Sagay: Recalled judges can still be charged

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However, Presiden-tial Advisory Committee Against Corruption (PACAC) chairman, Professor Itse Sagay (SAN), is of the view that the recall of the suspended judges does not foreclose their being charged, although he says he has no objection to their recall since they have not been charged.

Sagay, in his reaction, said if they are eventually charged with any offence in future, the NJC would decide whether to suspend them again.

His words: “Their recall is to be expected. Since the raid occurred, if there was a substantial case against them, they should have been charged to court. So, I have no personal objection to what the NJC has directed.

“However, their recall doesn’t mean a charge cannot be brought against any of them. If a charge is ready it’ll be filed and then the case will go on. It’ll then depend on the NJC to decide at that time whether they should continue sitting, but that cannot stop the case from going on.”

Activist lawyer Chief Mike Ozekhome (SAN), said the judges’ recall was long overdue.

With respect to Justice Ademola whose case was dismissed, he said: “Until the appellate court upturns the earlier judgment of the lower court, such judgement subsists and is enforceable.

“The only exception is if there was a stay of execution, since a mere appeal does not operate as a stay of execution.

“It is, therefore, right for the NJC to recall the judges to work. It was even too late in coming,” he said.

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