SAN FRANCISCO, October 23, (THEWILL) – Justice Mahmud Mohammed, Chief Justice of Nigeria (CJN), has described the recent sting operations carried out by the Department of State Security (DSS) on some judges as an assault on the independence of the Judiciary.
Justice Mohammed, who will be retiring in about three weeks, was reiterating the position of the National Judicial Council (NJC) which kicked against the raid and insisted that the judges should not be suspended.
Mohammed, in a statement issued by his Senior Special Assistant, H. S. Sa’eed, explained that the judicial arm is not in any way at war with the executive and legislative arms, saying it is a misunderstanding between the NJC and the DSS.
“Under the powers provided by the 1999 Constitution of the Federal Republic of Nigeria (as amended) and as the Head of the Third Arm of Government, the, the Chief Justice of Nigeria and Chairman National Judicial Council, Justice Mahmud Mohammed, GCON is calling on all Nigerians to continue to have faith and full confidence in the Nigerian Judiciary,” the statement read.
“The Chief Justice of Nigeria (Hon. CJN) is indeed deeply concerned by the rising antagonism over the recent arrest of our Judicial Officers and other issues pertaining thereto. “Furthermore, it must be reiterated that the current misunderstanding is only between the National Judicial Council (NJC), which was established by the Constitution and the Directorate of the State Security (DSS), in the Presidency.
“Hence, we must emphasise that the Judiciary continues to maintain cordial relations with the other arms of government, that is, the Executive and the National Assembly.
“The CJN reiterates that the Nigerian Judiciary, as an Arm of the Government of the Federal Republic of Nigeria, is not a party in this matter, nor is the Nigerian Judiciary on trial. “On the call by President of the Nigerian Bar, A. B. Mahmoud, SAN, to suspend Judicial Officers whose residences were invaded and who were subsequently arrested and detained by the DSS, we believe that the call was unnecessary and hasty as the said Judicial Officers are still being investigated by the DSS.
“Furthermore, the DSS is yet to forward any complaint or any official communication regarding the seven Judicial Officers to the National Judicial Council.
“Indeed, some of the affected Judicial Officers have already been investigated by the NJC, which found some culpable and recommended their removal from office by dismissal or retirement to the President and respective Governors as provided under the Constitution.
“While some are still being investigated by the NJC, in respect of others, no complaint against them has been received by the NJC whose powers to suspend must be exercised in accordance with the provisions of the Constitution establishing it.
“The National Judicial Council is currently investigating the various complaints made against a number of Judicial Officers. As soon as such investigations are completed, appropriate recommendations will be made to the President or Governors, as the case may be, who will have the final say on the fate of the affected Judicial Officers who could then be charged for the offences disclosed from the facts against them and be prosecuted if necessary.
“The Chief Justice of Nigeria also wishes to state in clear terms that the ‘sting’ operations carried out by the DSS on 07 and 08 October 2016 was certainly an assault on the independence of the Nigerian Judiciary.”
Story by Oputah David
