The Chief Justice of Nigeria,Mahmud Mohammed blames President M.Buhari for failing to act at the right time

The CJN blames the executive arm of government for its lackadaisical attitude towards the NJC’s recommendations This is the submission of the Chief Justice of Nigeria (CJN) who was responding to a query by SERAP on why the NJC has for many years failed to appropriately deal with several cases of corrupt judges.

  SERAP had in a letter dated Tuesday, October 11 and signed by its executive director, Adetokunbo Mumuni, expressed serious concern that the NJC has for many years failed to appropriately deal with several cases of corrupt judges by failing to refer those cases to the EFCC and ICPC for prosecution.

  “Many of these suspected corrupt judges are still alive and their cases should be promptly referred to the anti-corruption agencies. The NJC under your leadership should seize the opportunity of the just released 7 judges to comprehensively address corruption in the judiciary,” the letter stated. Responding, the CJN in a letter to SERAP dated Wednesday, October 26 and seen by Premium Times, said
     “the failure on the part of the Executive Arm of Government to act upon recommendations by the National Judicial Council (NJC) cannot be blamed upon the NJC.” The letter which was written on behalf of the Justice Mohammed by his senior special assistant, H. S. Sa’eed, informed SERAP that the NJC can neither hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption.

 Part of the letter read:
     “Certainly, you will agree with me that where there are clear constitutional provisions relating to the power of any individual, institution or arm of government, then it cannot deviate nor exceed such powers as this will be unlawful.
    “While restating the willingness of the NJC to act upon any petition as well as commitment of the Nigerian judiciary to the fight against corruption, his lordship opines that any significant involvement in the fight against corruption will be upon a similar commitment of the prosecutorial agencies to actively prosecute their cases expeditiously when information about same is received”
   “It is necessary to restate that the NJC is a creation of the 1999 Constitution of Nigeria (as amended) being established under Section 153 with its mandate clearly set out in Para 21, Part One of the Third Schedule to the Constitution.
    “This provision clearly stipulates at Para 21(b) and (d) that the Council may only ‘recommend’ to the president and the governors, the removal from office of judicial officers and to exercise disciplinary control over such judicial officers, which in effect is the extent of its power to discipline.
   Hence, the Council cannot, suo moto dismiss any judicial officer. “The NJC can also neither ‘hand over corrupt judges to law enforcement agencies for prosecution nor recover proceeds of corruption, as you have suggested. It can merely recommend to act upon its findings, as it has always done.
   “However, in exercise of its constitutional mandate, the NJC has enacted the Judicial Discipline Regulations, 2014 in order to ensure that petitions are received, investigated and addressed as appropriate.
   “As SERAP’s own report attests, 64 judicial officers have been disciplined within 5 years even preceding the institution of the new guidelines. Any failure on the part of the executive arm of government to act upon such recommendations cannot therefore be blamed upon the NJC.”