With this
level of commitment to ridding the judiciary of odium and impropriety, the
confidence the people once had in the citadel of justice would be re-built. Based
on petitions filed to the NJC by Mohammed
Idris Eggun against Justices Evuti and Usman of the Niger State High Court
over falsification of their dates of birth, the fact-finding committee set up
by the NJC found that Justice Evuti used three different dates of birth in
service (September 15, 1950, April 10, 1953, April 1, 1951), while Justice
Usman was still in service when he should have retired.
As for
Justice Gbajabiamila, a petition filed by Mr.
C. A. Candide-Johnson (SAN) alleged that, among other misconducts, the
former delivered judgment in a suit 22 months after written addresses were
adopted by counsel, and 35 months after close of evidence, and did not publish
a copy of the judgment he delivered on December 24, 2013 until 40 days after.
All these allegations are contrary to the 1999 Constitution and rules of the
Revised Code of Conduct for Judicial Officers.
As a penalty
for these cases of misconduct, some of which border on criminality, the NJC
committee recommended the compulsory retirement of Evuti with immediate effect
as well as the deduction from his gratuity all salaries received by him from
September 2015 to date. With respect to Usman, it only recommended the
deduction from his gratuity all salaries received by him from June 2015, since
it already accepted his retirement with effect from March 1, 2016, whilst it
recommended the compulsory retirement of Gbajabiamila.
By their
misconduct in service, these judges put themselves in positions and circumstances
that compromised their professional integrity and expected personal moral
character. Age falsification has been known to be an affliction of civil
servants and public officers. Apart from presenting an inauthentic state of
affairs that is injurious to history, the altered ages of the judges robbed the
state of its resources and funds. By reducing their dates of birth, the judges
stole from the state, and denied others the benefits that would have come to
them.
On the other
hand, Gbajabiamila’s action is representative of the wanton miscarriage of
justice by unscrupulous judicial officers, who in recent times, have tarnished
the image of the noble profession. That Justice Gbajabiamila would delay
delivery of judgment for 35 months after close of evidence is an indication of
how deep the dereliction of duty is being accommodated by some judges. It
brings out in bold relief the many unspoken incidents of injustice, poor
management and utter disregard for constitutional provisions by those who ought
to be its most faithful custodians.
Whilst it
could be argued in certain quarters that, as public officers, judges are
susceptible to the same moral currents pervading the general public order,
their position represents the significant minority that should of necessity be
the moral compass of the society. Notwithstanding the misunderstood idea of
impartiality that separates law from morals, judges are custodians of public
morality which the law seeks to uphold. The dispensation of justice which forms
a cardinal function of the judge would be virtually impossible if the judge
possesses no moral sense. The concept of a good dispenser of justice that is
said to be an immoral and an unethical person is a contradiction in terms. A
judge or jurist cannot be a good administrator of the law if he is not a
morally conscious individual. He is a moral light for the society.
The bold
action of the NJC to restore the integrity of the judiciary is commendable. As
more and more questionable elements are sanctioned, the insidious moral
decadence that has crept into the judiciary would begin to gradually fall until
it finally disappears. These isolated cases may suggest that the NJC is
assuring Nigerians of its resolve to act decisively on cases of judicial abuse.
However, as
it carries out its respectable role as the highest judicial body in the
country, the NJC must not fall into the temptation of politicising its actions.
It should diligently and promptly act on reports that should come not only from
senior and influential lawyers but also from ordinary citizens, through the Nigerian Bar Association (NBA) and
other groups representing the citizens. As we always admonished, it is not
enough to sanction the judges, the logical end of the misconduct, which is
appropriate legal action, should be followed through. Erring judges should be
prosecuted and be made to serve the required terms of conviction if found
guilty. (Guardian)
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