How NJC shields corrupt judges, by presidential adviser

…Litigants now bypass lawyers to see judges
directly

Special Adviser to the President on Prosecution, Office of the
Attorney-General of the Federation, Mr. Okoi Obono-Obla, has
accused the National Judicial Council (NJC) of shielding corrupt
judges.

He 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.

Obono-Obla said corruption has 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 him
that 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 have 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
practiced 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 River State House of Assembly under
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 into
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 in 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 cause. 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 grand-parents were eminent jurists,
their grand-fathers 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 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.

“An 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?”

The nation

…Litigants now bypass lawyers to see judges
directly

Special Adviser to the President on Prosecution, Office of the
Attorney-General of the Federation, Mr. Okoi Obono-Obla, has
accused the National Judicial Council (NJC) of shielding corrupt
judges.

He 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.

Obono-Obla said corruption has 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 him
that 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 have 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
practiced 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 River State House of Assembly under
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 into
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 in 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 cause. 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 grand-parents were eminent jurists,
their grand-fathers 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 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.

“An 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?”

The nation