In what appeared to be a U-turn on its earlier stand, Nigeria Bar Association, NBA, yesterday, called on judges accused of alleged corruption to excuse themselves from further judicial functions.
Seven judges were rounded up recently by the Department of State Services, DSS, in a sting operation aimed at cleansing the judiciary of corrupt elements.
The move was, however, criticised by NBA, calling it an attempt by the Executive to ridicule and subjugate the judicial arm of government.
But speaking during the valedictory session in honour of Justice Sotonye Denton West of the Abuja division of the Court of Appeal, the NBA President, Abubakar Mahmoud, SAN, noted that in order to safeguard the public image and sanctity of the judiciary, it has become necessary for the judges involved in the ongoing investigations to excuse themselves from further judicial functions or proceed on compulsory leave until their innocence is fully and completely established.
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NBA president, Mahmoud |
He said: “In the interim, however, particularly having regards to what appears to be ongoing accusations and counter accusations between some of the judges and other personalities or agencies, it appears to the NBA that it is extremely important that the NJC takes very urgent steps to safeguard the public image and sanctity of the courts.
“We therefore strongly recommend that, without prejudice to the innocence or otherwise of the judges involved in the ongoing investigations, they should be required to excuse 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.
“We believe this will be necessary in order to protect the sanctity and integrity of judicial processes that may involve the judges concerned and safeguard the public image of the institution.”
The NBA boss further stated that it has set up a Task Force after its meeting with the Attorney General of the Federation and Minister of Justice, Abubakar Malami, as well as past and serving leaders of the Bar to urgently review the current developments and come up with clear specific recommendations on how best to clean up the nation’s judiciary and rebuild confidence of Nigerians.
He added that the report is expected to be out in two weeks.
On her part, Justice Sotonye Denton West, who in her valedictory speech admitted that she has been a victim of judicial corruption, described as unfortunate the news making the rounds about the nation’s justice system.
While stressing the need to uphold the tenets of justice and fair play, she charged judicial officers to always dispense justice to all manner of men without fear or favour, affection or ill will.
“How we treat those who can’t fight back should matter. It is only when this culture is imbibed that the rule of law will be restored.
“The bar and the bench must join hands to cleanse our profession. Let us revert to the hollowed traditions of integrity, fairness and steadfast diligence that were stock in trade of the legal profession,” she said.
Speaking on the recent development where courts of coordinate jurisdiction give same orders, Justice Denton-West urged judges to always ensure that they study cases assigned to them with all diligence to avoid giving discordant judgements in similar cases. ”We should strive to uphold the sanctity and the dignity of the courts. Courts of coordinate jurisdiction should not undermine each other.
“As the oldest serving female judge, I have been a recipient of such an unbecoming attitude by a judge in the same jurisdiction. It is very unfortunate,” she added
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