A judicial advocacy group, Access to Justice, has asked the National Judicial Council to disclose the status of its inquiry into a petition alleging that Hon. Justice Chidiebere Uwa, Justice of the Court of Appeal and nominee for Supreme Court Justice may have abused her office and violated the Code of Conduct for judicial officers.
This is contained in a document signed by Joseph Otteh, Convener, Access to Justice and obtained by SaharaReporters on Sunday
The organisation noted that Uwa was amongst those shortlisted by the Federal Judicial Service Commission (FJSC) for consideration by the NJC for recommendation.
According to the petition against Hon. Justice Chidiebere Uwa, then a High Court Judge, alleging extortion, bribery and intimidation against her, Access to Justice made representations to the NJC asking it to investigate the allegations.
It said that after many reminders, the NJC finally declined to make known the results of its investigation, saying they were classified.
The statement reads in part, “The Federal Judicial Service Commission (FJSC) recently circulated a list of the names of Justices it had shortlisted to forward to the National Judicial Council (NJC) for its consideration for appointment to offices of Justices of the Supreme Court. One name on the list is that of Hon. Justice Chidiebere Uwa, a current Justice of the Court of Appeal.
“Access to Justice respectfully raises an objection to the consideration of Hon. Justice Chidiebere Uwa for appointment to the Supreme Court on the grounds that allegations of corruption and abuse of office were made against her while she was still a High Court Judge and those allegations have not been completely resolved. And they raise very important problems for an appointment into Nigeria’s highest court, the Supreme Court of Nigeria. Below is a summary of the facts upon which this petition is based.
“In 2005, one Dr. G.C. Duru a former Chairman of the Aba South Local Government of Abia State wrote a petition against Hon. Justice C. Uwa, then a Judge of the Abia State High Court, to the NJC accusing the Judge of extortion, intimidation and corruption.
In the petition, Dr. Duru said, “I have my witnesses, the bank teller/accounts and other relevant documents to prove all the things I have herein stated against Her Lordship”.
On receiving Dr. Duru’s petition, the Chief Justice of Nigeria at that time forwarded Dr. Duru’s petition to Hon. Justice C. Uwa for her comments, and wrote the Petitioner Dr. Duru to assure him that he would ‘… be informed of future developments.’
“It did not appear that Dr. Duru was informed of anything further on the matter neither, it would appear, was he asked to produce the evidence he had in “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.
“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 he 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 the story is contained in an excerpt from the Justice Observatory Journal, published by Access to Justice (2009, vol. 6) and 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,” it said.
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