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NJC: Why we recalled judges accused of corruption


The National Judicial Council (NJC) says it decided to
recall the six judges accused of corruption because no
progress was being made in the investigation into the
allegations against them.

According to the council, most of the judges were yet
to be charged to court.

The NJC also said it is untrue that the judiciary was
not on board with the anti-corruption efforts of the
presidency as claimed by Itse Sagay, chairman,
presidential advisory committee against corruption
(PACAC).

Soji Oye, NJC spokesperson, in a statement, said that
the decision to recall the judges wasn’t reached
hastily.

Oye said the council had removed several of its officers
over corrupt practices since President Muhammadu
Buhari came into office.

He said the NJC would soon publish the list of judicial
officers that have been dismissed or compulsorily
retired by the president or governors based on its
recommendation.

“Contrary to the allegations by Professor Itse Sagay,
(SAN), Chairman, PACAC, that Judiciary took a hasty
decision to recall the Judges, and that it is not on
board with anti-graft war of the federal government,
the number of judicial officers that have been removed
from office for misconduct particularly for corrupt
practices since President Buhari administration came
on board, that has been made public by NJC in
October and November, 2016, speaks for itself in that
vein,” the statement read.

“Some of the judicial officers were removed from office
by dismissal or compulsory retirement by the President
or governors on the recommendation of the National
Judicial Council.

“While a number of the judicial officers were
reprimanded by Council in the exercise of its
Constitutional powers to exercise disciplinary control
over judges of superior courts of record in the
federation.

“But for suspension of the affected judicial officers
from office by NJC, they would have to date been still
performing their judicial duties.

“And these are officers that have been found culpable
of gross misconduct by National Judicial Council after
due process and diligent fact finding investigation by
Council based on the Rule of Law enshrined in the
1999 Constitution of Federal Republic of Nigeria, as
amended, NJC Judicial Discipline Regulations and
Code of Conduct for Judicial Officers of the Federal
Republic of Nigeria.

“The NJC will soon issue an advertorial on the
foregoing and list out the number of judicial officers
that have since April, 2000 when it held its inaugural
meeting to date, been dismissed or compulsorily
retired by the president or governors for gross
misconduct or corrupt practices, on its
recommendation; and also reprimanded by council by
suspension or warning/caution.

“Council is not oblivious of the fact that some major
stakeholders in the Judiciary and justice delivery
sector in conjunction with the Nigerian Bar
Association, met with the Honourable Attorney-
General of the Federation and anti-graft and security
agencies before the judicial officers were recalled, to
discuss the subject matter and in particular the fate of
the judicial officers that have not been charged and
arraigned.

“When no progress was made, the NJC, which is the
only constitutional institution empowered to exercise
disciplinary control over judicial officers for
misconduct, decided to recall the judicial officers.

“It is to be stressed that our criminal justice is also
predicated on accusatorial system and not
inquisitorial. Thus, every accused person is presumed
to be innocent until his guilt is proved beyond
reasonable doubt by the prosecution.”

TheCable

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