NJC can suspend judges accused of corruption, Falana says

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A Nigerian lawyer and human rights activist, Femi Falana, has faulted the claim by the National Judicial Council that it cannot suspend judges involved in allegations of corruption.

The NJC had made the claim in response to advice by the Nigerian Bar Association, NBA, on the seven judges arrested by the State Security Service after their homes were raided on October 7, over allegations of corruption.

In the aftermath of the arrests, the NJC described the development as a denigration of the judiciary, adding that the council would not succumb to any form of external intimidation.

The NBA, in an initial decision also condemned the arrests. But it later called for the suspension of the affected judges pending the determination of the allegations against them.

In its reaction, the NJC described the reported financial allegations against the judges in the media as “judgements of the court of public opinion” and added that the demand by the NBA was unacceptable.

“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 the creation of 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 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,” the NJC said.

In a statement on Monday, Mr. Falana said NJC had subscribed to allegations from the public in the past and had powers to give interim suspension, following allegations of corruption.

“Notwithstanding the gravity of the allegation of judicial corruption and the far reaching implication for the image of the nation’s judiciary, the NJC has not deemed it fit to institute any inquiry into the matter on the grounds that the SSS has not submitted any report to it. Thus, the NJC has allowed the allegation of judicial corruption to continue to hang menacingly on the heads of the judges like a sword of Damocles. However, the NJC has held an emergency meeting to review the arrest of the judges.

“It is on record that each of the judges has denied involvement in judicial corruption. Apart from Justice Nnamdi Dimgba who has categorically denied any involvement in corrupt practices or misconduct, others have alleged that their ordeal is politically motivated. In their own defence the two Justices alleged that two serving ministers had met them to discuss pending appeals at Supreme Court. One of the jurists even suggested that the huge sums of money seized by the SSS were planted in his house. Before then, a judge in the federal high court had said that he admitted and signed for the millions of Naira and foreign currencies recovered from his residence under duress.

“If the NJC had treated this national crisis with the urgency required, it should have investigated the matter based on the avalanche of materials placed before it. Interestingly, the NJC had handled a similar complaint of judicial corruption about a decade ago. That was in 2006 when it was alleged that the members of the Akwa Ibom governorship election petition tribunal had received bribes to pervert Justice. Without prejudice to the innocence of the judges, the NJC suspended them and requested the Director-General of the SSS to conduct a discreet investigation into the allegation.

“Upon the receipt of the report of the investigation it was found that each of the members of the tribunal had received a bribe of N10 million while a judge of the federal high court had acted as a conduit pipe in the scandal. At that stage, the judges were confronted with the allegations. As their defence was found unsatisfactory, the NJC recommended their removal from the bench. Furthermore, the NJC referred the matter to the Independent and Corrupt Practices and Other Offences Commission. One of the indicted judges collapsed and died when the ICPC operatives wanted to arrest him in his house in Makurdi, Benue State!” said Mr. Falana.

He added that neighbouring countries around Africa had acted similarly in the past, while addressing cases of judicial corruption.

“Last year, the Judiciary of Ghana found itself in a more embarrassing situation than ours. Since the bar and the bench had paid lip service to the nagging crisis of judicial corruption, an investigative journalist, Anas Arameyaw Anas, recorded several judges on tape while they were busy negotiating bribes of various sums. The Judicial Council under the Chief Justice of Ghana, Lady Regina Wood, moved speedily to douse the tension in that country. The 22 judges who were recognised in the video were immediately placed on suspension. They were later investigated and dismissed from the bench.

“Before then, the Acting Chief Justice of The Gambia, Justice Joseph Wowo, a Nigerian, was caught in a video demanding a bribe of 2.5 million Dalasis to pervert justice in a land matter. Following the demand for his prosecution by the Gambian Bar Association, the judge quietly resigned as the Acting Chief Justice and disappeared from The Gambia. He was later dismissed in absentia by President Yayah Jameh.

“In view of the foregoing, the NJC ought to commence an investigation into the serious allegation of judicial corruption levelled against the embattled judges without any further delay. Having regard to the embarrassing disclosures in the letters addressed to the Chief Justice by the judges, the NJC should follow the advice of the Nigerian Bar Association by placing them on suspension, pending the conclusion of full scale investigation, in line with section 2.2.3 of the National Judicial Policy of the National Judicial Council, which stipulates that the Council shall have the “powers of interim suspension”.

Mr. Falana added that both bodies of the judiciary should demand an apology from the SSS for its inability to indict Mr. Dimgba despite the raid on his residence on October 7.

“However, both the NJC and the NBA should demand a public apology for Justice Nnamdi Dimgba as the SSS has not been able to link him with any corrupt practice or misconduct whatsoever”.