NIGERIAN Bar Association (NBA) officials have backed down on a threat to take on the government over its recent decision to prosecute seven judges for corruption and called for their immediate suspension pending their arraignment.
On October 8, the Department of State Security (DSS) arrested seven judges suspected of being involved in corruption and the development split the Nigerian legal profession. While the government's supporters said it was right to combat corruption within the judiciary, the NBA and other opponents said it was tantamount to interference in its independence.
Condemning the arrest of the judges, the NBA has said all matters relating to corruption within the judiciary should be left to the National Judicial Council (NJC). Yesterday, however, the NBA appeared to reverse its stance, with its president Abubakar Mahmud accepting the right of the DSS to arrest the judges at a valedictory court session in honour of a retiring justice of the Court of Appeal, Sotonye Denton-West.
Seven judges in five states of the federation and the Federal Capital Territory were arrested after their homes were raided on October 7 by the SSS following allegations of corruption. According to the government, the NJC, responsible for the sanction of judicial officers, was accused by the DSS of neglecting petitions written against the judges on allegations of corruption.
Both the NJC and the NBA had earlier condemned the arrest, describing it as a denigration of the judiciary. Mr Mahmud who had earlier described the raid of the judges’ homes and their subsequent arrest by the DSS as unlawful and an abuse of power by the operatives, said his recent decision is to safeguard the sanctity of the judiciary.
Mr Mahmud said: “In the interim, particularly having regards to what appears to be an ongoing accusations and counter-accusations between some of the judges and other personalities or agencies, it appears to the NBA that it is extremely important that the NJC takes very urgent steps to safeguard the public image and sanctity of the courts. We therefore strongly recommend that, without prejudice to the innocence or otherwise of the Judges involved in the ongoing investigations, they should be required to excuse themselves from further judicial functions or required to proceed on compulsory leave until their innocence is fully and completely established or until the conclusion of all judicial or disciplinary proceedings.
“We believe this will be necessary in order to protect the sanctity and integrity of judicial processes that may involve the judges concerned and safeguard the public image of the institution.”
Retiring judge, Ms Denton-West, welcomed the call by Mr Mahmud, stressing the it was important to rid the judiciary of corruption. Until her retirement Ms Denton-West was a presiding justice of the Court of Appeal, Akure Division.
Judges who were arrested include Sylvester Nguta and John Okoro of the Supreme Court and Adeniyi Ademola of the Federal High Court Abuja. Others are Justice Muazu Pindiga of Gombe State, Kabiru Auta of Kano State, Innocent Umezulike of Enugu State and Mohammed Tsamiya, an appeal court judge in Ilorin.
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