How Buhari’s anti-corruption campaign in judiciary hit a brick wall (2) - Punch Newspapers

In the concluding part of this two-piece report by OLADIMEJI RAMON, prominent voices in the legal profession blame alleged “esprit de corps among judges” or “protectionist verdict” for the inability of government to secure the conviction of judges put on trial for alleged corruption

He is number 32 out of the 75 judges listed on the website of the Federal High Court and sits at the Lokoja division.However, Justice Rita Ofili-Ajumogobia is missing on the list, despite that the NJC’s decision recommending her for dismissal has been quashed by Justice Binta Nyako’s verdict of November 28, 2019.

While on suspension, awaiting the decision of the President on the NJC’s recommendation for his compulsory retirement, Justice Yunusa was put on trial by the EFCC on January 17, 2018. So, he approached Justice Solebo, before whom he was being tried by the EFCC, and demanded to be discharged. He said, “The NJC is constitutionally vested with administrative and disciplinary powers against judicial officers while law enforcement agencies are vested with investigative and prosecutorial powers for criminal offences.”Lawyers have been sharply divided in their opinions on the decision of the Court of Appeal in Nganjiwa’s case, upon which all other cases of corruption against judges have collapsed.

“Can the EFCC go to the Army barracks and arrest a Major General when the constitution provides that under the Army law, this is the duty of a court martial? Any officer that walks into the Army barracks to arrest a military man will find himself thrown into the prison there because there is a rule of law, that if a military officer does anything wrong, the first body to discipline him is the military tribunal.

“That the DSS acted as it did on the grounds that it was conducting an investigation or a ‘sting operation’ as it described it was therefore a clear usurpation of the constitutional powers of the NJC.” “If a case is well presented and prosecuted, it is difficult for anyone to shield anyone as what transpires is in the public domain which includes highly qualified legal critics,” Fashanu said.

“I’m not going to mention names, but we had a case where all the evidence was there, and this time it was not an issue of the matter not being referred to the NJC but of a judge who sat and rationalised all the things his colleague in the dock did. If we do not break this esprit de corps issue, judicial corruption will not be solved.”

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