At its last Emergency Meeting which was held on October 11th
2016, Council decided among other matters, as follows:
That the National Judicial Council is a creation, by virtue of
Section 153 of the 1999 Constitution of the Federal Republic
of Nigeria, as amended, with its powers specified in Paragraph
21 of Part One of the Third Schedule whereof.
That by virtue of Section 160 of the 1999 Constitution, Council
fashioned out:

Judicial Discipline Regulations;

ii) Revised NJC Guidelines and Procedural Rules for the
Appointment of Judicial Officers of all Superior Courts of
Record;

iii) Code of Conduct for Judicial Officers of the Federal
Republic of Nigeria; and

iv) National Judicial Policy
to inter-alia, regulate its own procedure while exercising its
Constitutional Powers.

3. That Section 158 (1) of the 1999 Constitution of the Federal
Republic of Nigeria, as amended, has unequivocally provided
for the independence of the National Judicial Council vis-à-vis
directing or controlling it by any authority or person while
exercising its powers.

4. Reiterated its absolute confidence in President
Muhammadu Buhari Administration and its unwavering
determination to uphold the Principles of Democracy,
Separation of Powers and the Rule of Law enshrined in the
1999 Constitution of the Federal Republic of Nigeria, as
amended and the United Nations Charter, which Nigeria is a
Member.

5. That it shall continue to support the President Buhari
Administration in its fight against corruption in all its
ramifications in the Federation; and in cleansing the Judiciary
of corrupt Judicial Officers.

6. However, expresses its grave concern on the recent
invasion of the Residences and arrest of some serving and
suspended Judicial Officers by the Department of State
Services (“DSS”); and condemned the action in its entirety.

7. Viewed the action as a threat to the Independence of the
Judiciary, which portends great danger to our democracy; and
also considered the action as a clear attempt by the DSS to
humiliate, intimidate, denigrate and cow the Judiciary.

BACKGROUND FACTS

8.1 RE: HON. JUSTICE SYLVESTER NGWUTA
The Public is aware that Hon. Justice Sylvester Ngwuta, a
Justice of the Supreme Court of Nigeria, was arrested after his
House was invaded by heavily armed and masked operatives
of the Department of States Security on Friday 7th
October,2016. The operatives did not leave his house until
12.00 noon of the followingday, when he was whisked away to
the (“DSS”) office.
8.2 RE: HON. JUSTICE INYANG OKORO
The Residence of Hon. Justice Inyang Okoro, a Justice of
Supreme Court of Nigeria, was raided in the same manner and
was arrested by the same operatives of the DSS.
Contrary to the claim by the DSS and as published in the
electronic and print media, Council has never received any
petition against the aforesaid Judicial Officers: Hon. Justices
Ngwuta and Okoro of the Supreme Court of Nigeria, by the
DSS.
8.3 RE: HON. JUSTICE MUHAMMED LADAN TSAMIYA OF THE
COURT OF APPEAL

At its Meeting which was held on 29thSeptember, 2016,
Council had found His Lordship culpable of professional
misconduct contrary to Code of Conduct for Judicial Officers
of the Federal Republic of Nigeria and the provisions of
Section 292 of 1999 Constitution of Federal Republic of
Nigeria. Accordingly, he was recommended to Mr President
for compulsory retirement from office following the petition
written by one MrNnamdi Iro Oji for demanding the sum of
N200,000,000.00 (Two Hundred Million Naira) bribe. It is to be
stressed that from the evidence before the Council, Hon.
Justice Ladan Tsamiya did not receive N200m bribe. The
Petitioner adduced evidence to support his allegation that Hon.
Justice Tsamiya only demanded forthe money.
In the exercise of its power, Council had suspended Justice
Tsamiya from office, pending when the President will act on
the recommendation. And Mr. President has approved the
recommendation of the Council and compulsorily retired His
Lordship from office yesterday, the 12th day of October, 2016.
8.4. RE: HON. JUSTICE I. A. UMEZULIKE, OFR
Hon. Justice I. A. Umezulike, OFR, Chief Judge, Enugu State,
was recommended for compulsory retirement from office to
Enugu State Governor for gross misconduct, pursuant to the
petition written against him by Mr. Peter Eze.
In the meantime, National Judicial Council has suspended His
Lordship from office pending when the Governor of Enugu
State will act on its recommendation.
8.5. RE: HON. JUSTICE A. F. A. ADEMOLA, OF THE FEDERAL
HIGH COURT
Hon. Justice A. F. A. Ademola of the Federal High Court,
Abuja Division has been petitioned by Hon. Jenkins Duviegiane
Gwebe on allegations bordering on corrupt practices.
Currently, a Committee of the Council is investigating the
allegations.
There is no other petition against Hon. Justice Ademola from
DSS pending at the National Judicial Council.
8.6. RE: HON. JUSTICE KABIRU AUTA, KANO STATE HIGH
COURT
Hon. Justice Kabiru Auta was investigated by Council based on
allegations of corrupt practices levelledagainst him in a
petition forwarded to Council by one Alhaji Kabiru Yakassai.
His Lordship was recommended to the Governor of Kano State
for removal from office by dismissal. Council wrote separately
to the AIG Kano Zone 1, for Police to prosecute Hon. Justice
Auta.
Council has suspended His Lordship from office pending when
the Governor will act on its recommendation.
8.7 RE: HON. JUSTICE MUAZU PINDIGA OF HIGH COURT,
GOMBE STATE
The DSS petitioned the Hon. Chief Justice of Nigeria and
Chairman of the National Judicial Council alleging corrupt
practices against Hon. Justice Pindiga, inter-alia:-

“i) That the Hon. Judge 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 the incumbent Governor
Nyesom Wike.

ii) That further ongoing discreet investigation, Justice Pindiga
is observed to have illegally enriched himself through corrupt
means. Part of the illegitimate proceeds suspected to have
accrued to Pindiga includes the underlisted:

a) Two (2) completed blocks of six (6) units 2 bedroom flats
in Federal Low CostEstate 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.

iii) 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 complaint containing the allegations of corrupt practices
against the Hon. Judgewere conveyed in a letter Ref No.
DGSS71/3161 and dated 26th February,2016, written by the
DSS to the Hon. Chief Justice of Nigeria and Chairman of the
National Judicial Council. The petition was not supported by a
verifying affidavit deposed to by the DSS, as required by the
National Judicial Council Discipline Regulations 2014. The
Petition should have been disregarded for non-compliance
with the National Judicial Council Regulations, but by letter
Ref. No. NJC/S.15/HC.GM/5/1/128 dated 19th April,2016, the
DSS was notified and requested to comply and to depose to a
verifying affidavit in support of the allegations of corrupt
practices levelled against the Hon. Judge.
By letter Ref No. LSD.232/4/68 dated 6thMay, 2016, to the
Council, the DSS deposed to a verifying affidavit in respect of
the allegations against Justice Pindiga.
On the directive of the Council, Hon. Justice Mu’azu Pindiga
responded to the allegations against him by DSS. Thereafter, a
Committee comprising Members of the Council investigated
the allegations of corrupt practices.
Both Parties - The DSS and Hon. Justice Mu’azu Pindiga,
together with their witnesses and counsel appeared before the
Panel set up by Council in compliance with the National
Judicial Discipline Regulations and Section 36 of the 1999
Constitution of the Federal Republic of Nigeria as amended,
on the Right to Fair Hearing.

The DSS was represented by a Director, S. U. Gambo, Esq. who
is also a Legal Practitioner in the Department and Hon Justice
Pindiga was represented by Joe Agi, SAN.
At the end of the investigation, the DSS could not substantiate
any of the allegations of corrupt practices either by
documentary or oral evidence against the Hon. Justice
Pindiga.

Consequently, at its Meeting of 15th July,2016, Council
decided to exonerate Hon. Justice Pindiga of the allegations
of corrupt practices levelled against him by DSS.
The Council’s decision was conveyed to Hon. Justice Pindiga
in a letter Ref. No. NJC/HC.GM/5/1/132 of 9th August, 2016
and copied the DSS.
8.8. RE: HON. JUSTICE NNAMDI DIMGBA OF FEDERAL HIGH
COURT ABUJA DIVISION
Council is aware that DSS had written a complaint alleging
corrupt practices and professional misconduct against Hon.
Justice Dimgba by a letter Ref. No. LSD.158/2/31 dated 5th
August, 2016.
At its Meeting of 29th September, 2016, Council constituted a
Fact Finding Committee comprising its Members to
investigate the allegation.
During the last Emergency Meeting of the Council, it received
a Report from Hon. Justice Nnamdi Dimgba that his Residence
was also raided and ransacked; and in the process, his
nephew and driver were man-handled, using a wrong search
warrant which was not meant for the search of his house.
The Committee has commenced the process of investigating
the allegations before the recent unfortunate raid and search
of Hon. Justice Dimgba’s Residence.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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 National Judicial Council has never shielded nor will
it shield any Judicial Officer who has committed any
misconduct.

3) That the Department of State Services 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.

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

5) 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.

6) 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.

7) 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.

9) At the end of the Meeting, Council unanimously agreed to
recommend Hon. Justice W. S. N. Onnoghen, CFR, as the most
senior, suitable and competent Justice of the Supreme Court
to President Muhammadu Buhari, GCFR, for appointment as
the next Chief Justice of Nigeria to succeed Hon. Justice
Mahmud Mohammed GCON who retires from office on 10th
November, 2016.
Soji Oye, Esq
Ag. Director (Information)