Rex Marinus,
You see this your arrogance at playing the amateur lawyer will spell your doom one day. The two separate sections of the Constitution deal with different issues.
The first is the power to prosecute persons, any person (including the Chief Judge or any Judge of the Federation) if he unlawfully kills his wife or driver, the AG will prosecute him. Read carefully:
"(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly;"
The other section is about removal as a Judge! In sane societies the slightest whiff of impropriety will lead a Judge to step down as a Judge, but here in corruption ridden Nigeria corruption lovers like you and NASS may if you like keep an accused person as a Judge. When he is tried and jailed, let him continue to exercise his powers as a Judge in prison.
shameless lot.
Cheers.
IBK
On 21 October 2016 at 18:36, Rex Marinus <rexmarinus@hotmail.com> wrote:
Ola, the constitution did not give the Attorney General the power to prosecute judges. They cannot be brought to court as judges on trial. They must first be removed but only on the recommendation of the NJC and the Chief Justice. These moves to try judges is a a conceit of the Attorney General. No court under the administration of the CJN will permit the trial of judges accused of corruption. Here is what the Nigerian constitution says about the power of the AG just in case anybody is not clear:174. (1) The Attorney-General of the Federation shall have power -
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.
(2) The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.
(3) In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.
Here is what the same constitution says with regards to the sanction of Judges:
292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -
(a) in the case of -
(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,
Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
It is clear from these provisions that the only means by which a judicial officer may be removed acceptable to this constitution, even on the grounds of the "infirmity of mind" or contravention of the "code of conduct" is SOLELY by the recommendation of the NJC. This article of the law this precludes the trial of judges in a common court, and grants them institutional immunity. It would amount to a frivolous use of time and public resources to mount an inconsequential show trial and an "abuse of legal process" if the executive authorizes the trial of Supreme Court Judges. It will raise constitutional questions which will end up in the Supreme Court. And for as long as the NJC has not so recommended, these Justices still sit rightfully at the bench, and their abduction by the secret service is as a matter of fact a fundamental breach of the laws of Nigeria for which the NBA must consider the disbarment of the Attorney-General if he ordered it. And we need to follow these laws whether we like them or not, until we have forced the Legislature to change them.Obi Nwakanma
From: olakassimmd via AfricanWorldForum <africanworldforum@googlegroups.com >
Sent: Friday, October 21, 2016 2:29 PM
To: africanworldforum@googlegroups.com ; alukome@gmail.com
Cc: NIgerianWorldForum@yahoogroups.com ; naijapolitics@yahoogroups.com; nigerianid@yahoogroups.com; omoodua@yahoogroups.com; raayiriga@yahoogroups.com; yanarewa@yahoogroups.com; abba2007@gmail.com; ikeagbor@yahoo.com; rotfash@yahoo.com; mgadeniyi@aol.com; nebukadineze@aol.com; USAAfricaDialogue@googlegroups.com
Subject: Re: NigerianID | Re: [africanworldforum] Supreme Court Justice Okoro releases bombshell letter accusing Amaechi and Umana of trying to bribe him - The ScoopNGTo view this discussion on the web visit https://groups.google.com/d/
Cyril:
I couldn't agree more with your submission on thiss issue.
We should be patient and allow the court(s) as imperfect as theycurrently pronounce on the innocence and guilt of the accusedjudges.
We must also try not to try the judges in the courts of public'opinionuntil they get their days in country.
Just as any nation in the world deserves the kind of leadershipshe votes into office, the judicial systems in nations throughout the world arealso a reflection on the culture of the citizens.
---- Original Message ------
From: Sherif Anyanwu <lasherif@hotmail.com>
To: Mobolaji Aluko <alukome@gmail.com>; africanworldforum <africanworldforum@googlegroups.com >
Cc: Yahoo! Inc. <NIgerianWorldForum@yahoogroups.com >; Politics Naija <naijapolitics@yahoogroups.com>; nigerianid <nigerianid@yahoogroups.com>; Yahoo! Inc. <omoodua@yahoogroups.com>; Ra'ayi Riga <raayiriga@yahoogroups.com>; Yahoo! Inc. <yanarewa@yahoogroups.com>; Abba <abba2007@gmail.com>; Agbor Ike <ikeagbor@yahoo.com>; rotfash <rotfash@yahoo.com>; olakassimmd <olakassimmd@aol.com>; Michael Adeniyi <mgadeniyi@aol.com>; nebukadineze <nebukadineze@aol.com>; USAAfrica Dialogue <USAAfricaDialogue@ googlegroups.com >
Sent: Fri, Oct 21, 2016 10:15 am
Subject: Re: NigerianID | Re: [africanworldforum] Supreme Court Justice Okoro releases bombshell letter accusing Amaechi and Umana of trying to bribe him - The ScoopNG
The first step towards fighting corruption in Nigeria is to overhaul and Sanitize the Judiciary.This must happen for us to clean this Aegean table. The whole Nigerian system is corrupt and rotten.
These Judges should be charged to Court and let the legal process expose the truth. Knowing what I know about Nigeria, I presume that these Judges and the damn Politicians are guilty.
With the stinking level of corruption in Nigeria, everybody should be presumed guilty until proven innocent.
Cyril Anyanwu
From: africanworldforum@googlegroups.com <africanworldforum@googlegroups.com > on behalf of BUSKA <alaremu2007@gmail.com>
Sent: Friday, October 21, 2016 5:53:55 AM
To: Mobolaji Aluko
Cc: africanworldforum@googlegroups.com ; Yahoo! Inc.; Politics Naija; nigerianid@yahoogroups.com; Yahoo! Inc.; Ra'ayi Riga; Yahoo! Inc.; Abba; Agbor Ike; rotfash@yahoo.com; olakassimmd@aol.com; Michael Adeniyi; nebukadineze@aol.com; USAAfrica Dialogue
Subject: Re: NigerianID | Re: [africanworldforum] Supreme Court Justice Okoro releases bombshell letter accusing Amaechi and Umana of trying to bribe him - The ScoopNG--Prof Aluko, keep quite, let's hear words, people who were busy awarding pay raise for yourself outside the law,while in public service should just keep quite and not muddle the argument in the fight against corruption as they have lost all moral right to point finger at anybodyHow are we sure accused persons were not borrowing some leave from your crooked waysWhen we are talking of icon of morals you must know that you have lost it since the pay padding revelation, remember you have no tangible DEFENCE rather than some inanities about pay parity or whatever
Sent from my iPad
On Oct 21, 2016, at 3:11 AM, Mobolaji Aluko alukome@gmail.com [NigerianID] <NigerianID-noreply@yahoogroups.com > wrote:
--
Pastor Joe Attueyi:
As the latest update to this story, all three alleged bribers - Amaechi, Umana and your colleague-Pastor Ukpong - have now denied every visiting Justice Okoro with respect to any bribery attempt:
So please tell us: who is now in a pickle in this he-said-they-said affair?
Inquiring minds want to know.
That these Justices - CJN, Okoro, Agwuata, etc. - are EVEN confessing to entertaining these private visitations, even if there was no talk of bribery, is a testament to the rotten lack of impropriety in our top Judiciary.
It is a pity.....
Bolaji AlukoShaking his head
QUOTE
Bribery: Pastor denies leading Umana to Justice Okoro's houseOctober 21, 2016Etim Ekpimah, Uyo
Mr. Ebebe Ukpong, whom Justice Inyang Okoko in his letter accused of leading the former governorship candidate of All Progressives Congress in Akwa Ibom State, Umana Umana, to his house to discuss issue of bribe, has denied the allegation.
A statement by Ukpong on Thursday indicated that he (Ukpong) did not lead anybody to Justice Okoro nor attend any meeting in Okoro's house where the said issue was discussed.
"I have never led anyone to Justice Okoro nor attended any meeting in his house where the issue of bribery, corruption of any kind or perversion of justice was discussed.
"Of course, I could never have and will never contemplate such as it is against my personal principles informed by my relationship with the Almighty God. I stand always for the truth, integrity and fairness," the statement added.
Okoro, one of the judges arrested by the Department of State Services over allegation of corruption, in a letter to the Chief Justice, Mahmud Mohammed, had said, "Umana also made the same request of assistance to win his appeal at the Supreme Court. Umana talked about 'seeing' the justices who would hear the appeal.
"Pastor (Dr.) Ebebe Ukpong, who led Mr. Umana Umana to my house, intercepted and said that the issue of 'seeing' the justices was not part of their visit and that, as a pastor, he would not be part of such a discussion. Mr. Umana apologised. I advised them to go and pray about the matter and get a good lawyer. That was how they left my house."
Ukpong, who described Justice Okoro as a brother, whom he had known for three decades, said he had lived and worked above politics and partisanship.
He said, "I have read in the social media and several newspapers since the night of Tuesday, October 18, 2016, a letter purportedly written by Honourable Justice John I Okoro, JSC, and addressed to the Honourable Chief Justice of Nigeria and Chairman, National Judicial Council.
"In the said letter, Justice Okoro alleged that I led Mr. Umana Umana to visit with him in his residence without giving any details of such visit. Many reactions have followed. I'm constrained to make this statement for record purpose: I have known, in adult context, Hon. Justice Okoro for more than three decades now. He is my brother.
"I have never led anyone to Justice Okoro nor attended any meeting in his house where the issue of bribery, corruption of any kind or perversion of justice was discussed. Of course, I could never have and will never contemplate such as it is against my personal principles informed by my relationship with the Almighty God. I stand always for the truth, integrity and fairness."
UNQUOTE
QUOTE
Umana Umana denies ever visiting the Justice OkoroOct 19, 2016
JUDICIAL OFFICERS' ARREST: JUSTICE OKORO'S BASELESS ALLEGATION AGAINST UMANA
The attention of Mr Umana Okon Umana, Akwa Ibom APC governorship candidate in the 2015 election has been drawn to a letter purportedly written by Justice Inyang Okoro and addressed to the Honourable Chief Justice of Nigeria.
In the said letter, Justice Okoro alleged without evidence that Umana visited his residence (Justice Okoro's) and made a "request to help him win his appeal before the Supreme Court."We would like to respond to Justice Okoro's baseless allegation as follows:
1) The meeting Justice Okoro is reporting is fiction. No such meeting to discuss how to bribe judges took place between him, Mr Umana Okon Umana and Dr (Pastor) Ebebe Ukpong as alleged.
2) If we assume, without conceding, that such a meeting took place, for a man of Justice Okoro's standing and knowledge of the law, he ought to have known the legal implications of such a visit, and should have reported it to appropriate authorities immediately. He did not do that, but he is only reacting after the authorities have established a case against him.
3) Justice Okoro's claim in his purported letter to the Hon. Chief Justice of Nigeria is therefore not only false, it is diversionary and an afterthought.
4) Justice Okoro should address himself to the facts of the case, which is between him and the State, and leave Umana out of it
5) Contrary to Justice Okoro's claim, Umana had no appeal before the Supreme Court arising from any court judgment on the 2015 governorship election in Akwa Ibom State. Umana had won at the Court of Appeal and therefore was not and couldn't have been an appellant at the Supreme Court. Umana had won both at the tribunal and at the Court of Appeal. He was therefore confident of victory at the Supreme Court because of the concurrent judgments of the lower courts.
6) It would be recalled that after the Supreme Court judgment, which ignored the concurrent judgments of both the tribunal and the Court of Appeal, and also totally disregarded the reports of the international observers, including those of the United States Government and the European Union that had adjudged the elections in Akwa Ibom and Rivers states were marred by widespread violence and irregularities, Umana had issued a statement expressing disappointment at the verdict and said he had moved on and left everything in the hands of God. He should therefore be left alone.
Signed:
Iboro Otongaranfor: Umana Okon Umana
UNQUOTE
QUOTE
Amaechi denies trying to bribe Justice OkoroPosted By: adminon: October 20, 2016In: PoliticsNo Comments Print Email
Following the allegations by Justice John Inyang Okoro, the Minister of Transportation, Mr Rotimi Amaechi, has denied the allegations of attempted bribery.
He said the Supreme Court judge is acting like a child and trying to shamelessly trivialise the allegations of corruption against him and his colleagues. Amaechi said this in Abuja on Wednesday, October 19, in a statement signed by him.
Amaechi said this in Abuja on Wednesday, October 19, in a statement signed by him. In his statement, Amaechi denied ever having such discussion with Justice Okoro or any judge for that matter.
In his statement, Amaechi denied ever having such discussion with Justice Okoro or any judge for that matter. He stated: "My attention has been drawn to a letter purportedly written by Honourable Justice Inyang Okoro, Justice of the Supreme Court, one of the judges recently arrested by the DSS as part of its investigation into the allegations of massive corruption involving some officers of the judiciary.
He stated: "My attention has been drawn to a letter purportedly written by Honourable Justice Inyang Okoro, Justice of the Supreme Court, one of the judges recently arrested by the DSS as part of its investigation into the allegations of massive corruption involving some officers of the judiciary. "Given the level of mischief in the social media, I would ordinarily have ignored the letter because the allegations contained in the said letter are wild, baseless and unrelated to the issues in contention between the Justice of the Supreme Court and the Department of State Services. To that extent, I had
"Given the level of mischief in the social media, I would ordinarily have ignored the letter because the allegations contained in the said letter are wild, baseless and unrelated to the issues in contention between the Justice of the Supreme Court and the Department of State Services. To that extent, I had grave reservation that this letter emanated from his lordship.
"However, for the avoidance of doubt, let me say clearly that I have never discussed any matter pending before the Supreme Court of Nigeria with my lord, Honourable Justice Inyang Okoro, in his house or anywhere else."I make bold to also state that the only time I have ever spoken with the Chief Justice of Nigeria, Justice Mahmud Mohammed, was at the inauguration of the Abuja-Kaduna Railway project on the 26th of July, 2016 at Idu in Abuja."He described the allegation of attempted bribery levelled against him by the judge as shameful and a serious national tragedy.
Amaechi further said: "I believe that the issue of corruption at the highest level of our judiciary should be addressed objectively. It is to say the least demeaning and childish of a Justice of the Supreme Court to imply that the security operatives of our nation will arrest a Justice of our Supreme Court for no reason other than the instructions of a minister.
"Those faced with serious allegations should treat the issue with the seriousness it deserves and stop trying to court public sympathy and trivialise what is clearly a national tragedy."
He has directed legal representative "to contact Justice Okoro and take whatever legal steps necessary to clear my (Amaechi) name of this baseless allegation."
Amaechi asked the Justice Okoro to be "objective in dealing with the issue at hand and not whip up unnecessary sentiments against innocent public officers."
He stressed that he has no influence on the DSS, adding that he would focus on his job as the Minister of Transportation and not be dragged into unrelated matters.
Justice Okoro, who was one of the judges recently arrested by the DSS over alleged corruption, had in a letter to the Chief Justice of Nigeria alleged that Amaechi attempted to bribe him to influence the outcome of the governorship election cases in Rivers, Akwa Ibom and Abia states.
UNQUOTE
On Wed, Oct 19, 2016 at 12:32 AM, Mobolaji Aluko <alukome@gmail.com> wrote:
Joe Attueyi:
I read through the letter by Justice Okoro - so let me litigate it, starting from the paragraph of his belief of why he is being persecuted.
Those are the damning paragraphs concerning Minister Amaechi's and Umana Umana's visits to the Justice, a damning testament of the Justice's fitness for office, as well as that of the CJN if the Justice's "testimony" is to be believed.
This Justice's letter was written October 17, 2016 - after his home was raided. According to him, he "verbally" reported to the CJN, the Minister's clandestine visit to him on February 1 - eight-and-a-half months ago. The Justice does not write that "I remember that you denied that he visited you....", meaning that in fact the Minister must INDEED have ALSO visited the CJN on the matter.
Is it NOT a crime for a person to ATTEMPT to bribe a high official - and a crime that you don't report it, so that the attempted briber can be prosecuted? If the CJN of a country, and a Justice of the Supreme Court are attempted to be bribed, and they do not report it, what THE HECK of a country, what the heck of a Judiciary, do we have here?
Before going on, let us set the scene with respect to Akwa Ibom Gubernatorial Election:
- Saturday, April 11, 2015; Akwa Ibom Gubernatorial Election held; Gov. Udom of PDP is declared winner
- Wednesday, October 21, 2015: Election Tribunal (Chairman Justice Sadiq Umar of a 3-man panel) orders re-run in 18 of 31 LGAs; leaves Udom in place amidst controversy;
- Friday, December 18, 2015: Gov. Udom's election is completely nullified by the 5-man Election Appeal Court
- Wednesday, February 3, 2016: Gov. Udom is reinstated as Governor by the 7-man Supreme Court Election Appeal by a SummaryJudgment. The Court is led by CJH Mahmud Mohammed
- Monday, February 15, 2016: Supreme Court (through Justice Chima Nweze) gives its reasons for its February 3 judgmentThe paragraph goes further about the Justice's happiness in being mercifully left out by the CJN from the Akwa Ibom Supreme Court Election Appeal panel. But if the ruling was on February 3, why is it that it is ONLY on February 1 (two days earlier) he is telling the CJN about Amaechi's visit? He now claims that Amaechi and Umana (and the APC) must have been angry at him because they blamed him for losing the case at the Supreme Court: why are they not unhappy about the seven men who ACTUALLY gave the ruling, and frame them? Because he is an Akwa Ibom indigene?Pleaaasee.......there is something rotten in the state of Denmark....
And there you have it.
Bolaji Aluko"Hanti-corruption hactivist"
On Tue, Oct 18, 2016 at 7:25 PM, 'Joe Attueyi' via AfricanWorldForum <africanworldforum@googlegroups.com > wrote:
--Nigeria --- the more you look. All the 'hanti-corruption hactivists' will now go silent!
Joe
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