{"id":53882,"date":"2016-10-14T16:37:35","date_gmt":"2016-10-14T15:37:35","guid":{"rendered":"http:\/\/pointblanknews.com\/pbn\/?p=53882"},"modified":"2016-10-14T16:37:35","modified_gmt":"2016-10-14T15:37:35","slug":"position-national-judicial-council-recent-invasion-residences-arrest-judicial-officers-department-state-services-dss","status":"publish","type":"post","link":"https:\/\/pointblanknews.com\/pbn\/exclusive\/position-national-judicial-council-recent-invasion-residences-arrest-judicial-officers-department-state-services-dss\/","title":{"rendered":"The Position Of The National Judicial Council On The Recent Invasion Of The Residences And Arrest Of Judicial Officers By The Department Of State Services (DSS)"},"content":{"rendered":"

At its last Emergency Meeting which was held on \u00a0October\u00a011th\u00a02016,
\nCouncil decided among other matters, as follows:<\/p>\n

That the National Judicial Council is a creation, by virtue of Section 153
\nof the 1999 Constitution of the Federal Republic of Nigeria, as amended,
\nwith its powers specified in Paragraph 21 of Part One of the Third
\nSchedule whereof.
\nThat by virtue of Section 160 of the 1999 Constitution, Council fashioned
\nout:<\/p>\n

Judicial Discipline Regulations;<\/p>\n

ii)\u00a0\u00a0\u00a0\u00a0\u00a0 Revised NJC Guidelines and Procedural Rules for the\u00a0\u00a0 Appointment
\nof Judicial Officers of all Superior Courts of Record;<\/p>\n

iii)\u00a0\u00a0\u00a0\u00a0\u00a0 Code of Conduct for Judicial Officers of the Federal Republic of
\nNigeria; and<\/p>\n

iv)\u00a0\u00a0\u00a0 National Judicial Policy<\/p>\n

to inter-alia, regulate its own procedure while exercising its
\nConstitutional Powers.<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0 That Section 158 (1) of the 1999 Constitution of the Federal
\nRepublic of Nigeria, as amended, has unequivocally provided for the
\nindependence of the National Judicial Council vis-\u00e0-vis directing or
\ncontrolling it by any authority or person while exercising its powers.<\/p>\n

4.\u00a0\u00a0\u00a0\u00a0\u00a0 Reiterated its absolute confidence in President Muhammadu Buhari
\nAdministration and its unwavering determination to uphold the Principles
\nof Democracy, Separation of Powers and the Rule of Law enshrined in the
\n1999 Constitution of the Federal Republic of Nigeria, as amended and the
\nUnited Nations Charter, which Nigeria is a Member.<\/p>\n

5.\u00a0\u00a0\u00a0\u00a0\u00a0 That it shall continue to support the President Buhari
\nAdministration in its fight against corruption in all its ramifications in
\nthe Federation; and in cleansing the Judiciary of corrupt Judicial
\nOfficers.<\/p>\n

6.\u00a0\u00a0\u00a0\u00a0\u00a0 However, expresses its grave concern on the recent invasion of the
\nResidences and arrest of some serving and suspended Judicial Officers by
\nthe Department of State Services (\u201cDSS\u201d); and condemned the action in its
\nentirety.<\/p>\n

7.\u00a0\u00a0\u00a0\u00a0\u00a0 Viewed the action as a threat to the Independence of the
\nJudiciary, which portends great danger to our democracy; and also
\nconsidered the action as a clear attempt by the DSS to humiliate,
\nintimidate, denigrate and cow the Judiciary.<\/p>\n

BACKGROUND FACTS<\/p>\n

8.1\u00a0\u00a0\u00a0 RE: HON. JUSTICE SYLVESTER NGWUTA<\/p>\n

The Public is aware that Hon. Justice Sylvester Ngwuta, a Justice
\nof the Supreme Court of Nigeria, was arrested after his House was invaded
\nby heavily armed and masked operatives of the Department of States
\nSecurity on Friday 7th\u00a0October,2016. The operatives did not leave his
\nhouse until 12.00 noon<\/span><\/span> of the followingday,\u00a0when he\u00a0was whisked\u00a0away to
\nthe (\u201cDSS\u201d) office.<\/p>\n

8.2\u00a0\u00a0\u00a0 RE: HON. JUSTICE INYANG OKORO<\/p>\n

The Residence of Hon. Justice Inyang Okoro, a Justice of Supreme Court of
\nNigeria, was raided in the same manner and was arrested by the same
\noperatives of the DSS.<\/p>\n

Contrary to the claim by the DSS and as published in the
\nelectronic and print media, Council has never received any petition
\nagainst the aforesaid Judicial Officers: Hon. Justices Ngwuta and Okoro of
\nthe Supreme Court of Nigeria, by the DSS.<\/p>\n

8.3\u00a0\u00a0\u00a0 RE: HON. JUSTICE MUHAMMED LADAN\u00a0TSAMIYA\u00a0OF THE COURT OF APPEAL<\/p>\n

At its Meeting which was held on 29thSeptember,\u00a02016, Council had found
\nHis Lordship culpable of professional misconduct contrary to Code of
\nConduct for Judicial Officers of the Federal Republic of Nigeria and the
\nprovisions of Section 292 of 1999 Constitution of Federal Republic of
\nNigeria. Accordingly, he was recommended to\u00a0Mr\u00a0President for compulsory
\nretirement from office following the petition\u00a0written\u00a0by one\u00a0MrNnamdi Iro
\nOji for demanding the sum of N200,000,000.00 (Two Hundred Million Naira)
\nbribe.\u00a0 It is to be stressed that from the evidence before the Council,
\nHon. Justice Ladan Tsamiya did not receive N200m bribe.\u00a0 The Petitioner
\nadduced evidence to support his allegation that Hon.
\nJustice\u00a0Tsamiya\u00a0only\u00a0demanded forthe money.<\/p>\n

In the exercise of its power, Council had suspended Justice\u00a0Tsamiya\u00a0from
\noffice, pending when the President will act on the recommendation. And Mr.
\nPresident has approved the recommendation of the Council and compulsorily
\nretired His Lordship from office yesterday, the 12th day of\u00a0October,\u00a02016.<\/p>\n

8.4.\u00a0\u00a0 RE: HON. JUSTICE I. A. UMEZULIKE, OFR<\/p>\n

Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State, was
\nrecommended for compulsory retirement from office to Enugu State Governor
\nfor gross misconduct, pursuant to the petition written against him by Mr.
\nPeter Eze.<\/p>\n

In the meantime, National Judicial Council has suspended His
\nLordship from office pending when the Governor of Enugu State will act on
\nits recommendation.<\/p>\n

8.5.\u00a0\u00a0 RE: HON. JUSTICE A. F. A. ADEMOLA, OF THE FEDERAL HIGH COURT<\/p>\n

Hon. Justice A. F. A. Ademola of the Federal High Court, Abuja
\nDivision has been petitioned by Hon. Jenkins Duviegiane\u00a0Gwebe\u00a0on
\nallegations bordering on corrupt practices.<\/p>\n

Currently, a Committee of the Council is investigating the
\nallegations.<\/p>\n

There is no other petition against Hon. Justice Ademola from DSS
\npending at the National Judicial Council.<\/p>\n

8.6.\u00a0\u00a0 RE: HON. JUSTICE KABIRU AUTA, KANO STATE HIGH COURT<\/p>\n

Hon. Justice\u00a0Kabiru\u00a0Auta was investigated by Council based on
\nallegations of corrupt practices\u00a0levelledagainst him in a petition
\nforwarded to Council by one Alhaji Kabiru Yakassai. His Lordship was
\nrecommended to the Governor of Kano State for removal from office by
\ndismissal.\u00a0 Council wrote separately to the AIG Kano Zone 1, for Police to
\nprosecute Hon. Justice Auta.<\/p>\n

Council has suspended His Lordship from office pending when the Governor
\nwill act on its recommendation.<\/p>\n

8.7\u00a0\u00a0\u00a0 RE: HON. JUSTICE MUAZU PINDIGA OF HIGH COURT, GOMBE STATE<\/p>\n

The DSS petitioned the Hon. Chief Justice of Nigeria and Chairman of the
\nNational Judicial Council alleging corrupt practices against Hon. Justice
\nPindiga, inter-alia:-<\/p>\n

\u201ci)\u00a0\u00a0\u00a0\u00a0 That the Hon. Judge in a bid to illegally enrich himself,
\nperfected plans through\u00a0third party\u00a0proxies\/conduits, with a view to
\ninfluencing the outcome of the Election Tribunal in the governorship polls
\nin\u00a0favour\u00a0of the incumbent Governor Nyesom Wike.<\/p>\n

ii)\u00a0\u00a0\u00a0 That further ongoing discreet investigation, Justice Pindiga is
\nobserved to have illegally enriched himself through corrupt means. Part of
\nthe illegitimate proceeds suspected to have accrued to Pindiga includes
\nthe\u00a0underlisted:<\/p>\n

a)\u00a0\u00a0\u00a0\u00a0\u00a0 Two (2) completed blocks of six (6) units 2 bedroom flats in
\nFederal\u00a0Low CostEstate in Gombe metropolis;<\/p>\n

b)\u00a0\u00a0\u00a0\u00a0\u00a0 Four (4) units of bungalow in another part of the Estate;<\/p>\n

c)\u00a0\u00a0\u00a0\u00a0\u00a0 An uncompleted property at GRA in Gombe Metropolis;<\/p>\n

d)\u00a0\u00a0\u00a0\u00a0\u00a0 a Mercedes Benz C300 car in the name of MUBAJJAL;<\/p>\n

e)\u00a0\u00a0\u00a0\u00a0\u00a0 A Toyota Venza-Model SUV.<\/p>\n

iii)\u00a0\u00a0 From all indications, it is apparent that Pindiga, who is a very
\nSenior Justice in Gombe State, is highly corrupt. His continuous stay as a
\nJustice in any capacity would likely embarrass the current administration
\nand pervert the cause of justice. In view of the foregoing, it is strongly
\nadvised that immediate necessary administrative and judicial measures be
\ntaken on him, including appropriate sanctions and trial to set a precedent
\nto others of his like\u201d.<\/p>\n

The complaint containing the allegations of corrupt practices against the
\nHon. Judgewere\u00a0conveyed in a letter Ref No. DGSS71\/3161 and dated
\n26th\u00a0February,2016, written by the DSS to the Hon. Chief Justice of
\nNigeria and Chairman of the National Judicial Council.\u00a0 The petition was
\nnot supported by a verifying affidavit deposed to by the DSS, as required
\nby the National Judicial Council Discipline Regulations 2014. The Petition
\nshould have been disregarded for non-compliance with the National Judicial
\nCouncil Regulations, but by letter Ref. No. NJC\/S.15\/HC.GM\/5\/1\/128<\/a> dated
\n19th\u00a0April,2016, the DSS was notified and requested to comply and to
\ndepose to a verifying affidavit in support of the allegations of corrupt
\npractices\u00a0levelled\u00a0against the Hon. Judge.<\/p>\n

By letter Ref No. LSD.232\/4\/68 dated 6thMay,\u00a02016, to the Council, the DSS
\ndeposed to a verifying affidavit in respect of the allegations against
\nJustice Pindiga.<\/p>\n

On the directive of the Council, Hon. Justice Mu\u2019azu Pindiga responded to
\nthe allegations against him by DSS.\u00a0 Thereafter, a Committee comprising
\nMembers of the Council investigated the allegations of corrupt practices.<\/p>\n

Both Parties – The DSS and Hon. Justice Mu\u2019azu Pindiga, together with
\ntheir witnesses and counsel appeared before the Panel set up by Council in
\ncompliance with the National Judicial Discipline Regulations and Section
\n36 of the 1999 Constitution of the Federal Republic of Nigeria as amended,
\non the Right to Fair Hearing.<\/p>\n

The DSS was represented by a Director, S. U. Gambo, Esq. who is also a
\nLegal Practitioner in the Department and Hon Justice Pindiga was
\nrepresented by Joe Agi, SAN.<\/p>\n

At the end of the investigation, the DSS could not substantiate any of the
\nallegations of corrupt practices either by documentary or oral evidence
\nagainst the Hon. Justice Pindiga.<\/p>\n

Consequently, at its Meeting of 15th\u00a0July,2016, Council decided to
\nexonerate Hon. Justice Pindiga of the allegations of corrupt
\npractices\u00a0levelled\u00a0against him by DSS.<\/p>\n

The Council\u2019s decision was conveyed to Hon. Justice Pindiga in a letter
\nRef. No. NJC\/HC.GM\/5\/1\/132<\/a> of 9th\u00a0August,\u00a02016 and copied the DSS.<\/p>\n

8.8.\u00a0\u00a0 RE: HON. JUSTICE NNAMDI DIMGBA OF FEDERAL HIGH COURT ABUJA DIVISION<\/p>\n

Council is aware that DSS had written a complaint alleging corrupt
\npractices and professional misconduct against Hon. Justice Dimgba by a
\nletter Ref. No. LSD.158\/2\/31 dated 5th\u00a0August,\u00a02016.<\/p>\n

At its Meeting of 29th\u00a0September,\u00a02016, Council constituted a Fact Finding
\nCommittee comprising its Members to investigate the allegation.<\/p>\n

During the last Emergency Meeting of the Council, it received a Report
\nfrom Hon. Justice Nnamdi Dimgba that his Residence was also raided and
\nransacked; and in the process, his nephew and driver were man-handled,
\nusing a wrong search warrant which was not meant for the search of his
\nhouse.<\/p>\n

The Committee has commenced the process of investigating the allegations
\nbefore the recent unfortunate raid and search of Hon.
\nJustice\u00a0Dimgba\u2019s\u00a0Residence.<\/p>\n

9.\u00a0\u00a0\u00a0\u00a0\u00a0 Council meticulously considered the entire unfolding events that
\nled to the arrest of the Judicial Officers and the misinformation and
\ndisinformation making rounds in both Electronic and Print Media that the
\nDSS acted thus because the National Judicial Council was shielding the
\nJudicial Officers from investigation and prosecution for corrupt practices
\nand professional misconduct.<\/p>\n

10.\u00a0\u00a0\u00a0 Council noted particularly, that from the available records, the
\nDSS forwarded only two(2 no.) separate complaints containing allegations
\nof Corrupt Practices against Hon. Justice Pindiga; and corrupt practices
\nand professional misconduct against Hon. Justice Dimgba.<\/p>\n

11.\u00a0\u00a0\u00a0 The impression created and widely circulated before the public,
\nthat the DSS forwarded a number of petitions containing various
\nallegations of corrupt practices and professional misconduct against some
\nJudicial Officers to the Council, and they were not investigated, is not
\ncorrect.\u00a0 The Council urges the DSS to make public the particulars of such
\npetitions to put the records straight.<\/p>\n

12.\u00a0\u00a0\u00a0 Given the above background facts, on behalf of the Judiciary,
\nCouncil is constrained to inform the general public that all petitions and
\ncomplaints forwarded against Judicial Officers bordering on corrupt
\npractices and professional misconduct, have been attended to and
\ninvestigated, where applicable, by Council since\u00a0year\u00a02000 to date, within
\nthe powers conferred on it by the 1999 Constitution of the Federal
\nRepublic of Nigeria as amended.<\/p>\n

13.\u00a0\u00a0\u00a0 Therefore, any Judicial Officer that was reprimanded by Council or
\nrecommended for removal from office by compulsory retirement or dismissal
\nto the President or Governor, was done in compliance with the
\nConstitutional power, Rule of Law and Due Process.<\/p>\n

14.\u00a0\u00a0\u00a0 From\u00a0year\u00a02000, when the National Judicial Council held its
\ninaugural Meeting to 2016, 1808 petitions and complaints against Judicial
\nOfficers, including Chief Justices of Nigeria, Justices of Supreme Court
\nand Court of Appeal were received by the respective Honourable, the Chief
\nJustices of Nigeria and Chairman of the National Judicial Council.
\nEighty-two (82 No.) of the Judicial Officers were reprimanded (suspension,
\ncaution or warning), by Council, in the exercise of its exclusive
\nConstitutional Disciplinary power over Judicial Officers. Thirty-eight (38
\nNo.) of the Judicial Officers were recommended to the President or
\nGovernor where applicable, for compulsory retirement from office; while
\ntwelve (12 No.) were recommended to the President or Governor as the case
\nmay be, for dismissal from office.<\/p>\n

In conclusion, Council wishes to state as follows:-<\/p>\n

That it maintains its earlier decision that no Judicial Officer shall be
\ninvited by any Institution including the DSS, without complying with the
\nRule of Law and Due Process.\u00a0 That explains why when the DSS wrote to the
\nCouncil by letter Ref. No. LSC.960\/4 dated 14th\u00a0September,\u00a02016, to direct
\nHon. Justice Mu\u2019azu Pindiga to appear before it, The Hon. The Chief
\nJustice of Nigeria and Chairman of the National Judicial Council directed
\nthe Hon. Chief Judge of Gombe State to ask Hon. Justice Mu\u2019azu Pindiga to
\nreport to DSS, which His Lordship did.
\nThat the National Judicial Council has never shielded nor will it shield
\nany Judicial Officer who has committed any misconduct.<\/p>\n

3)\u00a0\u00a0\u00a0\u00a0\u00a0 That the Department of State Services is an Agency in the
\nPresidency and its functions as specified in the statute establishing it,
\nis primarily concerned with the internal security of the Country.<\/p>\n

4)\u00a0\u00a0\u00a0\u00a0\u00a0 That the action of the DSS is a denigration of the entire
\nJudiciary, as an institution.<\/p>\n

5)\u00a0\u00a0\u00a0\u00a0\u00a0 That by the act of the DSS, Judicial Officers are now being
\nsubjected to insecurity, as criminals might take advantage of the recent
\nincidents to invade their residences under the guise of being security
\nagents.<\/p>\n

6) \u00a0\u00a0\u00a0\u00a0 The Council vehemently denounces a situation whereby the Psyche of
\nJudicial Officers in the Federation is subjected to a level where they
\nwould be afraid to discharge their Constitutional judicial functions,
\nwithout fear or\u00a0favour, intimidation, victimization or suppression.<\/p>\n

7)\u00a0\u00a0\u00a0\u00a0\u00a0 The Council will not compromise the integrity and impartiality of
\nthe Judiciary.<\/p>\n

8)\u00a0\u00a0\u00a0\u00a0\u00a0 The Council wishes to reassure the public that any person who has
\na genuine complaint against any Judicial Officer is at liberty to bring it
\nup to the Council for consideration, after following due process vide its
\nJudicial Discipline Regulations.<\/p>\n

9)\u00a0\u00a0\u00a0\u00a0\u00a0 At the end of the Meeting, Council unanimously agreed to recommend
\nHon. Justice W. S. N. Onnoghen, CFR, as the most senior, suitable and
\ncompetent Justice of the Supreme Court to President Muhammadu Buhari,
\nGCFR, for appointment as the next Chief Justice of Nigeria to succeed Hon.
\nJustice Mahmud Mohammed GCON who retires from office on
\n10th\u00a0November,\u00a02016<\/span><\/span>.<\/p>\n

Soji Oye, Esq<\/p>\n

Ag. Director (Information)<\/p>\n","protected":false},"excerpt":{"rendered":"

At its last Emergency Meeting which was held on \u00a0October\u00a011th\u00a02016, Council decided among other matters, as follows: That the National Judicial Council is a creation, by virtue of Section 153…<\/p>\n","protected":false},"author":1,"featured_media":53784,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-53882","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\nThe Position Of The National Judicial Council On The Recent Invasion Of The Residences And Arrest Of Judicial Officers By The Department Of State Services (DSS) - Pointblank News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/pointblanknews.com\/pbn\/exclusive\/position-national-judicial-council-recent-invasion-residences-arrest-judicial-officers-department-state-services-dss\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Position Of The National Judicial Council On The Recent Invasion Of The Residences And Arrest Of Judicial Officers By The Department Of State Services (DSS) - 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