Nigeria: Judicial Council Calls for Evidence on Corrupt Judges

Leadership (Abuja)

Ahuraka Yusuf Isah

11 March 2011

Abuja — The National Judicial Council (NJC) yesterday, challenged the chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega to prove his allegation that judges give frivolous ex-parte orders on electoral matters.

Worried by the plethora of injunctions issued by the courts against INEC and the anticipated consequences such orders might have in the conduct and final outcome of the April polls, Jega had written the NJC pleading with it to caution the judges that issue what he called frivolous injunctions.

Jega, in his letter to the NJC, had pointed out that there were about 132 cases against the commission, 70 of which were ex-parte.

However, the NJC in a statement signed by the secretary to the council, Barrister Danladi Halilu challenged the INEC boss or any other person who had complaints against any judicial officer to furnish it with details of such complaint.

The NJC statement read in part;”The council however, observed that no report, complaint or petition has been forwarded to it against any particular judicial officer involved in the granting of frivolous injunctions to enable the council to consider taking any appropriate disciplinary action against any judicial officer in that regard.

“It is on record that eight judicial officers who had granted frivolous ex-parte injunctions in the past were dismissed from service on the recommendation of the National Judicial Council.

“It is to be stressed that in the absence of any proof of misconduct against a judicial officer, council has no power to interfere with his judicial functions.

NJC also revealed it had deliberated on the various petitions written against the chief justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, the president, Court of Appeal, Justice Ayo Isa Salami and some justices of the court of appeal.

After considering all the petitions and the comments by the CJN and PCA and other Justices of the Court, Council constituted a Panel consisting of five members to investigate the allegations contained in the petitions.

The panel members are Justice Umaru Abdullahi, Justice Emmanuel Ayoola, Justice Pius Aderemi; Justice Akepiroroh and a retired woman Justice whose name is yet to be ascertained.

Council said it noted with concern the public comments and reactions the allegations generated.

Council adverted to the 1999 Constitution of the Federal Republic of Nigeria wherein the NJC was established as the body solely vested with powers, functions and responsibilities to recommend the appointment, removal and to exercise disciplinary control over all judicial officers in the federation.

This is even as INEC is grappling with how to implement a court decision reversing the order of elections. Earlier the commission had listed the presidential and parliamentary election as coming first, with state and local elections following. But the opposition Labor Party won a court order saying if the presidential election is held first, it would unfairly benefit the ruling PDP if its candidate, President Goodluck Jonathan, wins.

According to the reports from Voice of America News.com, the judiciary has a role in ensuring that elections are held according to the law.

Justice Ibrahim Auta of the Federal High Court had last week ruled in a suit brought before him by the Labour Party that the National Assembly has no constitutional right to give order of election.

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