Falana carpet NJC over 'media Gag'

JUDICIAL POLICY: FALANA CARPETS NJC OVER ‘MEDIA GAG’ • Wants NBA ‘democratised’ Prominent human rights activist, Mr. Femi Falana (SAN) has blasted the National Judicial Council (NJC) over plans to bar publication of its disciplinary proceedings against judicial officers. Reacting to reports that the NJC plans to ensure that complaints against judicial officers are given a blackout in the media during the trials, Falana said it was a fallout of the criticism of NJC’s disciplinary procedures. It recalls that following the launch of the new National Judicial Policy (NJP) yesterday by the Chief Justice of Nigeria, Justice Mahmud Mohammed, it was reported that sections 2(2)(4) to 2(2)(9) of the new policy bar leakage or publication of such complaints. According to the new policy, “It shall be the policy of the Judiciary that complaints of misconduct against judicial officers or employees of the Judiciary shall not be leaked or published in the media. “Where complaints on allegations against Judicial Officers and Court employees are submitted for investigation, the complainant or complainants shall be made to give an undertaking not to do anything to prejudice investigation or actions that may be taken.” To underscore its seriousness, the NJP enacts that “The Institutions of the Judiciary concerned with investigation or and implementation of decisions taken on such complaints shall be obliged to cease further action where such complaints are leaked or discussed in the media.” The NJC also warns that “Where such a leakage is occasioned after the submission of a complaint then all investigations on the complaints shall be suspended, the leakage investigated and if such leakage is from the complainant or through other parties known to such a complainant, such a complaint should be discarded.” Further, “Where such leakage is occasioned prior to the presentation of the complaint and the source of the leakage is found to be the complainant or through other parties known to and connected with the complainant then such complaint shall not be accepted, upon submission, by the appropriate disciplinary body.” In a provision which indicates that the censorship may be targeted at shutting out “media trial,” the new policy however enacts that “Upon the conclusion of any investigation, the judicial disciplinary bodies may allow public disclosure of their findings, subject to following the proper channels for such disclosure.” But Falana said that the NJC had no power to prohibit citizens from exercising their freedoms, saying the new policy is designed to bar searchlight from the work of the NJC. His words: “Two weeks ago, the NJC claimed that it had treated all petitions alleging misconduct against judicial officers in the country. The Civil Society Network Against Corruption listed about 10 complaints that the NJC did not attend to. The new regulation is a reaction to the exposé.” Indicating that the new policy may be unconstitutional, Falana said: “Does the NJC not know that every complainant has the fundamental right to freedom of expression which includes the right to impart knowledge and pass information to other people? Can the secretariat not leak information on a petition submitted to the NJC?” Turning to the Nigerian Bar Association (NBA) and its oversight function, Falana queried the performance of the lawyers’ body and its delegates to the NJC, saying: “Before a judge is appointed the bar is required to comment on his/her suitability. To what extent has the bar written genuine reports on candidates? Did the NJC consider the comments? We have 5 representatives in the NJC. What has been their role in the process of appointment?” Indicating that he could see a silver lining out of the current crisis in the judiciary, the fiery civil rights campaigner said the time has come to democratize the NBA for effectiveness: “We should take advantage of the current crisis to redeem the profession. We need a panel to visit state-by-state, gather evidence and make recommendations. That was what the (Justice Kayode) Eso panel did. The NBA has to be democratized to reflect the interests of the generality of the members.” Aside from halting judicial officers from accepting gifts from other arms of government, the new judicial policy also bars lobbying of other arms of government by the Judiciary or any of its institutions. Justifying the new policy direction, the NJP states that “In recent times, there has been much concern by the public about the efficiency, effectiveness and transparency of the judicial system. In particular, there has been waning confidence in the performance of the superior courts in regard to justice delivery. “Such concerns make it imperative to identify issues and problems militating against a credible justice delivery system that would command the confidence of the citizen.” The new policy may also not be unconnected with the crisis generated by the recent raids on the residences of some high-ranking judicial officers, including two Supreme Court justices. City-Lawyer-Magazine