Socio-Economic Rights and
Accountability Project (SERAP) has condemned the treatment of the former acting
Chief Judge of Kebbi State, Elizabeth Karatu, who was barred from gaining
access to her courtroom to deliver certain judgment by an official of the
Nigeria Security and Civil Defense Corps (NSCDC), who claimed he was acting
based on directive.
The organization urged the
Chairman of the National Judicial Council (NJC) and Acting Chief Justice of
Nigeria Ibrahim Tanko Muhammad to publicly condemn the unfair treatment of
Justice Karatu and urgently refer the matter to appropriate authorities for a
prompt, thorough and effective investigation in order to ensure that those
responsible for this unlawful act are named and shamed and brought to justice.
It would be recalled Karatu had
written a petition to the NJC over Governor Atiku Bagudu’s alleged refusal to
confirm her as substantive Chief Judge.
However, in a trending video,
Karatu, who was supposed to rule on some cases on July 4, her last day in
office, could be heard saying: “I am the most senior judge in this court and I
am here to deliver my judgement. Can you imagine? Which management gave you the
order? Today is my last day to be here and it is my right to be here. I have
come to deliver my judgement. As far as I am concerned, everybody in this court
is my junior and I need a courtroom to deliver my judgment.”
“Regardless of any allegations
that may have been levelled against her, it is clear that Justice Karatu has
been unfairly treated by the apparently unlawful actions of the Kebbi State
governor, Mr Atiku Bagudu and the NSCDC barring her from gaining access to her
courtroom to rule on cases”, it said.
“Barring Justice Karatu from
gaining access to her courtroom is entirely incompatible with the sacred
principle of judicial independence, and the failure by the authorities to
observe important procedural guarantees here is a textbook case of executive
rascality. SERAP will vigorously pursue justice in this case, to ensure that
this shameful act does not affect the work of other judges or undermine their
ability to freely and effectively perform their judicial duties.
“The NJC should immediately set
up a panel to thoroughly and effectively investigate the alleged role played by
the new acting Chief Judge of Kebbi State, Justice Suleiman Mohammed Ambursa in
the unfair treatment, harassment and intimidation of Justice Karatu, and if
there is sufficient and relevant admissible evidence, to ensure appropriate
disciplinary measures and sanctions against him.
“The ultimate responsibility for
the crisis in Kebbi State’s judiciary lies with governor Bagudu. To prevent
further erosion of the constitutional principles of judicial independence and
separation of powers, the governor must publicly apologise for the blatant
infraction of Justice Kataru’s human rights, and ensure her access to justice
and effective remedies, including reparation.
“It is clear that the rule of law
in Kebbi State is under siege. SERAP urges the government of governor Bagudu to
refrain from any threats or interference that may further hamper the court’s
independence and authority as the supreme guardian of the Nigerian constitution
and legislation.
“By putting the court entrance
under lock, the government of governor Bagudu and the NSCDC have obstructed
justice, a form of corruption under the UN Convention against Corruption to
which Nigeria is a state party, as they have apparently unlawfully stopped
Justice Karatu from performing her judicial duties and delivering certain
judgment on the eve of her retirement.
“The apparently arbitrary actions
by governor Bagudu and the NSCDC also amount to an unlawful interference with
Justice Karatu’s private and professional life, contrary to the Nigerian
Constitution of 1999 (as amended) and the International Covenant on Civil and
Political Rights and the African Charter on Human and Peoples’ Rights to which
Nigeria is a state party.
“The Nigerian constitution and
these human rights treaties afford legal protection against arbitrary
interference by the authorities, including in Kebbi State. The unfair treatment
and intimidation of Justice Karatu, apart from being incompatible with the rule
of law, has had tangible consequences for her material well-being and her
family.
“Such arbitrary and illegal
actions expose judges at both the federal and state levels to political and
executive pressure, endangering their independence and impartiality.
“Under our laws, judges can be
removed only in accordance with an objective, independent procedure prescribed
by law. Any sanctions or disciplinary procedures for judges must ensure
sufficient separation of the judiciary from other branches of State power and
provide appropriate guarantees against abuse and misuse of disciplinary
measures and sanctions to the detriment of judicial independence.”
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