National Judicial Council has power of interim suspension

Two weeks ago, the Nigerian Bar Association
had cause to condemn the nocturnal raid on
the official quarters of seven judges
including two members of the Supreme
Court. But upon a further review of the
circumstances surrounding the arrest and
the large sums of money recovered from the
homes of some of the judges the Nigerian
Bar Association was compelled to request
them to recuse themselves until they have
been absolved of the allegations of judicial
corruption leveled against them. Curiously,
without allowing the judges affected to react
to the advice of the NBA the National Judicial
Council (NJC) has said that the judges would
not step aside until an investigation has been
conducted into the allegation of judicial
corruption leveled against them by the
Federal Government.
Meanwhile, notwithstanding the gravity of
the allegation of judicial corruption and the
far reaching implication for the image of the
nation’s judiciary the NJC has not deemed it
fit to institute any inquiry into the matter
because the SSS has not submitted any report
to it. Thus, the NJC has allowed the allegation
of judicial corruption to continue to hang
menacingly on the heads of the judges like a
sword of Damocles. However, the NJC has
held an emergency meeting to review the
arrest of the judges. In a communique issued
at the end of the meeting, the NJC
condemned the manner of the arrest without
denying the allegations of judicial corruption
leveled against the judges.
It is on record that each of the judges has
denied involvement in judicial corruption.
Apart from Justice Nnamdi Dimgba who has
categorically denied any involvement in
corrupt practices or misconduct others have
alleged that their ordeal is politically
motivated. In their own defense, the two
Justices alleged that two serving ministers
had met them to discuss pending appeals at
Supreme Court. One of the jurists even
suggested that the huge sums of money
seized by the SSS were planted in his house.
Before then, a judge in the federal high court
had said that he admitted and signed for the
millions of Naira and foreign currencies
recovered from his residence under duress.
If the NJC had treated this national crisis
with the urgency required it should have
investigated the matter based on the
avalanche of materials placed before it.
Interestingly, the NJC had handled a similar
complaint of judicial corruption about a
decade ago. That was in 2006 when it was
alleged that the members of the Akwa Ibom
governorship election petition tribunal had
received bribes to pervert Justice. Without
prejudice to the innocence of the judges the
NJC suspended them and requested the
Director-General of the SSS to conduct a
discreet investigation into the allegation.
Upon the receipt of the report of the
investigation, it was found that each of the
members of the tribunal had received a bribe
of N10 million while a judge of the federal
high court had acted as a conduit pipe in the
scandal. At that stage, the judges were
confronted with the allegations. As their
defense was found unsatisfactory, the NJC
recommended their removal from the bench.
Furthermore, the NJC referred the matter to
the Independent and Corrupt Practices and
Other Offences Commission. One of the
indicted judges collapsed and died when the
ICPC operatives wanted to arrest him in his
house in Makurdi, Benue State!
Last year, the Judicial of Ghana found itself
in a more embarrassing situation than ours.
Since the bar and the bench had paid lip
service to the nagging crisis of judicial
corruption an investigative journalist, Anas
Arameyaw Anas recorded several judges on
tape while they were busy negotiating bribes
of various sums. The Judicial Council under
the Chief Justice of Ghana, Lady Regina Wood
moved speedily to douse the tension in that
country. The 22 judges who were recognized
in the video were immediately placed on
suspension. They were later investigated and
dismissed from the bench. Before then, the
Acting Chief Justice of The Gambia, Justice
Joseph Wowo, a Nigerian, was caught in a
video demanding a bribe of 2.5 million
Dalasis to pervert justice in a land matter.
Following the demand for his prosecution by
the Gambian Bar Association the judge
quietly resigned as the Acting Chief Justice
and disappeared from The Gambia. He was
later dismissed in absentia by President
Yayah Jammeh.
Given the foregoing, the NJC ought to
commence an investigation into the serious
allegation of judicial corruption leveled
against the embattled judges without any
further delay. Having regard to the
embarrassing disclosures in the letters
addressed to the Chief Justice by the judges
the NJC should follow the advice of the
Nigerian Bar Association by placing them on
suspension pending the conclusion of full-
scale investigation in line with section 2.2.3
of the National Judicial Policy of the National
Judicial Council which stipulates that the
Council shall have the “powers of interim
suspension”. However, both the NJC and the
NBA should demand a public apology for
Justice Nnamdi Dimgba as the SSS has not
been able to link him with any corrupt
practice or misconduct whatsoever.