Reacting to Nigerian bar association NBA request to
suspend judges accused of corrupt practices, The Nigerian Judicial council has said it cannot suspend the serving judges
accused of corruption without investigation.
The Acting Director of information, Mr. Soji Oye
states that, “ NJC is forced to inform the general public that its
constitutional mandate is to process and
recommend to the executive at the federal and states levels, the appointment , and
or removal of judicial officers from
office , including exercise of its disciplinary control of suspending and or
warning judicial officers after complying with due process and the rule of law”,
Mr. Oye said.
He further continued, “ since the creation of the
council vide the 1999 constitution it has exercised its powers and performed its
functions within its constitutional boundaries”.
“ this current position of the NBA vis-à-vis its
recommendation that the affected judicial officers involved in the ongoing
investigation of judicial officers by the department of state security
service DSS, be requested to proceed on
compulsory leave until the conclusion of all disciplinary proceedings against
them, is unacceptable to the NJC, as it breaches 2014 revised judicial
discipline regulations formulated by NJC pursuant to section 160 of the 1999
constitution of the federal republic of Nigeria as amended”.
He added, “it is to be reiterated also that the
provisions of section 158 of the 1999 constitution of the federal republic of
Nigeria, as amended, NJC shall not be subject to the direction or control of
any other authority or person while exercising
its disciplinary power of control over judicial officers of the federation”.
“ members of the public are hereby informed that the
mechanism that will determine a judicial officer to be redirected or requested
to proceed on compulsory leave or be suspended from office, is a disciplinary
power that NJC only exercise after initiating disciplinary proceedings on the
complaint or petition forwarded against the judge, after he has been found
culpable”.
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