National Judicial Council (NJC) has faulted the call by the Nigerian Bar Association (NBA) for the compulsory suspension of some judges recently arrested by the Department of State Services (DSS) on corruption allegations.
NBA President, Abubakar Mahmud (SAN), had, at a function in Abuja on Thursday, urged the affected judges to either be sent on compulsory suspension or cease to exercise their judicial powers until their innocence was proved.
NJC argued in a statement late yesterday that the NBA was wrong in calling for the judges’ suspension having earlier supported the council’s decision to condemn the arrest which it described as an attempt to cow the judiciary.
It said, in the statement by its Acting Director, Information, Soji Oye, that the council could only exercise its disciplinary powers over judicial officers where due process were complied with.
It said the midnight invasion of the judges’ houses and their arrest by the DSS violated due process and could not serve as a basis for the NJC to suspend the affected judicial officers.
Part of the statement reads: “NJC is constrained to inform the general public that its constitutional mandate is to process and recommend to the executive at the federal and state levels, the appointment, and or the removal of judicial officers from office, including exercise of its disciplinary control of suspending and or warning judicial officers after complying with due process and the rule of law.
Since this creation of the NJC vide the 1999 Constitution of the Federal Republic of Nigeria, as amended, it has exercised its powers and performed its functions within its constitutional limitations.
Thus, the current position of the Nigerian Bar Association vis-à-vis its recommendation that the affected judicial officers involved in the ongoing investigation of judicial officers by the DSS, be requested to proceed on compulsory leave until the conclusion of all disciplinary proceedings against them, is unacceptable to the NJC; as it breaches the 2014 Revised Judicial Discipline Regulations formulated by the NJC pursuant to Section 160 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
It is to be reiterated also that by the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, NJC shall not be subject to the direction or control of any other authority or person while exercising its disciplinary power of control over judicial officers in the federation.
Members of the public are hereby informed that the mechanism that will determine a judicial officer to be directed or requested to proceed on compulsory leave or be suspended from office, is a disciplinary power that NJC can only exercise after initiating disciplinary proceedings on the complaint or petition forwarded against the judge, after he has been found culpable.
Therefore, to act on the recommendation of the NBA, it is not only contrary to the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, but it means the NJC will direct any judicial officer that has been petitioned even if the allegations contained therein are frivolous and baseless, to proceed on compulsory leave or be suspended from office without complying with the rule of law.
That is not the understanding of the NJC of the intention of the framers of the 1999 Constitution of the Federal Republic of Nigeria, as amended vis-à-vis its Constitutional powers and functions on initiation of disciplinary proceedings culminating in suspension of judicial officers.
Thus, to act on the request of the departments of government and the recommendation of the NBA, the 808 judicial officers that had been petitioned and accused of professional misconduct and or corrupt practices, without investigation by the NJC, would have all been suspended or sent on compulsory leave and the courts would have been deserted.
NJC is not unmindful of the concern of the public on a situation whereby a judicial officer is being investigated and or prosecuted for commission of a criminal offence such as murder or robbery; and whether he is not supposed to be requested or directed to proceed on compulsory leave or be suspended from office.
In the circumstance, unless the subject judge accused of commission of the offence of murder or robbery is petitioned to the NJC, it shall not assume the disciplinary power of control over judicial officers to suspend or direct the subject judge to proceed on compulsory leave.
Thus,the NJC can only direct any judge alleged of committing such criminal offences, to go on compulsory leave or be suspended from office if he has been investigated and found by the NJC culpable of misconduct.
Participation of NBA members in the emergency meeting of the NJC was necessitated by the unfolding events between the DSS and judiciary, bordering on administration of justice.
Suffice it to say that the decision of the NJC in respect of the recent events and the current state of the judiciary, particularly in condemning the invasion and arrest of the judicial officers by the DSS and considers it as a threat to independence of the judiciary which portends great danger to our democracy; and a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the judiciary, was unanimously taken by the members of the council present, including the President and other members of the Nigerian Bar Association at its last emergency meeting which was held on 11th October, 2016,” it said.
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