There is no dispute in the disciplinary control of the NJC judicial officers. What is disputed by some legal commentators is extent of the disciplinary control.Is it correct to aver that no criminal proceedings or action can be initiated or taken against a judicial officer except on the invitation/directive of the NJC.?
At the risk of repetition, where a judicial officer is alleged to have committed a crime, Is it mandatory for law enforcement agencies to go through the disciplinary instrumentality of the NJC before taking actions against the erring judicial officer.?
There is nothing in the provisions of paragraph 21 of the Third schedule to the constitution that precludes law enforcement agencies from investigating, arresting, detaining or prosecuting a judicial officer in Nigeri for alleged corrupt practices or for other sundry offences.
A contrary interpretation wilk have the inescapable effect of conferring an extra-constitutional immunity on judicial officers.
"A Constitutional provision should not be construed in such a way as to defect its evident purpose". Where the wrongful act of a judicial officeer is merely a misconduct and nothing more, the NJC is vested with the power to recommend such offending judicial officer for removal from office and exercise disciplinary control over him.
The NJC's Independence from control guaranteed and envisaged by section 158 of the constitution does not, and cannot be construed to mean totality or absoluteness of control over judicial officerd where the misconduct complained of also constitute a crime. There is a widely propagated miscoception that needs to be corrected.
RPI....................Mission Rekindled.
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