, which established the NJC and confers on it the power of disciplinary control over judicial officers, whether the defendants, have powers to suspend a judicial officer indefinitely or bar him from performing his/her judicial duties until further notice, when he has not been found guilty of any particular offence by a competent court or tribunal.

The court is also called upon to determine whether having regards to the clear, unambiguous and mandatory provisions of section 153(1)(i), 250(2) and Paragraph 21 of the 3rd schedule to the 1999 Constitution, which established the NJC and confers on it the power of disciplinary control over judicial officers, whether the defendants can lawfully suspend a judicial officer indefinitely or bar him from performing his/her judicial duties until further notice ‎based on every unsubstantiated and unsupported allegations made by individuals, groups or agencies of the Federal Government, including the DSS, Economic and Financial Crimes Commission and Independent Corrupt Practices and other Related Offences Commission.

‎The plaintiff further asked the court to determine whether by the said provisions of the constitution, the defendants can lawfully suspend a judicial officer indefinitely or bar him from performing his/her judicial duties until further notice‎ without conducting or piloting proper investigation and or enquiry into any allegations levelled against them.

‎In a related development, a constitutional lawyer and author, Sebastine Hon (SAN) has called on the Federal Government to either charge Justice Inyang Okoro of the Supreme Court and ‎Justice Agbadu Fishim amongst others to court or lift their suspension, if a prima facie case has been established against them.

The lawyer noted that while some of their colleagues including Justices Sylvester Ngwuta of the Supreme Court, Hon Justices Ajumogobia and Adeniyi Ademola have since been arraigned in court, Justices Okoro, Fishim and others are yet to be taken to court.

The SAN said, Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended has secured the fundamental right of, “every individual” to “respect for dignity of his person” and accordingly provides further that “no person shall be subjected to torture or to inhuman or degrading treatment.