PRESS STATEMENT February 22ND 2009
NJC SUSPENDS JUSTICE NWOKORIE
JUSTICE NIKI TOBI DESERVES SUSPENSION TOO
The National Judicial Council {NJC}, on Friday February 20 th, through the NJC Secretary, Mallam Danladi Halilu, issued a suspension notice on Justice Chudi Nwokorie of Federal High Court, Owerri Division, on account of his breach of the judicial oath of office.
‘ The Council at its 45 th Meeting which was held on 4 th and 5 th February this year found the conduct of Justice Nwokorie as an abuse of judicial powers. Consequently, in the exercise of its powers under the 1999 Constitution of the Federal Republic of Nigeria, the National Judicial Council {NJC} decided to suspend him from office until further notice.
The suspension is pursuant to the findings of the Council on the complaint leveled against Justice Nwokorie by Hon Declan Mbadiwe Emeluwa that the judge gave an order setting aside the judgment of the Court of Appeal Port Harcourt.’
The suspended Judge was found to have entertained an election matter, which the Governorship and Legislative Houses Election Tribunal Imo had already determined, while sitting at the Katsina Division of the Federal High Court.
CNPP commends the NJC for suspending Justice Chudi Nwokorie; for there is no better test of the excellence of a democratic government, than the independence and efficiency of its judicial system. It is trite to further state that nothing more nearly touches the heart of citizens under democracy than their knowledge and appreciation that they can rely on the certainty, prompt and impartiality of administration of justice.
Consequently, we call on the NJC to look into cases in the national interest, where judges as the National Executive Committee of Nigeria Bar Association {NBA} noted in Oshogbo on February 20th, deliver contradictory judgments and breach the principle of stare decisis.
For the avoidance of doubt a case in point is the contradictory lead judgment of the Presidential Election Petition filed by Muhammadu Buhari, delivered by Justice Niki Tobi at the Supreme Court on December 12 th 2008; consequent upon we call for his suspension.
CNPP invites the NJC and indeed fellow Nigerians to carefully digest both the majority and minority judgments to decide, if a legally valid poll took place on April 21 2007 for the presidency and if Justice Niki Tobi served the cause of justice or was merely grand standing?
In an effort to trivialize the work of Chief Mike Ahamba SAN and the overwhelming evidence of substantial non-compliance with the Electoral Act 2006, he clownishly said, ‘ The Court of Appeal cannot collect evidence from Balogun market, Lagos; Dugbe market, Ibadan; Central market {former gwari market} Minna; Wuse market, Abuja.’ We do not know the market where his colleagues the heroes and heroine of democracy; Justices George Oguntade, Aloma Mukhtar and Walter Onnoghen in a 4 – 3 verdict, collected the evidence of non-serialization of ballot papers, which Justice Niki Tobi did not collect?
CNPP can go and on to highlight several other startling contradictions of Justice Niki Tobi lead judgment; suggestive of abuse of judicial powers, in a bid to assist the respondent at all cost and at the expense of our fledgling democracy.
We had reasoned that a lead judgment in a Supreme Court, the highest court in the land, the final bus stop and binding court, precedent on all other courts in our dear country should have been more circumspect and non-partisan.
Consequently, we call on the NJC to as a matter of urgent national importance to suspend Justice Niki Tobi and his clan of judges to restore the vanishing hope of Nigerians in the judiciary: especially now that President Umaru Musa Yar’Adua is foot dragging to embark on Electoral Amendment of the Constitution.
Osita Okechukwu
National Publicity Secretary
CNPP
08039738870
