Recalled judges: Lawyers disagree on whether FG should apologise
Following the decision of the National Judicial Council (NJC) to recall the six judges that were suspended last year, lawyers have questioned the call on the Federal Government to tender apologies for their arrests. Constitutional lawyer, Chief Mike Ozekhome (SAN) while reacting had asked the government to apologise to the affected judges for the public […]
Following the decision of the National Judicial Council (NJC) to recall the six judges that were suspended last year, lawyers have questioned the call on the Federal Government to tender apologies for their arrests.
Constitutional lawyer, Chief Mike Ozekhome (SAN) while reacting had asked the government to apologise to the affected judges for the public embarrassment they suffered as a result.
Dayo Akinlaja (SAN) said that there is nothing wrong in recalling them.
"To start with, the presumption of innocence inures in their favour right from the onset. I guess they were suspended ab initio not because the law so dictated but due to a felt need to assuage the feelings of the public.
“For his lordship, Okoro, JSC, who has not been arraigned before any court of law till date, he deserves to be recalled even with apology. With the victory of Ademola, J. at the High Court, there is for now no legal impediment to his recall,” he said.
Also speaking, Evidence Law expert and author, Sebastine Hon (SAN) said, “No country treats its citizens the way those Judicial Officers were treated; and the NJC just woke up to its constitutional and moral responsibility – by taking this bold step.
"Speaking for myself, I will say kudos to the NJC. I will also conclude by urging the security agencies not to see this as an attempt by the Judiciary to splash odious mud on their face, but as the discharge of a constitutional and moral obligation by the NJC,” he said.
However, Abuja-based legal practitioner, Hameed Jimoh is of a different opinion. He said there was no reason to call on the FG to apologise.
“We have to look at the reason why FG should apologise or not. For FG to apologise is administrative. It is at its discretion to or not to apologise.
"Another thing is that, if the arrest was carried out through a lawful act by the FG, for example the DSS raid. Since they were carrying out their lawful duty, I think they are justified.
"The DSS have right to arrest anyone suspected of any crime and they have done that on behalf of the FG and there is a suspicion which has either been cleared by the court or not. Even the court cannot prohibit or restrain the DSS from carrying out its official duty.
“However, if anyone feels his rights have been contravened, infringed upon or that he has been unlawfully and unjustly treated, there is a room for seeking redress. Such person can institute an action in court,” he said.
Another lawyer who doesn’t want to be named said he didn’t believe FG should apologise since the matters are still ongoing because of the appeal that has been filed in the case of Justice Ademola.
In the other cases of where arraignment was not carried out, he said, “FG has not come out to give their side of the matter. Until they respond before one can know their motives. One cannot just conclude that they (FG) should tender apologies to them.”