Zamfara Gov Poll: NJC Probes Judge Over Alleged Judicial Rascality

The National Judicial Council, NJC, has given its nod for an
investigation into a petition filed by the governorship candidate
of the All Progressives Grand Alliance, APGA, in Zamfara State,
Alhaji Sani Shinkafi.

The petition, which was received by the office of the Chief
Justice of Nigeria on February 26, alleged that a Zamfara State
High Court Judge engaged in “gross abuse of office and judicial
rascality”, when he presided over a political case marked
ZMS/GS/52/2018, pertaining to the March 9 governorship
election.

According to the petition before the council, Justice Bello
Muhammed Shinkafi, spurned the judicial hierarchy, by going ahead
to deliver judgment on a matter that was pending before the Sokoto
State Division of the Court of Appeal.

The APGA flag-bearer alleged that the high court judge took the
action after he was notified that the appellate court was already
seized of the facts of the case, thereby violating his right to
fair hearing as enshrined under section 36 of the 1999
Constitution, as amended.

The petition, copies of which were also sent to the Chief Judge
of Zamfara State and Chairman of the Zamfara State Judicial Service
Commission, read: “Please, refer to the above subject matters.

“ I am the Zamfara State Gubernatorial Candidate of All
Progressives Grand Alliance (APGA) for the 2019 general
election.

“I applied to be joined as an interested party in the above
named case before Hon. Justice Belto Muhammed Shinkaft of Zamfara
State High Court No 3.

However, in a ruling, the said Judge refused my application and
I then headed to the Court of Appeal, Sokoto Division.

“To ensure all court process and procedures were made in order
and never take chance, my counsel had also filed a motion for stay
of proceedings pending Appeal before the High Court (copy
attached). It is highly disturbing to have imagined how Justice
Belle would go ahead to deliver judgment despite my appeal pending
before Court of Appeal.

“Sir, Judiciary and all Stakeholders in the administration of
Justice are known to be ethical, professional and disciplined.
Regards and respect for seniority is an already established decorum
that was never challenged, especially among judges, let alone of a
case like this where the hierarchy of the two Courts in question
were defined by the Constitution.

“My lords, l have considered with greatest dismay the action of
Justice Bello as unethical and unprofessional. It speaks volume of
his unpreparedness to strict adherence to the rule of law and an
already established Court process and procedures.

“The tendency of Justice Bello’s complexity and complication in
the instant case is glaring, point to the fact that, he has been a
High Court Judge for good number of years and serves as Judiciary
Staff throughout his career. He could not have claimed mistake or
ignorance of the fact that where there is an interlocutory appeal
against the ruling of a particular Court, the lower Court, should
be estopped from delivering a judgment come what may until the
Appeal Court gives its verdict on the interlocutory issue before
it’’.