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Presidential Advisory Committee Against Corruption (PACAC) chairman, Professor Itse Sagay (SAN), has said that the suspended judges does not foreclose their being charged, although he says he has no objection to their recall since they have not been charged.
Recall that the National Judicial Council NJC has recalled six suspended judges who were either not charged for corruption or acquitted by the court.
The decision was taken at the 82nd meeting of the council which held on May 31 in Abuja and presided by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
But Sagay, in his reaction, said if they are eventually charged with any offence in future, the NJC would decide whether to suspend them again.
His words: “Their recall is to be expected. Since the raid occurred, if there was a substantial case against them, they should have been charged to court. So, I have no personal objection to what the NJC has directed.
“However, their recall doesn’t mean a charge cannot be brought against any of them. If a charge is ready it’ll be filed and then the case will go on. It’ll then depend on the NJC to decide at that time whether they should continue sitting, but that cannot stop the case from going on.”
Related: NJC recalls Justice Ademola, 5 Other Suspended Judges
Activist lawyer Chief Mike Ozekhome (SAN), said the judges’ recall was long overdue.
With respect to Justice Ademola whose case was dismissed, he said: “Until the appellate court upturns the earlier judgment of the lower court, such judgement subsists and is enforceable.
“The only exception is if there was a stay of execution, since a mere appeal does not operate as a stay of execution.
“It is, therefore, right for the NJC to recall the judges to work. It was even too late in coming,” he said.
Recall that the National Judicial Council NJC has recalled six suspended judges who were either not charged for corruption or acquitted by the court.
The decision was taken at the 82nd meeting of the council which held on May 31 in Abuja and presided by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
But Sagay, in his reaction, said if they are eventually charged with any offence in future, the NJC would decide whether to suspend them again.
His words: “Their recall is to be expected. Since the raid occurred, if there was a substantial case against them, they should have been charged to court. So, I have no personal objection to what the NJC has directed.
“However, their recall doesn’t mean a charge cannot be brought against any of them. If a charge is ready it’ll be filed and then the case will go on. It’ll then depend on the NJC to decide at that time whether they should continue sitting, but that cannot stop the case from going on.”
Related: NJC recalls Justice Ademola, 5 Other Suspended Judges
Activist lawyer Chief Mike Ozekhome (SAN), said the judges’ recall was long overdue.
With respect to Justice Ademola whose case was dismissed, he said: “Until the appellate court upturns the earlier judgment of the lower court, such judgement subsists and is enforceable.
“The only exception is if there was a stay of execution, since a mere appeal does not operate as a stay of execution.
“It is, therefore, right for the NJC to recall the judges to work. It was even too late in coming,” he said.
