NJC wants Onnoghen to continue as Acting CJ pending Senate confirmation

Posted on February 9, 2017 by Staff Reporter

Hours after the presidency confirmed that Walter Onnoghen’s name had been sent to the Senate for confirmation as Nigeria’s Chief Justice, the National Judicial Council, NJC, asked that he remains in acting capacity until his confirmation.

Mr. Onnoghen was due to vacate his role as acting chief justice on February 10 unless he was confirmed as substantive chief justice or his acting role was renewed based on a recommendation of the NJC.

The NJC after its meeting on Wednesday wrote to Acting President Yemi Osinbajo seeking continuation of Mr. Onnoghen’s role as acting Chief Justice of Nigeria, multiple officials sources told PREMIUM TIMES.

The NJC recommendation will enable Mr. Onnoghen continue in acting position pending his confirmation as substantive Chief Justice by the Senate.

“The NJC wrote to the acting president today in order to beat the deadline of the expiration of the previous letter and for him to continue acting as the CJN while awaiting confirmation by the Senate,” a top judiciary official told PREMIUM TIMES Wednesday night.

Earlier in the day, Mr. Osinbajo dispatched a notice of Mr. Onnoghen’s nomination to the Senate.

“Hon. Justice W.S. Onnoghen’s name has been sent to the Senate for confirmation as the next CJN,” the presidency said in a tweet shortly before noon Wednesday.

The announcement came four months after Mr. Onnoghen was first recommended to Mr. Buhari as the next head of the country’s judiciary.

The president had until February 10 to recommend Mr. Onnoghen as substantive chief justice or the latter loses the position based on a constitutional provision.

The president’s delay in nominating Mr. Onnoghen as substantive chief judge despite the NJC recommendation fuelled allegations of ethnic bias and criticisms against Mr. Buhari.

NO PLAN TO CUT SHORT RECESS —SENATORS

Although, like many Nigerians, the Senate keenly anticipated Mr. Onnoghen’s nomination for weeks, it will not reconvene to quickly deliberate on his fate, sources said.

The Senate embarked on a three-week recess on January 26 to give members extra time to work on the 2017 budget which is still under consideration in both chambers of the parliament.

But multiple senators in separate interviews with PREMIUM TIMES acknowledged that the Senate received the president’s letter on Mr. Onnoghen, but his confirmation hearing could wait until lawmakers returned from recess on February 21.

“Today is Wednesday and no message has gone out to senators that they must reconvene by tomorrow,” the source said. “Clearly, that tells you that we won’t be doing anything about it this week.”

“The letter we received will not be read on the floor of the Senate until February 21.”

Another senator said there was no need to expedite the process, especially as the NJC had written to the presidency seeking an extension of Mr. Onnoghen’s role as acting chief justice.

“I learnt that the NJC already wrote to the president that the judge should continue acting until we confirm him,” the source said. “Frankly, I don’t see the need for any rush.”

The Senate had also refused to cut short its recess despite receiving a letter from President Buhari to extend his medical vacation in the UK.

Senate spokesperson Aliyu Sabi said the lawmakers would only discuss the president’s letter after their resumption on February 21.

Poised for confirmation

A member of Senate judiciary committee told PREMIUM TIMES Mr. Onnoghen “will most likely be confirmed” because “we know him as an incorruptible and upright judge.”

“He is qualified to head the Supreme Court and we will give him all the support he needs to scale through,” the source said.

Mr. Onnoghen’s nomination is likely to be forwarded to the Senate Judiciary Committee for initial actions, PREMIUM TIMES learnt.

NJC recommends sack of Justice Ononogbo over Corruption

Posted on December 17, 2016 by Staff Reporter

The National Judicial Council (NJC), under the chairmanship of Acting Chief Justice of Nigeria, Justice Walter Onnoghen, has recommended the dismissal of Justice Ugbo Ononogbo of the Abia State High Court of Justice and the compulsory retirement from office of Justice Nasir Gummi of Zamfara State High Court of Justice with immediate effect.

A statement issued yesterday by NJC’s Director of Information, Soji Oye, said the decision to recommend the sack of Justice Ononogbo, which was reached at its 80th meeting held on December 14 and 15, was based on the findings by the Council on petition written against him by Mr. Urum Udensi Ifegwu.

The petition read: “That in a suit No: HOH/25/2013; Mrs. Nnenna Enweliku and 4 Ors Vs Udensi Dike Udensi and 2 Ors, made a blanket order for the payment of unascertained amount as Estate fee from the Access Bank Account of late Lord Chief Dike Udensi Ifegwu to the Probate Registrar of the High Court.

“The Assistant Chief Registrar, Probate Division of the Court, Mr. Udeka U. C. was said to have altered the order of the Judge in a letter to Access Bank requesting the bank to release the sum of N200 million into the personal account of E. M. Ojiako, Esq, Counsel to the Applicant in the Suit, a request which the bank refused to honour.

“The Judge also granted a second Order to vacate the first Order, directing the bank to pay any money assessed by the Probate Registrar for the Estate fee of late Lord Chief Dike Udensi Ifegwu into the personal account of E. M. Ojiako, Esq, without ascertaining the assessment made by the Probate Registrar.

“Out of the N200 million withdrawn as a result of the second Order, E. M. Ojiako, Esq only paid the sum of N83 million to the Probate Registry.

“That there were discrepancies between the representations of parties in the Order made by the Respondent and the representation of parties in the Record Book of the Court to which Justice Ugbo Ononogbo admitted that he did not vet the Order before signing same and that it was an oversight.”

Aside recommending the dismissal of Justice Ononogbo to the Governor of Abia State, NJC also recommended that the Judge, the Assistant Chief Registrar, Probate Division of Abia State High Court, Udeka N. C., and E. M. Ojiako, Esq be handed over to the Police for investigation.

The Council also decided to report E. M. Ojiako, Esq to the Nigeria Bar Association (NBA) Disciplinary Committee for investigation.

The Abia State Judicial Service Commission is expected to take appropriate action against the Assistant Chief Registrar, Probate Division, Udeka N. C after investigation of the allegations.

Also, Justice Gummi was recommended for compulsory retirement from office to Zamfara State Governor, Abdul Aziz Yari Abubakar, following the findings of Council on allegations brought against him.

The petition held “that the Judge failed to deliver judgment in Suit No: ZMS/GS/13/2013, Chiroma Vs Forte Oil Plc, almost 23 months after the final address by all Counsel in the Suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days.

“That the judgment in the Suit was altered by changing the word “dismissal” to “struck out” to which his Court Registrar, Hayatu Wadata Bungudu, admitted was done by him, after which he informed the Judge on phone, as he was out of the state at the time.

“That the Judge assumed jurisdiction in the matter by a ruling, only to dismiss the same action 22 months after, for lack of jurisdiction, after the cause of action had lapsed.”

The Council said it would write to the Zamfara State Judicial Service Commission to take appropriate action against Bungudu for altering his judgment.

Council at the meeting also resolved to issue a letter of strong warning to Justice D. O. Oluwayemi of Lagos State Judiciary for granting an Ex-parte Order in Suit No: LD/2393LMW/16, relying on an affidavit of urgency, which disclosed no threat of destruction of rights or interest in the subject matter of the dispute without putting the other party on notice.

The allegations against Justices Ononogbo and Gummi constitute misconduct, contrary to Sections 294 (1) and (6) of the 1999 Constitution and Rules 3 (i), 11(ii) and 2 of the NJC Revised Code of Conduct for Judicial Officers.

Meanwhile, NJC, in the exercise of its disciplinary powers under the 1999 Constitution, has suspended Justices Ononogbo and Gummi from office with immediate effect, pending the approval of the recommendations of the Council for their dismissal and compulsory retirement, respectively, from office by their respective state governors.

Judges under probe will be prosecuted, AGF tells NJC.

Posted on November 8, 2016 by Staff Reporter

Outgoing Chief Justice of Nigeria, Justice Mahmud Mohammed, said on Monday that the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, had informed the National Judicial Council that he was set to prosecute some judges who were being investigated for alleged corruption.

The CJN, who leaves office on attaining the retirement age of 70 on Thursday, said the communication received from the AGF informed the decision of the NJC to ask the affected judges not to perform judicial functions until the cases against them were concluded.

He spoke at the Supreme Court, Abuja during the swearing in ceremony of Justices Amina Augie and Ejembi Eko to the apex court bench.

He said the decision reached at the NJC meeting held between November 2 and 3, asking the affected judges not to sit again, was to preserve the independence of the judiciary and the confidence of the public in the system.

“…Justice is rooted in confidence and where confidence in our judges is undermined and independence eroded, it is the nation that ultimately suffers most while true democracy is fatally undermined.

“Certainly, the decision of the National Judicial Council at its last meeting reflects our desire to preserve this independence.

“Hence, we proclaimed to the world that any judicial officer that is standing trial will cease to perform judicial functions.

“The council took this stand following communications it received from the Hon. Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers for the offences disclosed against them from the evidence on the ground.”

The CJN, however, said that despite that, the judiciary remained resolute to upholding its independence and adjudicate with fairness and justice.

He said, “We must not forget that we operate a constitutional democracy which clearly prescribes the powers accorded to each organ of the state.

“I therefore wish to state without fear of contradiction that the third arm of government will remain resolute in its commitment and resolve to uphold its independence and to adjudicate with utmost fairness and justice prescribed in our constitution and the law.”

He thanked President Muhammadu Buhari for approving the recommendations of the new Justices of the apex court by the NJC promptly and also the Senate President, Dr. Bukola Saraki, as well as the Senate Committee on Judiciary, Human Rights and Legal Matters, for prompt confirmation of the candidates.

The CJN, who reminded the new Justices of the Supreme Court that they were joining the apex “at a time when there are a lot of challenges,” however expressed confidence that having “scaled constitutional and institutional requirements, you are no doubt ready to face these challenges head on.”

The CJN, who earlier administered the oaths of office and allegiance to the new Justices of the apex court, urged them “to be faithful to those oaths as they are testament of your fidelity to God, the law and the good people of Nigeria.”

The CJN added, “They are also public pronouncements of your honest commitment to the Almighty to continue to dispense justice without fear or favour, affection or ill-will.

“Now more than ever, it is important to be firm, honest and steadfast in the discharge of your duties, while striving to emulate the greats of this court by enthroning the rule of law and respect for our courts.”

JUST IN: We were confronted with proof of evidence against suspended judges- CJN

Posted on November 8, 2016 by Staff Reporter

The Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, revealed, yesterday, that the National Judicial Commission, NJC, asked judges facing allegations of corruption to step down because it was confronted with proof of evidence against some of them. The judges were arrested by operatives of the Department of State Services, DSS, between October 7 and 8, following which the Nigerian Bar Association, NBA, and some senior lawyers asked the judges to stop presiding over cases, pending their trial.

Two Supreme Court Justices- Inyang Okoro and Sylvester Ngwuta, were among seven superior court judges affected by the DSS “sting operation”, which allegedly led to the recovery of huge sums of money, including foreign currencies, from their homes. Ngwuta, Okoroand Ademola Ngwuta, Okoroand Ademola The two jurists, who had since exited the apex court bench, are currently on administrative bail from the DSS, pending their trial over money laundering charges.

The CJN, who disclosed this while swearing in two new Justices into the Supreme Court bench, yesterday, said the NJC, which previously insisted that the Judges would not step aside as requested by the NBA, changed its position after it was shown “evidence on the ground.”

According to him, the NJC took the new stand, “following communications it received from the Attorney General of the Federation and Minister of Justice that he was embarking on the prosecution of the affected judicial officers based on the evidence on the ground.” He said the decision NJC took after its last meeting, directing all the embattled Judges to desist from further presiding over cases or carrying out any judicial function pending their trial, was borne out of its desire to preserve the independence of the judiciary.

He said: “We proclaimed to the world that any judicial officer that is standing trial will cease to perform judicial functions. “A common thread that runs through all Judiciaries is that judicial officers are traditionally accorded the highest dignity and respect by all. ‘’This is because Justice is rooted in confidence and where confidence in our Judges is undermined and independence eroded, it is the nation that ultimately suffers most, while true democracy is fatally undermined.

“We must not forget that we operate a constitutional democracy, which clearly prescribes the powers accorded to each organ of the state. “I, therefore, wish to state without fear of contradiction that the third arm of government will remain resolute in its commitment and resolve to uphold its independence and to adjudicate with utmost fairness and Justice as prescribed in our constitution and the law.”

On the swearing-in of the two new Supreme Court Justices, Amina A. Augie and Ejembi Eko, the CJN said they joined the apex court “at a time when there are a lot of challenges”. While enjoining the new jurists to abide by the oaths they took and dispense Justice without fear or favour, the CJN, thanked President Muhammadu Buhari and the Senate for approving their appointments as recommended by the NJC.

He said: “Now, more than ever, it is important to be firm, honest and steadfast in the discharge of your duties, while striving to emulate the greats of this court by enthroning the rule of law and respect for our courts. “My lords, ladies and gentlemen, this ceremony takes place against the backdrop of peculiar circumstances for the third arm of the government of our beloved nation. “It bears reminding that the powers of this court and, indeed, all courts, lie in the constitution of the Federal Republic of Nigeria, 1999, as amended. “The constitution is the ultimate repository of the consent of the people and remains the sovereign mandate that forms the bedrock of an independent judiciary.”

BREAKING: NJC suspends 7 senior judges accused of corruption.

Posted on November 3, 2016 by Staff Reporter

The National Judicial Council, NJC, has suspended seven senior judges arrested in October by the State Security Service for alleged corruption.

The NJC had initially refused to suspend the judges despite public pressure, saying the allegations against them had not been substantiated.

It however said the judges had voluntarily stepped down from court sittings.

The latest decision came after the council’s 7th meeting between Wednesday and Thursday.

A communique issued at the end of the meeting, and signed by NJC’s Director of Information, Soji Oye, said the decision was taken to avoid allowing persons under investigation to to partake in presiding over judicial matters at the same time.

“Council also decided that Judicial Officers shall not be standing trial for alleged corruption related offences and be performing judicial functions at the same time,” the communique said. “Council however decided that it will ensure that Judicial Officers who are being investigated for alleged high profile criminal offences do not perform judicial functions until their cases are concluded.”

The judges were arrested on October 7.

We Can’t Hand Over Arrested Judges To EFCC – NJC

Posted on November 2, 2016 by Staff Reporter

The National Judicial Council has said it is not part of its statutory responsibilities to hand over judges who are accused of corruption to anti-graft agencies for investigation and prosecution.

The NJC also clarified that it could not recover proceeds of corruption and had no power to dismiss erring judges.

The NJC said this in a letter dated October 26, 2016, which it addressed to a human rights organisation, Socio-Economic Rights and Accountability Project.

The letter was the response of the Chief Justice of Nigeria, Justice Mahmud Mohammed, who is the head of the NJC, to SERAP, which had requested that the NJC should forthwith hand over the seven judges recently arrested for alleged corruption to anti-graft agencies.

SERAP, in a statement on Tuesday, said the letter with reference number, CJN/Gen/MISC/A37/Vol.XXI/8, was signed on behalf of the CJN by his Senior Special Assistant, H. S. Sa’eed.

According to SERAP, the NJC said its duty stopped at making recommendations to the executive after looking into petitions against judges.

It stressed that it could not take responsibility for the failure of the President and governors to implement the NJC’s recommendations.

The CJN said, “It is necessary to restate that the NJC is a creation of the 1999 Constitution of Nigeria (as amended) being established under Section 153 with its mandate clearly set out in Paragraph 21, Part One of the Third Schedule to the Constitution.

“This provision clearly stipulates at Paragraph 21(b) and (d) that the council may only ‘recommend’ to the President and the governors, the removal from office of judicial officers and to exercise disciplinary control over such judicial officers, which, in effect, is the extent of its power to discipline. Hence, the council cannot, suo moto, dismiss any judicial officer.

“The NJC can also neither ‘hand over’ corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption, as you have suggested. It can merely recommend to act upon its findings, as it has always done.”

The NJC, however, restated his commitment to purging the judiciary of rot with the support of citizens by treating all petitions against judges appropriately.

It stated that to this end, it had enacted the Judicial Discipline Regulations, 2014.

The letter read partly, “However, in exercise of its constitutional mandate, the NJC has enacted the Judicial Discipline Regulations, 2014 in order to ensure that petitions are received, investigated and addressed as appropriate.

“As SERAP’s own report attests, 64 judicial officers have been disciplined within five years even preceding the institution of the new guidelines. Any failure on the part of the executive arm of government to act upon such recommendations cannot therefore be blamed upon the NJC.

“With due consideration to the contents of your letter, I am directed to acknowledge and address the concerns which SERAP have raised, which may reflect the wider opinion held by some Nigerians.

“While his Lordship, without doubt, appreciates SERAP’s concern for the incidence of corruption in the judiciary, it is indeed erroneous to conclude that the NJC has ‘felt satisfied with applying only civil sanctions and has not deemed it fit to hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption,’ as insinuated in your letter under reference.

“To be sure, every citizen of Nigeria, inclusive of judicial officers, are entitled to the protection of the law and a key provision of the constitution is the presumption of innocence, as enshrined in Section 36(5) of the 1999 Constitution (as amended).

“I must also remind us that the seven judges, like all other persons, are entitled to a fair hearing as stipulated in Section 36 of the Constitution. As such, it would be presumptive and indeed preemptive to sanction the said judges without exhausting the proper procedure for their removal.”

The CJN expressed delight over SERAP’s concern and dedication to the course of justice, fairness and justness.

Justice Mohammed said with the support of all well-meaning Nigerians “giant strides will be made towards reaching the goal of a transparent, fair and equitable system of justice.”

Embattled NJC bars disclosure of petitions against judges.

Posted on October 25, 2016 by Staff Reporter

The National Judicial Council has put in place a policy to curb the disclosure of petitions against judicial officers.

The new policy will bar the media from reporting on details of such petitions until the council considers it right for such disclosures.

The policy is coming at a time of intense public scrutiny of the regulatory body, following the arrest and investigation of several senior judges on allegations of corruption.

Seven judges were arrested two weeks ago by operatives of the State Security Service.

The NJC has been accused of not doing enough to stem judicial corruption. It has also been accused of not investigating petitions raised either by the public or security agencies.

The Nigeria Bar Association called for the suspension of the arrested judges, but the NJC said the suggestion was “unacceptable”.

Under the new policy, petitioners willing to file complaints against judicial officers must first depose to an affidavit pledging that no content of such petitions would be made public, by them or by persons known to them.

The council said it would discard any petition made public, even after investigations have already commenced.

“Where complaints on allegations against judicial officers and court employees are submitted for investigation, the complainant or complainants shall be made to give an undertaking not to do anything to prejudice investigation or actions that may be taken,” it said.

“The institutions of the judiciary concerned with investigation or and implementation of decisions taken on such complaints shall be obliged to cease further action where such complaints are leaked or discussed in the media.

“Where such a leakage is occasioned after the submission of a complaint then all investigations on the complaints shall be suspended, the leakage investigated and if such leakage is from the complainant on through other parties known to such a complainant, such a complaint should be discarded.

“Where such leakage is occasioned prior to the presentation of the complaint and the source of the leakage is found to be the complainant or through other parties known to and connected with the complainant then such complaint shall not be accepted, upon submission, by the appropriate disciplinary body,” the council said.

The council further said it would only allow the publication of complaints after investigation had been concluded.

“Upon the conclusion of any investigation, the judicial disciplinary bodies may allow public disclosure of their findings, subject to following the proper channels for such disclosure,” it said.

Corruption Is Our Biggest Problem – NJC

Posted on October 25, 2016 by Staff Reporter

Chief Justice of Nigeria (CJN) Justice Mahmud Mohammed yesterday described corruption as a major problem in the judiciary.

The CJN spoke against the background of the security operation against two Supreme Court Justices and other judges, who are due to face corruption charges.

Justice Mohammed, Chairman NJC, said: “It would be stating the obvious to opine that the greatest single menace that challenges the justice system in Nigeria today is corruption.

“This endemic vice is not peculiar to any region and ethnic group, cutting across faiths, religious denominations, levels of education and economic status.

“Corruption has serious implications for both the rule of law and access to justice, and must be fought both institutionally and individually.

“This is why the National Judicial Policy contains clear provisions restating the Judiciary’s commitment to transparency and accountability.

“This is clearly spelled out in Paragraph 5.1 of the National Judicial Policy 2016, thus- ‘the National Judicial Policy recognizes that the greatest and most damaging challenge to administration of justice is corruption and that tackling this challenge must go beyond mere exhortation and sentiments.’

“The policy gives the legal backing for several multifaceted strategies and guidelines to be developed while the Judiciary continues to walk the talk in ridding corrupt Judicial Officers from its ranks, strictly in accordance with due process and the rule of law,” the CJN said.

Justice Mohammed, who spoke at the launch of the NJP, noted that the absence of such policy in the past has occasioned an uneven growth of the Judiciary.

“Certainly, the absence of a blueprint has resulted in a demand for the transformation of the Nigerian Judiciary into a modern judicial system.

“For a number of years, each Jurisdiction has had to muddle along in developing core values and objectives and this has led to a mixed bag of standards and policies.

“This has also been compounded by the challenging deprivations and paucity of resources, without which critical development was limited.

“The National Judicial Policy is a charter of commitment to the values that elevate not only our judicial institutions but also those who are employed by or involved in it.

“The importance of the foundational virtues of discipline, efficiency, integrity and enduring commitment are reflected in the National Judicial Policy as embodied in its first three regulations and rules of the policy,” the CJN said.

NJC plans to stop publication of petitions against judges.

Posted on October 24, 2016 by Staff Reporter

The National Judicial Council is set to bar media reportage of allegations of misconduct levelled against judges and employees of the judiciary.

This is contained in the National Judicial Policy to be launched by the NJC on Monday and which will widen the dark veil that shields disciplinary proceedings against judges.

Under the new policy, the NJC or any institutions of the judiciary shall discard a complaint sent against a judge or employee of the judiciary for investigation if after receiving the complaint it is leaked or discussed in the media.

The policy partly read, “lt shall be the policy of the judiciary on complaints that allegations of misconduct against judicial officers or employees of the judiciary shall not be leaked or published in the media.

“Upon the conclusion of any investigation, the judicial disciplinary bodies may allow public disclosure of their findings, subject to following the proper channels for such disclosure.”

This is coming at a time when the NJC, the body vested with disciplinary powers over judges at all levels, is under public attack for either allegedly shielding corrupt judges or merely giving those found culpable a slap on the wrist.

The criticism of the NJC was sparked by the arrest of seven judges including two serving justices of the Supreme Court over alleged corruption allegations.

In the wake of the arrests, the arresting agency, the Department of State Services, said it took the step after the NJC allegedly rebuffed complaints against some of the arrested judges.

But the NJC has since denied the allegation of shielding corrupt judicial officers.

The new policy was prepared by the NJC in April 2016 but will only be launched under the chairmanship of the outgoing Chief Justice of Nigeria, Justice Mahmud Mohammed on Monday.

It covers issues such as judicial appointment policy, judicial discipline policy, judicial code of conduct policy, judicial education and training policy, judicial performance policy, case flow management policy, judicial administration and court management policy and transparency and anti-corruption policy, among others.

The new policy tends to tie the hands of those who have submitted complaints against judges from taking any other step until the NJC completes its investigation.

The policy says, any judiciary institution that receives a complaint a judge or any court employee shall make the complainant to give undertaking not to do anything to prejudice investigation.

DSS Action on Judges Aimed at Denigration of Judiciary – NJC

Posted on October 14, 2016 by Staff Reporter

The National Judicial Council (NJC) has said the action of the Department State Service (DSS) against the seven serving federal judges was a denigration of the entire judiciary as an institution.

A statement signed by the Acting Director of Information of the Council, Mr Soji Oye, made this known to newsmen in Abuja on Thursday night.

The Council said that by the act of the DSS, judicial officers were now being exposed to insecurity, adding that criminals might take advantage of the recent incidents to invade their homes under the guise of being security agents.

“The Council vehemently denounces a situation whereby the psyche of judicial officers in the federation is subjected to a level where they will be afraid to discharge their constitutional judicial functions.

“The Council will not compromise the integrity and impartiality of the judiciary. The Council wishes, therefore, to reassure the public that any person who has a genuine complaint against any judicial officer is at liberty to bring it up to the Council for consideration,” he said.

Oye said further said the Council had never shielded any judicial officers suspected to have breached the code of conduct guiding the profession or other important law of the land.

He said that the Council insisted that the DSS must be restricted within its primarily concern with the internal security of the country.

In another development, Oye said the Council recommended Justice Sylvester Onnoghen to President Muhammadu Buhari for appointment as the next Chief Justice of Nigeria.

By the recommendation, Onnoghen is expected to succeed the outgoing CJN, Justice Mahmud Mohammed, who retires on Nov. 10

Onnoghen was born on Dec. 22, 1950, at Okurike Town, Biase Local .Government Area of Cross River.

He obtained the Bachelor of Law degree at the University of Legon, Ghana, in 1977 and was called to the Nigerian Bar in 1978.

The Chief Justice of Nigeria designate was pupil state counsel, Ministry of Justice, Ikeja, Lagos, and Ogun between 1978 and 1979.

He was partner in the Law Firm of Effiom Ekong & Company, Calabar, 1979 to 1988 and Principal Partner/Head of Chamber of Walter Onneghen & Associates, Calabar 1988 to 1989

Onnoghen was appointed High Court Judge, Cross River Judiciary, 1989 and Chairman, Cross River Armed Robbery and Firearms Tribunal, 1990 to 1993.

He was also Chairman, Judicial Enquiry into the Crisis between Student of the University of Calabar and Obufa Esuk Orok Community, Calabar in 1996 and chaired the Failed Bank Tribunal, Ibadan Zone, 1998, before his elevation to the Court of Appeal in 1998 to 2005.

Onnoghen, a Fellow, Chattered Institute of Arbitrators and a member of the Body of Bencher and Life Bencher was elevated to the Supreme Court of Nigeria in 2005.

Fresh Revelations: NJC Actually Facilitated The Arrest Of Seven Judges

Posted on October 10, 2016 by Staff Reporter

As mixed reactions continues to trail the arrest of Judges by the Department of State Security Service (DSS), indications have emerged that the action of the Nigerian secret police was actually bolstered by the attitude of the National Judicial Council (NJC).

Critics have opined that the DSS ought to have sought the consent and intervention of the NJC before arresting the judicial officers over crimes bordering on corruption and professional misconduct, a position that human rights lawyer, Effiong Inibehe disagrees with.

Inibehe said the NJC cannot and should not usurp the constitutional cum statutory functions of the law enforcement agencies to investigate crimes, arrest, detain or prosecute any person, including judicial officers, for alleged crimes.

But giving details into events that led to the arrest, a top Security said is quoted as saying that the arrest of the judges took a dramatic turn weekend because of the National Judicial Council (NJC) refusal to allow the DSS question the affected judges.

The weekend raid was “sequel to lack of cooperation by National Judicial Council; such as refusal by the NJC to allow the affected persons to be questioned by the DSS.”

He said the graft investigation against the judges “started some seven months ago, precisely in April 2016.”

Meanwhile, the DSS has released the seven Judge arrested during a nationwide sweep between Friday and Saturday.

They were reportedly released Sunday night on personal recognition.

“They reported this morning (Monday) and they have all gone back home. They will be coming back tomorrow. And everything went very procedurally well and civil.

“They were released on bail on self recognition based on the fact that given their standing in the society, they cannot run away. They were instructed that they should come back today by 10am.

“They did report for investigation this morning and they have gone back home. And the investigation continues and preparation to charge them to court continued.”

NJC Meets As More Supreme Court Justices Face Imminent Arrest

Posted on October 10, 2016 by Staff Reporter

The sting operations carried out by the Department of State Services (DSS) against some judges across the country are not over yet, as more judges will be arrested and likely prosecuted for bribe taking in the next few days or weeks, a senior intelligence officer told THISDAY in Abuja last night.

The DSS had on Friday night carried out sting operations in Abuja, Port Harcourt, Gombe and Kano, hauling in two justices of the Supreme Court, one justice of the Court of Appeal and four other judges of the Federal High Court, suspected to have engaged in bribery and large scale corruption.

The operations, however, attracted angry reactions from the public, particularly the Nigeria Bar Association (NBA), which declared a state of emergency in the judicial sector, saying the rule of law was under siege even as the National Judicial Council (NJC) meets today to deliberate on the development.

THISDAY checks close to the NJC, the body responsible for the appointment and discipline of judicial officers, suggested that the suspected judicial officers under investigation might be suspended pending the determination of the accusations against them.

Yesterday, the Peoples Democratic Party (PDP) joined the fray on the side of the embattled judicial officers, accusing President Muhammadu Buhari of preparing the ground for fascism by ordering the arrests of the judges.

But the Presidency in its reaction gave assurances that President Buhari reserved his highest respect for the judiciary as the third arm of government.

A statement yesterday by the Senior Special Assistant to the President on Media and Publicity, Mr Garba Shehu, said the president would not do anything to undermine its independence.

Shehu said: “Buhari remains a committed democrat, in words and in his actions, and will not take any action in violation of the constitution.

“The recent surgical operation against some judicial officers is specifically targeted at corruption and not at the judiciary as an institution.

“In a robust democracy such as ours, there is bound to be a plurality of opinions on any given issue, but there is a convergence of views that the country has a corruption problem that needs to be corrected.”

The Presidency regretted that reports by a section of the media were giving it cause for concern.

According to it, “In undertaking the task of reporting, the media should be careful about the fault lines they open. It is wrong to present this incident as a confrontation between the executive and judicial arms of government.

“The presidency has received assurances from the DSS that all due processes of the law, including the possession of search and arrest warrants were obtained before the searches.

“To suggest that the government is acting outside the law in a dictatorial manner is to breach the interest of the state.”

THISDAY intelligence source, however, said apart from those being detained and interrogated, another eight judges, including two justices of the Supreme Court, are also being investigated for mind-boggling corruption cases.

He said a total of seven judges, including two justices of the Supreme Court — Justice John Inyang Okoro and Justice Sylvanus Ngwunta — are still being interrogated by the security services at its headquarters in Abuja and might be charged to court anytime from today.

“A total of 15 judges are being investigated by the Department of State Services and other security agencies. Seven of them are currently being interrogated at the DSS headquarters in Abuja and may be charged to court as from Monday,’’ the source stated, adding: “While another eight including one or two from the Supreme Court are still being investigated and more of the judges will be arrested in the next few days or weeks.’’

The judges being detained include: Justice Muhammad Ladan Tsamiya of the Court of Appeal; Justice Kabiru Auta in Kano; Justice Muazu Pindiga who was arrested in Gombe; the Chief Judge of the Federal High Court of Nigeria, Justice Ibrahim Auta, and Justice Adeniyi Ademola.

The intelligence source said that none of the judges arrested during the DSS’ sting operations between Friday and the early hours of Saturdayhad been released.

“The seven judges being detained and interrogated have not been released; their statements are still being taken; they are cooperating with the interrogators. The interrogation is taking more time than expected because of the many questions the arrested judges need to answer,’’ the source said.

THISDAY gathered that the sting operations carried out against the suspects were the accumulation of many events, linked to “mind-boggling corrupt practices and the willingness, determination and desire by the security agents to fight corruption head-on”.

Justifying the operations of the DSS, the source said: “If not DSS who else? There is nothing unusual about the DSS’ actions; it is normal. The security institution acted within the law guarding its operations.

“The actions of the suspected judges border on national security. We are talking about huge corrupt practices and national security that are beyond the mandate of the EFCC and the ICPC.

“If we talk about democracy — from the conduct of election to election rigging; issues of foreign investments; economy and other issues that have to do with our national security, they all end up in courts. So anybody or institution that tries to undermine that institution is toying with the national security of our dear nation.’’

In the eyes of the law, the intelligence officer said, the suspects were not above the law and didn’t have immunity from being investigated or prosecuted, explaining that they were ordinary people like every other citizen.

He said the DSS acted based on petitions it received against the judges. “We have a situation where one of the judges was so foolish that he entered a departmental store to collect a bribe from a litigant. We have the evidence including video recording,’’ the source stated.

Reacting to several criticisms against the DSS’ action, the intelligence source added that the agency was ready to defend its action in competent court of law, challenging whoever felt aggrieved to take the DSS to court.

“During the sting operations, huge amount of monies, some in foreign currencies, were collected from some of the judges and they all signed the exhibits recovered in their houses.

The DSS has strong evidence to charge them to court and that will be done as soon as the interrogation is concluded,’’ the source added.
Responding to the press statement by the leadership of the Nigeria Bar Association (NBA), which some observers said might create tension in the country, the senior intelligence officer said:

“There is no tension at all. Whoever threatens national security of the nation will be dealt with.

“Gone are the days where those on the wrong side will turn around to intimidate us. That will never happen again in this country.’’

Apparently responding to the acclaimed illegality of the action of the DSS, the source said that a search warrant was obtained before the sting operations were carried out in the affected places, adding that “a warrant signed by a magistrate court can be executed even in the villa”.

DSS did not infringe on the independence and sanctity of the judiciary.

Posted on October 9, 2016 by Staff Reporter

The argument by some that the sting operations carried by the DSS on homes of senior Judges of the High Court and the Supreme Court last Friday which led to recovery of vast sums of money in various current denominations is an infraction on the independence and sanctity of the judicial branch of government is hogwash.

There is no infringement on the independence and sanctity of the judiciary in any manner whatsoever . Judges do not have immunity to do what they like. When a judge collects bribe to pervert the course of Justice is that not in itself an infraction of the independence of the judiciary and a threat to the sanctity of the judiciary? When a judge commits a crime is both a professional misconduct and a crime.

In such a circumstances it is not more the business of the National Judicial Council to deal with it but also a matter for security agencies to handle. The DSS does not need more explanation more than what it had done. NJC has been protecting and covering senior judges!

We have evidence and this why we resort to such measures . Justice Tsamiya collected two hundred million as bribe but NJC inexplicably only recommended his retirement. But another Judge in Kano who collected a bribe of N190 million was ordered to be arrested by the Police by NJC.

We heard mind-bogging stories in which judges collect humongous sums of money especially in political and election related cases to pervert the cause of Justice. It is perverse logic and reasoning for any body to contend that independence of the judicial branch of government means that the executive branch of government should close it eyes to the infractions of the law and Constitution by Judges.

Even in the United States of America, the supposed bastion and sanctuary of constitutional and liberal democracy the FBI ( equivalent of DSS) sometimes carry sting operations to arrest roguish judges! On 5th October 2015 the CBS/Ap reported the arrest of a federal Judge, Judge T. Camp by the FBI in a sting operation for gun running and illegal drugs involvement with an Atlanta stripper.

NJC Sacks Justice Lambo Akanbi Over Judicial Misconduct

Posted on November 19, 2015 by Staff Reporter

President Muhammadu Buhari yesterday approved the compulsory retirement from office, with immediate effect, of Hon. Justice Lambo Akanbi of the Federal High Court, Port-Harcourt Division after the National Judicial Council, NJC, found him guilty of judicial misconduct.
The NJC, in a statement in Abuja, said it had already directed Justice Akanbi to, with immediate effect, proceed on compulsory retirement.
President Buhari’s approval followed a recommendation that was sent to him by the NJC after its 74th meeting on November 4 and 5.
On Wednesday, Soji Oye, the Acting Director of Information of the NJC, issued a press statement in Abuja that noted that President Buhari’s action was based on a recommendation made by the NJC at its 74th meeting earlier this month following the various allegations levelled against the judge by Shell Petroleum Company Nigeria Limited.

The allegations against Justice Akanbi in the Shell petition include:

•Unilaterally appointing Mr. Emeka Nkwo of CYN-JAC (NIG) LTD who was not proposed by any of the parties as referee or valuer in Suit Nos FHC/PH/CS/434/2012 and FHC/PH/CS/435/2012. He also appointed the same referee or valuer in Suit FHC/PH/CS/25/2003, which is another matter involving one of the parties in the first suit.

•Hearing and concluding the case without dealing with the Notice of Preliminary Objection on the Jurisdiction of his Court.

•Sitting on the case in the Federal High Court, Yenagoa in Suit FHC/YNG/CS/30/2013 after a new judge had been transferred to the State without a fiat from the Hon. Chief Judge of the Federal High Court.

•Delivering the ruling in Suit No FHC/PH/CS/07/2009 four months after final addresses were taken without any cogent reason, contrary to the constitutional provisions that judgment should be delivered within a period of 90 days.

•Dismissing the application to set aside the report prepared by the valuer, CYN – JAC (NIG) LTD, and later changing the ruling to judgement, which prevented the respondent from pursuing the application for stay of proceedings at the Court of Appeal.

•Failing to give a copy of his ruling, delivered on 12th June 2013, to the complainant until 28th June 2013.

The statement said that in the exercise of its constitutional powers, at its November meetings, the NJC suspended Justice Akanbi from office prior to the approval of his compulsory retirement by President Buhari.

Credit : Sahara Reporters

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