THE National Judicial Council (NJC), which has responsibility for the disciplining of judges in Nigeria, announced last week that it has recommended the compulsory retirement and dismissal of three judges of superior courts.
Affected was Justice Mohammed Ladan Tsamiya, the Presiding Judge of the Court of Appeal, Ilorin Division, who was recommended for compulsory retirement following the findings of the Council on the petition written against him by Nnamdi Iro Oji, who had accused him of corruption, malice and vindictiveness. He was also accused of giving perverse and conflicting decisions on the same issue and in similar matters in three Appeal Court cases.
The NJC said it found that Justice Tsamiya had met on three occasions with the petitioner in a case before him in his residences in Sokoto, Abuja and Owerri where, on each occasion, he demanded from the petitioner a bribe of N200 million in order to influence the Court of Appeal Panel in Owerri.
Justice I. A. Umezulike, the Chief Judge of Enugu State, was recommended to the State Governor for compulsory retirement following the findings of the Council on a petition against him filed by Barrister Peter Eze which had, among other things, alleged that he failed to deliver judgment in a case within the stipulated time of 90 days of the adoption of final addresses. The judgment was delivered after 126 days.
It was also stated that at the book launch of the Hon. Chief Judge, a donation of N10 million was made by a certain notable politician (name withheld) who had vested interest in two cases in the judge’s court. The Council enumerated several instances of abuse of judicial powers by the Chief Judge, including openly making vulgar remarks against the petitioner, and clinging to cases in his court “despite all genuine efforts made by the defendants to get the suits transferred to another court.”
Also, Justice Kabiru Auta of the Kano State High Court was recommended to the State Governor for outright dismissal. The NJC also recommended that he be handed over to the Police for prosecution following the findings of the Council on the allegations against him by one Alhaji Kabiru Yakassai. The petitioner was said to have paid the judge N125 million and a second payment by cash of N72 million. The payments were received by Justice Auta through his Personal Assistant, Abdullahi Bello, “ostensibly for the purpose of assisting a former Chief Justice of Nigeria to secure accommodation and for the Petitioner to be in turn rewarded by the award of some contracts by the said Chief Justice of Nigeria.” But, after the Petitioner suspected foul play and reported the matter to the police, Justice Auta agreed to repay the Petitioner N95 million and did make some payments. He had an agreement in the office of the Assistant Inspector General of Police in Kano to refund the money after, as he put it, “having suffered humiliation and incarceration and had nowhere to go for help and in order to protect my image and the image of the judiciary.”
We commend the NJC for its effort to cleanse the judiciary, the second time in recent times. But, we think it is just a good beginning. Nigerians expect the NJC to do more until we get it right. Nigerians are happy that some discipline is being injected into the judiciary because the judiciary is the last hope of ordinary citizens. Judges are expected to be disciplined men and women who must live and act like the proverbial Caesar’s wife – above suspicion.
When they turn round to demand bribes, it is a grave offence. When they enter conflicting judgments with judges of co-ordinate jurisdiction, citizens are shocked and confused. When injunctions are given without the necessary legal conditions, considerable harm is done to the cause of justice.
We praise the NJC for its recommendation on Justice Auta. But, it is obvious that there is a gap in the Nigerian Constitution which the new Constitution Review Panel must plug.
It is not enough for NJC to retire judges who are found guilty of misconduct. Those found guilty of malfeasance ought to be prosecuted and punished. Had Nnamdi Oji obliged Justice Tsamiya the N200 million bribe he reportedly sought, the judge would have now retired to enjoy the loot without any consequences. That is not our idea of justice. A constitutional amendment is imperative.