"NJC's Recommendations Indicted Ex-Enugu CJ, Umezuluike" - Witness

A prosecution witness, Rahamatu Hassan Ahmed, Assistant Director with the National Judicial Council, NJC, Abuja on Wednesday, January 17, 2018 told an Enugu State High Court presided by Justice A.O. Onovo that the recommendations of the Council indicted the former Chief Judge, CJ, of Enugu State, Justice Innocent Azubuike Umezuluike (Rtd).

Ahmed said the indictment of the former CJ who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, for bribery necessitated the recommendation of the Council to the Governor of Enugu State, Ifeanyi Ugwuanyi, that the former CJ of the state be suspended.

Ahmed who was led in evidence by prosecution counsel,Wahab Shittu, informed the court that the recommendation of the Council came after “a meticulous consideration and extensive deliberation on the findings”, which prompted the Council to conclude that the erstwhile CJ contravened some provisions of 1999 Constitution as amended and some rules of the Revised 2016 Code of Conduct for Judicial Officers of the Federal Republic of Nigeria. He was tjerefore recommended to be compulsorily retired.

Some of the findings by the ‘Fact Finding Panel” constituted by the NJC and chaired by a former President of the Court of Appeal, Hon. Justice Umaru Abdullahi, CON, which the witness was made to read for the court, included the following:

“That at the time of the book launch, the donation of N10 million was made during the pendency of the two cases before the court of the defendant, both of which Prince Arthur Eze had vested interest;

"That there have been many instances of abuse of judicial powers, particularly against two defendants in suits nos. E/6/2013 and E/88/2016. The chief Judge clung to these two suits to remain in his court, despite all genuine efforts made by the defendants to get the suits transferred to another court;

"That among other rules contravened, the retired CJ specifically flouted Rule 15:2 which states that “ Where a Judicial Officer while in service publishes any book or causes another person, group of persons, publishing house, whosoever, acting on his behalf to publish any book, he will ensure that such publication is not used or prohibit such publication from being used, in any matter or form as a means of raising funds, beyond the normal cover or market price of such publication; or as donation or gift to him or to anyone on his behalf; or to any cause related to or connected with him.”

Reacting to the development, defence counsel, G. Agu opposed the tendering of the NJC’s recommendation on the grounds that it was never demanded nor approved for production in the subpoena by the court but that it was a personal property of Ifeanyi Ugwuany who was the addressee. He further argued that the witness was imposed on the defence without prior knowledge nor service to the defence.

Shittu who showed evidence of service regarding the document wondered why in the first place NJC being a very respected institution should have its document being questioned nor the appearance of  its staff duly subpoenaed by the court objected to.

“Is this document stolen or improperly obtained? The basis of its evidential material or relevance cannot be questioned”, he stated.   

In his ruling , the judge posited that the document relates to the case at hand and that prosecution can tender any document without prior service. He also stated that the witness was subpoenaed not only to produce Certified True Copies of documents relating to her organization, but also as a prosecution witness.

Agu who continued his cross examination of another EFCC witness, Adoke Usman Ibrahim, asked if there were two panels constituted for the hearing of allegations against Umezulike to which she said that to the best of her knowledge,there was only one.

The case has been adjourned to February 21 for continuation further trial.