HELD:

"I think that a holistic and purposive application of those provisions would help a proper balancing of the competing imperatives so that the public enforcement of criminal law against serving judicial officer would have regard to and not destroy the protection of the independence of the Courts and so that protection of the independence of the Courts must not defeat the enforcement of criminal law.

HELD:

"In this process, it is useful to call to mind the established practice on how to interpret and apply a national constitution.

HELD:

"I am of the firm view that the submissions and arguments of learned senior counsel for the Appellant cannot sail through in the light of the powers of the National Judicial Council as provided under Paragraph 21 (b) to the Third Schedule of the Constitution.

HELD:

"The institution of criminal proceedings by an executive agent of government against a serving judicial officer without first recourse to the National Judicial Council is unconstitutional, and the proceedings would be null and void and of no effect.

HELD:

"A condition precedent is an additional formality super-imposed on the law. Per MOHAMMED, JSC, in AMADI V. NNPC (2000) LPELR - 445(SC) (PP. 55-56 PARAS. F).

HELD:

HELD:

"the contention of J. S. Okutepa, SAN, learned senior counsel for the appellant, is that the prosecutorial power that is constitutionally - donated to the State must take precedent over any administrative disciplinary proceeding of the NJC.

HELD:

"One final word on this issue, Okutepa, SAN, learned senior counsel for the appellant, cited Garba v University of Maiduguri [1986] 1 NWLR (pt 18) 550, Denloye v Medical and Dental Practitioners Disciplinary Committee [1968] 1 ANLR 306, 311, Sofekun v Akinyemi [1980] NSCC 175, 184 - 185.

HELD:

"Section 158 (1) (supra) provides inter alia In exercising its powers ... to exercise disciplinary control over persons, ... the National Judicial Council, ... shall not be subject to the direction or control of any other authority or person [Italics supplied for emphasis] On its part, paragraph 21 (b) of the Third Schedule to the said Constitution provides that:

HELD:

"it is only appropriate to begin with Okutepa, SAN's invitation to "construe and interpret" the said constitutional provisions, Luckily, I have had occasion to deal with this in Sky Bank v Iwu (2017) LPELR - 42595 (SC) 26 - 32; B- F. Speaking for this Court, Nweze, JSC, had these to say: