NJC , NBA divided over embattled Judges

The National Judicial Council ( NJC ) has said that current position of the Nigerian Bar Association ( NBA) recommending that Judges involved in the on-going investigation of Judicial Officers by the DSS, to step aside until the conclusion of all disciplinary proceedings against them, is unacceptable. The NJC stated this on Friday in its […]

The National Judicial Council ( NJC ) has said that current position of the Nigerian Bar Association ( NBA) recommending that Judges involved in the on-going investigation of Judicial Officers by the DSS, to step aside until the conclusion of all disciplinary proceedings against them, is unacceptable.

The NJC stated this on Friday in its reaction to the position of the President of the NBA Abubakar Mahmud on Thursday in Abuja, adding that the position breaches the 2014 Revised Judicial Discipline Regulations formulated by NJC pursuant to Section 160 of the 1999 Constitution.

NJC said 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.

"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", NJC said.

"It is not the understanding of NJC of the intention of the framers of the 1999 Constitution, 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 NJC, would have all been suspended or sent on compulsory leave and the Courts would have been deserted.

According to NJC, the NBA President and members participated in its emergency meeting where the decision of 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.