10 March, 2013

CORRUPTION IN THE JUDICIARY: FEAR GRIPS JUDGES AS NJC CONSIDERS FRESH CASES


. Council meets on March 13 . Slate petitions against two S’East judges for deliberation
Palpable fear has gripped some judges over possible sanctions by the National Judicial Council, NJC, Sunday Mirror authoritatively gathered over the weekend.
Exclusive findings from the NJC indicate that judges, especially those with pending petitions against them before the council, were losing sleep over the outcome of the cases, against the backdrop of the avowed determination of the Chairman of the NJC and Chief Justice of Nigeria, CJN, Justice Mariam Aloma Mukhtar, to rid the judiciary of corruption and associated vices.
Sunday Mirror learnt that more judges may be swept off by what a competent NJC source described as “Hurricane Mukhtar”.
Asked to name those judicial officers with pending queries, the dependable source, who chose to remain anonymous, said, “You know it’s not my practice to offer you such details, more so that council business is conducted with utmost diligence and a high sense of responsibility.”
When our correspondent prodded further, the source disclosed, albeit reluctantly, “To the best of my knowledge, there are yet-to-be determined petitions against a resourceful female judge and a male judge from the South- East.”
Meanwhile, NJC’s “Fact-Finding Committee” commissioned to investigate allegations against a Federal Capital Territory High Court, FCT, Judge, Justice AbubakarTalba, in respect of his January 28 judgement against a pension fund thief, was said to have held its inaugural sitting.
It will be recalled that the council had at its emergency meeting of February 20, set up a panel to probe Justice Talba’s decision to sentence Mr. John Yakubu Yusufu to two years imprisonment, with an option of fine of N750, 000.
Yusufu’s conviction bothered on an “illegal act” of stealing pension funds meant for police retirees. The convict specifically pleaded guilty to counts 18, 19 and 20, where he was alleged to have connived with others still standing trial to convert the sums of N24.2 billion, N1.3 billion and N1.7 billion respectively.
Interestingly, five days after, the highest judicial body recommended the compulsory retirement (alongside suspension) of Justices Charles Archibong of the Federal High Court, Lagos and Thomas Naron of the Plateau State judiciary, to President Goodluck Jonathan as well as Governor Jonah Jang of Plateau state, for sack.
A February 25 statement by NJC’s Acting Director of Information, Mr. Soji Oye read: “President Goodluck Ebele Jonathan, GCFR, has approved the compulsory retirement of Hon. Justice Charles Efanga Archibong of the Federal High Court, Lagos Division with immediate effect.
“The approval is sequel to the recommendation of the National Judicial Council at its Emergency Meeting which was held on Wednesday 20th February, 2013 under the Chairmanship of the Hon. Chief Justice of Nigeria, Hon. Justice Aloma Mariam Mukhtar, GCON.
“The President has also on the recommendation of the National Judicial Council, approved the extension of the appointment of the Acting President of the Court of Appeal, Hon. Justice Zainab Adamu Bulkachuwa, OFR, pursuant to the 1999 Constitution of the Federal Republic of Nigeria, as amended.”
According to the NJC, “Hon. Justice Archibong was recommended for compulsory retirement to President Goodluck Ebele Jonathan, GCFR, pursuant to the ‘findings” by the Council on the following complaints levelled against him:- “That the Judge dismissed the grievous charges against an accused without taking his plea.
“That he refused to release the certified true copy of his ruling to the lawyers. “That the Judge issued a bench warrant on some officials of Peoples Democratic Party for contempt even when the counsel who was directed by the court to serve them filed an affidavit that he had not been able to serve the contempt application.
“That he made unfounded and caustic remarks on professional competence of some Senior Advocates of Nigeria.
“That there were glaring procedural irregularities which showed that Hon. Justice Archibong did not have a full grasp of the law and procedure of the court; and “That he granted the leave sought for in the originating summons that had no written address of the parties and without hearing both parties in the originating summons after he had earlier on overruled the preliminary objection.”
Justifying the sack of Naron, the council revealed that, “Hon. Justice T. D. Naron of High Court of Justice, Plateau State, was recommended for compulsory retirement to Governor David Jonah Jang sequel to the ‘findings’ by the Council that there were constant and regular voice calls and exchange of mms and sms (text) messages between Hon. Justice Naron and one of the lead counsel for one of the parties to the suit in the Osun State Gubernatorial Election Tribunal, contrary to the Code of Conduct for judicial officers of the Federal Republic of Nigeria vide Section 292(1((b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”
Source: National Mirror

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