TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

The way forward – The Nation

The Citizen by The Citizen
December 18 2017
in Public Affairs
A A
0
The way forward – The Nation
  • Stakeholders must meet to review the law which seemingly gifts immunity to judges

Against the interest of Nigerians, the war against corruption has become jaded, partly as a result of institutional hiccups. Last week, to the utter consternation of citizens distressed by ravages of corruption, the Court of Appeal, Lagos Division, upturned the judgment of a High Court, and struck out criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against a serving judge of the Federal High Court, Justice Hyeladzira Nganjiwa, on the ground that the court lacked jurisdiction.

That judgment based on constitutional prerogatives of the National Judicial Council (NJC) places the war against corruption in the judiciary in a quandary, and we urge all stakeholders to address the challenge. Without prejudice to the rights of the parties to appeal to the Supreme Court, citizens are worried that technicality upended facts in the case of Justice Nganjiwa. With the matter stultified by technicality, the guilt or innocence of the learned judge has not been addressed by the judgment.

Justice Nganjiwa was arraigned in June on a 14-count charge of corrupt enrichment and giving false information to an EFCC officer. In discharging the accused person, the Court of Appeal espoused the doctrine of separation of powers and held that the EFCC, being part of the executive arm of government, should not encroach on the constitutional prerogatives of the judiciary, as envisaged by the 1999 constitution, as amended. The court therefore held that the court lacks jurisdiction to entertain the matter.

In the appellate court’s opinion, a judicial officer must first be subjected to the disciplinary powers of the NJC, established by section 153(1)(i) of the constitution, once the subject matter arose from the performance of the judicial function; and if such a judicial officer is sacked or retired , then the executive arm would be free to subject the official to a criminal trial, as in the case of Justice Nganjiwa. It argued that by the doctrine of separation of powers, the judiciary must exercise its functions freely without an iota of fear.

As sound as the reasoning appears, at least on technical grounds, what then is responsible for the embarrassing corruption in the judicial arm of government and the tardiness of the NJC in dealing with criminal infractions by judicial officials? Assuming the reasoning in the judgment of the Court of Appeal is affirmed by the apex court, could that be a licence to gift our country a licentious judiciary? If the judiciary is interested in public opinion, there is apprehension that the judgment may have cloaked serving judicial officers with immunity, and that is worrisome.

As we await the final decision of the Supreme Court on this matter, there is no doubt that the majesty of the judiciary is tainted by incidence of corruption, such as is levied against Justice Nganjiwa, and no nation can survive such trajectory. Perhaps there is the urgent need to review the constitution, to determine more clearly the powers of the NJC and the powers of the national agencies empowered by law to fight corruption. No doubt, the public is rankled that where a judicial officer is accused of corruption, the police and other security agencies concerned will have to wait for NJC to first act.

If that is the law and spirit of our constitution, then the executive and the National Assembly should examine whether it is necessary to amend the laws to clearly demarcate between a misconduct and a criminal indictment, so that while the NJC deals with the first, the criminal prosecutor agencies deal with the latter. But of course, there is the need to have a virile and independent prosecutor agencies, and so any review should not gift the executive the opportunity to pocket the judiciary.

Ultimately, the answer to the corruption plaguing our country is an incorruptible, independent, fair and fearless judiciary. A corrupt judiciary is a plague to the society, even as a shackled judiciary is a dangerous weapon in the hands of the executive. So, the three arms of government must seek a solution to gift our country an independent judiciary, regulated by judicious laws, in the overall interest of the entire country. Perhaps, the composition of the NJC could be reviewed to make it nibble and more efficient.

 

Previous Post

Reviewing non-performing privatised enterprises – The Sun

Next Post

Knocking sense into the minimum wage issue – Punch

Related Posts

Mass presence of governors in off-cycle elections – Punch
Public Affairs

Mass presence of governors in off-cycle elections – Punch

August 27 2026
Clerics must preach peace, not division – Punch
Public Affairs

Clerics must preach peace, not division – Punch

August 25 2026
Tax reform: Northern senators in closed-door meeting as bill scales second reading
Public Affairs

Tax reform must end multiple taxation – Punch

August 24 2026
BREAKING: Kidnapped Oyo pupils, teachers regain freedom
Public Affairs

Terror victims deserve care – Punch

August 21 2026
Unfilled tertiary education spaces debacle – Punch
Public Affairs

Unfilled tertiary education spaces debacle – Punch

August 20 2026
Reps in rowdy session over motion to summon Tinubu
Public Affairs

Accounting for recovered assets – Punch

August 18 2026
Next Post

Knocking sense into the minimum wage issue - Punch

Putin thanks Trump for US aid in foiling terror plot

Putin thanks Trump for US aid in foiling terror plot

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

by The Editor
August 8 2026
0

...

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

ODDITIES

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

Scavengers strip Lagos bridges, homes in widespread theft

Scavengers strip Lagos bridges, homes in widespread theft

by The Editor
August 25 2026
0

GLOBAL NEWS

Russia helps Niger Republic junta to retake military base

Russia helps Niger Republic junta to retake military base

by The Editor
August 30 2026
0

...

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

WHO confirms Uganda Ebola-free, as virus continues spread in DRC

by The Editor
August 28 2026
0

...

Nepal flash floods claim160 lives, hundreds still missing after deadly surge

Nepal flash floods claim160 lives, hundreds still missing after deadly surge

by The Editor
August 27 2026
0

...

US pauses immigrant visa applications worldwide

US pauses immigrant visa applications worldwide

by The Editor
August 27 2026
0

...

Iran, Oman agree temporary Strait of Hormuz corridor

Iran, Oman agree temporary Strait of Hormuz corridor

by The Editor
August 27 2026
0

...

State of the States

Accord Party’s deregistration judgment violates Court of Appeal order – Adeleke

Adeleke issues executive order, sets up panel over Osun killings

by The Editor
August 29 2026
0

...

Kaduna pays N6.7bn monthly on inherited loans, says Uba Sani

Kaduna pays N6.7bn monthly on inherited loans, says Uba Sani

by The Editor
August 28 2026
0

...

Abia traditional rulers endorse Gov. Otti for second term

Abia State begins payment of N61.8bn gratuity arrears

by The Editor
August 25 2026
0

...

Kaduna State approves N300m for KASU lecturers

Kaduna State approves N300m for KASU lecturers

by The Editor
August 24 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
2027: Peter Obi, Kwankwaso, Dickson close ranks, move to unite NDC campaign

2027: Peter Obi, Kwankwaso, Dickson close ranks, move to unite NDC campaign

August 30 2026
Shettima departs Abuja for AU Peace Summit in Angola

Shettima departs Abuja for AU Peace Summit in Angola

August 30 2026
Northern states record 185,502 rise in child malnutrition cases

Northern states record 185,502 rise in child malnutrition cases

August 30 2026
Voters’ Threat: ADC demands immediate arrest of Kuje Council chair

Tinubu orders NDDC to reconstruct Warri-Benin Highway

August 30 2026

EDITORIAL REVIEW

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Clerics must preach peace, not division – Punch

Clerics must preach peace, not division – Punch

by The Editor
August 25 2026
0

Tax reform: Northern senators in closed-door meeting as bill scales second reading

Tax reform must end multiple taxation – Punch

by The Editor
August 24 2026
0

BREAKING: Kidnapped Oyo pupils, teachers regain freedom

Terror victims deserve care – Punch

by The Editor
August 21 2026
0

Unfilled tertiary education spaces debacle – Punch

Unfilled tertiary education spaces debacle – Punch

by The Editor
August 20 2026
0

Opinion

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Airtime credit dispute and need for clarity

Airtime credit dispute and need for clarity

by The Editor
August 5 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.