DSS raid meant to intimidate, cow judiciary, NJC laments

The National Judicial Council, NJC has accused the Department of State Services, DSS, of trying to intimidate and cow the judiciary with the raid on the homes of judges last weekend.

The NJC, which condemned the raid and arrest of the judges, said the DSS action was a threat to the independence of the judicairy.

The council, in a statement issued by the Acting Director, Information, Mr. Soji Oye, late Thursday night, also accused the DSS of misinformation and disinformation.

According to the statement, the NJC at its emergency meeting, also nominated to President Muhammadu Buhari for appointment as the next Chief Justice of Nigeria, Justice Walter Onnoghen, to succeed the outgoing CJN, Justice Mahmud Mohamed, who retires on attaining 70 years of age on November 10, 2016.

While expressing support for the President Buhari administration’s fight against corruption and the cleansing of the judiciary, the council said it viewed with “grave concern” the events that led to the arrest of the judicial officers, a development it said was an “attempt by the DSS to humiliate, intimidate, denigrate and cow the judiciary.”

It also said that the the council maintains its earlier decision that no judicial officer shall be invited by any institution including the DSS, without complying with the rule of law and due process.

The statement reads “At its last Emergency Meeting which was held on 11th October, 2016, Council reiterated its absolute confidence in President Muhammadu Buhari administration and its unwavering determination to uphold the principles of democracy, separation of powers and the rule of law enshrined in the 1999 Constitution of the Federal Republic of Nigeria, as amended and the United Nations Charter, which Nigeria is a member.

“That it shall continue to support the President Buhari administration in its fight against corruption in all its ramifications in the Federation; and in cleansing the judiciary of corrupt judicial officers.

“However, council expresses its grave concern on the recent invasion of the residences and arrest of some serving and suspended judicial officers by the Department of State Services; and condemned the action in its entirety.

“Viewed the action as a threat to the independence of the judiciary, which portends great danger to our democracy; and also considered the action as a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the judiciary.”

The council also denied allegations that it was sheilding judges accused of corruption while saying claims by DSS that it failed to act on pettitions sent to it were false, adding it only received two pettitions from DSS with respect to judges whose homes were raided.

The council said it only received two petitions from the DSS against Justice Pindiga, who had been cleared by it, and another one against Justice Dimgba, who was still being investigated while the raid on his home was carried out, adding that the only pettition pending was the one against Justice Adeniyi Ademola that was sent to the council by one Mr. Jenkins Duviegiane Gwebe.

Read also: The lies DSS told to justify raid on judges

The statement reads further:”Contrary to the claim by the DSS and as published in the electronic and print media, Council has never received any petition against the aforesaid Judicial Officers: Hon. Justices Ngwuta and Okoro of the Supreme Court of Nigeria, by the DSS.”

On Justice Tsamiya, the NJC said: “At its meeting which was held on 29th September, 2016, Council had found His Lordship culpable of professional misconduct contrary to Code of Conduct for Judicial Officers of the Federal Republic of Nigeria and the provisions of Section 292 of 1999 Constitution of Federal Republic of Nigeria.

“Accordingly, he was recommended to Mr. President for compulsory retirement from office following the petition written by one Mr.Nnamdi Iro Oji for demanding N200m bribe.

“It is to be stressed that from the evidence before the Council, Hon. Justice Ladan Tsamiya did not receive N200m bribe. The petitioner adduced evidence to support his allegation that Hon. Justice Tsamiya only demanded for the money.

“In the exercise of its power, Council had suspended Justice Tsamiya from office, pending when the President will act on the recommendation.”

On the former Chief Judge of Enugu State, the council said, he had been recommended for compulsory retirement from office to Enugu State Governor “for gross misconduct, pursuant to the petition written against him by Mr. Peter Eze.”

It also said, Justice Auta was investigated by the Council “based on allegations of corrupt practices levelled against him in a petition forwarded to Council by one Alhaji Kabiru Yakassai.

“His Lordship was recommended to the Governor of Kano State for removal from office by dismissal.

“Council wrote separately to the AIG Kano Zone 1, for Police to prosecute Hon. Justice Auta.

“Council has suspended His Lordship from office pending when the Governor will act on its recommendation.”

By Timothy Enietan-Matthews

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