No Judge can be invited by DSS without due proces – NJC
The National Judicial Council has described the invasion of the residences and arrest of some serving and suspended judicial officers by the Department of Security Services (DSS) as a threat to the independence of the judiciary, adding that no judicial officer shall be invited by any institution in the country, including the DSS, without complying with the rule of law and due process
ï¿¼The council, in a statement last night, was reacting to the arrest and release on bail of seven judges at the weekend by the DSS for alleged corruption.
The affected judges are: Justices Okoro and Ngwuta of the Supreme Court; Justice Muhammad Ladan Tsamiya of the Court of Appeal; Justice Kabiru Auta of the Kano High Court; Justice Mu'azu Pindiga of the Gombe High Court; Justice Ibrahim Auta, Chief Judge of the Federal High Court of Nigeria; and Justice Adeniyi Ademola.
A DSS source informed THISDAY on Wednesday that they would be arraigned next week.
However, the NJC held a two-day emergency meeting which ended on Wednesday evening, but deferred making any statement on the arrest of the judges till yesterday.
The council, in its statement, said the invasion portends great danger to Nigeria's democracy and also considered the action as a clear attempt by the DSS to 'humiliate, intimidate, denigrate and cow the judiciaryâ€Ž'.
It expressed grave concern over the invasion and condemned the action in its entirety.
Confirming THISDAY's exclusive report on the correspondence between the NJC and DSS, the council stated as follows: '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.
'That the National Judicial Council has never shielded, nor will it shield any judicial officer who has committed any misconduct.
'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.
'That the action of the DSS is a denigration of the entire judiciary, as an institution.
'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.
'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, victimisation or suppression.
'The council will not compromise the integrity and impartiality of the judiciary.
'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.'
The NJC added that at the end of it two-day meeting, it unanimously agreed to recommend Justice W. S. N. Onnoghen, as the most senior, suitable and competent justice of the Supreme Court to President Muhammadu Buhari for appointment as the next Chief Justice of Nigeria (CJN), to succeed Hon. Justice Mahmud Mohammed, who retires from office on the 10th November 2016.
â€ŽThe statement further read: 'At its last emergency meeting, which was held on 11th October 2016, Council decided among other matters, as follows:
'That the 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.
'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; andâ€Ž iv) National Judicial Policy to inter-alia, regulate its own procedure while exercising its constitutional powers.
'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-Ã -vis directing or controlling it by any authority or person while exercising its powers.
'â€ŽReiterated its absolute confidence in the 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, of which Nigeria is a member.
'â€ŽThat 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.'
The council further addressed the issues as they affected each of the affected judges.
In the case of Justice Ngwuta, it stated that the public was aware that Ngwuta, a justice of the Supreme Court, was arrested after his house was invaded by heavily armed and masked operatives of the DSS on Friday, 7th October 2016.
'The operatives did not leave his house until noon of the following day, when he was whisked away to the ('DSS') office,' it revealed.
In the case of Justice Okoroâ€Ž, the council stated that the residence of Justice Okoro, a justice of Supreme Court, was raided in the same manner and was arrested by the same operatives of the DSS.
It stated that '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'.
In the case of Justice Muhammed Ladan Tsamiya of the Court of Appeal, the council said that â€Žat its meeting held on 29th September 2016, it found him culpable of professional misconduct contrary to the Code of Conduct for Judicial Officers and the provisions of Section 292 of the constitution.
NJC said that it accordingly recommended him to Buhari for compulsory retirement from office, following the petition written by one Mr. Nnamdi Iro Oji for demanding the sum of N200 million bribe.
The council said: 'It is to be stressed that from the evidence before the it, Hon. Justice Ladan Tsamiya did not receive the N200 million 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 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.'
On Justice I. A. Umezuluke, the Chief Judge of the Enugu State, the council â€Žrevealed that it also recommended him for compulsory retirement from office to the Enugu State governor for gross misconduct, pursuant to the petition written against him by Mr. Peter Eze.
It stated that the judge remained suspended, pending the time the Enugu governor would act on its recommendation.
With respect to Justice A.F. Ademola of the Federal High Court, Abuja, the council said there was a petition written against him by â€ŽHon. Jenkins Duviegiane Gwebe on allegations bordering on corrupt practices.
It disclosed: 'Currently, a committee of the council is investigating the allegation. â€ŽThere is no other petition against Hon. Justice Ademola from DSS pending at the National Judicial Council.'
In the case of Justice Kabiru Auta of the Kano State High Court, the council said he was investigated based on allegations of corrupt practices levelled against him in a petition by one Alhaji Kabiru Yakassai.
NJC added that it had recommended the judge to the governor of Kano State for removal from office by dismissal.
It said: 'Council wrote separately to the AIG Kano Zone 1, for the police to prosecute Hon. Justice Auta. Council has suspended His Lordship from office pending when the governor will act on its recommendation.'
On Justice Pindiga of the Gombe State High Court, the council said it received a petition from DSS against him alleging â€Žcorrupt practices against him.
'The DSS had alleged that the â€Žâ€Ž 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 (of Rivers State).
'It was also alleged â€Žthat further ongoing discreet investigation, Justice Pindiga was observed to have illegally enriched himself through corrupt means.
'Part of the illegitimate proceeds suspected to have accrued to Pindiga include the underlisted: a) Two (2) completed blocks of six (6) units of two bedroom flats in Federal Low Cost Estate in Gombe metropolis; b) Four (4) units of bungalows in another part of the estate; c) An uncompleted property at GRA in Gombe metropolis; d) a Mercedes Benz C300 car in the name of MUBAJJAL; e) a Toyota Venza-Model SUV.
'The DSS also alleged that from all indications, it was apparent that Pindiga, who is a very senior justice in Gombe State, was highly corrupt,' the NJC disclosed.
The council further stated that DSS alleged that 'Pindiga's 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 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,' NJC alleged.
The council said theâ€Ž complaint was not supported by a verifying affidavit deposed to by the DSS, as required by the National Judicial Council Discipline Regulations 2014.
The council said 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, and that the DSS deposed to the verifying affidavit following which Justice Pindiga responded to the allegations against him by DSS.
NJC said: '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/5/1/132 of 9th August, 2016 and copied the DSS.'
In the case of Justice Nnamdi Dimgba, the council said: '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,' it said.
The NJC said it had also meticulously considered the entire unfolding events that led to the arrest of the judicial officers and the misinformation and disinformation making the rounds in both the 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.
It noted particularly that from the available records, the DSS forwarded only two separate complaints containing allegations of corrupt practices against Justice Pindiga and corrupt practices and professional misconduct against Justice Dimgba.
'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,' it stated.
Rendering an account of the disciplinary cases it has handled since 2000, it said: '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.
'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.
'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 the Supreme Court and Court of Appeal were received by the respective Chief Justices of Nigeria and Chairmen of the National Judicial Council.
'Eighty-two 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 of the judicial officers were recommended to the president or governor, where applicable, for compulsory retirement from office; while 12 were recommended to the president or governor, as the case may be, for dismissal from office.'
The Nigerian Bar Association (NBA) also yesterday dismissed claims by the DSS that there were allegations of wrong doing against two of the justices of the Supreme Court who were arrested last week by the department.
Speaking at the end of the association's Crisis Committee meeting held in Abuja at the new NBA House, the president of the association, Mr. Abubakar Balarabe Mahmoud (SAN) â€Žsaid that the Secretary of the NJC, Danladi Halilu and the Attorney General of the Federation and Minister for Justice, Abubakar Malami (SAN) briefed the committee on the arrest of the judges.
He said the NJCâ€Ž's secretary told the committee that there was no complaint whatsoever against Justices Sylvester Ngwuta and Inyang Okoro, both Supreme Court justices, either from the DSS or any member of the public.
He also revealed that based on investigations by the NBA the two justices were not invited for questioning.
Mahmud said that from the findings of the NBA, cases against four of the judges of the Federal High Court had been handled by the NJC and recommendations made for their punishment to the appropriate authorities, while the case against a fifth judge was pending before the council.
Mahmoud said the DSS was apparently not satisfied with some of the conclusions reached by the NJC on some of the petitions and demanded that the council sends its record of proceedings to it and which the council refused.
The correspondence between the DSS and NJC, including the council's refusal to relinquish its record of proceedings on its probe of the judges was reported exclusively by THISDAY on Tuesday.
Mahmoud said the NJC was established by the constitution and therefore not answerable to anyone including the DSS.
â€ŽHe said: 'From the briefings we received from NJC, there was no petition the council failed to act on.
'In one of the cases, DSS was not satisfied with the decision of the council. We were shown evidence that NJC had acted but DSS was not satisfied. The â€Ž DSS asked for copies of the disciplinary procedure and NJC refused.
'We are of the belief that NJC is not answerable to DSS. The council is the sole authority. DSS was wrong to demand from NJC the record of the council's proceedings.â€Ž NJC does not have to satisfy DSS. The constitution is clear on this. NJC is not subject to DSS or any other authority.'
He warned that the country's judiciary should not be exposed to ridicule and disdain by security operatives under the guise of fighting corruption.
Mahmoud insisted that the invasion of the houses of the justices in the middle of the night by masked security operatives was not proper, crude and uncivilised.
He was quick to add, however, that lawyers in the country would not condone any act of indiscipline among judges and would not shield any judge found to have contravened the law.
He declined to tell journalists what the AGF told the committee, but said both the NBA and the minister agreed to work together to fight corruption at the bar and bench.
He however announced that a task force committee had been set up by the NBA headed by former NBA presidents Chief Wole Olanipekun (SAN) and Olisa Agbakoba (SAN) to make recommendations for stronger disciplinary action for erring judicial officers which he said would be passed on to the NJC to strengthen it.
Mahmoud said the committee would submit its report within three weeks.
Reacting to the allegations made by the Chairman of the Presidential Advisory Committee Against Corruption, Professor Itse Sagay (SAN), who said he had evidence against senior members of the bar that had colluded with judges to corrupt the judiciary, Mahmoud asked him to send his petitions to the association naming the senior lawyers he accused of bribing judges.
Yesterday's meeting was attended by past NBA presidents including Olisa Agbakoba, Wole Olanipekun, Joseph Daudu, Okey Wali and some past general secretaries of the association.
Also in attendance were former Attorneys General of the Federationâ€Ž - Kanu Agabi, Akinlolu Olujinmi and Kayode Adetokunbo