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NBA’s Advice to Suspend Judges Before Investigation


The National Judicial Council (NJC) has strongly rejected the recent call by the Nigerian Bar Association (NBA) that judges recently arrested by the operatives of the Department of State Security Services (DSS) be asked to step aside from performing their judicial functions as judges pending full investigation of the allegations made against them by the security agency and possible trial.

In a statement issued yesterday and signed by the council’s Acting Director of Information, Mr Soji Oye, NJC said the position taken by the NBA was unacceptable and unconstitutional.



The National Judicial Council (NJC) has strongly rejected the recent call by the Nigerian Bar Association (NBA) that judges recently arrested by the operatives of the Department of State Security Services (DSS) be asked to step aside from performing their judicial functions as judges pending full investigation of the allegations made against them by the security agency and possible trial.

In a statement issued yesterday and signed by the council’s Acting Director of Information, Mr Soji Oye, NJC said the position taken by the NBA was unacceptable and unconstitutional.NJC said that suspending judges pending investigation would amount to a breach of its regulations.

The council said: “Thus, the current position of the Nigerian Bar Association vis-à-vis its recommendation that the affected judicial officers involved in the on-going investigation of judicial officers by the DSS, be requested to proceed on compulsory leave until the conclusion of all disciplinary proceedings against them, is unacceptable to the NJC; as it breaches the 2014 Revised Judicial Discipline Regulations formulated by NJC pursuant to Section 160 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

NJC also maintained its position that to do what the NBA asked for was to surrender its authority to another institution which would be contrary to the provisions of the constitution.

The council said: “It is to be reiterated also that by the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, NJC shall not be subject to the direction or control of any other authority or person while exercising its disciplinary power of control over Judicial Officers in the Federation.

“The members of the public are hereby informed that the mechanism that will determine a judicial officer to be directed or requested to proceed on compulsory leave or be suspended from office, is a disciplinary power that NJC can only exercise after initiating disciplinary proceeding on the complaint or petition forwarded against the Judge, after he has been found culpable.

“Therefore, to act on the recommendation of the NBA, is not only contrary to the provisions of Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, but means NJC will direct any judicial officer that has been petitioned even if the allegations contained therein are frivolous and baseless, to proceed on compulsory leave or be suspended from office without complying with the Rule of Law.”

“That is not the understanding of NJC of the intention of the framers of the 1999 constitution, as amended vis-à-vis its constitutional powers and functions on initiation of disciplinary proceedings culminating in suspension of Judicial Officers.
Readmoreat http://www.thisdaylive.com/index.php/2016/10/22/njc-nbas-advice-to-suspend-judges-before-investigation-unacceptable/

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