SERAP Seeks Probe Of Unfair Treatment Of Former Kebbi State Acting CJ, Karatu

Socio-Economic Rights and Accountability Project (SERAP) has
condemned “the harassment, intimidation and unfair treatment of the
former acting Chief Judge of Kebbi State, Elizabeth Karatu, who was
barred from gaining access to her courtroom to deliver certain
judgment by an official of the Nigeria Security and Civil Defense
Corps (NSCDC), who claimed he was acting based on the directive
given to him by the management.”

The organization urged the Chairman of the National Judicial
Council (NJC) and Acting Chief Justice of Nigeria Ibrahim Tanko
Muhammad to: “publicly condemn the unfair treatment of Justice
Karatu and urgently refer the matter to appropriate authorities for
a prompt, thorough and effective investigation in order to ensure
that those responsible for this unlawful act are named and shamed
and brought to justice.”

In a video clip, Justice Karatu is heard saying: “I am the most
senior judge in this court and I am here to deliver my judgement.
Can you imagine? Which management gave you the order? Today is my
last day to be here and it is my right to be here. I have come to
deliver my judgement. As far as I am concerned, everybody in this
court is my junior and I need a courtroom to deliver my
judgment.”

Reacting, SERAP in a statement today by its deputy director
Kolawole Oluwadare, said: “Barring Justice Karatu from delivering
judgment is an intolerable act of intimidation against the highest
judicial authority in Kebbi State at the material time. Regardless
of any allegations that may have been levelled against her, it is
clear that Justice Karatu has been unfairly treated by the
apparently unlawful actions of the Kebbi State governor, Mr Atiku
Bagudu and the NSCDC barring her from gaining access to her
courtroom to rule on cases.”

According to SERAP, “Barring Justice Karatu from gaining access
to her courtroom is entirely incompatible with the sacred principle
of judicial independence, and the failure by the authorities to
observe important procedural guarantees here is a textbook case of
executive rascality. SERAP will vigorously pursue justice in this
case, to ensure that this shameful act does not affect the work of
other judges or undermine their ability to freely and effectively
perform their judicial duties.”

The statement read in part: “The NJC should immediately set up a
panel to thoroughly and effectively investigate the alleged role
played by the new acting Chief Judge of Kebbi State, Justice
Suleiman Mohammed Ambursa in the unfair treatment, harassment and
intimidation of Justice Karatu, and if there is sufficient and
relevant admissible evidence, to ensure appropriate disciplinary
measures and sanctions against him.”

“The ultimate responsibility for the crisis in Kebbi State’s
judiciary lies with governor Bagudu. To prevent further erosion of
the constitutional principles of judicial independence and
separation of powers, the governor must publicly apologise for the
blatant infraction of Justice Kataru’s human rights, and ensure her
access to justice and effective remedies, including
reparation.”

“It is clear that the rule of law in Kebbi State is under siege.
SERAP urges the government of governor Bagudu to refrain from any
threats or interference that may further hamper the court’s
independence and authority as the supreme guardian of the Nigerian
constitution and legislation.”

“By putting the court entrance under lock, the government of
governor Bagudu and the NSCDC have obstructed justice, a form of
corruption under the UN Convention against Corruption to which
Nigeria is a state party, as they have apparently unlawfully
stopped Justice Karatu from performing her judicial duties and
delivering certain judgment on the eve of her retirement.”

“The apparently arbitrary actions by governor Bagudu and the
NSCDC also amount to an unlawful interference with Justice Karatu’s
private and professional life, contrary to the Nigerian
Constitution of 1999 (as amended) and the International Covenant on
Civil and Political Rights and the African Charter on Human and
Peoples’ Rights to which Nigeria is a state party.”

“The Nigerian constitution and these human rights treaties
afford legal protection against arbitrary interference by the
authorities, including in Kebbi State. The unfair treatment and
intimidation of Justice Karatu, apart from being incompatible with
the rule of law, has had tangible consequences for her material
well-being and her family.”

“Such arbitrary and illegal actions expose judges at both the
federal and state levels to political and executive pressure,
endangering their independence and impartiality.”

“Under our laws, judges can be removed only in accordance with
an objective, independent procedure prescribed by law. Any
sanctions or disciplinary procedures for judges must ensure
sufficient separation of the judiciary from other branches of State
power and provide appropriate guarantees against abuse and misuse
of disciplinary measures and sanctions to the detriment of judicial
independence.”

“Judges must be free to carry out their professional duties
without political interference and must be protected, in law and in
practice, from attack, harassment or persecution as they carry out
their professional activities.”

“Courts play a major role in the fight against corruption, and
ensuring that victims or potential victims of human rights
violations obtain effective remedies and protection, that
perpetrators of human rights violations are brought to
justice.”

“But when judges are unfairly treated, the role of the judicial
system to act as check and balance on the other branches of
government, ensure that laws of the legislative and the acts of the
executive comply with the rule of law, is seriously eroded.”

Last week, a trending video clip showed an official of the NSCDC
barring Justice Karatu, from gaining access to a courtroom. The
judge, who was billed to retire on July 5, was supposed to rule on
cases on July 4, her last day in office. Mrs Karatu, until her
retirement, was the most senior judge in Kebbi State judiciary. The
civil defence official barricaded the road as he prevented the
senior judge and her police orderly from gaining access to the
court premises.

Justice Karatu, a Christian, was appointed acting chief judge of
Kebbi State in October 2018, following the retirement of the former
chief judge, Bala Mairiga, who left the bench the same month. The
Kebbi State House of Assembly refused to confirm Mrs Karatu as the
substantive CJ after the state governor, Atiku Bagudu, sent her
name to the House, for confirmation.

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