[iamwebwiz]

Senior lawyers in the country have commended the justices of the Lagos Division of the Court of Appeal for upholding the principle of separation of powers when they held that a serving judge could not be prosecuted until such judge had either been dismissed or compulsorily retired by the National Judicial Council (NJC) for alleged corruption.

The justices of the Appeal Court on Tuesday consequently struck out the corruption charges filed by the Economic and Financial Crimes Commission (EFCC) against a serving judge of the Federal High Court, Justice Hyeladzira Nganjiwa.


The judgment, which has far-reaching consequences, has been the subject of discussion among top lawyers in the country.
But EFCC, in its reaction shortly after the ruling on Tuesday, vowed to head to the Supreme Court to upturn the judgment, terming it a dangerous precedent that has no basis in law.
However, a former president of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN) who spoke to THISDAY on the issue said the Appeal Court justices had upheld the doctrine of separation of powers.

“The court has not said that judges cannot be prosecuted. It has only said that the National Judicial Council (NJC) is constitutionally authorised to make the decision that will lead to their prosecution.
“That is the correct position, I entirely agree with that decision. So many Supreme Court cases back it up.
“Where a panel is set up to investigate a person constitutionally, that panel will have to first deal with the matter and recommend whatever punishment that is appropriate.

“The power to discipline a judge does not rest with the EFCC, the power to prosecute a judge rests with the EFCC upon the recommendation of the NJC.
“The judgment absolutely has implications for the separation of powers. The judgment confirms that executive interference in the judiciary will no longer be tolerated. That is what the judgment says,” he explained.

Another past president of the NBA, Chief Wole Olanipekun (SAN) said the judgment had raised new issues.
He noted that the judges were now being prosecuted through a procedure hitherto un-witnessed in the annals of the judiciary – the raid of their respective residences by the security agencies.
According to Olanipekun, “The issue is recondite. It is novel. It has never happened before.

When you weigh all these against the clear provisions of the Constitution as to the roles, the position, the jurisdiction, the powers of the NJC to employ, to discipline, to reprimand, to sanction, to suspend, to promote, to hire and fire judges, then you will see the more recondite nature of the issues involved.”
He commended the creativity of the lawyers of the appellant, saying that that is the way it should be.

“The law evolves, it is never static. But to my mind, it is an issue that will definitely get to the Supreme Court. Let the Supreme Court have the final say on it.”
He also commended the courage of the justices of the Court of Appeal, adding that the judgment was not something that could just be dismissed by the wave of the hand.
He urged both the prosecution and the defence to prepare to further argue the case at the Supreme Court.