NJC probe: MTN, others provided call logs – NSA, SSS •Confusion over NJC boss’s tenure

CONTRARY to reports in a section of the media, Nigerian Tribune can authoritatively reveal that the call logs tendered as exhibits in the probe of

alleged rot in the judiciary by the National Judicial Council (NJC) panel were obtained by the security agencies from telecommunications firms; MTN, Airtel and Etisalat.

The five-man panel investigating the President of the Court of Appeal, Justice Ayo Isa Salami and other justices of the court over the controversial governorship appeal judgments in Osun and Ekiti states concluded sitting last Thursday with MTN’s Senior Manager (Corporate Legal Services), Mr Rotimi Odusola, testifying before the Justice Umaru Abdullahi panel.

Different versions of his testimony in camera had been reported by the media, with a section reporting that he disowned the call logs, while a particular medium went ahead to report that the National Security Adviser (NSA), who testified about a month ago, was also at the proceedings last week.

Nigerian Tribune is now in possession of documents showing that MTN released the call logs of Salami and others to the NSA and the Department of State Service (SSS), which subsequently turned them over to the NJC panel.

In a correspondence to the NJC panel, dated May 6, 2011, with Reference No S/1495/1407 and addressed to the NJC Director of Administration, E.I Odukwu, SSS disclosed that the call logs being forwarded to the panel was obtained from MTN and other telecommunications outfits.

The letter, entitled “RE-NJC INVESTIGATION COMMITTEE ON ALLEGATIONS LEVELLED AGAINST SOME JUSTICES OF THE COURT OF APPEAL, read: “Your letter NJC/6/3/08/1/0105 of 14th April, 2011 on the above subject matter refers.

“I am directed to forward the attached Call Data Records as provided by MTN, Airtel and Etisalat. Globacom is yet to respond to the request.

Respectfully forwarded for your attention. Please.”

It was signed by G. Daniel on behalf of the Service Director-General.

The correspondence to the same Adukwu by the NSA was signed on behalf of the NSA, General Andrew Owoye Azazi, by T.N. Onyia, who later testified before the panel about a month ago, where he confirmed the authenticity of the call logs.

His letter to the panel, with reference No NSA/A/221/I, was dated May 5, 2011 and entitled NJC INVESTIGATION COMMITTEE ON ALLEGATIONS LEVELLED AGAINST SOME JUSTICES.

It read: Ä. Reference NJC/18/I/14/1/0718 dated April 15, 2011. The call logs as you requested vide Reference A are contained in the enclosed memory stick. The logs are in the folders of each network.
“2. However, call logs of these Airtel lines-08023043341 and 08020005015 are still being processed and will be forwarded to you as soon as they are received. In addition, the supposed MTN line-0803402700 is not a valid telephone number, as it is made up of ten digits instead of eleven (11).
“Enlosure: Memory stick.”
MTN, in one of its numerous responses to the security agencies, had provided call logs with cover letter bearing reference number CR:3000/LS/AG/ V.14/81 dated February 1, 2011.

It was signed by MTN’s Commercial Legal Department, entitled: RE: REQUEST FOR INFORMATION ON NUMBERS 08034004887 AND 08034010700.

Salami had confirmed his ownership of 08034004887, while Tunji Ijaya, in a suit filed by him on the controversial communication, had confirmed that he registered 08034010700 for his use.

Confusion over NJC boss tenure
Who determines the tenure of the administrative head and Secretary of the National Judicial Council (NJC)?

That is a question for which President Goodluck Jonathan would have to provide an answer, following a petition addressed to him by a group, Coalition of Concerned Judicial Cadres, over the service status of the secretary to the NJC, who doubles as the administrative head, Danladi Halilu and his retirement date from the service.

Bello, whose position is an equivalent of a Permanent Secretary, is reportedly spending his 10th year in office, contrary to the standing civil service rule that prescribed maximum of eight years.

Though serving in the judicial system, occupants of his office were reportedly not regarded as judicial officers but civil servants working in the judiciary, which put him under the civil service rules.

Spokesperson for the council, Soji Oye, while responding to the Nigerian Tribune’s inquiry by telephone, claimed that his boss was not a civil servant and, therefore, the two-term of four years each operational in the core civil service could not apply to him.

While concurring that his boss was a permanent secretary and on his 10th year in office, he was insistent that his tenure had not been fixed by the decision of the Federal Government on the tenure of permanent secretaries and directors in the public service.

A document sourced by the Nigerian Tribune, however, contradicted Oye’s claim, because the office of his boss was listed as one of those affected by the maximum eight years for permanent secretaries.
A circular dated August 26, 2010 from the office of the Head of Civil Service of the Federation listed the secretary, NJC, as one of the positions affected by the operational tenure law.

It was listed as number 24, while the office of the Chief Registrar of the Supreme Court, also a Permanent Secretary equivalent, was listed Number 23.

With reference no HCSF/061/S.1/III/68, the circular entitled “Tenure of Office for Permanent Secretaries and Directors,” was signed by the immediate past Head of Service of the Federation, Mr Stephen Oronsaye.

In the petition to the president, signed by the trio of Al-hassan Baba-Mohammed, Osungbohun-olagbe Kayode and Okonkwo Julius, copies of which were sent to the National Assembly, Head of Civil Service of the Federation, among others, Jonathan’s intervention was sought to lay the controversy to rest.