THE RECALL OF JUSTICES RAISES DUST
The recall of six suspended judges by the National Judicial Council NJC has again pitted the third arm of government against the executive. The judges who were suspended about eight months ago, were on June 7 asked by the NJC to resume duties following an alleged Federal Government's inability to initiate any criminal charges against them.
NJC's decision followed an outcome of a meeting held to review the suspension of the judges after a raid of their residence by the Department of State Services (DSS). The NJC, however, noted that of the eight suspended judicial officers, only three have been charged to court.
At its 82nd Meeting on May 31th and June 1st while considering the case of the eight judicial officers who were directed to recuse themselves from duties following corruption allegations against them, the NJC said that their recall was for equity, justice and in accordance with the rule of law since no criminal charge was brought against them by the Federal Government, which accused them of corruption.
Three of the eight charged are Justice Sylvester Ngwuta of the Supreme Court, Justice Adeniyi Ademola of the Federal High Court and Justice Rita Ofili-Ajumogobia of the Federal High Court.
Of the three judges charged, NJC noted that only the trial of Justice Ademola had been concluded and discharged and acquitted of the charges filed against him.
In view of this, the NJC decided that the various heads of court should direct the other judicial officers to resume duty, as there were backlogs of cases in their various courts for the past eight months.
The judges recalled by the Council are Justices Ademola, John Okoro of the Supreme Court and Uwani Aji of the Court of Appeal.
Others include Justices Hydiazira Nganjiwa of the Federal High Court, Musa Kurya of the Federal High Court and Agbadu Fishim of the National Industrial Court.
But the NJC's position on the recalled judges has, again, raised the contentious issue of independence of the judiciary.
Although the NJC is a credible constitutional institution empowered to exercise disciplinary control over judicial officers for misconduct, its power to discipline its officers on any act of misconduct is still being encumbered by the executive interference as reflected in the Federal Government's tackling of NJC on why it recalled the judges.
For instance, the Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay, said "it is absolutely wrong to recall a judge whose case is on-going."
Sagay was echoed by Special Assistant to President Muhammadu Buhari on Prosecution, Okoi Obono-Obla, who said: "Why will NJC constitute itself into a Court of Appeal? It is unprofessional and unethical for NJC to talk about that appeal, giving the impression that the appeal is no longer valid.