NJC clears the air on recalled suspended judges

THE National Judicial Council (NJC) at the weekend cleared the air on the recall of judicial officers that had been earlier directed to recuse themselves from performing judicial duties pending the conclusion of investigation or determination of the cases filed against them.

A statement by Director of Information of the Council, Soji Oye at the weekend said the NJC is particularly concerned about the press statement issued by the Special Assistant to the President on Prosecution, Okoi Obono-Obla that the Office of the Attorney-General of the Federation (AGF) had filed a Notice of Appeal against the ruling of Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja, for discharging and acquitting Justice Adeniyi Ademola and two others on April 7, 2017.

“Contrary to the above statement, the Registry of the High Court of the FCT, Abuja, informed the Department of Information of the NJC that the Office of the AGF filed two Notices of Appeal in the Court; the first one on 7th of April, 2017, against Justice Adeniyi Ademola, his wife, Olabowale Ademola and Joe Agi (SAN). 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 Adeniyi Ademola,” the NJC spokesman stated.

Oye, in the statement titled, “Putting the record straight” said when the parties were invited by the FCT High Court for settlement of records to be transmitted to the Court of Appeal on April 18, 2017, the appellant failed to turn up and the Registrar of the Court further adjourned the settlement of records to April 21, 2017, and invited all the parties, but the appellant again did not come to court.

According to the NJC, the 45 days allowed for compilation of record in all circumstances expired on May 7, 2017, for the Registrar of the Lower Court and May 22, 2017, for the appellant.

The Council noted that the Office of the AGF only filed additional grounds of appeal in the court on Tuesday, June 6, 2017, three days after the press release by the council that the judicial officers have been directed to resume their judicial duties.

The statement read in part, “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 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.

“Council is aware that at the Code of Conduct Tribunal, the Federal Government filed suits against Justices N. S. Ngwuta and Inyang Okoro of the Supreme Court and Adeniyi Ademola of the Federal High Court on February 8, 2017.

“However, the Federal Ministry of Justice later withdrew the files pertaining the suits against Justices Inyang Okoro and Adeniyi Ademola, with the intention of filing additional evidence against them,” it stated and added that Justice Ngwuta has since been arraigned before the Code of Conduct Tribunal for non-declaration of his assets.

“In effect, there is currently no suit filed against Justices Inyang Okoro and Adeniyi  Ademola J. at the tribunal” and added that “contrary to the allegations by Professor Itse Sagay (SAN), Chairman, Presidential Advisory Committee Against Corruption, that 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 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 presidency or governors, have not to date been removed from office.  But for suspension of the affected judicial officers from office by NJC, they would have to date been still performing their judicial duties.

“And these are officers that have been found culpable of gross misconduct by 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 council by suspension or warning/caution.

“Council reiterates that it shall continue to support the President Buhari administration’s 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.”