Shell Energy Entrepreneurs banner Yudala banner
Let the judiciary assert its independence, By Ebun-olu Adegboruwa

By News Express on 12/12/2017

Share on facebook Yahoo mail icon Gmail icon

Views: 483

•Ebun-olu Adegboruwa
•Ebun-olu Adegboruwa

I welcome the landmark judgment of the Court of Appeal, delivered on 11th Dec 2017, in the case of Hon Jus Nganjiwa. In the said judgment, the Court of Appeal stated the process of discipline of a judicial officer for official misconduct is to be undertaken first by the National Judicial Council, NJC.

This decision is sound in law and logic, in helping to assert the much desired independence and autonomy of the judiciary. In recent times, judicial officers have been under mindless attack by the executive, arising from the expressed disaffection for the third arm of the realm, by the President, who is the head of the judiciary, who has stated severally, that the judiciary is his headache. The hallowed democratic principle of separation of powers requires that the three arms of govt should be independent of each other but work together for the effective administration of the realm.

In the present dispensation, the Executive arm has totally hijacked and captured the Legislative and Judicial arms, both of which have not been allowed to function effectively and independently, as anticipated by the Constitution.

It is therefore a welcome relief indeed, that judicial officers will no longer be under the fear and tremor of intimidation of the executive, in the discharge of their official duties. A judge should be free to deliver his judgment according to his conscience and according to law, without fear or favour, without affection or ill will.

Under and by virtue of Paragraph 21(b) and (d) of the Third Schedule to the 1999 Constitution, the NJC is to exercise the power of disciplinary control over all judicial officers. Thus, where there is an allegation of corruption against a serving judicial officer, such should be tabled before the NJC first, as it is a matter arising from the discharge of official duties by the judge. Otherwise, judges will become liable to do the bidding of the executive, once it is possible to just pick up a judge and lock him up, whenever he delivers a judgment that is not favourable to the executive.

However, this judicial immunity should not be a blanket one; it should only be limited to matters involving the discharge of judicial duties. Consequently, a judge involved in the common crimes of murder, rape, etc, all committed outside the performance of his judicial duties, should still be held accountable in the normal course of criminal justice administration.

So I salute the rare courage of the justices of the court of appeal, who have taken this landmark step to free our nation from dictators and fascists in political garb and I commend the boldness of My Lords, for rescuing the judiciary from the choking harassment of the executive.

Since time does not run against the prosecution of offenses in law, the govt can always commence prosecution against any judicial officer found wanting, after the NJC has concluded its own statutory roles, in the discipline of such judicial officer.

I also commend the EFCC for its rare display of courage in confronting the menace of corruption in our land. The proper step in this case is to appeal against the judgment, in line with the best traditions of respect for the rule of law and due process, and cease to attack judges in the media, for the discharge of their official duties.

In it all, Nigeria will be the better for it.

Ebun-olu Adegboruwa, Esq., writes from Lekki, Lagos.

Source News Express

Posted 12/12/2017 8:28:30 PM

 

Share on facebook Yahoo mail icon Gmail icon


 

CLASSIFIED ADS

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

 

You may also like...
ECOWAS Bank for Investment and Dev. signs 7.3...

Court refuses to grant Dasuki’s request to quash...

When a Nation Becomes Funeral Home

100,000 enroll for community health insurance scheme in...

FIRST IN HISTORY: All 25,000 candidates fail university...

Nigerians seek end to killings in South Africa...

Pakistan defence chief hails Nigerian Armed Forces for...

Saraki raises hope on resolution of Senate crisis,...

Senators jubilate over withdrawal of forgery case against...

117 Boko Haram fighters killed in operation

Growth, development: No pain, no gain —Uduaghan

El-Rufai warns against reprisals, assures victims’ families of...

 

Latest News 16 states ready for cattle colonies, more on the queue — FG Army sets up cattle ranches across the country South East APC leaders reject Okorocha Concerned Nigerians drag Buhari to court, want NIA’s new DG sacked 300 give birth in IDP camp Police captures kidnapper of Americans, Canadians in Kaduna Goal feast in EPL as Arsenal, Chelsea win, United close in on City Buhari crowns Obasanjo ‘Father of Open and Distance Education in Nigeria’ Dickson advocates more support for education •Hails OBJ for NOUN PhD feat Cameroonian refugees flood Nigeria Ambode declares war on refuse, vows to clean up Lagos NiMet predicts sunny, hazy, mist/fog, cloudy skies on Sunday

 

Most Read Nigerian female sex addict opens up, says ‘I like it with both men and women’ (315,919 views) NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (306,125 views) Shameless Genevieve Nnaji exposes breasts in public (245,345 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (201,662 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (190,281 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (179,650 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (155,757 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (140,091 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (136,181 views) Lagos plane crash: Journalist releases victims’ names (124,663 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (121,958 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (119,070 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (33) Business (2,854) Business Verdict (32) Columnists (792) Complaints & Requests (94) Enterprise & Opportunities (200) Entertainment (431) Features (541) Global Business Monitor (222) International (1,749) Interviews (139) Live Commentary (28) Love Matters (100) News (32,044) Opinion (868) Pidgin (10) Politics (4,362) Religion (666) Sports (1,408) Stock Watch (26) AMA & Al Jazeera Global Update

 

CBN Banner advert

CBN Words on marble

 

 

Thierry Henry in Lagos Nigeria

 

APO Group Partner

 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement



 

 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!