REVEALED: Judges' arrest: How NJC, DSS feud stated

 

*Council fights back, says DSS out to denigrate judiciary

More details have emerged on why the Department of State Service, DSS, decided to clamp down on perceived corrupt judges across the federation, even as it deliberately side-lined the National Judicial Council, NJC, in the process.
It was gathered that the feud between the DSS and the NJC, which has so far resulted in the arrest of about 15 superior court Judges, stated in early February this year.
It commenced barely one month after the Rivers State Governorship Election Petitions Tribunal commenced hearing on petitions against Governor Nyesom Wike.
About two months after the tribunal which relocated its sitting to Abuja on the order of the Court of Appeal President, Justice Zainab Bulkachuwa, commenced proceedings on petitions against Wike, the major petitioners- the All Progressives Congress and its governorship candidate. Dr. Dakuku Peterside, immediately raised issues against the presiding judge, Justice Mua'zu Pindiga.
They alleged that the Judge was handing favourable rulings to governor Wike of the Peoples Democratic Party, PDP.
Following series of protest from the petitioners, Justice Pindiga, who hitherto led the three-man panel tribunal, was quickly redeployed.
In fact, few days before he was removed, armed DSS operatives stormed the tribunal, a move that fuelled speculation that Wike was going to mount the witness box.
Meanwhile, though Justice Pindiga was accordingly removed, the DSS, via a letter dated February 26, with Ref No. DGSS71/3161, dragged the Judge who is serving in Gombe State, before the NJC and the Chief Justice of Nigeria, Justice Mahmud Mohammed, accusing him (Pindiga) of engaging in corrupt practices.
It specifically alleged that the judge had in a bid to illegally enrich himself, perfected plans through third party proxies/conduits, with a view to influencing the outcome of the Election Tribunal in the governorship polls in favour of Wike.
The DSS told the NJC that an undercover investigation it conducted revealed that the judge had: (a) Two (2) completed blocks of six (6) units 2 bedroom flats in Federal Low Cost Estate in Gombe metropolis;
b) Four (4) units of bungalow in another part of the Estate; c) An uncompleted property at GRA in Gombe Metropolis; d) a Mercedes Benz C300 car in the name of MUBAJJAL; e) A Toyota Venza-Model SUV.
According to the Service, "From all indications, it is apparent that Pindiga, who is a very Senior Justice in Gombe State, is highly corrupt. His continuous stay as a Justice in any capacity would likely embarrass the current administration and pervert the cause of justice.
"In view of the foregoing, it is strongly advised that immediate necessary administrative and judicial measures be taken on him, including appropriate sanctions and trial to set a precedent to others of his like”, the DSS added.
However, the NJC, in a letter dated April 19 with Ref. No. NJC/S.15/HC.GM/5/1/128, complained that the petition was not supported by a verifying affidavit as required by the NJC Discipline Regulations 2014.
Consequently, the DSS, by a letter with Ref No. LSD.232/4/68, dated May 6, 2016, deposed to a verifying affidavit in respect of the allegations against Justice Pindiga.
Nevertheless, at the end of its hearing, the Council, at its meeting on July 15, exonerated the Judge on the premise that the DSS could not substantiate any of the allegations either by documentary or oral evidence.
The action of the Council infuriated the DSS, which received the news via a letter with Ref. No. NJC/HC.GM/5/1/132, dated August 9, 2016.
Justice Pindiga was among the seven Judges that were arrested between October 8 and 9.
The house of another Judge of the Federal High Court in Abuja, Justice Nnamdi Dimgba, was also ransacked by security operatives, though he was not arrested.

The DSS had also petitioned Justice Dimgba before the NJC.

Meanwhile, the NJC, on Thursday, reacted to the arrest of the Judges, saying the action of the DSS was a denigration of the entire Judiciary, as an institution.
A statement signed by Acting Director of Information at the NJC, Mr. Soji Oye, read in part: "Council meticulously considered the entire unfolding events that led to the arrest of the Judicial Officers and the misinformation and disinformation making rounds in both Electronic and Print Media that the DSS acted thus because the National Judicial Council was shielding the Judicial Officers from investigation and prosecution for corrupt practices and professional misconduct.

"Council noted particularly, that from the available records, the DSS forwarded only two(2 no.) separate complaints containing allegations of Corrupt Practices against Hon. Justice Pindiga; and corrupt practices and professional misconduct against Hon. Justice Dimgba.

"The impression created and widely circulated before the public, that the DSS forwarded a number of petitions containing various allegations of corrupt practices and professional misconduct against some Judicial Officers to the Council, and they were not investigated, is not correct. The Council urges the DSS to make public the particulars of such petitions to put the records straight.

"Given the above background facts, on behalf of the Judiciary, Council is constrained to inform the general public that all petitions and complaints forwarded against Judicial Officers bordering on corrupt practices and professional misconduct, have been attended to and investigated, where applicable, by Council since year 2000 to date, within the powers conferred on it by the 1999 Constitution of the Federal Republic of Nigeria as amended.

"Therefore, any Judicial Officer that was reprimanded by Council or recommended for removal from office by compulsory retirement or dismissal to the President or Governor, was done in compliance with the Constitutional power, Rule of Law and Due Process.

"From year 2000, when the National Judicial Council held its inaugural Meeting to 2016, 1808 petitions and complaints against Judicial Officers, including Chief Justices of Nigeria, Justices of Supreme Court and Court of Appeal were received by the respective Honourable, the Chief Justices of Nigeria and Chairman of the National Judicial Council. Eighty-two (82 No.) of the Judicial Officers were reprimanded (suspension, caution or warning), by Council, in the exercise of its exclusive Constitutional Disciplinary power over Judicial Officers. Thirty-eight (38 No.) of the Judicial Officers were recommended to the President or Governor where applicable, for compulsory retirement from office; while twelve (12 No.) were recommended to the President or Governor as the case may be, for dismissal from office.

"In conclusion, Council wishes to state as follows:- That it 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.

"That explains why when the DSS wrote to the Council by letter Ref. No. LSC.960/4 dated 14th September, 2016, to direct Hon. Justice Mu’azu Pindiga to appear before it, The Hon. The Chief Justice of Nigeria and Chairman of the National Judicial Council directed the Hon. Chief Judge of Gombe State to ask Hon. Justice Mu’azu Pindiga to report to DSS, which His Lordship did.

"That the NJC has never shielded nor will it shield any Judicial Officer who has committed any misconduct.

"That the DSS is an Agency in the Presidency and its functions as specified in the statute establishing it, is primarily concerned with the internal security of the Country.

"That the action of the DSS is a denigration of the entire Judiciary, as an institution.

"That by the act of the DSS, Judicial Officers are now being subjected to insecurity, as criminals might take advantage of the recent incidents to invade their residences under the guise of being security agents.

"The Council vehemently denounces a situation whereby the Psyche of Judicial Officers in the Federation is subjected to a level where they would be afraid to discharge their Constitutional judicial functions, without fear or favour, intimidation, victimization or suppression.

"The Council will not compromise the integrity and impartiality of the Judiciary.

"The Council wishes to reassure the public that any person who has a genuine complaint against any Judicial Officer is at liberty to bring it up to the Council for consideration, after following due process vide its Judicial Discipline Regulations".

Meantime, though about 21 judges are currently under the radar of the DSS, so far, only 15 of them have been hauled in for interrogation.

Aside Justices Inyang Okoro and Sylvester Ngwuta of the Supreme Court, other judges arrested by the DSS were Adeniyi Ademola of the Federal High Court Abuja, Kabir Auta of the Kano High Court, Muazu Pindiga of Gombe High Court, Mohammed Tsamiya of the Court of Appeal in Ilorin, and the Chief Judge of Enugu State, I. A. Umezulike.