The Nation Newspaper

Tag: judicial Service Commission

  • CCT Chair truly answerable only to Presidency, says NBA

    …..Pleads with FG to stop Onnoghen’s CCT trial

    The Nigerian Bar Association (NBA) said on Tuesday that it agreed with the argument by the Chairman of the Code of Conduct Tribunal ( CCT ), Danladi Uma that he and his tribunal were not answerable to the Judiciary, but the Presidency.

    NBA, in a statement issued on Tuesday by its President, Paul Usoro (SAN), said Umar was correct in that argument, but contended that the fact that the CCT was under the control of the Executive informs the urgent need to discontinue charge of breach of code of conduct pending against the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen before the CCT.

    It said: “the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission (FJSC) states emphatically that he and his tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct.

    “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a tribunal that is under the Presidency and is answerable only to the Presidency, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN.

    “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the council.”

    NBA’s new intervention in the case is coming a day before the resumption of proceedings in the case before the CCT.

    The Chairman of the CCT, Danladi Umar had, at the last proceedings on February 4 this year, insisted that Onnoghen must appear before the tribunal in person before any further businesses could be conducted in the charge pending against him (Onnoghen).

    Umar gave the directive shortly before agreeing to the request by parties for adjournment to February 13.

    He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.

    “The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”

    Read Also: Onnoghen to CCT chair: you’re a biased, tainted arbiter

    Also on Tuesday, the Court of Appeal in Abuja failed to hear the three appeals filed suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    The appellate court had in late January adjourned on February 12, 2019 for the hearing of the appeals

    But, when lawyers to parties got to court on Tuesday, the court could not form quorum (of three Justices) for the purpose of hearing the appeals.

    Parties were told to await information, on a later date, on when the hearing is to be rescheduled.

    The appeals are against the decisions of the Code of Conduct to assume jurisdiction over the charge pending against Onnoghen and the ex-parte injunction granted by the CCT, and on which President Muhammadu Buhari acted to suspend Onnoghen.

    The statement by the NBA reads: “Ahead of the adjourned proceedings in the above-named matter before the Code of Conduct Tribunal (“CCT”), scheduled for tomorrow, February 13, 2019, the Nigerian Bar Association again urges the Executive arm of the Federal Government of Nigeria (“FGN”) to discontinue this Charge against the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”) for the following reasons, amongst others:

    “First, as widely reported, one of the two petitions against the CJN that is currently before the National Judicial Council (“NJC” or “Council”) is an exact replica of the petition that motivated the CCT Charge.

    “The second petition was reportedly presented by the Economic and Financial Crimes Commission (EFCC), an FGN agency. We commend the FGN for adhering to due process by submitting the EFCC petition to the NJC for consideration.

    “In like manner and in adherence to the law and due process, we urge the FGN to discontinue the CCT Charge and allow the NJC consider the initial petition which, as widely reported, has already been responded to by the CJN.

    “Second, the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission, states emphatically that he and his tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct.

    “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a tribunal that is under the Presidency and is answerable only to the Presidency, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN.

    “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the Council.

    “Third, and complementary to the two points afore-stated is the fact that the spectacle of having our CJN, while still holding that title, in the dock before the CCT or any other court, truly diminishes all of us, not least the Executive arm of the FGN.

    “The NJC process allows an initial determination to be made on the petitions against the CJN and if His Lordship is found liable or wanting howsoever, appropriate sanctions would be imposed by the NJC including recommendation for his dismissal or retirement.

    “In that event, he would no longer hold the office or title of CJN and could be prosecuted for any criminal infraction before the CCT or any other Court.

    “An insistence on the CCT prosecution paints a picture of persecution of the CJN by the Executive and such a spectacle in no way ennobles the FGN Executive arm and/or its officials. Such a scenario should be avoided by all means.

    “Given these non-exhaustive considerations and facts, we press on the Executive arm of the FGN to please discontinue the Charge against the CJN when the matter comes up before the CCT tomorrow, Wednesday, 13 February 2019.

    “We respectfully urge full compliance with due process by FGN in this matter by allowing the NJC process to take its course in respect of the two petitions against the CJN – a step that has already, commendably, been embraced by FGN in respect of the EFCC petition.”

  • Falana advises CCT chairman to respond to query of judicial commission

    Lagos lawyer, Femi Falana (SAN) has advised the chairman, Code of Conduct Tribunal (CCT) Justice Dankadi Umar to respond to the query issued and served on him by the  Federal Judicial Service Commission (FJSC).

    “If he fails to reply the query the Federal Judicial Service Commission may wish to recommend his removal from office to the National Judicial Council pursuant to paragraph 13 (a) of Part 1 of the Third Schedule to the Constitution 1999 which will in turn make appropriate recommendations to the President”, he said.

    Falana recalled that while dismissing the allegation of judicial misconduct arising from the circumstances surrounding the suspension of the Chief Justice of Nigeria (CJN),  Justice Walter Onnoghen, the Chairman of the CCT,  Justice Danladi Umar has questioned the power of the Federal Judicial Service Commission to query him.

    “According to him, the Code of Conduct Tribunal is under the Presidency and as such the Chairman and the two other members of the Tribunal only report to the President of the Republic. To justify his queer position, Justice Umar said that a former Chief Justice had warned the members of the Tribunal to stop calling themselves judges.

    But in a statement issued in Lagos  on Sunday Falana contended that the  “CCT is not under the Presidency”.

    Falana stated the Federal Judicial Commission was perfectly in order when it queried the Chairman of the Code of Conduct Tribunal with respect to the allegation of judicial misconduct leveled against him.

    He stated that .unlike ministers and staff in the Presidency who can be removed  by the President, the Chairman and members of the Code of Conduct Tribunal cannot  not be removed from office by the President except upon an address supported by two-thirds majority of each of the House of the National Assembly on grounds of misconduct or for contravention of the code of conduct for public officers.

    He said the retirement age of Chairman and members of the Code of Conduct Tribunal is 70 years like Justices of the appellate courts adding that they cannot be removed from office before attaining the prescribed retirement age’

    He explained that  the power of the Federal Judicial Service Commission to recommend to the National Judicial Council the removal of the Chairman and members of the CCT  cannot be exercised without  conducting an inquiry into the allegation of judicial misconduct involving federal judicial officers.

    The statement stated in part: “With respect, the Chairman and members of the Code of Conduct Tribunal are recognised as judicial officers by the Constitution. For the avoidance of doubt, the Tribunal Chairman shall “be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria …”

    “By virtue of section 36 (1) of the Constitution the Code of Conduct Tribunal shall be constituted in such manner as to secure its independence and impartiality”, he stated.

    He regretted that  a Tribunal established by the Constitution as an independent juridical organ of the Federation has conveniently reduced itself to an appendage of the Presidency.

    “Apart from the Chairman and members who are appointed by the President on the advice of the National Judicial Council,  the staff of the Tribunal are not appointed or seconded by the Presidency.

    “It is expressly stated in the Constitution that the power to appoint the staff of the Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with an Act of the National Assembly. Contrary to the embarrassing position of the Tribunal Chairman, Paragraph F of Part 1 of the Third Schedule to the Constitution, 1999 as amended provides that the Federal Judicial Service Commission shall advise the National Judicial Council in nominating persons for appointment and removal of federal judicial officers including the Chairman and members of the Code of Conduct Tribunal.

    “Paragraph 15 of Part 1 of the Fifth Schedule to the Constitution provides that the President shall appoint the Chairman and members of the Code of Conduct Tribunal on the recommendation of the National Judicial Council”, he stated.

  • Re: Will Lagos judicial service commission be dissolved?

    SIR: I read the above piece in your highly esteemed newspaper, on page 28 of the July 21, 2015 edition. Quite apart from the factual inaccuracies contained in the said report, the law regulating the Judicial Service Commission, does not support the position canvassed therein.

    The composition and powers of the State Judicial Service Commission, are set out in Part II of the Third Schedule to the 1999 Constitution, for  a five year tenure. The previous members of the Lagos State Judicial Service Commission, were appointed on February 26, 2010. Thus, their tenure expired on February 26, and same has not been renewed, according to law.

    Under and by virtue of section 198 of the 1999 Constitution, the Governor is to appoint LSJSC members, subject to confirmation , by a resolution of the House of Assembly of the state. Thus, even if the LSJSC members have been purportedly appointed, by the former Governor of Lagos State, Mr Babatunde Raji Fashola, SAN, such an appointment is inchoate and will remain invalid, in the absence of a confirmation, by the House of Assembly. No such confirmation has been undertaken, either by the  past House of Assembly or the present House of Assembly. Thus, there are no ‘current members’  of the LSJSC.

    From the point of view of the constitution therefore, there is no valid or existing Board for the LSJSC. However, on July 2, the present House of Assembly of Lagos State, passed a unanimous resolution, calling upon the Governor, to dissolve the LSJSC, with effect from the expiration of their five year tenure. Being the confirming authority under section 198 of the Constitution, the House of Assembly is perfectly entitled to pass such resolution, for the governor to implement, in the circumstances.

    From the foregoing therefore, the question posed in the said piece, as to whether the LSJSC will be dissolved, when the members tenure has not expired, is no longer relevant, as any purported tenure that is not confirmed by the House of Assembly, amounts to no tenure in law.

    Thus, if at all the members of LSJSC were ever bequeathed with any further tenure, by the past administration, the resolution of the House of Assembly of July 2, effectively puts a seal, on the coffin of such illegal tenure.

    It is therefore clear that, the governor is competent, to dissolve the LSJSC and appoint new members and present them to the House of Assembly, for confirmation.

    The other point to make is that, in the new dispensation of fiscal prudence and budgetary discipline, there is no need to retain members, for a commission such as LSJSC, that meets only once in a month, on a permanent salary basis, allocate offices and cars to them, when they have always been functioning as part-time members in the past, and indeed in all other states of the federation.

    In my humble view, service to the state, as a member of LSJSC, should be a sacrifice rendered on the basis of self patriotism and commitment to the progress of any administration.

     

    • Ebun-olu Adegboruwa, ESQ

    Lagos.

     

  • PHOTO: Uduaghan inaugurates state Judicial Service Commision

    PHOTO: Uduaghan inaugurates state Judicial Service Commision