26th April 2004.

Honourable Justice Mohammed Uwais, CJN
Chairman, National Judicial Council
Supreme Court Complex
Three Arms Zone,
Abuja.

Your Lordship,

The Abia State Judiciary: Why the National Judicial Council Must Act Now to Defend Judicial Integrity, and End Persecution of Those who Risk Their Careers to Promote it.

You already are aware of the long and still festering problems of judicial administration in Abia State, the unresolved and continuing estrangement of key actors in the State from each other, and, now, the latest effort of other political branches, specifically the legislative branch, to drive through a politically explored solution to the Abia State Judiciary albatross. Access to Justice' concerns about what is currently going on in Abia State is its very strong tendency to undermine the institutional authority of the National Judicial Council, and the Council's spirited struggle – together with those of other stakeholders - against the misuse of judicial office powers. Please permit us to iterate these concerns.

Our representations cover two broad issues: the first and perhaps the most important of these, is the recriminatory persecution of those who, putting the judiciary's interest first, fight the cause for judicial integrity by bringing cases before the National Judicial Council or other oversight bodies. Second is the perception of the impartiality of the National Judicial Council by some members of the public in the Abia State Judiciary matter.

Access to Justice' Representational Status
Let us make some observations about the representational character of this intervention: we do not legally represent the persons whose cases we bring before the NJC as such, and, although they might not oppose the idea of our intervention and presentation of their causes, we do not have their formal instructions, in a strict legal sense, to present this petition, and have not sought for that authority.

Our role is that of an interested stakeholder, motivated solely by the need to protect the integrity of the justice system, to protect those persons who support the cause of an upright judiciary, and to safeguard the institutional authority of the National Judicial Council, so that stakeholders in the justice system can exercise the civic responsibility thrust upon them by law, and their conscience to bring cases before the National Judicial Council, or other bodies constitutionally conferred with oversight powers over judicial conduct.

Persecution of CRAN Officials
Your Lordship will recall, that sometime ago, the Court Registrars Association of Nigeria (hereafter simply referred to as CRAN) Abia State Branch brought complaints against the Chief Judge of Abia State, Hon. Justice K.O. Amah (hereafter simply referred to as C.J.)

After its investigations, the National Judicial Council, (hereafter simply referred to as NJC) confirmed (at least some of) the allegations made against the C.J. and reprimanded the C.J for misconduct. Please recall that the Abia State Branch Chairperson of CRAN is a certain Sir A.I. Nwaonumah, an Assistant Chief Registrar Gd. 1. Following subsequent discoveries unveiled by the CRAN officials, the association petitioned the Abia State House of Assembly, through a letter dated 28/7/03 (attached as Annexure 1) asking the House to investigate the Chief Judge for misconduct. The House has now passed a resolution urging the Abia State Governor to remove the Chief Judge, Justice K.O Amah from office. (Resolution is attached as Annexure 2)

We remain uncertain whether the NJC was put in the knowledge of what followed in the professional lives of these CRAN officials on the heels of the petition filed by CRAN. Particularly, that these persons whose vigilance and un-fledging courage led to the censuring of the C.J.'s conduct, were, immediately after, targeted by a vengeful tirade of attempts to victimize them, by removing them from their positions and jobs, hatched and launched out of the office of the Hon. Chief Judge of Abia State, Justice K.O. Amah, but “attired” as actions of the State's Judicial Service Commission. This recriminatory backlash has been vicious, implacable, and arrogant: it has sought after every opportunity to punish the individuals for their roles in the NJC's (and subsequently, the Abia House of Assembly) inquiry into the C.J.'s conduct; it is arrogant because it constitutes a slap on the National Judicial Council. It confronts and undermines the authority of the Council to deal with judicial delinquency, by attacking those who, in good faith, invoke the Council's authority. Let us mention some of the action taken against the CRAN officials following their petition:
· On 4th April, 2002, about 2½ months after CRAN submitted a Petition to the National Judicial Council against Hon. Justice K.O. Amah, Sir A.I. Nwaonumah, CRAN President was issued a query threatening disciplinary action for “holding secret meetings with some Registrars in your house”, which query was followed by a reprimand, warning him “… to desist from holding secret meetings in your house or elsewhere…” (Query, Response to Query and Warning letters are attached as Annexure 3).

· In a letter dated 6 March, 2003, the Judicial Service Commission requested Sir A.I. Nwaonumah, V.U. Asonye, I.O. Ukattah, L.C. Onuoha, G.I. Ezindu, S.C. Onyekwere all officials of CRAN to respond to various complaints laid against them by the Chief Registrar of the Abia State Judiciary complaining against “Official Misconduct and Fraudulent Activities”. Part of the allegations against these people were that they “… falsely published in the Newspapers, articles against the Hon. Chief Judge, the Chief Registrar, Accountant,..” following the publication of the “National Judicial Council investigated report on the Hon. Chief Judge of Abia State, Hon. Justice K.O. Amah…” (See letter attached as annexure 4).

These were not all instances of the witch-hunting. The queries continued even after the NJC concluded its consideration of the CRAN Petition. The intensity with which the queries “gushed out”, (forgive the phrase) leave little doubt that they were borne out of malice and were specifically targeted at seeking revenge. (Indeed, before this time, some of the CRAN officials, particularly a person like its president claims that before the year 2000 he had never received a query in all of his over twenty year professional career, but since 2000, he has received not less than 20 queries.)

In a petition dated 28/07/2003, The Court Registrars Association of Nigeria (CRAN) Abia State Branch petitioned the Abia State House of Assembly for the removal of Hon. Justice K.O. Amah from office in consequence of what the CRAN said were further acts of“misconduct, incompetence” etc against the said C.J. Although the Hon. Justice K.O. Amah appeared before, and made representations to the Abia State House of Assembly Committee on Judiciary and Justice which investigated the complaints in defence of himself, Hon. Justice K.O. Amah did not disguise his disgust for those who authored the petition, and has used virtually every excuse, every opportunity to attack and victimize them, even when no valid grounds avail the attack. Here, again, is an example of the pattern:
· On 7th October 2003, the following people A.I. Nwaonumah, L.C. Onuoha, V.U. Asonye, C.I. Esindu, S.C. Onyekwere, and R.I. Okiyih (Mrs) received a query threatening disciplinary action for “sending a petition against the Hon. Chief Judge to the Speaker of the House of Assembly, without routing it through the office of the Chief Registrar...”(see letter attached as annexure5).

Finally, on 10 Nov. 2003, all the persons queried above, except one, received a letter suspending them from duty. The suspension letter dated 10 Nov. 2003 alluded to an earlier query and remarked that even though “… no action had as yet been taken by the Commission in respect of the said query of 28th February 2003…), the Commission had “…received reports by its members who were verbally abused by you on different occasions), which prompted the Judicial Service Commission to suspend them “indefinitely, and without pay” until the determination of suits filed by the affected parties. (See letter attached as annexure 6).

There perhaps may be no better way to interpret what transpired between CRAN Officials and the Chief Judge of Abia State, Hon. Justice K.O. Amah than that of the vendetta of a very disaffected chief judge. While Hon. Justice K.O. Amah is entitled to feel anger, the Hon. C.J. crosses the line if he ventilates that anger through channels reserved for the due and proper administration of the State's judiciary, or carries the animosity so far as to punish those who have merely sought to discharge their civic responsibilities for that reason alone. Your Lordship, this is more disturbing as the Abia State House of Assembly has, following its investigation, substantiated many, if not most of the allegations against Hon. Justice K.O. Amah. In order words, the CRAN officials have not acted in mere malice, without cause; they had a cause, genuine cause, and have exercised their responsibility to prosecute that cause.

It is therefore, very disturbing, (most unacceptable if we may say), that these people, who took on the extraordinary challenge of saving their State's Judiciary, stand today, the risk of losing their jobs, and their life-long expectations in those jobs through the thinly veiled vengefulness of the Hon. Chief Judge, Justice K.O. Amah. The Judicial Service Commission, headed by the Chief Judge Amah took the action, even in spite of the appeal of the Abia House of Assembly that the officers, who actively participated in the House hearings, should not be sanctioned.

Access to Justice Appeal to the NJC
We ask the National Judicial Council to disallow this unfair, below-the-belt tackle. It constitutes an unfortunate, unfair and injudicious misuse of administrative authority. Should the NJC allow this malafide suspension to stand, or lead to further deprivation, it would give the signal that those who “blow the whistle” on misconduct within the judicial system take great and disproportionate risks in doing so, act basically on their own, and will not receive help when they face predictable vendetta even though their cause is right. If the NJC does not act promptly, and decisively to protect these CRAN officials and their jobs, it will discourage others from coming forward in the future to support the NJC in its difficult but imperative task of monitoring and upholding the integrity of the justice system in Nigeria. Ultimately, the struggle to eradicate corruption and restore rectitude to the justice system will be the chief loser, and perhaps more broadly, our Country, Nigeria will lose as well.

Do not forget, Your Lordship, that it is particularly those people who have information about judicial delinquency that the NJC will depend on for the success of its work. Some of the success with which the NJC is credited with today is as a result of the selfless action of people like the officials of CRAN currently being persecuted in Abia State.

Furthermore, it is important for the NJC to establish, as a precedent, that it would not condone attacks on persons who invoke the Council's oversight authority. What the Hon. Chief Judge of Abia State has done, constitutes, forbear the repetition, some of the most blatant acts of impertinence for the Council's authority and would certainly compromise the image of the Council in the eyes of many people, even (possibly) right thinking people. For it looks now to many people in Abia State that the Council only reluctantly moved to investigate the complaints filed by CRAN against the Hon. Chief Judge, Justice K.O. Amah and that is why it is basically sitting on the sidelines while protagonists of the complaints are being persecuted. We at Access to Justice however do not associate ourselves with these views, and we hold the NJC in high esteem.

What can the NJC do now? Permit us to venture some suggestions.

1. The NJC can urge the Hon. Chief Judge of Abia State, Justice K.O. Amah, through a letter, to see to the lifting of the suspension immediately. The letter should also be copied to the Judicial Service Commission. The letter should draw attention to the implication of the suspension orders on the integrity of the NJC.

2. The NJC may find that the report of the Abia State House of Assembly (Report attached as annexure 7) is itself highly embarrassing and contains information which the Council may wish to take up further. This will not duplicate the Abia House of Assembly's work, as its purpose will be different. For, while the House of Assembly can only concern itself with Hon. Justice K.O. Amah's status as Chief Judge, the NJC can inquire whether the Hon. Chief Judge can continue to exercise the office of a Judge at all. If the Council embarks on this enquiry, it can request the recall of the suspended officers for purposes of carrying on its work and a refusal will amount to the obstruction of the work of the Council which will have its own consequences.

3. Lastly, to prevent events of this kind in the future, the Council can adopt a prophylactic rule that will be made applicable to “whistle blowers”. It could establish a peremptory rule that provides that persons who bring cases before the Council are protected at all times from victimization. Any Chief Judge or Judge who victimizes such persons will be regarded as guilty of misconduct. Complaints of victimization will therefore be admissible by the Council for purposes of investigating whether a Judge or Chief Judge has misconducted him or herself. The Council will reserve to itself the right to determine whether in the circumstances of any case, disciplinary action taken against such “whistle blowers” constitutes victimization. That, in our opinion, will help reduce cases where incidents like this can take place in the future.

Your Lordship, we understand that the NJC will necessarily be under a lot of pressure from wide-ranging challenges it has to confront in its very difficult task. We extend to you our compliments for the tremendous and uplifting work the Council has done thus far. However, Your Lordship, there is a great deal the Council will still need to do to prevent public misperceptions of its independence.

In the course of investigating the Abia State Judiciary story, we found that there were concerns among some CRAN officials about the relationship between the NJC and the Chief Judge of Abia State. Indeed, in the petition CRAN wrote to the Abia House of Assembly, it was said that while Hon. Justice K.O. Amah was being investigated for misconduct, the NJC empanelled him to sit with the Chairperson of the NJC Panel investigating the allegations against him to investigate complaints against another Judge in another state.

“If the Nigerian judiciary had kept up with its tradition of excellence, had held its ground and resisted the strong predatory currents that came against it no one may find convincing reason to advocate radical changes to its hallowed procedures” - Joseph Chu'ma Otteh in a paper titled Why Nigeria must Reform the Judicial Recruitment Procedure, The Guardian March 7, 2004

We cannot confirm this allegation, and indeed, as we said, we hold the NJC and its leadership in very high esteem. But it is important for us to convey this information to Your Lordship, so that if the NJC is not already aware of this insinuation, it can take cognizance of it. Perhaps it might not affect the way the NJC is disposed to the perception, but perhaps it just might. We trust whatever judgments the NJC makes on the issue.

On the final note, Your Lordship, we observe that in an effort to stop the Abia State House of Assembly from investigating Hon. Justice K.O. Amah, he, Hon. Justice K.O. Amah instituted an action against several defendants, including the Speaker, Abia State House of Assembly, the Chairman of the House of Assembly's House Committee on Judiciary and Justice, Hon. Uzo Azubuike, the President of the Customary Court of Appeal, Hon. Justice M.N. Uba, and Mr. A.I. Nwaonumah, President of CRAN (Abia State). While we pick no bones with the Hon. Chief Judge instituting a lawsuit as Plaintiff, we are quite concerned that the National Judicial Council is named also as a co-Plaintiff in a suit in which two persons who had brought complaints against the Hon. Justice K.O. Amah before the NJC are named as defendants.

We are not sure why the NJC is named as a co-Plaintiff in the suit, and why the NJC would choose to be a party in this kind of adversarial proceeding against those who ought, at all times, to remain assured of the NJC's neutrality and impartiality in its work. The impression it might create, we fear, is that the NJC had, all along, been interested in protecting the person of Hon. Justice K.O. Amah, up to the point where it would associate itself with him to ward off efforts of those who complain against him. We thought we should bring this to Your Lordship's attention, because, given the NJC's reputation and standing, we thought the Council may be disturbed finding its name used in this way, and may even possibly be unaware of the use of its name in a suit which was later struck off for lack of prosecution. We have attached copies of some of the processes filed in this suit as Annexure 8.

Thank you, most sincerely, Your Lordship, for reading through this rather lengthy letter, thank you for letting us register some of our concerns, and for your consideration.

Yours sincerely,

Joseph Chu'ma Otteh
Executive Director,
Access to Justice.