Contrary to calls by the Nigeria Bar Association (NBA) and other interest group that all the indicted judges should immediately proceed on suspension pending the determination of their cases, an Abuja based prominent lawyer who has been in the bar for decades, Barr. Moses Adebisi Ofeoshi has stated that only judges indicted by the National Judicial Council (NJC) should step down as NJC is the only constitutional body vested with the powers to discipline judges in the country.
Speaking yesterday on the state of the nation, the legal icon explained that only NJC can determine the fate of the indicted judges so as to bring them to book and not any other body or group adding that those judges found culpable has been recommended for adequate sanctions.
He also spoke on the controversial ruling of an Abuja High Court which recognized the candidature of Alhaji Ali Modu Sheriff led faction of the Peoples Democratic Party (PDP),Jimoh Ibrahim in the fourth coming Ondo gubernatorial election, the legal luminary explained further that “ though the matter might be prejudice to comment on because it is presently in the appeal court, the ruling could not be faulted because who ever that pass that ruling did so based on the facts and evidences presented before him by the parties involved.
“if it was anything short of that the ruling might amount to a judicial rascality for a lower court to have ruled a matter that already decided by the superior court of records. Generally, if the matter has been upheld by an appellate court, the lower court should not have rule in favour of Ali Modu Sheriff faction of the party.
“But that depends on the fact presented before the lower court; there must be certainty in law. The lower court cannot rule against the decision of the appellate court or court of superior jurisdiction. The matter is still before the appeal court so; they may finally set aside the decision of the lower court.
He also spoke on the recent amended Code of Conduct Bureau/Code of Conduct Tribunal Act by the National Assembly saying that it the jurisdiction of the legislature for the nation irrespective of timing or whoever is involved. He opined that Nigerians should learn to look at the institutions and not the personalities involved.
“The legislators have absolute power to make laws that would improve the lot of Nigerians. If the President with hold his accent to the amended law, it is also within his power and wisdom, though there might be consequences.
