Justice Mahmud Mohammed, Chief Justice of Nigeria:

Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to Justice Mahmud Mohammed, Chief Justice of Nigeria in his capacity as the Chairman of the National Judicial Council (NJC) seeking explanations on what “he and the NJC knew or had reason to know regarding the report to them on 1st February, 2016 by Justice John Inyang Okoro of Supreme Court on the alleged visit by Mr Rotimi Amaechi, Minister of Transportation to his (Justice Okoro) official residence.

Justice Okoro had in a letter to the NJC, following his arrest by the Department of State Services, DSS over corruption allegations alleged that the secret police moved against him because of his refusal to do the bidding of the Minister in respect of Appeals emanating from Rivers, Akwa Ibom and Abia States gubernatorial election.

The embattled Justice had alleged that Amaechi sought his help to ensure that candidates of All Progressives Congress, APC were declared winners of gubernatorial elections in the three States won by the Peoples Democratic Party, PDP in the 2015 general elections.

“Justice Okoro in his recent letter to your Lordship stated that he reported to you the alleged visit by Mr Amaechi to his official residence to allegedly discuss how to win election Appeals in respect of Rivers State, Akwa Ibom State and Abia State. Justice Okoro also said that he told your Lordship about the visit of Mr. Umana Umana to his residence to allegedly make the same request of assistance to win the appeal at the Supreme Court,” SERAP said in the letter dated 21 October 2016 and signed by its executive director Adetokunbo Mumuni.

“We consider these allegations as constituting a serious threat to the independence, impartiality and accountability of the judiciary, and should in the ordinary course of duties, have prompted action from your Lordship and the NJC to wit: undertaking prompt, thorough and transparent investigations, and where there is prima-facie evidence of political interference in the judicial system, to report the matter to the appropriate anticorruption commissions and agencies for further investigation and possible prosecution,” the organisation noted.

While noting that that NJC has a responsibility to support judges in dealing with alleged corrupt inducements that are offered or the threats they receive, such as the allegations in this case,” SERAP therefore poses these questions to the CJN in respect of claims of Justice Okoro: : “First, is it correct to suggest that Justice Okoro reported to you and the NJC on 1st February, 2016 his alleged meeting at his official residence with Mr Rotimi Amaechi? Was Justice Okoro’s report documented by your Lordship and the NJC? If so, Nigerians would like to hear from your Lordship and the NJC whether Justice Okoro’s report was ever discussed, and what action, if any, was taken by your Lordship and the NJC to respond to the allegations raised in his report?”

“Second, is it fair to suggest that your Lordship and the NJC knew, or had reason to know, that the alleged visit by Mr Amaechi to Justice Okoro’s official residence would constitute a case of political interference in the judicial system and a corruption offence under Nigerian laws and the UN Convention against Corruption to which Nigeria is a state party?”

“Third, after the alleged visit was brought to the attention of your Lordship and the NJC, did your Lordship and the NJC take any step to promptly and thoroughly investigate the matter further? Fourth, would your Lordship and the NJC agree that the alleged visit to Justice Okoro’s official residence to discuss election Appeals has seriously undermined the public trust and confidence in the judiciary, and the image of the judiciary as the last hope of the common man?”

“Fifth, is it correct to suggest that it is part of the inherent and implicit constitutional duties of the NJC to ensure that the judiciary as a whole does not lay itself open to the risk of political interference, manipulation and coercion to act in a certain way? Is it also correct to suggest that such duties require the NJC to promptly and thoroughly investigate allegations of political interference in the judicial system, that is, when those in political power allegedly use their influence to force or induce judges to act and rule according to their interests and not in accordance with the application of the law?”

“Sixth, would your Lordship and the NJC accept that the alleged visit by Mr Amaechi to the official residence of Justice Okoro to allegedly discuss election Appeals was motivated, facilitated and encouraged by the apparent failure by the NJC to ensure, as part of its inherent and implicit constitutional duties: (1) that system was in place to ensure prompt and thorough investigation of allegations of political interference in the judicial system and where there is prima facie evidence, to refer such allegations to appropriate anticorruption commissions and agencies for further investigation and possible prosecution, in strict accordance with the standards of national laws and international law including the UN Convention against Corruption; (2) that any such system was operating in a continuous and effective manner?”

“Seventh, would your Lordship and the NJC proceed to establish a system to ensure prompt and thorough investigation of allegations of political interference in the judicial system, and then ensure that through such system the alleged visit of Mr Amaechi to Justice Okoro’s official residence is promptly and thoroughly investigated by the NJC, and where there is prima facie evidence of political interference, that the matter is promptly referred to appropriate anti corruption commissions and agencies for further investigation and possible prosecution?”

“Nigerians are eagerly awaiting clarifications from your Lordship and the NJC on the issues raised above.”