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National Assembly has no powers to probe judges – LEDAP

The Legal Defence and Assistance Project, LEDAP, has urged the National Assembly to steer clear the ongoing prosecution of judges by the federal government.

National Co-ordinator of LEDAP, Chino Obiagwu on Sunday said federal lawmakers have no powers to do so.

He said the legislature has no oversight powers over judicial officers under the constitutional principle of separation of powers entrenched in sections 4, 5 and 6 of the 1999 Constitution.

“LEDAP draws the attention of the National Assembly that under the Constitution, it is only the National Judicial Council (NJC) that has the power of control and discipline of judges and justices of superior courts in Nigeria,” Obiagwu told Daily Trust.

“Any interference by the legislature or the executive into the conduct of judges in carrying out their judicial functions will amount to unlawful interference with the independence of the judiciary.

“The 1999 Constitution unlike the legal framework of past military regimes, has consolidated the independence of the judiciary and established the NJC as the only body responsible for management of the judiciary”.

Chino lamented the raid and arrest of judges and justices by the DSS, saying such has led to unconstitutional interference such as the decision of the Senate to invite the embattled judges.

Obiagwu hinted that LEDAP will approach the courts to seek orders restraining any such invitation or summon of the arrested judicial officers which, according to him, amounts to attempt to intimidation.

LEDAP also charged the Nigerian Bar Association (NBA) to resist attempts by the executive and legislature to control and manage the judiciary.

“Such situation will on the long run denigrate the judiciary and legal profession and threaten the rule of law,” it said.

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