A
abujagirl
Guest
The National Judicial Council, NJC has kicked against the request by the President of the Nigeria Bar Association,NBA that the judges recently arrested by the DSS should embark on compulsory leave.
READ: NBA - Accused Judges Should Embark On Compulsory Leave
A statement issued by NJC’s director of information, Soji Oye, on Friday said the request went contrary to 2014 Revised Judicial Discipline Regulations of the NJC and the provisions of Nigeria’s constitution in general.
“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.
“That is not the understanding of NJC of the intention of the framers of the 1999 Constitution of the Federal Republic of Nigeria, 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,” the council said.
“The National Judicial Council (“NJC”) is not unaware of the judgment of the Court of public opinion on the recent events between the State Security Services (“SSS”) and the Judiciary; and the various views expressed by Legal Practitioners, Academics, Politicians and the general public, particularly the current position of the President of the Nigerian Bar Association to wit:- “We therefore strongly recommend that, without prejudice to the innocence or otherwise of the Judges involved in the ongoing investigations, they should recuse themselves from further judicial functions or required to proceed on compulsory leave until their innocence is fully and completely established or until the conclusion of all judicial or disciplinary proceedings”.
“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,” the council said.
READ: NBA - Accused Judges Should Embark On Compulsory Leave
A statement issued by NJC’s director of information, Soji Oye, on Friday said the request went contrary to 2014 Revised Judicial Discipline Regulations of the NJC and the provisions of Nigeria’s constitution in general.
“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.
“That is not the understanding of NJC of the intention of the framers of the 1999 Constitution of the Federal Republic of Nigeria, 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,” the council said.
“The National Judicial Council (“NJC”) is not unaware of the judgment of the Court of public opinion on the recent events between the State Security Services (“SSS”) and the Judiciary; and the various views expressed by Legal Practitioners, Academics, Politicians and the general public, particularly the current position of the President of the Nigerian Bar Association to wit:- “We therefore strongly recommend that, without prejudice to the innocence or otherwise of the Judges involved in the ongoing investigations, they should recuse themselves from further judicial functions or required to proceed on compulsory leave until their innocence is fully and completely established or until the conclusion of all judicial or disciplinary proceedings”.
“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,” the council said.
