There were strong indications at the weekend, that the Federal Government may conduct a purge of suspected and proven corrupt judges in the nation’s judicial system.
Sunday Mirror reliably gathered that government is having a second and more detailed look at the report of the late Justice Kayode Eso on the nation’s judiciary in which over 100 judicial officers was recommended for sack.
This is even as the Chief Justice of Nigeria, Justice Mahmud Mohammed, again condemned the arrest of some senior judges by the Department of State Services, DSS, saying it was an attack on the independence of the third arm of government. Although the Justice Kayode Eso report was reviewed by another committee, government was said to be interested in the “main” late respected jurist’s report.
It was gathered that all those indicted by the Justice Eso panel that are still in the nation’s judiciary are being given special attention in the on-going exercise.
Already, the Nigeria Bar Association, NBA, that had earlier defended some judges who were arrested or harassed by the, DSS, last Thursday shifted its position and advocated that in other to safeguard public image and sanctity of the judiciary all the affected judges in the on-going investigation should excuse themselves from judicial functions or proceed on compulsory leave until their innocence was established.
The NBA President, Mr Abubakar Mahmoud, SAN said:” We believe this will be necessary in order to protect the sanctity and integrity of judicial processes that may involve the public of the institution”.
Mahmoud may be talking from a position of knowledge, a source at the Federal Ministry of Justice informed Sunday Mirror, adding that the executive arm of government at a meeting held with the NBA leadership had made it clear that the judges should go to court to prove their innocence.
Government, he said, may pick the judges in their chambers and arraign them in a court of competent jurisdiction.
“This is not going to be the first time a judge would be picked from his chambers and dragged to the dock. In 1983, Justice Paul A. Anyebe of Benue state judiciary was arrested in his chambers and brought before Justice Umaru Eri who sentenced him to three months imprisonment without the option of fine”, the source stressed.
But getting judges to preside over cases in which the defendants are judges may be difficult; a source close to the NJC informed Sunday Mirror. Some judicial officers and lawyers who also spoke to Sunday Mirror on condition of anonymity explained that almost all the judges may refuse to hear the case.
Their reason; that the defendants or accused person had discussed details of the case with them and it would not be Justice to sit in judgment over it. Feelers from the National Judicial Council, NJC, also indicated that it may be difficult to get judges to sit over the cases.
Hours after the NBA made a U-turn and urged the accused judges to step aside, it was gathered that the NJC insisted that none of the judges would step aside. Sources close to Aso Rocks, seat of power, informed Sunday Mirror that all the persons mentioned by the embattled judges are being investigated by all the relevant agencies of government as the executive arm would also want to clean its stable.
Meanwhile, the Chief Justice of Nigeria, Justice Mahmud Mohammed said yesterday that the invasion of the official residences of some Judges in the country by operatives of the Department of State Service (DSS) was an affront on the Judiciary’s independence as an arm of government.
Justice Mohammed who also decried the antagonism that had trailed the plight of the judicial officers by members of the public condemned the call by the Nigerian Bar Association for the suspension of the embattled Judges from the Bench.
It would be recalled that the DSS had on October 7 and 8, swooped on seven judicial officers comprising two justices of the Supreme Court and judges of the Appeal and High Courts across the country over alleged corruption.
In a statement issued yesterday by his Senior Special Assistant, H. S. Sa’eed in Abuja, Justice Mohammed, who is also the Chairman of the National Judicial Council NJC, appealed to all Nigerians to continue to have faith and confidence on the Judiciary, adding that the dispute is only between the NJC and the DSS.
The statement reads in part: “The Hon. Chief Justice of Nigeria wishes to state in clear terms that the ‘sting’ operations carried out by the DSS on 07 and 08 October 2016 was certainly an assault on the independence of the Nigerian Judiciary.
Nonetheless, the Judiciary fully supports the anti-corruption drive of the President of the Federal Republic of Nigeria, President Muhammadu Buhari, GCFR.
“The Nigerian Judiciary has never and will never shield any Judicial Officer who is found to be guilty of corruption, however, the Hon. CJN believes that due process and the rule of law must be followed.
“The Honourable Chief Justice of Nigeria (Hon. CJN) is indeed deeply concerned by the rising antagonism over the recent arrest of our Judicial Officers and other issues pertaining thereto.
“Furthermore, it must be reiterated that the current misunderstanding is only between the National Judicial Council (NJC), which was established by the Constitution and the Directorate of the State Security (DSS), in the Presidency. Hence, we must emphasise that the Judiciary continues to maintain cordial relations with the other arms of government, that is, the Executive and the National Assembly.
“The Hon CJN reiterates that the Nigerian Judiciary, as an Arm of the Government of the Federal Republic of Nigeria, is not a party in this matter, nor is the Nigerian Judiciary on trial.
“On the call by President of the Nigerian Bar, A. B. Mahmoud, SAN, to suspend Judicial Officers whose residences were invaded and who were subsequently arrested and detained by the DSS, we believe that the call was unnecessary and hasty as the said Judicial Officers are still being investigated by the DSS.
“Furthermore, the DSS is yet to forward any complaint or any official communication regarding the seven Judicial Officers to the National Judicial Council.
Indeed, some of the affected Judicial Officers have already been investigated by the NJC, which found some culpable and recommended their removal from office by dismissal or retirement to the President and respective Governors as provided under the Constitution.
While some are still being investigated by the NJC, in respect of others, no complaint against them has been received by the NJC whose powers to suspend must be exercised in accordance with the provisions of the Constitution establishing it.”
Meanwhile, a civil rights group, the Citizens Advocacy for Social & Economic Rights (CASER), has asked for full media coverage of court sessions to enhance the integrity of the judiciary.
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| A Cross-section of judges |
CASER’s executive director, Frank Tietie, made the request in response to the recent arrest of judges by operatives of the Department of State Services, DSS. Mr. Tietie said his group had made the request before and was repeating to emphasise its point that the public needs to participate more in judicial proceedings as a way of canvassing the support of Nigerians for the judiciary.
“The Citizens Advocacy for Social & Economic Rights (CASER) has again, written to the Chief Justice of Nigeria urging him to approve live media broadcast of court proceedings in Nigeria. CASER believes that where greater access is given to the citizenry to observe the justice delivery process, such would greatly enhance the integrity of the judiciary,” the group said in a statement.
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