NJC Rejects NBA's Call To Suspend Judges

The National Judicial Council,NJC, has rejected calls by the Nigeria Bar

Association, NBA, to suspend or recuse Judges whose homes were invaded by

the Department of State Security, DSS, on allegation of corruption.

The NJC said acting in line with NBA's suggestion would amount to

violation of section 158 of the Constitution.
The statement read in part, “‎Thus, the current position of the Nigerian

Bar Association vis-à-vis its recommendation that the affected judicial

officers involved in the on-going 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 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.
“The 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 proceeding 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 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.

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