Access to Justice has insisted the National Judicial Council, NJC, must disclose its inquiry status into petition alleging Justice Chidiebere Uwa, a Justice of the Court of Appeal and nominee as a Supreme Court Justice may have abused her office, as judge and violated the Code of Conduct for Judicial Officers.
Access to Justice made the demand in a statement signed by its Convener, Joseph Otteh, just after Justice Chidiebere Uwa’s name was shortlisted by the Federal Judicial Service Commission, FJSC, for consideration by the National Judicial Council, NJC, for recommendation as a Supreme Court Justice
According to A2Justice, in the statement made available to Nigeria Check Newspaper on Friday, December 2023, it had last year written a letter to the NJC, requesting the Chief Justice of Nigeria, CJN, to review and investigate allegations made some years ago against Justice Uwa, when a High Court Judge of Abia State, over abuses of her office.
A2Justice had requested the NJC to investigate a petition by a former Chairman of Abia South Local Government, Dr. G. C. Duru, in 2005, alleging Justice Chidiebere Uwa, then a High Court Judge of extortion, bribery and intimidation and determine whether it is appropriate to offer Justice Uwa a position on Nigeria’s highest court, the Supreme Court.
It doubted that the NJC ever conducted any investigation into the complaint, considering that the original author of the complaints noted that the NJC never called him to come forward with any evidence, including bank tellers, showing transactions he claimed had taken place.
A2Justice also believes that representations made to the Independent Corrupt Practices and Other Offences Commission, ICPC, asking the Commission to conduct investigations into the allegations were thrown into the waste bin.
It noted that the ICPC only responded to its representations after two years, that it could not take further actions on the matter, in its words, “that while there was “actus reus” on the part of Justice Uwa, there was no “mens rea” on her part to commit the offence.”
In view of her recent nomination, Access to Justice is now requesting the NJC and the ICPC to make public the outcome of their investigations to show Nigerians whether, in view of the preceding narratives, Justice Uwa had not violated the Code of Conduct for Judicial Officers, and whether she is, in the circumstances, a fit for an appointment to the Supreme Court of Nigeria, Nigeria’s highest court.
Full text of A2Justice statement:
Access to Justice Media Advisory: 15th Dec. 2023
Last year, Access to Justice, upon noting the name of Hon. Justice Chidiebere Uwa JCA, was amongst those shortlisted by the Federal Judicial Service Commission, FJSC, for consideration by the National Judicial Council, NJC, for recommendation as a Supreme Court Justice, wrote the NJC, requesting the Chief Justice of Nigeria, CJN, to review allegations made some years ago against Hon. Justice Uwa, then a High Court Judge of Abia State, alleging abuses of office and determine whether it is appropriate to offer Hon. Justice Uwa a position on Nigeria’s highest court, A2Justice advocacy is rooted in facts which have a little history.
Background
In 2005, one Dr. G. C. Duru, then Chairman of Abia South Local Government wrote a petition against Hon. Justice Chidiebere Uwa, then a High Court Judge, alleging extortion, bribery and intimidation against her. Access to Justice further made representations to the NJC asking it to inquire into the allegations, and, after many reminders, the NJC finally declined to make known the results of its investigation, saying they were classified.
Doubting that the NJC conducted any investigation into the complaint, given particularly that the original author of the complaints said, at the time, that the NJC never called him to come forward with the evidence, including bank tellers showing the transactions he claimed had taken place, Access to Justice made further representations to the Independent Corrupt Practices and Other Offences Commission, ICPC, asking the Commission to conduct investigations into the allegations by the Petitioner. After two years, the ICPC determined that it could not take further action on the matter, given, in its words, that while there was “actus reus” on the part of Hon. Justice Uwa, there was no “mens rea” on her part to commit the offence. However, a remarkable finding of the ICPC was that Hon. Justice Uwa indeed solicited funds from the Petitioner on behalf of FIDA, although the Commission said there was no evidence that the funds were actually transferred to FIDA. The fuller narrative of this story is contained in an excerpt from The Justice Observatory Journal, pub. by Access to Justice (2009, vol. 6) attached to this advisory.
NJC Still Has Not Responded
Last year, Access to Justice requested the NJC to investigate whether, in view of the preceding narrative above, Hon. Justice Uwa had not grievously violated the Code of Conduct for Judicial Officers, and whether she was, in the circumstances, a fitting candidate for appointment to the Supreme Court of Nigeria, Nigeria’s highest court. Up till this time, the NJC has not given Access to Justice a response. This is why Access to Justice has now followed up with a reminder to the NJC. The earlier letter written to the NJC in 2022 is also attached.
Thank you for your help in placing this in the public space.
Joseph Otteh
Convener, Access to Justice.