ADVERTISEMENT

Call for justices to step down unacceptable - NJC tells NBA

The DSS has earlier accused some senior judicial officers of fraud and professional misconduct.

Lawyers during an induction

The Acting Director of Information of the Council, Mr Soji Oye, made this known in a statement to newsmen in Abuja on Friday.

Oye said the Council was not unaware of the various views expressed by members of the public on the matter, adding that it reserved the right to ensure the best action was taken.

He said the NJC could only recommend appointments, dismissal and if need be other punitive measures against erring judicial officials to either the President or the Governor of a State as prescribed by the Law establishing it.

ADVERTISEMENT

“The Council’s mandate is limited by the provisions of the 1999 Constitution that established it.

“NJC is constrained to inform the general public that its Constitutional mandate is to recommend to the Executive at the Federal and State levels, the appointment, and or the removal of Judicial Officers from office.

"This includes exercise of its disciplinary control of suspending and or warning Judicial Officers after complying with due process and the Rule of Law,”  the NJC director of information said.

He further said:“Since the creation of Council vide the 1999 Constitution it has exercised its powers and performed its functions within its Constitutional limitations.

“Thus, the current position of the NBA vis-à-vis its recommendation that the affected judges under investigation by the DSS, be requested to proceed on compulsory leave until the conclusion of all disciplinary proceedings against them, is unacceptable to NJC.

ADVERTISEMENT

“That 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 said.

“By the provisions of Section 158 of the 1999 Constitution, 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, ” he said

Oye said the mechanism to determine erring judicial officer to proceed on compulsory leave or be suspended from office was a disciplinary power that NJC could only exercise after such officer was 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, 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.

“That is not the understanding of NJC of the intention of the framers of the Constitution vis-à-vis its Constitutional powers and functions on initiation of disciplinary proceedings culminating in suspension of Judicial Officers.

ADVERTISEMENT

“Thus, to act on the request of the departments of government and the recommendation of the NBA, means 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,” Oye said.

The NBA boss  on October 20, 2016, at the valedictory Court session in honour of retiring Justice Sotonye Denton-West, called on NJC to order the stepping down of the embattled judges pending the resolution of the allegations.

The News Agency of Nigeria (NAN) reports that the association had vehemently criticised the Department of State Services (DSS) for treating the judges the manner it had done.

The DSS had on October 7 and October  8, 2016, clamped down on seven federal judges including two Justices of the Supreme Court, in sting operations, designed to catch them red-handed.

Huge amounts of  money in local and foreign currencies were recovered from the judges.

JOIN OUR PULSE COMMUNITY!

Unblock notifications in browser settings.
ADVERTISEMENT

Eyewitness? Submit your stories now via social or:

Email: eyewitness@pulse.ng

Recommended articles

BREAKING: Delta monarch declared wanted by military surrenders to police

BREAKING: Delta monarch declared wanted by military surrenders to police

Renowned Canada-based Nigerian playwright, Oguntokun is dead

Renowned Canada-based Nigerian playwright, Oguntokun is dead

Kaduna Gov grants scholarship to 137 rescued schoolchildren, son of late teacher

Kaduna Gov grants scholarship to 137 rescued schoolchildren, son of late teacher

Siamese twin gets married while still conjoined with her sister

Siamese twin gets married while still conjoined with her sister

LP BoT kicks out Abure despite convention victory, takes over party affairs

LP BoT kicks out Abure despite convention victory, takes over party affairs

6 Labour Party lawmakers defect to PDP in Enugu State

6 Labour Party lawmakers defect to PDP in Enugu State

Tinubu's special assistant donates food items to 1,700 residents in FCT

Tinubu's special assistant donates food items to 1,700 residents in FCT

Anambra PASAN begins strike over Soludo's failure to grant financial autonomy

Anambra PASAN begins strike over Soludo's failure to grant financial autonomy

Governor Sanwo-Olu pays ₦4.48 billion to 1,455 retirees in accrued pensions

Governor Sanwo-Olu pays ₦4.48 billion to 1,455 retirees in accrued pensions

Pulse Sports

Nigeria vs Mali: Has Finidi George done enough to land Super Eagles job permanently?

Nigeria vs Mali: Has Finidi George done enough to land Super Eagles job permanently?

I want to emulate Keshi and win the AFCON - Finidi George shares ambitious Super Eagles dream

I want to emulate Keshi and win the AFCON - Finidi George shares ambitious Super Eagles dream

Michelle Alozie: I had to do it because of African referees

Michelle Alozie: I had to do it because of African referees

AC Milan star reveals he was named after Super Eagles legend Tijani Babangida

AC Milan star reveals he was named after Super Eagles legend Tijani Babangida

Give him the job! Super Eagles fans beg NFF to make Finidi George permanent coach after Nigeria's win over Ghana

Give him the job! Super Eagles fans beg NFF to make Finidi George permanent coach after Nigeria's win over Ghana

Super Eagles 2-1 Black Stars: Nigerians praise Iwobi, Lookman, Finidi George after friendly victory against Ghana

Super Eagles 2-1 Black Stars: Nigerians praise Iwobi, Lookman, Finidi George after friendly victory against Ghana

ADVERTISEMENT
ADVERTISEMENT