“DSS Lied Against Us, Judges” – National Judicial Council (Read Full Statement)

The National Judicial Council reacted to the raid by the DSS on the homes of some judges and their arrest late on Thursday night.

Read the full statement below:

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)

At its last Emergency Meeting which was held on 11th October, 2016, Council decided among other matters, as follows:

That the National Judicial Council is a creation, by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, with its powers specified in Paragraph 21 of Part One of the Third Schedule whereof.

That by virtue of Section 160 of the 1999 Constitution, Council fashioned out:
Judicial Discipline Regulations;

ii) Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record;

iii) Code of Conduct for Judicial Officers of the Federal Republic of Nigeria; and
iv) National Judicial Policy
to inter-alia, regulate its own procedure while exercising its Constitutional Powers.

3. That Section 158 (1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has unequivocally provided for the independence of the National Judicial Council vis-à-vis directing or controlling it by any authority or person while exercising its powers.

4. Reiterated its absolute confidence in President Muhammadu Buhari Administration and its unwavering determination to uphold the Principles of Democracy, Separation of Powers and the Rule of Law enshrined in the 1999 Constitution of the Federal Republic of Nigeria, as amended and the United Nations Charter, which Nigeria is a Member.

5. That it shall continue to support the President Buhari Administration in its fight against corruption in all its ramifications in the Federation; and in cleansing the Judiciary of corrupt Judicial Officers.

6. However, expresses its grave concern on the recent invasion of the Residences and arrest of some serving and suspended Judicial Officers by the Department of State Services (“DSS”); and condemned the action in its entirety.

7. Viewed the action as a threat to the Independence of the Judiciary, which portends great danger to our democracy; and also considered the action as a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the Judiciary.

BACKGROUND FACTS

8.1 RE: HON. JUSTICE SYLVESTER NGWUTA

The Public is aware that Hon. Justice Sylvester Ngwuta, a Justice of the Supreme Court of Nigeria, was arrested after his House was invaded by heavily armed and masked operatives of the Department of States Security on Friday 7th October, 2016. The operatives did not leave his house until 12.00 noon of the following day, when he was whisked away to the (“DSS”) office.

8.2 RE: HON. JUSTICE INYANG OKORO

The Residence of Hon. Justice Inyang Okoro, a Justice of Supreme Court of Nigeria, was raided in the same manner and was arrested by the same operatives of the DSS.

Contrary to the claim by the DSS and as published in the electronic and print media, Council has never received any petition against the aforesaid Judicial Officers: Hon. Justices Ngwuta and Okoro of the Supreme Court of Nigeria, by the DSS.

8.3 RE: HON. JUSTICE MUHAMMED LADAN TSAMIYA OF THE COURT OF APPEAL

At its Meeting which was held on 29th September, 2016, Council had found His Lordship culpable of professional misconduct contrary to Code of Conduct for Judicial Officers of the Federal Republic of Nigeria and the provisions of Section 292 of 1999 Constitution of Federal Republic of Nigeria. Accordingly, he was recommended to Mr President for compulsory retirement from office following the petition written by one Mr Nnamdi Iro Oji for demanding the sum of N200,000,000.00 (Two Hundred Million Naira) bribe. It is to be stressed that from the evidence before the Council, Hon. Justice Ladan Tsamiya did not receive N200m bribe. The Petitioner adduced evidence to support his allegation that Hon. Justice Tsamiya only demanded for the money.

In the exercise of its power, Council had suspended Justice Tsamiya from office, pending when the President will act on the recommendation. And Mr. President has approved the recommendation of the Council and compulsorily retired His Lordship from office yesterday, the 12th day of October, 2016.

8.4. RE: HON. JUSTICE I. A. UMEZULIKE, OFR

Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State, was recommended for compulsory retirement from office to Enugu State Governor for gross misconduct, pursuant to the petition written against him by Mr. Peter Eze.

In the meantime, National Judicial Council has suspended His Lordship from office pending when the Governor of Enugu State will act on its recommendation.

8.5. RE: HON. JUSTICE A. F. A. ADEMOLA, OF THE FEDERAL HIGH COURT

Hon. Justice A. F. A. Ademola of the Federal High Court, Abuja Division has been petitioned by Hon. Jenkins Duviegiane Gwebe on allegations bordering on corrupt practices.
Currently, a Committee of the Council is investigating the allegations.
There is no other petition against Hon. Justice Ademola from DSS pending at the National Judicial Council.

8.6. RE: HON. JUSTICE KABIRU AUTA, KANO STATE HIGH COURT

Hon. Justice Kabiru Auta was investigated by Council based on allegations of corrupt practices levelled against him in a petition forwarded to Council by one Alhaji Kabiru Yakassai. His Lordship was recommended to the Governor of Kano State for removal from office by dismissal. Council wrote separately to the AIG Kano Zone 1, for Police to prosecute Hon. Justice Auta.

Council has suspended His Lordship from office pending when the Governor will act on its recommendation.

8.7 RE: HON. JUSTICE MUAZU PINDIGA OF HIGH COURT, GOMBE STATE

The DSS petitioned the Hon. Chief Justice of Nigeria and Chairman of the National Judicial Council alleging corrupt practices against Hon. Justice Pindiga, inter-alia:-

“i) That the Hon. Judge in a bid to illegally enrich himself, perfected plans through third party proxies/conduits, with a view to influencing the outcome of the Election Tribunal in the governorship polls in favour of the incumbent Governor Nyesom Wike.

ii) That further ongoing discreet investigation, Justice Pindiga is observed to have illegally enriched himself through corrupt means. Part of the illegitimate proceeds suspected to have accrued to Pindiga includes the underlisted:
a) Two (2) completed blocks of six (6) units 2 bedroom flats in Federal Low Cost Estate in Gombe metropolis;
b) Four (4) units of bungalow in another part of the Estate;
c) An uncompleted property at GRA in Gombe Metropolis;
d) a Mercedes Benz C300 car in the name of MUBAJJAL;
e) A Toyota Venza-Model SUV.

iii) From all indications, it is apparent that Pindiga, who is a very Senior Justice in Gombe State, is highly corrupt. His continuous stay as a Justice in any capacity would likely embarrass the current administration and pervert the cause of justice. In view of the foregoing, it is strongly advised that immediate necessary administrative and judicial measures be taken on him, including appropriate sanctions and trial to set a precedent to others of his like”.

The complaint containing the allegations of corrupt practices against the Hon. Judge were conveyed in a letter Ref No. DGSS71/3161 and dated 26th February, 2016, written by the DSS to the Hon. Chief Justice of Nigeria and Chairman of the National Judicial Council. The petition was not supported by a verifying affidavit deposed to by the DSS, as required by the National Judicial Council Discipline Regulations 2014. The Petition should have been disregarded for non-compliance with the National Judicial Council Regulations, but by letter Ref. No. NJC/S.15/HC.GM/5/1/128 dated 19th April, 2016, the DSS was notified and requested to comply and to depose to a verifying affidavit in support of the allegations of corrupt practices levelled against the Hon. Judge.
By letter Ref No. LSD.232/4/68 dated 6th May, 2016, to the Council, the DSS deposed to a verifying affidavit in respect of the allegations against Justice Pindiga.

On the directive of the Council, Hon. Justice Mu’azu Pindiga responded to the allegations against him by DSS. Thereafter, a Committee comprising Members of the Council investigated the allegations of corrupt practices.

Both Parties – The DSS and Hon. Justice Mu’azu Pindiga, together with their witnesses and counsel appeared before the Panel set up by Council in compliance with the National Judicial Discipline Regulations and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria as amended, on the Right to Fair Hearing.

The DSS was represented by a Director, S. U. Gambo, Esq. who is also a Legal Practitioner in the Department and Hon Justice Pindiga was represented by Joe Agi, SAN.

At the end of the investigation, the DSS could not substantiate any of the allegations of corrupt practices either by documentary or oral evidence against the Hon. Justice Pindiga.

Consequently, at its Meeting of 15th July, 2016, Council decided to exonerate Hon. Justice Pindiga of the allegations of corrupt practices levelled against him by DSS.

The Council’s decision was conveyed to Hon. Justice Pindiga in a letter Ref. No. NJC/HC.GM/5/1/132 of 9th August, 2016 and copied the DSS.



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