Thread by @Abulaws01

HON. JUSTICE ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, (J.C.A) had this to say in the case of NGANJIWA v. FEDERAL REPUBLIC OF NIGERIA (2017) LPELR-43391(CA).

"It must be expressly stated that if a judicial officer commits theft, fraud, murder or manslaughter, arson and the likes,.....

WHICH ARE CRIMES COMMITTED OUTSIDE THE SCOPE OF THE PERFORMANCE OF HIS OFFICIAL FUNCTIONS, he may be arrested, interrogated and prosecuted accordingly by the State DIRECTLY without recourse to the NJC.

.. These classes of criminal acts are not envisaged and captured by the provisions of PARAGRAPH 21, PART 1 OF THE THIRD SCHEDULE. On the other hand, if any Judicial Officer COMMITS A PROFESSIONAL MISCONDUCT WITHIN THE SCOPE OF HIS DUTY and is investigated, arrested and....

...subsequently prosecuted by security agents without a formal complaint/report to the NJC, it will be a usurpation of the latter's constitutionally guaranteed powers under Section 158 and Paragraph 21 Part 1 of the Third Schedule, thereby inhibiting, and interfering with and....

.. obstructing the NJC from carrying out its disciplinary control over erring judicial officers as clearly provided by the Constitution.''

I think the question that begs for an answer is whether the failure of the CJN to declare some of his assets (as alleged) is a misconduct within the scope of his duties that requires the matter be first brought to the attention of the NJC or not?

There is also the urgent need to distinguish the case of NGANJIWA vs FRN from the present case. Justice Nganjiwa was arrested and prosecuted for unlawfully enriching himself (in the cause of discharging his duties as a judicial officer),...

Whereas, the failure of the CJN to declare some of his assets in contravention of the Constitution is the issue at hand here.

With utmost respect to those who have opined that a judicial officer cannot /can never be prosecuted without recourse to the NJC, I believe strongly that Nganjiwa's case has unequivocally spelt out instances where such opinion could be correct and otherwise...

I do not think declaration of assets could qualify as a professional misconduct within the scope of duty of a judicial officer. I'm rather of the firm view that failure to declare assets as prescribed by the Constitution is an infraction which contravened the constitution....

... and outside d function of a judicial officer jst like we av in d instant case. Hence, CJN #Onnoghen cld be prosecuted for hs allegd failure to declare som of hs assets without any rcos 2 NJC, same not being an offence committed in d course of dischargng hs official functions