Socio-Economic Rights and Accountability Project, (SERAP) has sent an open
letter to ustice Mahmud Mohammed, Chief Justice of Nigeria in his capacity
as the Chairman of the National Judicial Council (NJC) seeking
explanations on what “he and the NJC knew or had reason to know regarding
the report to them on 1st February, 2016 by Justice John Inyang Okoro,
Justice of the Supreme Court of Nigeria on the alleged visit by Mr Rotimi
Amaechi, Minister of Transportation to the official residence of Justice
Okoro to allegedly discuss election Appeals in respect of Rivers State,
Akwa Ibom State and Abia State.”
The letter dated 21 October 2016 and signed by SERAP executive director
Adetokunbo Mumuni states that, “We consider these allegations as
constituting a serious threat to the independence, impartiality and
accountability of the judiciary, and should in the ordinary course of
duties, have prompted action from your Lordship and the NJC to wit:
undertaking prompt, thorough and transparent investigations, and where
there is prima-facie evidence of political interference in the judicial
system, to report the matter to the appropriate anticorruption commissions
and agencies for further investigation and possible prosecution.”
The letter reads in part: “SERAP strongly believes that the NJC has a
responsibility to support judges in dealing with alleged corrupt
inducements that are offered or the threats they receive, such as the
allegations in this case.”
“In this respect, SERAP wishes to pose the following questions to your
Lordship and the NJC: First, is it correct to suggest that Justice Okoro
reported to you and the NJC on 1st February, 2016 his alleged meeting at
his official residence with Mr Rotimi Amaechi? Was Justice Okoro’s report
documented by your Lordship and the NJC? If so, Nigerians would like to
hear from your Lordship and the NJC whether Justice Okoro’s report was
ever discussed, and what action, if any, was taken by your Lordship and
the NJC to respond to the allegations raised in his report?”
“Second, is it fair to suggest that your Lordship and the NJC knew, or had
reason to know, that the alleged visit by Mr Amaechi to Justice Okoro’s
official residence would constitute a case of political interference in
the judicial system and a corruption offence under Nigerian laws and the
UN Convention against Corruption to which Nigeria is a state party?”
“Third, after the alleged visit was brought to the attention of your
Lordship and the NJC, did your Lordship and the NJC take any step to
promptly and thoroughly investigate the matter further? Fourth, would your
Lordship and the NJC agree that the alleged visit to Justice Okoro’s
official residence to discuss election Appeals has seriously undermined
the public trust and confidence in the judiciary, and the image of the
judiciary as the last hope of the common man?”
“Fifth, is it correct to suggest that it is part of the inherent and
implicit constitutional duties of the NJC to ensure that the judiciary as
a whole does not lay itself open to the risk of political interference,
manipulation and coercion to act in a certain way? Is it also correct to
suggest that such duties require the NJC to promptly and thoroughly
investigate allegations of political interference in the judicial system,
that is, when those in political power allegedly use their influence to
force or induce judges to act and rule according to their interests and
not in accordance with the application of the law?”
“Sixth, would your Lordship and the NJC accept that the alleged visit by
Mr Amaechi to the official residence of Justice Okoro to allegedly discuss
election Appeals was motivated, facilitated and encouraged by the apparent
failure by the NJC to ensure, as part of its inherent and implicit
constitutional duties: (1) that system was in place to ensure prompt and
thorough investigation of allegations of political interference in the
judicial system and where there is prima facie evidence, to refer such
allegations to appropriate anticorruption commissions and agencies for
further investigation and possible prosecution, in strict accordance with
the standards of national laws and international law including the UN
Convention against Corruption; (2) that any such system was operating in a
continuous and effective manner?”
“Seventh, would your Lordship and the NJC proceed to establish a system to
ensure prompt and thorough investigation of allegations of political
interference in the judicial system, and then ensure that through such
system the alleged visit of Mr Amaechi to Justice Okoro’s official
residence is promptly and thoroughly investigated by the NJC, and where
there is prima facie evidence of political interference, that the matter
is promptly referred to appropriate anticorruption commissions and
agencies for further investigation and possible prosecution?”
“Nigerians are eagerly awaiting clarifications from your Lordship and the
NJC on the issues raised above.”
“According to reports, Justice Okoro in his recent letter to your Lordship
stated that he reported to you the alleged visit by Mr Amaechi to his
official residence to allegedly discuss how to win election Appeals in
respect of Rivers State, Akwa Ibom State and Abia State. Justice Okoro
also said that he told your Lordship about the visit of Mr. Umana Umana to
his residence to allegedly make the same request of assistance to win the
appeal at the Supreme Court.”