Judicial Conduct Committee Sets Aside Dismissal Of Okah’s Complaint Against Chief Justice Zondo

The Judicial Conduct Com­mittee (JCC) has set aside the previous dismissal involving former MEND leader Henry Okah complaint against Chief Justice Zondo and referred the matter to the Acting Chairper­son for a full inquiry.

The Committee referred the matter while acting on section 17 of the Judicial Service Com­mission Act.

Henry Okah, a Nigerian na­tional and former leader of the Movement for the Emancipa­tion of the Niger Delta (MEND) was arrested in South Africa for alleged terrorist activities car­ried out in Nigeria,

Okah was tried and convict­ed in the High Court, receiving a 24-year prison sentence—a sen­tence he is currently serving in South Africa.

Over the years, he has repeat­edly challenged his conviction and sentence, even appealing to the Constitutional Court. Okah contends that his incarceration breaches both section 37 of the Nigerian Constitution, which safeguards citizens’ privacy and rights, and Article 5 of the Third Geneva Convention of 1949, arguing that he should be considered a prisoner of war under international law. Despite his efforts, his appeals have not been successful.

Originally, Mr. Okah filed a complaint against Chief Justice Zondo under the provisions of the Judicial Service Commis­sion Act.

The Acting Chairperson had summarily dismissed his com­plaint under section 15(2) of the Act, which allows for dismissal if the complaint is found to be defective, frivolous, or lacking in substance. However, under section 15(5) of the Act, a com­plainant dissatisfied with such a dismissal has the right to appeal the decision within one month of receiving notice.

Exercising this right, Mr. Okah appealed the dismissal. The Judicial Conduct Commit­tee, comprising Justices Jafta, Saldulker, and Mabindla-Bo­qwana, reviewed the appeal and ruled in his favour.

In their decision, they de­termined that the previous dis­missal was premature and set it aside.

Consequently, the matter has now been remitted to the Acting Chairperson for a comprehen­sive inquiry under section 17 of the Act.