The National Judicial Council,NJC, has rejected calls by the Nigeria Bar
Association, NBA, to suspend or recuse Judges whose homes were invaded by
the Department of State Security, DSS, on allegation of corruption.
The NJC said acting in line with NBA’s suggestion would amount to
violation of section 158 of the Constitution.
The statement read in part, “Thus, the current position of the Nigerian
Bar Association vis-à-vis its recommendation that the affected judicial
officers involved in the on-going investigation of Judicial Officers by
the DSS, be requested to proceed on compulsory leave until the conclusion
of all disciplinary proceedings against them, is unacceptable to the NJC;
as it breaches the 2014 Revised Judicial Discipline Regulations formulated
by NJC pursuant to Section 160 of the 1999 Constitution of the Federal
Republic of Nigeria, as amended.
“It is to be reiterated also that by the provisions of Section 158 of the
1999 Constitution of the Federal Republic of Nigeria, as amended, NJC
shall not be subject to the direction or control of any other authority or
person while exercising its disciplinary power of control over Judicial
Officers in the Federation.
“The members of the public are hereby informed that the mechanism that
will determine a judicial officer to be directed or requested to proceed
on compulsory leave or be suspended from office, is a disciplinary power
that NJC can only exercise after initiating disciplinary proceeding on the
complaint or petition forwarded against the Judge, after he has been found
culpable.
“Therefore, to act on the recommendation of the NBA, it is not only
contrary to the provisions of Section 158 of the 1999 Constitution of the
Federal Republic of Nigeria, as amended, but it means NJC will direct any
judicial officer that has been petitioned even if the allegations
contained therein are frivolous and baseless, to proceed on compulsory
leave or be suspended from office without complying with the rule of law.