Trial Of Judges: Where Appeal Court Goofed Badly

The ruling of the Court of Appeal on Monday, which appears to
confer partial immunity from prosecution on judicial officers, is a
clear attempt at turf protection and illegal immunity, I can say
positively.

The Appeal Court had ruled that judicial officers can only be
prosecuted for offenses such as murder, stealing and others if not
committed in the course of these discharge of their duties.

However, if such offenses were committed in the course of their
recognized duty, erring judicial officers must first be tried by
the National Judicial Council (NJC), dismissed or retired before
the Economic and Financial Crimes Commission (EFCC) can investigate
or prosecute them.

This, however, is at variance with the position of the NJC,
which has administrative powers over judicial officers. In a letter
to the Acting EFCC Chairman, Mr. Ibrahim Magu, the NJC held that
all the EFCC that SaharaReporters obtained says all EFCC needs do
is to send a petition to the NJC on a judicial officer in respect
of corruption or any other misconduct to enable the Council to take
appropriate disciplinary action, leaving the EFCC with the liberty
to take legal action against an erring judicial officer.

The two-page letter (Ref No, NJC/10/1/03/1/33), exclusively
obtained by SaharaReporters in an earlier report, was signed by Mr.
Garba Gambo Saleh, NJC Secretary, on behalf of the Council Chairman
and Chief Justice of Nigeria, Justice Walter Onnoghen.

Dated July 24, the letter was in respect of the cases of three
judges accused of corruption. The judges are Justices Rita
Ajumogobia, H.A Ngajinwa, both of the Federal High Court, and James
Agbadu-Fishim of the National Industrial Court.

Letter from NJC to EFCC
The letter stated that, following the Council’s meeting of November
2 and 3 2016, the NJC decided that indicted judicial officers
should not perform judicial duties until the anticipated cases
against them are concluded.

It equally stated that the NJC decided, on June 1st, judicial
officers against whom charges have not been filed be directed to
resume duties pending the time charges are filed.

“In respect of Justice Rita Ofili Ajumogobia of the Federal High
Court, Her Lordship was directed to stop sitting based on the above
Council decision of November 2016 and has not resumed since then,”
the NJC said.

However, in the case of Justices Ngajinwa and Finshim, against
whom charges were filed on 8 and 21 June respectively, the letter
stated that the Chief Justice of Nigeria directed that they should
stop sitting in accordance with the NJC decision of November 1 and
2 2016, as charges have been filed against them.

“It is important to note that under the NJC rules, disciplinary
action can only be commenced against judicial officers upon receipt
of a petition against such a judicial officer. In respect of the
three judicial officers under reference, no petition was ever
received from the EFCC or any other agency against them.
Consequently, the Council advises that in future and in order to
aid effective working collaboration between the Council and EFCC
and indeed, to effectively tackle the issue of corruption in the
judiciary, EFCC should send petitions against judicial officers to
enable Council to take appropriate disciplinary action.

The EFCC will be at liberty thereafter to take appropriate legal
action against such judicial officers,” said the NJC in its letter.
The Council noted that the threshold of proof of misconduct before
the NJC Disciplinary Committee is much lower than the threshold of
criminal conduct. As such, the NJC stated that it might be in a
position to sanction an erring judicial officer even if the conduct
may not be criminal in nature.

The Council added that it is at the forefront of confronting
judicial corruption and is ready to cooperate with the EFCC and
other agencies to enable them to function optimally and rid the
judiciary of bad eggs.

It is now known according to Saharareporters that the lead judge
in the matter that yielded the ruling at the Appeal Court is the
wife of Justice Adwjuno of the National Industrial Court, which has
a disproportionately large number of lawyers and judges involved in
alleged bribery.

Source: Saharareporters

The ruling of the Court of Appeal on Monday, which appears to
confer partial immunity from prosecution on judicial officers, is a
clear attempt at turf protection and illegal immunity, I can say
positively.

The Appeal Court had ruled that judicial officers can only be
prosecuted for offenses such as murder, stealing and others if not
committed in the course of these discharge of their duties.

However, if such offenses were committed in the course of their
recognized duty, erring judicial officers must first be tried by
the National Judicial Council (NJC), dismissed or retired before
the Economic and Financial Crimes Commission (EFCC) can investigate
or prosecute them.

This, however, is at variance with the position of the NJC,
which has administrative powers over judicial officers. In a letter
to the Acting EFCC Chairman, Mr. Ibrahim Magu, the NJC held that
all the EFCC that SaharaReporters obtained says all EFCC needs do
is to send a petition to the NJC on a judicial officer in respect
of corruption or any other misconduct to enable the Council to take
appropriate disciplinary action, leaving the EFCC with the liberty
to take legal action against an erring judicial officer.

The two-page letter (Ref No, NJC/10/1/03/1/33), exclusively
obtained by SaharaReporters in an earlier report, was signed by Mr.
Garba Gambo Saleh, NJC Secretary, on behalf of the Council Chairman
and Chief Justice of Nigeria, Justice Walter Onnoghen.

Dated July 24, the letter was in respect of the cases of three
judges accused of corruption. The judges are Justices Rita
Ajumogobia, H.A Ngajinwa, both of the Federal High Court, and James
Agbadu-Fishim of the National Industrial Court.

Letter from NJC to EFCC
The letter stated that, following the Council’s meeting of November
2 and 3 2016, the NJC decided that indicted judicial officers
should not perform judicial duties until the anticipated cases
against them are concluded.

It equally stated that the NJC decided, on June 1st, judicial
officers against whom charges have not been filed be directed to
resume duties pending the time charges are filed.

“In respect of Justice Rita Ofili Ajumogobia of the Federal High
Court, Her Lordship was directed to stop sitting based on the above
Council decision of November 2016 and has not resumed since then,”
the NJC said.

However, in the case of Justices Ngajinwa and Finshim, against
whom charges were filed on 8 and 21 June respectively, the letter
stated that the Chief Justice of Nigeria directed that they should
stop sitting in accordance with the NJC decision of November 1 and
2 2016, as charges have been filed against them.

“It is important to note that under the NJC rules, disciplinary
action can only be commenced against judicial officers upon receipt
of a petition against such a judicial officer. In respect of the
three judicial officers under reference, no petition was ever
received from the EFCC or any other agency against them.
Consequently, the Council advises that in future and in order to
aid effective working collaboration between the Council and EFCC
and indeed, to effectively tackle the issue of corruption in the
judiciary, EFCC should send petitions against judicial officers to
enable Council to take appropriate disciplinary action.

The EFCC will be at liberty thereafter to take appropriate legal
action against such judicial officers,” said the NJC in its letter.
The Council noted that the threshold of proof of misconduct before
the NJC Disciplinary Committee is much lower than the threshold of
criminal conduct. As such, the NJC stated that it might be in a
position to sanction an erring judicial officer even if the conduct
may not be criminal in nature.

The Council added that it is at the forefront of confronting
judicial corruption and is ready to cooperate with the EFCC and
other agencies to enable them to function optimally and rid the
judiciary of bad eggs.

It is now known according to Saharareporters that the lead judge
in the matter that yielded the ruling at the Appeal Court is the
wife of Justice Adwjuno of the National Industrial Court, which has
a disproportionately large number of lawyers and judges involved in
alleged bribery.

Source: Saharareporters