• Says they lack such powers
By Davidson Iriekpen
A Lagos-based lawyer, Malcolm Omirhobo, has dragged President Muhammadu Buhari and Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, before the Federal High Court in Abuja over the prosecution of the judges of the court and Supreme Court for alleged corruption.
Omirhobo asked the court to determine whether the AGF has the power to prosecute serving judicial officers for ethical violation or judicial misconduct without having to first refer the allegations or charges against them to the National Judicial Council (NJC).
He also urged the court to determine whether the constitutional power to investigate, discipline and sanction erring justices of superior court of record in Nigeria for ethical violation or judicial misconduct is the exclusive preserve of the NJC.
The lawyer also asked the court to determine whether the AGF presented any petition against the affected two justices for ethical violation or judicial misconduct to the NJC before prosecuting them at the courts of Justices Jude Okeke and John Tsoho.
He asked whether it is proper, legal, lawful, and constitutional for the president and AGF with their servants, agents, or privies to cause to be published to the public and the whole world the investigation and prosecution of serving judicial officers for allegations or charges for ethical violation or judicial misconduct.
He appealed to determine whether it was proper, legal, lawful, and constitutional for them with their servants, agents, or privies to cause to be published to the public and the whole world the investigation of eight serving justices (the two affected justices inclusive) over allegations or charges of ethical violation or judicial misconduct and also to cause to be published to the public the prosecution of the two affected Justices?
In the affidavit in support of his originating summons, Omirhobo disclosed that Buhari, while on official assignment to Ethiopia on January 30, 2016, informed the Nigerian community there and the international community as well that as far as his anti-graft war was concerned, his main headache was the judiciary.
He also informed his audience that he contested for the presidency three times and was robbed by the judiciary.
The plaintiff noted that it was God and the electronic voting system which made him succeeds in his fourth attempt.
He said Buhari approached the National Assembly to grant him emergency powers but his request was refused.
He said the Senate maintaineds that granting him emergency powers would make him a tyrant and a dictator.
The lawyer contended that having failed to secure emergency power, Buhari turned on the judiciary by accusing them of being corrupt in the discharge of their statutory duties.
He said the AGF alleged that his office received complaints from the concerned public over the corrupt practices of some serving justices of the superior court of record.
He said consequent upon the above, Malami commissioned the Department of State Service (DSS), an agency of Buhari whose primary duty is for intelligence gathering within the country and for the protection of senior government officials, to monitor the expensive and luxurious lifestyle of the said justices.
The plaintiff said the AGF having received complaints from the public against known judges for their alleged involvement in corruption, bribery and perversion of justice, did not petition the NJC as to the misconduct of the affected justices.
He said instead of petitioning the judges to the NJC, the AGF with the support of Buhari ordered the operatives of the DSS to raid the residence of 10 justices in Abuja, Rivers, Kano and Gombe States via special sting operations between October 7 and 8, 2016.
He therefore asked the court to hold that it was improper, illegal, unlawful, and unconstitutional for the president and the AGF with their servants, agents, or privies to cause to be published to the public and the whole world the investigation of eight serving justices (the two affected justices inclusive) over allegations or charges of ethical violation or judicial misconduct and also to cause to be published to the public the prosecution of the two affected justices.
The plaintiff also wants the court to declare that that the prosecution of a serving judicial officer for ethical violation or judicial misconduct by the AGF in a court of law is incompetent, illegal, unlawful and unconstitutional where the AGF fails, refuses or neglects to first present the allegations and/or charges against the affected judicial officer to the defendant pursuant to the provisions of the 1999 Constitution.
Omirhobo further asked the court to declare that the prosecution or purported prosecution for ethical violation or judicial misconduct of the said affected two justices by the AGF at the instance of the president before the judges is incompetent, illegal, unlawful and unconstitutional where the president and AGF have failed, refused or neglected to first present the allegations or charges against the affected justices bordering on their conduct as Judicial officers to the NJC pursuant to the provisions of the 1999 Constitution
He also asked the court to hold that it is improper, illegal, unlawful, and unconstitutional for the NJC to suspend a serving judicial officer without following due process of law.
