The National Judicial Council (NJC) headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, has suspended an Abuja High Court judge, Justice Abubakar Mahmud Talba, from office for a period of twelve months without pay.
Mr. Justice Talba was the judge that imposed a paltry N750,000 fine on convicted Director of Police Pension Fund, Mr. John Yusuf, after confessing to have stolen not less than N2billion from the pension fund which was kept in his trust for pensioners.
The NJC which is a creation of section 153 of the 1999 constitution (as amended) also issued a stern warning to another Federal High Court judge, Justice Okechukwu Okeke, serving at its Lagos division, to desist from anything capable of tarnishing the image of the judiciary.
The council had mellowed in its decision against Justice Okechukwu, a source told Saturdy Mirror, yesterday , just because he had less than a month to retire from the bench. Reliable source however told Saturday Mirror yesterday that probe committees were also set up by the NJC to investigate thoroughly some judicial officers, including a chief Judge over allegations of misconduct leveled against them. Justice Talba who is also warned to be more careful in the exercise of his judicial powers is to resume office on April 23, 2014.
Justice Talba was temporarily kicked out from the bench yesterday following the findings of a committee convoked by the NJC to thoroughly investigate allegation of abuse of his judicial discretion in a case involving a pension thief, Mr. John Yusuf, who confessed to have connived with others to steal a whopping N27.2billion belonging to pensioners.
Saturday Mirror reports that Yusuf had specifically pleaded guilty to counts 18, 19 and 20, affecting him in a joint charge where he was alleged to have connived with the other suspects –Essai Dangabar, Atiku Kigo, Ahmed Wada, Veronica Ulonma, Sani Zira, Uzoma Attang and Christian Madubuike – to convert the sums of N24.2bn, N1.3bn and N1.7bn, belonging to the office to their personal use.
Of the loot, he admitted to have, single-handedly, converted N2billion to his personal use. In each of the three counts which he pleaded guilty to, he was accused to have betrayed the public trust reposed in him with each count carrying two years jail term upon conviction, although with option of fine. In sentencing him, Justice Talba said the court had a duty to the country, which had suffered from corruption.
He held that section 309 of the Penal Code, under which the accused persons were charged, stipulates a two-year prison term with an option of fine or both. Consequently, he sentenced Yusuf to two years’ imprisonment for each of the three counts or a fine of N250, 000. The fine therefore summed up to N750,000.00 He also confiscated both his moveable and immovable assets located in different regions in the country.
Among the properties were two units of a threebedroom semi detached bungalows at R2, A and B, Sunny Homes, Dakwo District, Abuja; two units of three bedroom semi bungalow- detached at M24, A and B, Sunny homes, Dakwo District Abuja; four units of a 3bedroom semi- detached bungalows, in Abuja; eight units of an estate of twobedroom flats, at Gombe, GRA; one unit semi-detached duplex at house 21, 4th Avenue, Gwarinpa, Abuja; four units of a two bedroom semi – detached duplex at Bricks City, Kubwa Road, Abuja, and one unit of semi-detached duplex, at 14B Democracy Crescent, Gaduwa, Abuja.
The leniency of the judge in sentencing the pension thief however propelled some Nigerians to write a petition to the NJC alleging corruption and abuse of his judicial discretion against him.
The NJC established a prima facie case against him but the Nigerian Bar Association (NBA), during its last meeting, agreed that rather than making the judge a scapegoat, attention should have shifted to the prosecutor who withdrew counts that attracted higher jail terms for counts with soft penalties. NJC which set up a factfinding committee on the matter on Friday via a statement signed by the NJC Director (Information), Mr. Soji Oye, to announce that Justice Talba abused his discretion.
The statement reads: “The National Judicial Council under the Chairmanship of the Hon. Chief Justice of Nigeria, Hon. Justice Aloma Mariam Mukhtar, GCON, at its meeting which was held on 24th and 25th April, 2013 suspended Hon. Justice Abubakar Mahmud Talba of the FCT High Court from office for a period of twelve months without pay.
“Hon. Justice Talba was suspended from office sequel to the findings by Council that he did not exercise his discretion judicially and judiciously with regard to the sentences he passed on one of the accused persons, Mr. John Yakubu Yusuf in the Police Pension case of FRN Vs Esai Dangabar and 5 Ors.
“It would be recalled that the National Judicial Council at its Emergency Meeting which was held on 20th February, 2013 set up a Fact Finding Committee to investigate the allegations levelled against Hon. Justice Talba in the Police Pension case of FRN Vs Esai Dangabar and 5 Ors.
“The Council, however, observed that the charges that had been brought by EFCC against Mr. John Y. Yusuf in the First Charge Sheet containing Counts 1 to 10 under Section 315 of the Penal Code that provides a maximum jail term of 14 years and fine, were dropped by the EFCC Counsel and substituted with another Charge Sheet with only three Counts under Section 309 of the Penal Code that moulds a lesser punishment of two years imprisonment with or without option of fine.
“The National Judicial Council, in the exercise of its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria as amended, also issued serious warning to Hon. Justice Talba to desist from unreasonable exercise of judicial discretion in all matters brought before him.
“On the various Petitions written against Hon. Justice Okechukwu Okeke of the Federal High Court who is to retire from service on 18th May, 2013, the Council considered his responses and decided to seriously warn him,” he added.
Meanwhile, the decision of NJC against Justice Abubakar Talba, on account of his January 28 judgement, has been generating mixed reactions among some Senior Advocates of Nigeria, SANs. When Saturday Mirror sought the views of some senior lawyers on the development, they expressed divergent views. While some hailed the decision,others criticised it, saying only the courts can decide whether or not a judge has exercised his discretion judicially and judiciously.
According to Dr. Awa Kalu (SAN), “my view on the matter is that the National Judicial Council is not an appellate court; it is only a court of law that can determine whether discretion has been exercised judicially and judiciously.
“It is a legal matter and not a disciplinary matter”, Kalu noted. Also speaking another member of the inner bar, Mr. Jibrin Okutepa, vowed to go to court to challenge NJC’s action. Okutepa said: “If that is the decision,then the NJC must have become a willing tool in the hands of public opinion,irrespective of what the law says.
It will amount to a travesty of justice. “I have never seen where a judge is punished for exercising his discretion,which is a subject of appeal.” On his part, Yusuf Ali (SAN) observed: “I think it is a right signal that the days of impunity on the Bench are over,and it has the tendency of sending a sanitising signal to members of the Bench.”
In like manner, Chief Mike Ahamba (SAN) said, “I think the fact that something has been done is a positive development. It is no longer a situation of covering up and Nigeria will be better for it.”
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