The National Judicial Council (NJC) is set to bar
media reportage of allegations of misconduct levelled against judges and
employees of the judiciary.
This is contained in the National Judicial Policy
to be launched by the NJC on Monday.
The policy will widen the dark veil that shields
disciplinary proceedings against judges.
Under the new policy, the NJC or any institutions of the judiciary shall discard a complaint sent against a judge or employee of the judiciary for investigation if after receiving the complaint it is leaked or discussed in the media.
The policy partly read: “lt shall be the policy of
the judiciary on complaints that allegations 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.
“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.
“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
on through other parties known to such a complainant, such a complaint should be
discarded.
“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.
“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.”
This is coming at a time when the NJC, the body
vested with disciplinary powers over judges at all levels, is under public
attack for either allegedly shielding corrupt judges or merely giving those
found culpable a slap on the wrist.
The criticism of the NJC was sparked by the arrest
of seven judges including two serving justices of the Supreme Court over
alleged corruption allegations.
In the wake of the arrests, the arresting agency,
the Department of State Services, said it took the step after the NJC allegedly
rebuffed complaints against some of the arrested judges.
But the NJC has since denied the allegation of
shielding corrupt judicial officers.
The new policy was prepared by the NJC in April
2016 but will only be launched under the chairmanship of the outgoing Chief
Justice of Nigeria, Justice Mahmud Mohammed on Monday.
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