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| Hon. Justice Abubakar Mahmud Talba |
By: Tobi Soniyi
The National Judicial Council has suspended Hon. Justice
Abubakar Mahmud Talba of the Abuja High Court from office for a period of
twelve months without pay.
The council also issued a serious warning against Justice
Okechukwu Okeke of the Federal High Court.
Talba was suspended from office sequel to the findings by
the council that he did not exercise his discretion judicially and judiciously with
regard to the sentences he passed on Mr. John Yakubu Yusuf who was convicted
for stealing N1.3 billion meant for payment of
pension and gratuities of retired
policemen.
A statement issued in Abuja Friday and signed by the council's Acting Director,
Information, Mr Soji Oye, said the
council warned Talba not to abuse his discretion again.
The statement reads: "The National Judicial Council, in
the exercise of its disciplinary powers under the 1999 Constitution of the
Federal Republic of Nigeria as amended, also issued serious warning to Hon.
Justice Talba to desist from unreasonable exercise of judicial discretion in
all matters brought before him."
The decision on Justice Talba is the recommendation that
emerged from the council's two-day meeting in Abuja which ended on Thursday.
The council had set up a panel to further investigate the judge and produce a
detailed report of what had transpired between Yusuf and Justice Talba.
Petitions against four justices of the Court of Appeal are
also being investigated by the committee that probed Justice Talba's case.
THISDAY could however not confirm the identity of the appeal court justices as
the source would not reveal their names.
But it's expected that the council would consider the
committee's report on the 18 petitions when it meets on June 13.
Justice Talba had on January 28, convicted Yusufu, a
director in the Police Pension Office, who pleaded guilty to the charges that
he conspired with six other accused persons and stole about N23 billion from
the Police Pension Fund.
The sentence which allowed Yusuf to avoid prison after
paying N750,000 fine was widely condemned.
Following the public outcry, petitions were written to the
NJC against Justice Talba.
He was consequently queried and a committee was set up to
investigate him.
The council at its
Emergency Meeting held on February 20,
set up a Fact-Finding Committee to investigate the allegations levelled against
Talba in the Police Pension case of FRN Vs Esai Dangabar and 5 Ors.
The committee found that Justice Talba did not exercise his
discretion properly when he allowed the convicted pensions director to avoid
jail.
The judge had consistently maintained his innocence and denied
any wrong doing.
The council however, observed that the Economic and Financial Crimes Commission
(EFCC) substituted the charge against Talba with another charge that carried
lesser punishment.
In the withdrawn charge which was brought under Section 315
of the Penal Code Yusuf faced ten count charges which carried a maximum jail
term of 14 years and fine.
NJC stated that EFCC counsel had substituted the earlier
charge with another charge with only three counts under Section 309 of the
Penal Code that moulded a lesser punishment of two years imprisonment with or
without option of fine.
On the various petitions written against Hon. Justice
Okechukwu Okeke of the Federal High Court who is to retire from service on May
18, this year, the council considered his responses and decided to seriously
warn him.
Justice Talba's suspension is the third such sanction by the
NJC since the appointment of Justice Mariam Aloma Mukhtar as Chief Justice of
Nigeria. But while Talba would return to his job in 12 months, the other two
judges - Justice Charles Archibong of the Federal High Court and Justice T.D.
Naron of the Plateau State High Court - had a more severe sanction. The NJC
ordered their compulsory retirement.
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