Socio-Economic Rights and
Accountability Project (SERAP) has sent
a petition to Ms. Monica Pinto UN
Special Rapporteur on the independence
of judges and lawyers requesting her
to “use your good offices and position to
urgently prevail on the National Judicial
Council (NJC) to suspend the
judgeinvolved in the alleged receipt
of N225, 000 bribe.”
Rickey Tarfa and his Lawyer
The group also asked Ms Pinto to prevail on “the
Nigerian Bar Association (NBA) to ask the Legal
Practitioners Disciplinary Committee (LPDC) to
suspend the lawyer involved in the alleged
payment of N225, 000 bribe in Nigeria, pending the
completion of any investigation and/or final
determination of any trial on the matter.”
The petition dated 19 February 2016 was signed by
SERAP executive director Adetokunbo Mumuni. The
petition reads in part: “SERAP is concerned that
despite these serious allegations of bribery and
corruption, the National Judicial Council has failed
and/or refused to suspend the judge involved
pending any investigation and/or trial of the judge.
Similarly, the Nigerian Bar Association has failed
and/or refused to ask the Legal Practitioners
Disciplinary Committee to suspend the senior
lawyer involved pending the final determination of
the case against him.”
“SERAP is concerned that the allegations of bribery
and corruption such as the alleged payment and
receipt of N225, 000 threaten the very essence of
the independence of the judiciary and the actors in
the legal profession.”
“Such allegations also severely undermine the rule
of law, the public’s confidence in the judiciary,
raise the cost for judicial services because
litigation is driven by corruption instead of by the
legal process, discourage people from resorting to
the formal justice system, and ultimately victimise
the most disadvantaged sectors of the population
who do not have the means to play by the informal
rules set by a corrupt system.”
“The allegations also undermine fair competition
and economic growth, as there is a clear
correlation between the level of economic activity
in a country and an effective judiciary combating
corruption.”
“SERAP believes that the NJC and the NBA are in
the best position to tackle judicial corruption and
corruption within the legal profession, and to
ensure the application of appropriate disciplinary
measures in cases of bribery and corruption such
as the alleged N225, 000 bribe highlighted above.”
“Indeed, both the NJC and the NBA have clear
responsibilities to counter and combat all
manifestations of judicial corruption and corruption
within the legal profession. Therefore, the
continuing failure by the NJC to suspend the judge
involved, and the NBA to ask the LPDC to suspend
the lawyer involved will continue to allow judicial
corruption to grow, undermine the efforts of all
other institutions of governance, and can lead to
impunity.”
“SERAP notes that article 14 of the International
Covenant on Civil and Political Rights recognizes
the principle of equality of all persons before courts
and tribunals and the guarantee of a competent,
independent and impartial tribunal established by
law. However, the enjoyment of the right to a fair,
effective and efficient administration of justice is
impossible if the judiciary and the legal profession
cannot act with integrity.”SERAP therefore urged
Ms Pinto to prevail on both the NJC and the NBA to:
1. Exercise their mandates to deal fairly
with any suspicion or evidence of acts of
corruption;
2. Take measures to strengthen integrity
the bench and the bar, and to prevent
opportunities for corruption among
members of the judiciary;
3. Fully and effectively enforce the codes
of conduct correct, honourable and proper
performance of judges and lawyers;
4. Promptly and adequately investigate
any allegations of corruption in the judiciary
and the legal profession, and to ensure that
any sanction or investigative process
against judges and lawyers does not
undermine the credibility of judiciary and
the legal profession or offend the right to a
fair trial;
5. Place the independence of judges and
lawyers at the centre of their policies aimed
at preventing and combating corruption and
strengthening the rule of law and human
rights;
6. Contribute to strengthening safeguards
for the independence of the judicial system
and safeguards against judicial corruption
in order to ensure the accountability of
judges and lawyers;
7. Encourage judges and lawyers to
discharge their functions with integrity and
impartiality and preserve the dignity of their
profession;
8. Recognize that the requirement of
independence and impartiality of the judicial
and legal professions does not exist for the
benefit of the members of the profession
themselves, but rather for the users of the
justice system, as part of their inalienable
right to a fair trial
It would be recalled that Rickey Tarfa, a senior
Nigerian lawyer, allegedly made phone contacts
with Justice Mohammed Yunusa in a case before
the judge. The Economic and Financial Crimes
Commission (EFCC) alleged that Mr. Tarfa’s law
firm, Rickey Tarfa & Co. paid N225, 000 into
Justice Yunusa’s bank account.
Accountability Project (SERAP) has sent
a petition to Ms. Monica Pinto UN
Special Rapporteur on the independence
of judges and lawyers requesting her
to “use your good offices and position to
urgently prevail on the National Judicial
Council (NJC) to suspend the
judgeinvolved in the alleged receipt
of N225, 000 bribe.”
Rickey Tarfa and his Lawyer
The group also asked Ms Pinto to prevail on “the
Nigerian Bar Association (NBA) to ask the Legal
Practitioners Disciplinary Committee (LPDC) to
suspend the lawyer involved in the alleged
payment of N225, 000 bribe in Nigeria, pending the
completion of any investigation and/or final
determination of any trial on the matter.”
The petition dated 19 February 2016 was signed by
SERAP executive director Adetokunbo Mumuni. The
petition reads in part: “SERAP is concerned that
despite these serious allegations of bribery and
corruption, the National Judicial Council has failed
and/or refused to suspend the judge involved
pending any investigation and/or trial of the judge.
Similarly, the Nigerian Bar Association has failed
and/or refused to ask the Legal Practitioners
Disciplinary Committee to suspend the senior
lawyer involved pending the final determination of
the case against him.”
“SERAP is concerned that the allegations of bribery
and corruption such as the alleged payment and
receipt of N225, 000 threaten the very essence of
the independence of the judiciary and the actors in
the legal profession.”
“Such allegations also severely undermine the rule
of law, the public’s confidence in the judiciary,
raise the cost for judicial services because
litigation is driven by corruption instead of by the
legal process, discourage people from resorting to
the formal justice system, and ultimately victimise
the most disadvantaged sectors of the population
who do not have the means to play by the informal
rules set by a corrupt system.”
“The allegations also undermine fair competition
and economic growth, as there is a clear
correlation between the level of economic activity
in a country and an effective judiciary combating
corruption.”
“SERAP believes that the NJC and the NBA are in
the best position to tackle judicial corruption and
corruption within the legal profession, and to
ensure the application of appropriate disciplinary
measures in cases of bribery and corruption such
as the alleged N225, 000 bribe highlighted above.”
“Indeed, both the NJC and the NBA have clear
responsibilities to counter and combat all
manifestations of judicial corruption and corruption
within the legal profession. Therefore, the
continuing failure by the NJC to suspend the judge
involved, and the NBA to ask the LPDC to suspend
the lawyer involved will continue to allow judicial
corruption to grow, undermine the efforts of all
other institutions of governance, and can lead to
impunity.”
“SERAP notes that article 14 of the International
Covenant on Civil and Political Rights recognizes
the principle of equality of all persons before courts
and tribunals and the guarantee of a competent,
independent and impartial tribunal established by
law. However, the enjoyment of the right to a fair,
effective and efficient administration of justice is
impossible if the judiciary and the legal profession
cannot act with integrity.”SERAP therefore urged
Ms Pinto to prevail on both the NJC and the NBA to:
1. Exercise their mandates to deal fairly
with any suspicion or evidence of acts of
corruption;
2. Take measures to strengthen integrity
the bench and the bar, and to prevent
opportunities for corruption among
members of the judiciary;
3. Fully and effectively enforce the codes
of conduct correct, honourable and proper
performance of judges and lawyers;
4. Promptly and adequately investigate
any allegations of corruption in the judiciary
and the legal profession, and to ensure that
any sanction or investigative process
against judges and lawyers does not
undermine the credibility of judiciary and
the legal profession or offend the right to a
fair trial;
5. Place the independence of judges and
lawyers at the centre of their policies aimed
at preventing and combating corruption and
strengthening the rule of law and human
rights;
6. Contribute to strengthening safeguards
for the independence of the judicial system
and safeguards against judicial corruption
in order to ensure the accountability of
judges and lawyers;
7. Encourage judges and lawyers to
discharge their functions with integrity and
impartiality and preserve the dignity of their
profession;
8. Recognize that the requirement of
independence and impartiality of the judicial
and legal professions does not exist for the
benefit of the members of the profession
themselves, but rather for the users of the
justice system, as part of their inalienable
right to a fair trial
It would be recalled that Rickey Tarfa, a senior
Nigerian lawyer, allegedly made phone contacts
with Justice Mohammed Yunusa in a case before
the judge. The Economic and Financial Crimes
Commission (EFCC) alleged that Mr. Tarfa’s law
firm, Rickey Tarfa & Co. paid N225, 000 into
Justice Yunusa’s bank account.
0 comments:
Post a Comment