In an interview with Vanguard, former Abia State Attorney-General Prof. Awa Kalu, SAN commended the National Judicial Council (NJC) for recently sanctioning some judges over misconduct, saying it clears the way for law enforcement to criminally prosecute judges who broke the law.

“If you are unable to serve because of your age, then you have to take time off to go,” Kalu said regarding two judges sanctioned for falsifying their ages. “If you have sat illegally, you have to return what you earned while on the seat.”

Kalu explained that once the NJC concludes its disciplinary process, it opens the door for agencies to file any applicable criminal charges. “The NJC is not a court of law. It deals with administrative matters,” he noted. “But as long as you function as a judicial officer at the time of breaking the law, the NJC will visit you.”

Regarding the controversial arrest of activist Dele Farotimi over alleged defamation of lawyer Afe Babalola, Kalu urged calm now that Farotimi has been granted bail. “Let him plan his action and let the court decide on whether he has committed an offence or not,” he said. “When we throw this matter to the media or social media, it is very difficult to smell a rat.”

Kalu said he does not fully understand the judiciary’s calls for “full financial autonomy” and believes clearly delineating state versus federal judicial responsibilities would help. He warned that the judiciary’s legitimacy could be lost “overnight” if it had full control of funds and a judge was accused of embezzlement.

On the controversial tax reform bill, Kalu said President Buhari has done his job by presenting it to the National Assembly and the legislature should now “either deal with it or leave it in abeyance” rather than engage in a “politics” and a media debate that “cannot be easily understood by the man on the street.”

The wide-ranging interview touched on several hot-button legal issues facing Nigeria, with the senior advocate striking a measured tone in dissecting the matters and proffering potential solutions.

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