•‘Litigants now bypass lawyers to see judges directly’
The national judicial Council (NJC) has been accused of shielding corrupt judges.
Senior Special Assistant to the President on Prosecution, Office of the Attorney-General of the Federation, Mr. Okoi Obono-Obla, said the NJC “descends heavily” on judges who have no godfathers or connection, but leaves judges known to be corrupt on the Bench because of their family history and other considerations. He did not name such judges.
Obono-Obla, in an interview with our correspondent in Abuja, said corruption had become so rife in the judiciary that some litigants approach judges directly, bypassing their lawyers.
He said a Senior Advocate of Nigeria (SAN) once confided in him that lawyers’ income was dropping because litigants prefer to go to judges directly.
The presidential spoke in an interview with our correspondent in office in Abuja.
Obono-Obla disagreed with those who complain about loss of high profile cases.
He said critics should wait until all the cases had been decided by the Supreme Court.
Obono-Obla said he agreed with the view expressed by Prof Itse Sagay (SAN) that the NJC was working against the anti-corruption crusade.
“I support Prof Sagay’s position. There is no doubt about it. We’re not saying that if we take people to court, if there’s no evidence you should convict them. Just do the right thing. We hear a lot of stories. We have eyes. We know the system. I have practised law for over 20 years. I know how the system works. We know the judges who are bad. It’s not all the judges who are bad. We know the bad ones.
“NJC is not doing enough. If they’re doing enough, all judges that have undergone criminal investigation, that have allegedly collected money from lawyers, they should make a list of them and send to Mr President, and recommend their retirement from the Bench. And they should stop protecting some judges,” he said.
Obono-Obla said several complaints have been taken to the NJC without being treated.
He said judges who were expected to be sanctioned because of the severity of their offence were merely warned and placed on a “watchlist”.
“We have taken complaints to NJC and they don’t want to handle them. Let me give you an instance. We reported a judge of the Rivers State High Court to the NJC. We got a petition from a woman who was elected a member of the Rivers State House of Assembly on the platform of the All Progressives Congress (APC).
“Her opponent challenged her case. He went to the tribunal and lost. He appealed and lost. The Court of Appeal ordered that a certificate of return should be issued to her. The Independent National Electoral Commission (INEC) issued a certificate of return to her.
“Her opponent went to the Rivers State High Court to file a lawsuit against her. The judge issued an ex-parte order restraining her from taking her sit for one year. For one year, she was not allowed to be inaugurated in the Rivers State House of Assembly.
“We petitioned against the judge as to why he should dabble in an election matter that the Court of Appeal had given a final judgment on.
“National Assembly election petition cases terminate at the Court of Appeal, so any judge who is knowledgeable, who has integrity should know that he should not issue an ex-parte order to restrain somebody who has been elected and gone through the litigation process to the end.
“Do you know what NJC did? It said that judge should be warned. And that he’s on their watch-list,” Obono-Obla said.
He recalled that NJC once warned a judge in Akwa Ibom who restrained anti-graft agencies from arresting a former governor and placed him on a watchlist, but retired a judge who committed a lesser offence..
“So, you see the inconsistency of the NJC,” he said.
He called for a reform of the NJC, saying it was not objective in handling corruption cases against judges.
Obono-Obla said: “I’ve expressed the view that you cannot be a judge in your own case. That is a fundamental principle of the law of natural justice. Why should judges be the judges of judges? NJC should be made up of members of the civil society. They don’t need to be judges. They don’t need to be lawyers. We have a lot of members of the civil society who are people with integrity. They can look at complaints against a judge dispassionately and objectively.
“We see them (NJC) trying to protect some classes of judges. Some because their parents or grandparents were eminent jurists, their grandfathers were Chief Justices of Nigeria, their fathers were at the Court of Appeal, then they’re seen as a children of the judiciary, then they have to protect them.
“But if another judge who does not have that sort of pedigree commits an offence, they will descend heavily on that judge. We have seen it. That is why we have a lot of judges who have misbehaved but have become ‘institutions’.
“A friend of mine who is a SAN filed a complaint against a senior judge of the Federal High Court. He was very certain NJC would retire the judge. But the judge was exonerated. And the judge has dirty records. We know them.
“Lawyers know them but they’re afraid to speak out because they fear judges will punish them or not give them good recommendation. But we have to change the system, because lawyers are no longer making money.
“A SAN told me: ‘We may not come out and clap for you (the Federal Government). But we’re very happy with what you’re doing to cleanse the judiciary. As a SAN, I cannot pay my bills. Litigants don’t come to us again. They prefer to go to judges directly.
“In the past, judges will not allow a politician to visit them and begin to discuss pending cases. But now you see Supreme Court justices allowing politicians to come and discuss cases before them. And they will not order their arrest?”
Chairman, Presidential Advisory Committee Against Corruption Prof. Itse Sagay yesterday emphasised that judges, who brought shame to the judiciary, must be punished to restore authority, power and dignity of the judiciary.
According to Sagay, public servants and politicians, who conspired to bribe and corrupt the judges, will not go unpunished.
He said Senior Advocates of Nigeria, who approach judges and introduce them to corruption, deserve harsher punishment.
Sagay spoke in Benin City yesterday at the 2017 Annual Law Week of the Nigeria Bar Association, Edo State Branch.
He urged the Economic and Financial Crimes Commission (EFCC) to investigate, arrest and jail lawyers, who receive loot as fee from corrupt public servants and politicians.
In his paper titled: “Corruption in the judiciary; the disciplinary role of the NJC vis-à-vis law enforcement agencies”, he said judges must be above board and remain the repository of honour, integrity and high moral authority.
He said when the law courts failed to interpret, apply and enforce the law, the existence of any civilised society would be endangered, adding that loss of confidence in the judiciary amounts to chaos and disintegration.
“No one ever expected judges to throw caution, rectitude, honour, justice and the credibility of the judiciary to the winds by selling his judgment. This is the destructive culture brought about by election petitions, which has spread like epidemic through our formerly hallowed judicial system.
“The disciplinary procedures of the NJC were not set up for such crime. That is why tragically we are now experiencing judges being tried in court like common criminals. That is why the anti-corruption and security agencies have taken it upon themselves to continue from where the NJC’s authority ends.
“The bottom line is that judges enjoy no immunity from investigation, arrest, trial and conviction.
“In order to restore the authority, power and dignity of the judiciary, we must go through extra ordinary painful process of punishing those who have brought same and obliging to that sacred institution.
He added that culpable lawyers should be treated like accomplice after the fact because they share in the proceeds of the crimes of politically exposed persons.
According to him, “once paid from that stained loot, it becomes their life’s struggle to protect and shield the primary criminals from the consequences of their crime”.
In his keynote paper, Prof. Lawrence Atsegbua stated that the law has failed as a tool of fighting corruption “because in spite of laws prescribing stiff penalties for corruption, more money than ever has been stolen from the public coffer by corrupt means”.
Atsegbua noted that all the laws against corruption will fail if disequilibrium in the social status of citizens were not met.
He said Nigerian leaders lack the political will to fight corruption, a situation which hindered socio-economic development.
Chairman of the occasion and Chief Judge of Edo State, Justice Esther Ikponmwen, said corruption, if not tackled, might continue to hamper the country’s growth.
Justice Ikponmwen regretted that the judiciary has been affected by the sting of corruption, noting that any act that deviates from acceptable standard of the law profession is corruption.
Justice Daniel Okungbowa, in his paper, said corruption would stop in Nigeria with the removal of immunity clause and ability to recall lawmakers.
He prescribed the death penalty for corrupt officials.
THE Code of Conduct Bureau (CCB) has said there is no law that has the power to stop the State Security Services (SSS) or the Department of State Services (DSS) from arresting, investigating and prosecuting any corrupt practices.
Its Chairman Sam Saba said the DSS was lawfully covered by Section 2(3) and Section 4 of the National Security Agencies Act, 2011.
He spoke yesterday at the opening of a two-day public hearing on cases of property and arrest of persons for reasons outside the general duties of DSS as prescribed by the National Security (NSA) Act since May 2015.
Also at the hearing were suspended Justice Nnamdi Dimgba, Justice Abdulahi Liman, Rivers State Governor Nyesom Wike, who was represented by the state’s Attorney General and Commissioner of Justice, Emmanuel Aguma, as well as National Human Rights Commission Chairman Prof. Ben Angwe.
Section 2 (3) states: “The State Security has powers of prevention, detention within Nigeria of any crime against the internal security of Nigeria”.
Section 4 states: “The provision of sub-sector (1) (2) and (3) of this section shall have effect notwithstanding the provision of any other laws to the contrary or any matter therein mention”.
Saba said: “Going by the mentioned provisions, the SSS has power to arrest, investigate and prosecute any corrupt practices and no other law has the power to stop them because corruption constitutes a crime against internal security of the nation.”
When asked if false or under-declaration of asset is a threat to internal security, Saba declined to comment, preferring to seek legal advice before responding.
According to him, several requests between early in the year and about two weeks ago were made to the bureau by the office of the Attorney General of the Federation (AGF) in respect of the declaration of asset of the affected judicial officials.
He, however, told the committee that it was the responsibility of the court to interpret the law if the National Judicial Council (NJC) should be informed before investigation and arrest of judges.
On his part, Justice Dimgba refused to make submission, saying that his remarks would be prejudicial since he was involved and being investigated by the NJC.
He asked the Committee if the Economic and Financial Crimes Commission (EFCC)made any allegation about him in its presentation, which he would like to respond to.
He was told that the anti-graft agency has not been taken yet.
Justice Liman, who lived on the same street as Justice Uche Agomoh of the Federal High Court, Port Harcourt, said his house was never invaded by the security operatives.
He said he made spirited efforts to call the state’s AG and other state officials, including the Police Commissioner, to inform them of the invasion of his colleague’s house by armed men.
He said he advised Justice Agomoh, whose house was targeted by the DSS not to allow the armed men into her compound as they might be armed robbers or assassins.
He said he was pained by media reports that named him as the judge whom Governor Wike assisted to move out $2 million stashed in his house after security operatives were obstructed from carrying out their duty.
Saying that he has not been invited for interrogation by security agencies on the matter till date, he declined to make further comments on questions from the committee.
The judge added that such might affects his judgement being a presiding judge in some pending cases.
He told the committee that the Chief Justice of Nigeria (CJN) had withdrawn a petition by Ali Modu Sheriff, a factional Chairman of the Peoples Democratic Party (PDP), that was referred to him.
After confirming the submission of Wike, his representative, Aguma, was asked by a member of the committee, Razak Atunwa (APC, Kwara), that having identified the DSS when he got to the scene of the incident, why did the governor have to obstruct a lawfully constituted security agency from carrying out its work.
Atunwa asked how often the governor has been intervening in situation involving security operatives and ordinary Nigerians on the street as against high visibility personalities like judges.
In his response, Aguma condemned the manner of the search of the residence of Justice Agomoh, saying the governor went to the scene out of curiosity and the need to protect his subjects, being the chief security officer of the state.
The executive, not the National Judicial Council (NJC), should be blamed for corruption among judicial officers, the Chief Justice of Nigeria (CJN), Mahmud Mohammed, has said.
He said the failure of the executive to act upon recommendations by the Commission cannot be blamed on the NJC.
Justice Mohammed made the clarification in a reply dated October 26 to a petition written by the Socio-Economic Rights and Accountability Project (SERAP).
The reply, marked No.CJN/Gen/MISC/A37/Vol.XXI/8 and signed by the CJN’s Senior Special Assistant, H. S. Sa’eed, was in response to SERAP’s request to Justice Mohammed, requesting him as the NJC chair to “take over from the Department of State Service (DSS) the cases of all the seven judges released by the DSS and refer the cases of those judges to anti-corruption agencies for conclusion of investigation and prompt prosecution.”
“Certainly, you will agree with me that where there are clear constitutional provisions relating to the power of any individual, institution or arm of government, then it cannot deviate, nor exceed such powers as this will be unlawful”, the CJN was quoted as saying.
The letter reads in part: “While restating the willingness of the NJC to act upon any petition as well as commitment of the judiciary to the fight against corruption, his Lordship opines that any significant involvement in the fight against corruption will be upon a similar commitment of the Prosecutorial Agencies to actively prosecute their cases expeditiously when information about same is received.”
“It is necessary to restate that the NJC is a creation of the 1999 Constitution (as amended) being established under Section 153 with its mandate clearly set out in Para 21, Part One of the Third Schedule to the Constitution. This provision clearly stipulates at Para 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 motodismiss 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.
“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 doubtless appreciate 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 have 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 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 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.
“As a valuable member of the society, the Hon. CJN is certainly delighted with SERAP’s dedication to justice, fairness and justness. His Lordship also wishes to emphasize that it is indeed our collective responsibility to tackle any perceived challenges facing the Nigerian judiciary.
“Indeed, with the support of well-meaning and eminent Nigerians such as members of SERAP, giant strides will be made towards reaching the goal of a transparent, fair and equitable system of justice. The Hon. CJN wishes you the best in your future endeavor as SERAP strives to support and entrench good governance in Nigeria.”
SERAP, through its Executive Director Adetokunbo Mumuni, had on October 11, expressed concern that “the NJC has for many years failed to appropriately deal with several cases of corrupt judges by failing to refer those cases to the EFCC and ICPC for prosecution.”
The group alleged that the judges accused corruption “are still alive and their cases should be promptly referred to the anti-corruption agencies.”
It urged the CJN to exert his position as the NJC chair to take advantage of the affected seven judges to comprehensively address corruption in the judiciary.
SERAP said: “The NJC is in the best position to tackle corruption within the judiciary, and to ensure the application of appropriate disciplinary and legal measures in the cases of the released seven judges and other judges suspected of engaging in corruption.”
Insisting that corrupt judges should face prosecuted, the statement said: “SERAP believes that corrupt judges should not merely be retired where there are clear allegations of corruption against them. Corrupt judges must not also be allowed to keep their ill-gotten wealth, or receive their pension and retirement benefits, as if they have done no wrong while the victims of their corrupt acts are left without an effective remedy.”
“SERAP believes that corrupt judges are more dangerous to the society than corrupt politicians because a corrupt judiciary denies both victims of corruption and those accused of corruption access to an independent, impartial and fair adjudication process. No country can succeed with corrupt judges as there can’t be no rule of law, development, justice and enjoyment of human rights when judges are corrupt.”
“Judicial corruption is antithetical not only to human rights and good governance but it also directly undermines the ability of government to satisfactorily combat corruption. Judges should not be allowed to avoid accountability for corruption if judicial impartiality and independence is to be held sacrosanct and access to justice is to be effectively achieved.”
NON-governmental organisations, under the auspices of Forum of Non-Governmental Organisations in Nigeria (FONGON) yesterday accused the National Judicial Council (NJC) of shielding corrupt judges from prosecution.
The forum said none of the judges sanctioned by the judicial body for corruption since 2000 had been prosecuted, adding that it also failed to probe many petitions sent to it.
FONGON Chair Wole Badmus said at a news conference in Abuja that it was an irony that some of the judges indicted by the DSS waited until they were arrested before making allegations against some public officers for attempting to bribe them.
Badmus said while the forum was aware the judges have not been found guilty by a court of law, they should step down from their positions since the NJC was not willing to suspend them.
Badmus said if the judges failed to step down, the group would mobilise citizens to besiege their courts until they stepped down.
He added that the group will embark on a peaceful demonstration in support of the battle to rid the judiciary of bad eggs.
The group’s chair expressed concern about the silence of the organised labour, adding that this is one of the few moments when silence is not golden.
The group alleged that the NJC refused to investigate and sanction alleged corrupt judges in 10 petitions submitted to it by the Civil Society Network Against Corruption (CSNAC) as well as the Edo and Oyo state governments.
The petitions, Badmus said, include those against Justice B. A. Adejumo, president of the National Industrial Court (NIC), by Edo and Oyo states for granting illegal ex-parte orders against the two states, and another by the CSNAC accusing him of recommending unqualified candidates as judges of the NIC.
They claimed the NJC refused to investigate petitions against president of the Court of Appeal for failure to hear and determine the appeal by the EFCC against the judgment of Justice Buba in the Odili case, which was handled by the NBA president as counsel to the EFCC.
According to the group, the judicial body failed to investigate a petition by CSNAC against Justice Uwani Abba-Aji of the Court of Appeal; Justice Ibrahim Auta; Justice Hyeladzira Nganjiwa, and Mohammed Yunusa as well as chief judge of the Federal High Court alleged to have collected bribe from Rickey Tarfa (SAN).
Other petitions include the one against Justice Marcel Awokulehin for sentencing drug dealers to lesser terms, contrary to provisions of NDLEA, and Justice Abdul Kafarati for gross misconduct and desecration of the bench.
President Muhammadu Buhari has been urged to ensure that corrupt judges are flushed out of the system.
The call, which was made at a rally Wednesday in at the Federal High Court, Alausa, Lagos, saw placard-carry protesters urging the President to wipe out corruption in the judiciary and other arms of government.
Some of the placards read, “We support total probe of the judiciary”, “Probe more judges”, “Justice is not for sale, Probe the court”, “Corruption is worse than Boko Haram.”
The protesters also admonished the president not to deter to take decisive action on the judges saying all the judges so far indicted or arrested for corruption should immediately resign considering the magnitude of the case that the DSS has built against them.
The Lagos Coordinator; Human Right and Anti-Corruption Coalition, Desmond Abiona who spoke on-behalf of the masses said Nigerians are sad that the judiciary that should be the last recourse of the common man is a bigger problem than what we had hoped it would solve for us.
“How many terrorists have we successfully convicted and put away for good?” he quried adding that corrupt judges have not allowed it. They rather receive bribes and allow killers roam the land with explosive belts and AK47 than deploy the judiciary as a tool for curbing terrorism. “
According to the activists, the case of those that have been given lenient punishments or bailed from the DSS net is a slap on the wrist by the National Judicial Council (NJC) urging the president to ensure that they must face the law court.
“The DSS must widen its investigation to take in all the petitions that the NJC has ever discarded given the fact that the council has demonstrated it tends to shield corrupt judges. The arrested judges should be charged to court within the shortest time possible to that they cannot claim their rights were violated.
“We want to clearly warn the judges that would be handling the trial of these arrested men that Nigerians would be watching closely and this is no time to play fraternal games. In addition to accepting bribes and being corrupt there is also something called conflict of interest and Nigerians will be watching.”
“The DSS must widen its investigation,” adding that Nigerians are not expecting anything less.
Foremost constitutional lawyer Prof Itse Sagay (SAN) yesterday said corrupt judges should suffer the fate of ordinary men.
He said the judiciary, which used to be revered in the past, had lost is dignity due to high level of corruption.
According to him, the Federal Government is left with the option of either “twiddling its fingers” and doing little or taking drastic steps.
According to Sagay, the National Judicial Council (NJC) has become “ineffective” in its ability to handle “monumental” graft in the judiciary.
The Presidential Advisory Committee against Corruption (PACAC) chairman, in a statement, said the good old days where the judiciary was held in the highest esteem were gone.
He said that “dreamlike era” had degenerated into “the world of mammon, where cash dictates justice”.
His words: “The searches of the premises of judges by the DSS is a sad development in our legal history brought about by inevitable circumstances.
“Although no judges had ever been subjected to search of premises and arrest, from the colonial period until recently, this was not because there was any law protecting Judges’ immunity against arrest and criminal prosecution. Rather, it was based on a convention arising from the need to respect the dignity and sanctity of the Judiciary.
“In other words, the practice of respect for members of the Judiciary was a convention, not a binding rule of law. Members of the judiciary do not enjoy immunity against searches, and arrests under any law. Therefore the sustenance of sanctity of the person, office and residence of a judge depended on the continued maintenance by the judge of decorum, dignity, honesty and integrity.
“The explosive and expanding epidemic of judicial corruption, which has taken an alarming character since the 2007 elections, has totally overturned the culture of respect for the judiciary and brought the revered institution into disrepute and ignominy.
“The epic and corrosive nature of the problem has made the system expressly laid down for dealing with judicial indiscipline, that is, the NJC system, totally ineffective. The level of moral depravity and the enormous number of culprits engaged in aggressive or rampaging corruption was just too much for the orthodox system of discipline to deal with.
“The amount of raw cash recovered in the process of the DSS searches is mind boggling. We, therefore, have a situation in which a deadly disease was threatening the very existence of democracy and the Rule of Law.”
Sagay said ultimately, the very foundation of Nigeria’s democracy was in danger of collapsing.
He referred to elections contested in the manner of “a bloody conflict” in which the victor was like a military conqueror and was then endorsed by the judiciary.
To him, in such a situation, democracy is abandoned in favour of a jungle culture where life would be nasty, brutish and short.
Sagay said the endorsement of electoral victories by violence, fraud and rigging was an abandonment of civilisation and a descent into anarchy and disorder, leading to a dysfunctional society.
He said: “The question must be: do we take drastic and unprecedented steps to sanitise the judiciary and save the institution from those who are prepared to drag it and our democracy down for filthy lucre? Or do we twiddle our fingers in despair and let the shameful erosion and retrogression of a once famous and revered institution to go on?
“This is a country that once had one of the greatest judiciaries in the world. It now seems unbelievable that our judicial benches were once graced by legendary figures, like J.I.C. Taylor, Louis Mbanefo, Joseph Adefarasin, Adetokunbo Ademola, Akinola Aguda, Anthony Aniagolu, Kayode Eso, Mohammed Bello, Chukwuweike Idigbe, Andrews Otutu Obaseki, Augustine Nnamani, Adolphos Karibi-Whyte and Chukwudifu Oputa. Between 1980 and 1990, we had an outstanding group of Jurists in the Supreme Court who created the golden age of the judiciary.
“What has happened between that dreamlike era and now is a rapid descent into the world of mammon, where cash dictates justice. With that degeneration of our judicial standards, our judicial ‘gods’ have descended from mount Olympus and joined the ranks of ordinary men and thus are suffering the fate of ordinary men.”
The eminent professor of law said “justices of the golden age” decided cases such as Governor of Lagos State vs Ojukwu, Bello vs Attorney-General of Oyo State., Garba vs Attorney-General of the Federation, Obeya Memorial Hospital vs Attorney-General of the Federation, Wilson vs Attorney General of Bendel State, all of which he said were decisions against military governments.
“Because of the superior moral authority of the Justices who presided over those cases, their fearsome reputation as men of steely integrity and honour, those judgments were obeyed without question. Even the military were afraid of these men of uncompromising integrity.
“It was unthinkable that the DSS or its equivalent in the days could invite them for questioning, not to talk of searching and arrest. Their strong moral armour protected them against executive adventures and gave them real power over the other arms of government.
“Surely, we could be like that again if we rebuild our judiciary and hold them up to the highest standards of morality, transparency and integrity,” Sagay added.
THE Federal Government has declared that corrupt judges will no longer be allowed to escape from justice in line with the cardinal agenda of President Muhammadu Buhari’s administration to fight corruption.
Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) said this yesterday while speaking as special guest at a media launch of a report, titled: “Go Home and Sin no more: Corrupt Judges escaping from justice in Nigeria”.
It was organised by Socio Economic Rights and Accountability Project (SERAP) at Weston Hotels, Opebi Link road, Ikeja.
Malami said: “I can assure you that in line with the cardinal agenda of President Muhammadu Buhari’s administration, the office of the Attorney General of the Federation shall ensure that every appearance of corruption in the judiciary is dealt among other measures through criminal prosecution and forfeiture to the state of illegally acquired assets.”
To achieve this objective, Malami, who was represented by his Senior Special Assistant (White Collar Crimes), Abiodun Aikomo, said the Buhari administration would actively promote and ensure that corrupt judges were prosecuted.
“Acts of judicial impunity will also not be condoned, so that our judges can be judicially accountable at all times in a corruption-free judiciary, which is both independent and impartial.
“All these, shall be achieved, together with partners like SERAP, without violating the fundamental human rights of the persons involved, and in line with the Rule of Law and international best practices. That would be this administration’s own way of saying: Go and sin no more.
“Considering the pivotal role that they play in the administration of justice, it is important to ensure that Nigerian judges, like the proverbial Caesar’s wife, are beyond reproach or even suspicion. Gone are the days when corrupt judges escaped from justice in Nigeria,” the minister said.
Mumuni said SERAP was looking forward to working with the Attorney General of the Federation to ensure the full implementation of the recommendations contained in its report.
The report suggested the prosecution of corrupt judges; referral by the Chief Justice of the Federation and the National Judicial Council of all cases of judicial corruption to appropriate anti-corruption agencies and publication and auditing of spending by the judiciary.
It also urged public and periodic disclosure of assets by the Chief Justice of Nigeria and all other judges; retired judges should be allowed to lead the National Judicial Council to improve its independence; and urgent investigation of allegations of age falsification among judges by the National Judicial Council.
It also advised the Economic and Financial Crimes Commission (EFCC), among others, to proactively and robustly use their statutory powers to investigate and prosecute judicial corruption and to request from the NJC files on cases of corrupt judges for prosecution.
•Advises against use of quota system to appoint judges, recommends Kenyan model •Wants five-year tenure for CJs
A former President of the Court of Appeal, Justice Ayo Salami, wants President Muhammadu Buhari to ask the Economic and Financial Crimes Commission (EFCC) and other anti-graft agencies to investigate corrupt judges.
The presidency, according to him, should also copy the Kenyan model to rid the nation’s judiciary of corruption, while kicking against quota system in appointing judges.
Salami, speaking at the 8th Annual Forum of the laureates of the Nigerian National Order of Merit (NNOM) and the Award in Abuja, said Chief Judges of both the State and Federal High Courts should have a prescribed tenure of not more than five years
“In the circumstance, corruption being criminal in nature, a solution that can be proffered is that judicial officers who are suspected of committing crime should be referred to the State Security Services, EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) or the Nigeria Police for investigation and possible prosecution,” he said.
“For those of them who are found culpable or liable, the President may consider giving them soft landing by allowing them to resign and proceed on compulsory retirement or permit the law to take its due course.
“The present situation where there are serious allegations of corruption against a judicial officer in several petitions and the National Judicial Council let him off the hook on investigation of only one of the several petitions and retires him seemingly suggests that the interest of justice has not been served.
“The outstanding petition(s) should also be sent to the police for necessary action. A recently compulsorily retired judicial officer trivialized the decision of the National Judicial Council by saying that he was not retired on the allegation that he received one hundred million naira from the executive governor of Rivers State to nullify the election of local government chairmen and it was not in relation to Odi but it was in relation to Shell case; whatever that may mean.
“The outstanding petitions ought to have been investigated and pronounced upon to determine whether he merits retirement or dismissal. Merely sending the officer on retirement without an order for refund of the booty is grossly inadequate. Be that as it may, these are criminal cases and should not terminate with NJC decision. Such judicial officers should be referred to the relevant security agencies for investigation and determination of their criminal responsibility.”
Salami asked the presidency to send a team to understudy the Kenyan model of tackling corruption in the judiciary.
His words: “In the alternative, government might wish to consider taking steps similar to what I understand Kenya took in combating such vexed issues. When the country decided to rid its judicial system of corruption, she suspended all her judicial officers and subjected them to an enquiry.
“The tests and criteria adopted, I learnt, in addition to the usual allegation of corruption to which the judge may answer with the typical contention of lack of evidence was that the judgment(s) or order(s) of the judge or justice or khadi, as the case may be, were subjected to scrutiny and if found correctly determined, the officer is allowed to return to the Bench.
“But if the judgment(s) or order(s) was found wanting or flew in the face of the law or facts or both, the judge was deemed corrupt or incompetent; on either view, he was found unsuitable for the position and was consequently shown the way out of the country’s judicial system.
“Thus the contention that corruption had not been proved in the sense that there was no evidence or there was no corroboration would no longer be tenable. Clearly, this approach does not provide room or opportunity for crass technicality.
“This suggestion may require the Commander-in-Chief sending a team to Kenya to study the relevant institution in that country and the role to be played by our National Assembly. The exploratory team may also obtain the relevant legislation Kenya enacted to put the body in place. In doing this, respectable men of integrity must be selected.”
The former President of the Court of Appeal recommended a five-year tenure for Chief Judges of both the State and Federal High Courts.
He said: “the Chief Judges of both the State and Federal High Courts should have a prescribed tenure of not more than five years during which they are considered for appointment to the Court of Appeal or proceed on voluntary retirement. A long tenure sometimes spanning over ten years is most unhealthy.
“An aspiring candidate for the offices of Chief Justice of Nigeria, President of Court of Appeal, Chief Judges, federal or state or any head of court whose age is less than five years from the age of retirement should not be appointable. Frequent change of heads of courts results in instability.
Salami also said eradication of corruption in the judiciary should start with the appointment of judges.
He said: “The fight against corruption in the judiciary should commence from the appointment of judges or justices to the various courts across the country. The sifting should start with the quality of university degree and the law school grade.
“In this age of Joint Admissions and Matriculation Board, which allows a student with five credits at two sittings to gain admission into university, prospective candidates for appointment to the bench without five credits at a sitting should not be considered.
“So also must aspiring judges with a university degree lower than a second class (lower division) not be considered; and all those who repeated their examinations at the Law School should not be deemed suitable for appointment to the Bench.
“In the United States of America, to qualify as a legal assistant to a justice, one must have obtained a first class in his law degree. It should equally be further noted that in that country, law is pursued as a second and not a first degree.”
He also urged the nation to do away with the use of quota system in the appointment of judges at all level, including the Supreme Court.
He said: “The controversial question of the policy of federal character euphemistically referred to as quota system should be carefully re-examined in its application to the judiciary, particularly the Supreme Court and to a lesser extent the Court of Appeal.
” There was a time when the Nigerian judiciary was dominated by expatriates and later by the then Western Nigeria, but, with rapid progress in legal education various parts of the country took up the challenge and have come to take their pride of place in the system.
“The present situation whereby the seats in the Supreme Court are shared among the geographical zones in a water tight arrangement is unhealthy.”
The fight against corruption in the judiciary did not start today; yet it has not abated. Last week, Chief Justice of Nigeria (CJN) Mahmud Mohammed shocked the nation when he said no fewer than 64 of the 1020 superior court judges had been sanctioned in the past five years. How can corrupt judges be stopped? ADEBISI ONANUGA sought lawyers’ views.
The figure is startling – 64 of the 1,020 superior court judges have been sanctioned in the past five years for corruption. Chief Justice of Nigeria (CJN) Mahmud Mohammed, who broke the news at a gathering in Abuja last week, looked everything but happy. He spoke with a heavy heart as he mused over the judiciary, which is commonly referred to as the last hope of the common man.
Speaking at a conference with the theme: The fight against corruption: the way forward, organised by the Nigerian Bar Association (NBA) Anti-corruption Commission, the CJN said efforts were being made to rid the judiciary of bad eggs.
The CJN said petitions were immediately investigated through internal procedures established by the National Judicial Council (NJC). Those found culpable, he said, were disciplined in accordance with established procedures, including being relieved of their jobs.
He, however, lamented that much as the judiciary was doing its best to eliminate bad eggs, the public, which has been criticising the institution, seemed to be encouraging corruption.
Justice Mohammed argues that corruption persists because public officials and other persons who benefit from it are never investigated and prosecuted, when the judiciary disciplines its own.
How NJC treats petitions
Upon receiving a petition against any judge, such a judge is informed about the petition and asked to respond. If the NJC finds the judge’s response unsatisfactory, a fact-finding committee is constituted to probe issues raised in the petition. During such investigation, parties, accompanied by their lawyers, appear before the committee to state their cases.
At the end, the committee submits its report to the NJC. The Council takes its decision based on the committee’s findings.
If the judge is absolved of the allegations, he/she is informed. If culpable, the information will also be passed to the affected judge, along with the penalty.
If it is a minor offence, the judge gets a warning. The NJC recommends that a judge is either dismissed or compulsorily retired where the offence is grave. Such recommendation is directed to either the governor (in the case of a state court’s judge) or the President (where the judicial officer involved is of the federal courts.).
Such a judge is suspended from office pending when either the governor or President accedes to NJC’s request.
Any affected judicial officer, who is unhappy with the NJC’s final decision, can approach the Federal High Court to challenge the decision. Appeals in such cases end at the Supreme Court.
Judges sanctioned or queried
Olotu: On February 26, last year, the NJC announced the compulsory retirement of Justice Gladys Olotu of the Federal High Court. In a statement, its Acting Director, Information, Soji Oye, said Justice Olotu breached judicial procedure by delivering a judgment in a case with Suit No. FHC/UY/250/2003, 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgment should be delivered within a period of 90 days.
“The judge admitted before the Fact-Finding Committee of the Council that investigated the allegations, that she forgot she had a pending ruling to deliver in an application for Joinder, and the Judge entertained a post Judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt, after delivering judgment, which made her functus-officio. That in another case: Suit No. FHC/ABJ/CS/505/2012, Hon. Justice Olotu failed to deliver judgment twice,” NJC said.
Inyang: Also, last year, the NJC recommended the compulsory retirement of Justice U. A. Inyang of the High Court of the Federal Capital Territory (FCT) for misconduct.
Inyang was found to have “included in his judgment, references to the garnishee proceedings, which came after judgment had been delivered on December 20, 2011. His Lordship also included the name of the counsel to Federal Road Maintenance Agency, FERMA, Chief Chukwuma Ekomaru (SAN) who came into the matter after the judgment of December 20, 2011 was delivered.
“That the Judge recklessly signed a writ of execution, a day after delivering his judgment of December 20, 2011, the same day a notice of appeal and motion on notice for stay of execution were filed.
“That the Judge continued with the garnishee proceedings despite application for stay of execution; and that before delivering his judgment of December 20, 2011, Justice Inyang ignored a properly filed Motion on Notice for leave to file additional witness statement on oath,” NJC said.
Achibong: In February 2013, the NJC recommended the compulsory retirement of Justice Charles E. Archibong, who was then serving at the Federal High Court, Lagos, following investigations conducted by the Council on series of petitions levelled against him.
Some of the allegations were that he dismissed a grievious charge against an accused without taking his plea and refused to release the Certified True Copy of his Ruling to lawyers.
He was also accused of issuing bench warrant on some Peoples Democratic Party (PDP) officials for contempt even when the counsel who was directed by the Court to serve them filed an affidavit that he had not been able to serve the contempt application.Archibong was said to have also made unfounded and caustic remarks on professional competence of some Senior Advocates of Nigeria and exhibited glaring procedural irregularities which showed that he did not have a full grasp of the Law and Court procedure.
Another allegation was that he granted the leave sought in an originating summons that had no written address of the parties and without hearing both parties in the originating summons after he had earlier on overruled the preliminary objection.
Naron: NJC, in February 2013, recommended the compulsory retirement of Justice Thomas D. Naron, then of High Court of Justice, Plateau State following its findings that there were constant and regular voice calls and exchange of text messages between the judge and one of the lead counsel for one of the parties to the suit in the Osun State Gubernatorial Election Tribunal, contrary to the Code of Conduct for Judicial Officers in Section 292 (1)(b) of the 1999 Constitution.
Ex-Abia Acting CJ, Nwanosike: The NJC in July 2013 announced the compulsory retirement of the Acting Chief Judge of Abia State, Justice Shadrack O. E. Nwanosike over alleged falsification of his date of birth.
NJC said it found that Nwanosike falsified his date of birth, which invariably affected his retirement age. It directed him to proceed on compulsory retirement.
Justice Musa Anka: In 2011, NJC ordered an immediate sack of Justice Musa Ibrahim Anka, of the Zamfara State High Court, having found him guilty of gross misconduct (bribery and corruption). It found that the judge received bribe from one Zubairu Abdulmalik in order to deliver judgment in his favour.
Anka before then had been on suspension by the council since July 2010, following a petition written against him by Zamfara State Directorate of State Security Service (DSS), alleging that he received bribe from one Zubairu Abdulmalik in order to deliver judgment in his favour.
Agumagu: On March 26, 2014, the NJC rose from its general meeting with a decision to suspend President of the Rivers Customary Court of Appeal Justice Peter Agumagu for allowing himself to be sworn-into office as the state’s substantive Chief Judge.
The NJC refused to recognise him as the CJ on the ground that the normal procedure for the appointment of a CJ was not complied with. He challenged the decision at the Supreme Court, but three appeals he filed were dismissed.
NJC suspended him after saying it did not recommend him to former Governor Rotimi Amaechi for appointment as the Chief Judge. Agumagu was, however, dissatisfied with his suspension. He consequently filed an application for a judicial review of the NJC’s directive suspending him.
NJC warns judges
On February 26, the NJC issued warning letters to the Presiding Justice of Court of Appeal Kaduna Division, Justice Dalhatu Adamu, Justice A. A. Adeleye of High Court of Ekiti State and Justice D. O. Amaechina of High Court of Anambra State.
Justice Adamu was reprimanded after it was found that he deliberately absented himself from duty, an action the NJC said amounted to gross misconduct contrary to the provisions of the Constitution and the Code of Conduct of Judicial Officers.
The NJC said it found Justices Adeleye and Amaechina “culpable of very low performance. It issued them warning letters for ‘decline in their productivity’.”
Talba: Justice Abubakar Mahmud Talba of the High Court of the FCT, Abuja resumed on May 2, 2014 after serving 12 months’ suspension.
The NJC had on April 26, 2013 suspended him because he did not exercise his discretion judicially and judiciously with regard to the sentences he passed on one of the accused persons, John Yakubu Yusuf in the Police pension case of FRN Vs Esai Dangabar and five others. NJC also warned Justice Talba “to desist from unreasonable exercise of judicial discretion in all matters brought before him”.
The judge had given Yusuf, who admitted to the stealing of about N27.2billion pensioners’ funds, two years’ imprisonment with an option of N750,000 fine, which the convict promptly paid. The decision attracted public criticism.
The fight continues
In spite of efforts taken by its leadership to sanitise the judiciary, which is regarded as the last hope of the common man, it has remained in the sport light of public scrutiny, not for any other reason but for the level of corruption that has pervaded and brought it to disrepute.
Observers believed that the war against corruption in the judiciary has thrown up some challenges for the legal profession in terms of respect and credibility and they see politicians as being majorly responsible for this.
They also noted that politicians have succeeded in dragging the judiciary into the centre stage of the electoral process because of its relative weaknesses which are being made worse by corruption.
They are equally concerned about how this trend can be stopped within the polity.
The CJN, through the NJC, has already taken the bull by the horn by initiating steps to enact new guidelines leading to a more transparent process that would ensure that only persons that are intellectually sound and have integrity are appointed judicial officers. Acknowledging that the bench is also a by-product of the bar, Justice Mohammed has also urged the bench to expunge from its ranks, persons whose conduct may be unfit, improper, dishonest and otherwise from its ranks and file.
An ex-judge’s view
• Justice Ogunade (rtd)
A former Ogun State High Court Judge, Justice Babasola Ogunade, believes judges indicted for corruption should be tried.
“Look at what happens in other climes. You do anything that people believe is scandalous, or is criminal, you get arrested. Investigations will be done.
“If they find that you’re culpable, you’re prosecuted. If they’re able to prove their case, you go to jail – just as it happens to politicians and the rest of them. Nobody is above the law as far as I know,” he said.
He also urged judges to be diligent while being content with what they have. He said: “My advice simply is this: Always remember your judicial oath. Be industrious. There is no need for you to sit late. Your training at the Law School enjoins you to be prompt. If you’re a practitioner and you’re late in going to court, your client one day will go and look for another lawyer. Sit on time; do your best when you’re there; always remember your judicial oath. Minimise your social outings because the work is so demanding.
“You’re not going to look at the case of one side; you’re going to look at the two cases, and on your own, look at similar cases that had happened in the past that could assist you in what you’re doing. So, really, the time for socialisation is so little. Take it that you’re handling something that is sacred. If the remuneration is not as high as you expected, God is your paymaster, he will pay you.
“Since I retired 14 years ago, I’ve not looked over my shoulder. God has always provided for me. I’m not stupendously rich, but I’m not poor. If I want to eat, I have money to buy food. I have a car in which I ride. And if I need to satisfy family needs, I’m able to do it within my income. Live within your income.
“Don’t let people look at you and your status and say ‘Ah, how will they say he’s a judge and he cannot do this?’ If you’re unable to do it, you’re unable to do it. That’s the way I look at it. So, the temptation of having to add a little bit unjustly to what you’re earning may not be there,” he said.
The way out, by lawyers
• Farounbi
Chairman, Nigerian Bar Association (NBA), Ikeja Branch, Yinka Farounbi, said for the judiciary help rid the country of corruption, it must be insulated from that corruption and like Caesar’s wife be above board.
Sadly, however, that is not the case, Farounbi lamented, adding that some of the judicial officers had forgotten the constitutional oath to dispense justice without fear or favour.
“When viewed vis a vis the importance of the institution, then one will reasonably conclude that the corruption in the Judiciary is alarming and unmanageable and something drastic has to be done,” he said.
While admitting that the punishment against erring judicial officers, no doubt, will help in serving as deterrent to others, he stressed that what should be done is to examine areas of the appointment of the judicial officers, particularly at the High Court level.
“Even though appointment of Judicial Officers could be made directly to the Court of Appeal and the Supreme Court, but in most cases it is always by elevation from the High Court to the Court of Appeal and finally to the Supreme Court. The question then is: what is the integrity of the appointed Judges of the various High Courts who will one day be elevated to the higher Bench?
“Some of these judges were politically appointed on the doctrine of ‘man know man’ rather than pure merit. Some of them were not even practising lawyers, whether privately or in the Ministry of Justice at the time of appointment.
“In fact, some are into menial jobs overseas when appointed as a result of the connections of the parents or some godfathers. Such appointments are done without thorough examination of the characters of the applicants which ought to be very key in such appointments,” Farounbi said.
He also suggested that the unbiased opinions of the various Bar Associations in the jurisdictions where these Judges are meant to be appointed should be highly respected. According to him, “where the recommendation is yes let it yes and where it is no let the no be. It is the Bars in these areas that can best assess the candidates. To put the Bar itself on alert, it must be queried on its recommendations if the recommended applicant or applicants are later found to be corrupt. He said there must be a “designed form of enquiry” where all questions fundamental to Judicial appointments would be asked and firmly answered.
“After appointment, the local Bar should annually be contacted on the performance and general character of the judicial officers. A questionnaire form is equally recommended. A judicial officer who knows there will be a yearly report on him and that the report could be a basis for his sanction will think twice before accepting a bribe, even from an angel.
“And more importantly, there must be a conducive atmosphere for these judicial officers to work. There must be security of tenure in the real sense of it. Apart from good salaries, all other things must be put in place to aid them in effectively discharging their constitutional duties.
The popular saying is that “it takes two to tango”. Invariably there could be no receiver without a giver. My recommendation will be that both the giver and the receiver should be treated alike. It will not be enough to discipline them, they must be prosecuted. If a man collects, say triple of what his salaries would have been for “200 years” and you just retired him, he will still enjoy the loot, but if prosecuted successfully the spoil will be a waste,” he stressed.
• Ubani
Immediate past NBA Ikeja Branch Chairman Onyekachi Ubani believes the judiciary is peopled by human beings who are Nigerians, and that corruption permeates every sector and so none is sacrosanct, including our judiciary.
“The conclusion, therefore, is that corruption in Nigeria and in the judiciary is systemic and so any effort to tackle it must start from the root. One is a bit relieved when the New Chief Justice of the Federation announced recently that the system has put in place measures for the recruitment of future judges that will ensure that the best, the most competent and those with integrity are recruited. That is indeed cheering news.
“In addition to ensuring that honest and competent hands are recruited into the judiciary, the issue of their welfare should be well addressed to ensure that a judge or magistrate has no reason to take bribe and corrupt the stream of justice. In addition, the monitoring mechanism and punishment for erring personnel should be intensified to ensure that the stream of justice remains pure, clean and undiluted. With these measures in place, one can safely assume that even if not eliminated, corruption in the judiciary will be reduced minimally.
“We insist that our institutions that are empowered by law to investigate and punish crime must not spare anyone in the country who colludes, abets and aids corruption in the system. We condemn in totality the present system where our institutions appear very weak and demonstrates demonic incapacity to prosecute people who appear big in their eyes and who aid and abet corruption in every system including the judiciary.
“It is a criminal irresponsibility for the system to demonstrate capacity when a poor man or woman is involved and fails to do same when a heavy pocket individual is alleged to have committed even a more heinous crime that affects the system.
“Corruption in the country and in the judiciary must be tackled seriously as it has developed cancerous dimension against the progress of the nation. The new government of President Muhammed Buhari promised to deal with corruption which is the main reason why majority of Nigerians voted for him, therefore the time is ripe for him to start by dismantling the structures in the country that encourage corruption and for those who fail to turn a new leaf the system must descend on them heavily to act as a deterence to prospective corrupt individuals in the country. That is the way to go and I am advising “let us go there,” Ubani said.
• Omoyinmi
A member of the Ogun State Judicial Commission Abayomi Omoyinmi said unbending consideration should be accorded the process by which judges are appointed.
“Those persons in the society that also benefit from corrupting judicial officers if investigated and found culpable should be made to face heavy wrath of the law,” he said.
Lagos lawyer Emeka Nwadioke said there is no alternative to vigorous prosecution of erring judges. According to him, corruption in the judiciary is a most egregious state of affairs.
“I was tempted to say that 64 out of 1020 judges or 6.27 per cent of judges is a negligible number until I recalled the words of Henry Ward Beecher thus: ‘Take all the robes of all the good judges that have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge.’ We can they see the menace that even one corrupt judge constitutes to the entire society, and why everything must be done to weed out all corrupt judges from the system.
“It is noteworthy that in recent years especially, the leadership of the judiciary has been doing a lot to curb this menace. It must not relent. There is no alternative to vigorous investigation and punishment where suspects are found culpable. Indeed, the tragedy of the situation can be gleaned from the use of ‘suspects’ to qualify judges, ordinarily the most noble of all.
“All institutions connected with sanitising the judiciary must also be above board. If judges know they cannot wriggle out of the tight mesh woven by the NJC through ‘connection’ and the like, everyone is bound to sit up. However, the remuneration of judges must be adequate to dissuade them from corrupting influences,” Nwadioke said.
• Nwadioke
To him, the judiciary cannot be corrupt if the society does not tolerate it. “As to the larger society, it was the inimitable William Shakespeare who said that ‘Thieves for their robbery have authority when judges steal themselves.’ This notwithstanding, there has been a seeming decline in the zeal to combat corruption. The government has in recent years been accused of lacking the political will to combat corruption.
“It is, however, refreshing that the current administration rode to power on the back of an anti-corruption programme. It has no choice but to combat corruption through frenzied and diligent prosecution of suspects. Rigorous implementation of the new rules on trial of corruption cases is encouraged to obviate the delays that have regrettably attended such cases.
“It is also troubling that, as noted by the CJN, the Bar is not immune from the hazards of corruption. Some senior lawyers have even been severally accused of being conduits for these wayward judges. Again, prompt investigation and prosecution of suspects must be encouraged.
“The NBA must rise to the occasion by assisting institutions saddled with this duty. It is worrisome that NBA’s electoral processes have been alleged to be subject to manipulation; this is corruption of very unacceptable proportion.
“To ensure that the NBA is not found wanting in its high duty to combat corruption within its ranks, it must urgently reform its electoral processes to ensure that its leadership truly and always reflects the will of all lawyers. Perhaps the time has come to revisit the clamour for universal suffrage at the Bar through electronic voting. Other professional associations in Nigeria have utilised electronic voting with great success,” Nwadioke added.
