A Federal High Court Judge,
Justice Rita Ofili-Ajumogobia, risks losing properties worth about N500m if she
fails to explain to the Economic and Financial Crimes Commission where she got
the money to buy the houses, The PUNCH has learnt.
Sources within the commission revealed that a house located at 18 Lai Ajayi Bembe Street, Parkview Ikoyi, Lagos was traced to the judge while another property on Atlantic Drive, UPDC Estate, Lekki, which has been marked by the EFCC, was said to belong to the embattled judge.
The property which is a two-storey building located at Ikoyi with a detached quarters, costs over N350m while the one in Lekki costs over N120m.
The property in Ikoyi was searched by the EFCC and incriminating
documents where found in the house which stands close to the house of a
former minister of state for defence, Senator Musiliu Obanikoro who has been
arrested by EFCC.
The source at the EFCC said, “When we first invited her, she told us that she was ill and had been admitted at the Gold Cross Hospital, Bourdillon, Ikoyi. When we visited the place, we found out that she was not there.
“Moments later, some
of the hospital staff tried to sneak her into the hospital but they were caught
red-handed and they apologised. We later led the judge to her Parkview
residence and searched the whole place.
“When asked where she
got the money to build such a house, she said she got some money from her son
who won a case against the London Police. She also gave some explanations which
we are trying to verify.
“The Deed of
Agreement is in someone else’s name but it carries her signature.”
Meanwhile the
National Judicial Council has said it is not part of its statutory
responsibilities to hand over judges who are accused of corruption to
anti-graft agencies for investigation and prosecution.
The NJC also clarified that
it could not hand over arrested erring judges to EFCC.
The NJC said this in
a letter dated October 26, 2016, which it addressed to a human rights
organisation, Socio-Economic Rights and Accountability Project.
The letter was the
response of the Chief Justice of Nigeria, Justice Mahmud Mohammed, who is the
head of the NJC, to SERAP, which had requested that the NJC should forthwith
hand over the seven judges recently arrested for alleged corruption to
anti-graft agencies.
SERAP, in a statement
on Tuesday, said the letter with reference number, CJN/Gen/MISC/A37/Vol.XXI/8,
was signed on behalf of the CJN by his Senior Special Assistant, H. S. Sa’eed.
According to SERAP,
the NJC said its duty stopped at making recommendations to the executive after
looking into petitions against judges.
It stressed that it
could not take responsibility for the failure of the President and governors to
implement the NJC’s recommendations.
The CJN said,
“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 Paragraph 21, Part One of the Third Schedule to the
Constitution.
“This provision clearly stipulates at Paragraph 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.”
The NJC, however, restated his commitment to purging
the judiciary of rot with the support of citizens by treating all petitions
against judges appropriately.
It stated that to this end, it had enacted the Judicial
Discipline Regulations, 2014.
The letter read partly, “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 five 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.
“With due consideration to the contents of your
letter, I am directed to acknowledge and address the concerns which SERAP have
raised, which may reflect the wider opinion held by some Nigerians.
“While his Lordship, without doubt, appreciates
SERAP’s concern for the incidence of corruption in the judiciary, it is indeed
erroneous to conclude that the NJC has ‘felt satisfied with applying only civil
sanctions and has not deemed it fit to hand over corrupt judges to law enforcement
agencies for prosecution nor recover proceeds of corruption,’ as insinuated in
your letter under reference.
“To be sure, every citizen of Nigeria, inclusive of
judicial officers, are entitled to the protection of the law and a key
provision of the constitution is the presumption of innocence, as enshrined in
Section 36(5) of the 1999 Constitution (as amended).
“I must also remind us that the seven judges, like all
other persons, are entitled to a fair hearing as stipulated in Section 36 of
the Constitution. As such, it would be presumptive and indeed preemptive to
sanction the said judges without exhausting the proper procedure for their
removal.”
The CJN expressed
delight over SERAP’s concern and dedication to the course of justice, fairness
and justness.
Justice Mohammed said
with the support of all well-meaning Nigerians “giant strides will be made
towards reaching the goal of a transparent, fair and equitable system of
justice.”
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