To say that 2020 has been the Judiciary’s year like no other is an understatement. From court shutdowns due to the Coronavirus pandemic, to justice sector facilities vandalised by hoodlums in the wake of the #EndSARS protests, to an epoch-making emergence of Olumide Akpata as Nigerian Bar Association (NBA) President, to the short-lived splinter ‘New NBA’ group. These, among, others, were some of the major events that shaped the justice sector in 2020, write ADEBISI ONANUGA, ERIC IKHILAE and ROBERT EGBE.
COVID-19 impact
Unsure of how to proceed with normal court businesses at the advent of the coronavirus pandemic, most court heads directed shutdown for the first two weeks or more in March this year.
Subsequently, after the Federal Government, through the Presidential Task Force on COVID-19 made public the COVID – Regulations 2020, the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad took the initiative, in his capacity as the head of the judicial arm of government, to direct courts’ heads to scale down court activities as a measure to curb the spread of the virus.
In a circular, marked: NJC/CIR/HOC/11/631 issued on March 23, 2020, the CJN advised courts’ heads to still continue to hear certain cases while keeping social distancing and wearing face masks among other anti-COVID-19 measures.
Justice Muhammad said: “Your lordships are to note that courts are expected to sit particularly to dispense matters that are urgent, essential or time-bound in line with our extant law.”
To find a way around the challenge posed by COVID-19, the National Judicial Council (NJC), at its maiden virtual meeting held between April 22 and 23, 2020 resolved, among others, to set up a committee to work out modalities for how the court could continue to operate in the COVID-19 era.
The 10-man committee, with Justice Olabode Rhodes-Vivour as Chairman, had Justices M. B. Dongban-Mensem (acting President of the Court of Appeal), J. T. Tsoho (Chief Judge, Federal High Court), B. B. Kanyip (President, National Industrial Court of Nigeria), Ishaq Bello (Chief Judge, High Court of the Federal Capital Territory), Kashim Zannah (Chief Judge, Borno State) and O. A. Ojo as members.
Other members were the former President of the Nigerian Bar Association (NBA), Paul Usoro (SAN); his predecessor, Abubakar Mahmoud (SAN) and a Senior Advocate of Nigeria, Damian Dodo.
Based on the committee’s efforts and other expert opinions, courts across the country later adopted virtual proceedings, where applicable along with the protocols recommended by the Federal Government
Desecration of courts
Perhaps the most despicable and unbelievable calamity to befall the judiciary in the out-going year was the desecration of the sector by hijackers of the near-nationwide protests against police brutality.
Beginning from last October 25, hoodlums in Lagos took advantage of the #EndSARS protest to invade the Lagos High Court complex located at Igbosere, generally recognised as the country’s oldest court building.
A video that went viral captured the hoodlums carting away computers, several flat screen televisions, fans, air conditioners, refrigerators, chairs among other items.
The video also showed the hoodlums carting away case files while some dressed themselves in judges’ robes.
Likewise, all cars and other vehicles parked as exhibits within the court premises were vandalised as the hoodlums made away with memory cards, car batteries, stereos among other items before setting the building on fire.
Court facilities were also reportedly vandalised or looted in Abuja, Aba and Calabar, among others.
#EndSARS and jail breaks
In some states, hoodlums took advantage of the #EndSARS protest to break into Correctional Services Centres to set free convicts and the convicted.
The Ikoyi Correctional Centre in Lagos came under attack by prisoners on October 22, with facilities set ablaze and the police and military called in to support prison staff.
Eyewitnesses saw smoke coming from the building, while gunshots were heard from inside the prison as the riot took place.
Videos posted to social media showed inmates in the outdoor area of the prison as security services entered the front of the building.
The attempted prison break came less than a week after a large-scale prison break in Benin City and a similar one in Akure.
Introduction of virtual court sitting/new court procedures
The outbreak of Corona virus (COVID-19) at the tail end of the first quarter also took its toll on the judiciary. Because of the need to maintain safety protocols, the courts had to develop new methods of sitting in order to continue with the task of justice administration.
Lagos State was the first to come up with new court sitting arrangements. The state introduced and legitimised virtual sittings through the use of Zoom and Skype applications.
The state also came up with a new practice direction to legally accommodate the new process.
The new practice direction, signed on April 27 by the Chief Judge, Justice Kazeem Alogba took effect from May 4.
In 26 paragraphs the guidelines allow “use of suitable technology, a just determination of court proceedings as well as an efficient use of available judicial and administrative resources.’’
Under the new practice direction, matters are filed electronically and assessed fees are communicated to counsel through email, WhatsApp, or text message.
Paragraph 16 of the document also provides that “Remote Hearings shall be by Zoom, Skype for business or any other video communication method approved by the Chief Judge.”
Buhari’s interference in judges’ appointments
President Muhammadu Buhari raised eye brows when, during the year, he interfered in the appointment of judges and altered the recommendations of the NJC.
In one of such instances, the President scaled down NJC’s recommendation for the appointment of 32 judges to 11, with many law experts arguing that neither the President nor state governors have the power, under the Constitution, to review the recommendation for judges’ appointment made by the NJC.
Another instance was when President Buhari withheld from the Senate, the recommendations by the NJC for the appointment of Justices for the Supreme Court.
Although he was aware that the Supreme Court, with the capacity for 21 Justices (by the provision of Section 230(1) of the Constitution), was in need of more hands, the President sat on NJC’s first recommendation made on October 23, 2019 for the appointment of four Justices.
They were: Justice Adamu Jauro (North-East Zone), Justice Emmanuel A. Agim (South-South Zone), Justice C. Oseji (South-South Zone) and Justice Helen M. Ogunwumiju (South-West Zone).
The NJC followed up, about 10 months after, with another recommendation on August 14, 2020, recommending Justices Mohammed L. Garba (from the North-West geo-political zone), Tijjani Abubakar (from the North-East Zone), Abdu Aboki (North-West Zone) and Mohammed M. Saulawa (North-west Zone) for elevation from the Court of Appeal to the Supreme Court.
President Buhari only agreed to send both recommendations to the Senate for confirmation in October 2020.
Appointment of new Supreme Court justices
After years of clamour for more Justices to be appointed to the Supreme Court to aid the speedy dispensation of cases, President Muhammadu Buhari in November approved the recommendation by the National Judicial Council for the appointment of eight justices.
Thus, the court got closest to its full complement of justices in recent history.
The confirmation of the nominees followed the consideration of a report by the Senate Committee on Judiciary, Human Rights and Legal Matters.
The addition brought to 20 the number of Supreme Court justices, one short of the full complement of the apex court as enshrined in the constitution.
The new Justices are Justices Lawal Garba, North West; Helen M. Ogunwumiju, South West; Addu Aboki, North West; I. M. M. Saulawa, North West; Adamu Jauro, North East; Samuel C. Oseji, South South; Tijjani Abubakar, North East; and Emmanuel A. Agim, South South.
The Chairman of the Committee, Senator Opeyemi Bamidele (APC – Ekiti Central) said the appointment satisfied the requirement of Sections 230(2) and 232(1) and (2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The appointment ensured that all geo-political zones are represented by three or four Justices, as the case may be, except the North-Central Zone, which will maintain its current two Justices on the apex court bench.
Sack of justices, judges
Justice Abdulkareem Babatunde Abdulrasaq of the Osun State High Court and the Grand Kadi of Yobe State Grand Kadi Shu’aibu A. Talba, were recommended for retirement with immediate effect by the National Judicial Council (NJC).
Exercising its disciplinary powers under the Constitution, the NJC suspended both judicial officers from office pending the approval of the recommendation of their compulsory retirements by the governors in their respective states.
The Council took the decision at its 93rd virtual meeting on December 16, 2020, during which it rejected 18 petitions against 14 judges and equally recommended the appointment of 69 more.
NJC spokesman Soji Oye, who said in a statement on Monday that the Council took the decision at its 93rd virtual meeting on December 16, 2020,
Oye said Justice Talba “was recommended for compulsory retirement following an investigation into a petition against him written by one Malam Zakar Adamu, Chairman, Movement for Justice in Nigeria, alleging that His Lordship falsified his age on two occasions, i.e. from February 1, 1955 to August 27, 1955 and later to December 30, 1959.
He said findings revealed that he was supposed to have retired on 1st February, 2020 by virtue of his declared date of birth of 1st February 1955.
“Council, after deliberation, decided to recommend His Lordship’s compulsory retirement to Governor Mai Mala Buni of Yobe State.
“Furthermore, Council requested the Government of Yobe State to deduct all salaries received by His Lordship from 1st February, 2020 till date, from his gratuity, and remit same to the National Judicial Council that pays salaries of all Judicial Officers in the Federation.”
The NJC recommended Abdulrasaq’s compulsory retired after considering a petition written against him by Chief Yomi Alliyu (SAN) and found merit in his allegation Justice Abdulrasaq “falsified his date of birth from 3rd September, 1955 to 3rd September, 1957.
“Council, therefore, recommended His Lordship’s compulsory retirement to Governor Gboyega Oyetola of Osun State with effect from September 3, 2020. It also requested the Osun State Government to deduct from His Lordship gratuity; salaries received by him from Septembe 3, 2020, and remit same to the National Judicial Council.”
Judges get new cars, houses
Lagos State Governor, Babajide Sanwo-Olu, on Wednesday September 23 presented 51 Sports Utility Vehicles (SUV) and eight houses to judges in the state.
During the official presentation of the vehicles at Ikeja High Court, Mr Sanwo-Olu said the donation is to support the state judiciary and ensure it carries out its functions.
Several other state governors also made similar presentations to judicial officers.
But it was Rivers State Governor Nyesome Wike who hugged the headlines by not only presenting 41 new Range Rover Discovery SUVs to judges last August 3, but also building and handing over 24 duplexes to Judges in Rivers State a month later.
Wike also handed N150 million to Judges who opted for cash payments to build their own houses.
“The Rivers State government now bears full responsibility to provide befitting accommodation for all judicial officers of Rivers state origin beyond your service years for life.
“Judges have a choice to receive a properly built house from the state government or opt for cash payments to build or buy their houses by themselves.
“We are putting practical effect on this promise to commission these 24 duplexes.
“The state government spent the sum of six billion naira to build, furnish and landscape this estate.
“Similarly, 23 of the Judges who opted for cash payment have received the approved sum of N150 million each to build and buy their own house,” the governor said.
Judge who declared Interim National Government illegal dies
The outgoing year also witnessed the exit of some judges, among them was Justice Dolapo Akinsanya who died at the age of 79.
She died on November 5, after a brief illness.
Justice Akinsanya was the judge who on November 10, 1993, declared as illegal, the Interim National Government of Chief Ernest Shonekan.
Akinsanya was born on February 24, 1941 to the Prof Sanya Onabamiro family.
She was in private legal practice between 1966 and 1976 before she joined the Lagos State Ministry of Justice as a Senior Legal Officer. She rose through the ranks as Assistant Director Civil Litigation, Secretary/Legal Adviser, LSDPC, and Director, Civil Litigation, before being appointed a judge of the High Court of Lagos State on October 31, 1989.
The late jurist will be remembered for her role in stabilising the country after Military President, Gen Ibrahim Babangida annulled the June 12, 1993 elections won by the late businessman, Chief MKO Abiola.
Babangida left government on August 26, 1993 and handed over to an Interim National Government (ING) headed by Chief Ernest Shonekan, a former Managing Director of UAC Plc.
Abiola challenged the hand over and the case came before Justice Akinsanya.
Deciding the case on November 10, 1993, the judge held: “President Babangida has no legitimate power to sign a decree after August 26, 1993, after his exit, so the decree is void and of no effect,”.
She ordered that a civilian constitution, which was drawn up under Babangida in 1989 but never implemented, go into effect.
With the judgment, the legality of the ING was determined. The late Gen Sanni Abacha took over government through a coup months later.
Justice Akinsanya retired from the Lagos Judiciary on February 21, 2006. The then governor, Bola Ahmed Tinubu, described Akinsanya as “one of the heroines of the present democracy in Nigeria for the courageous judgement she delivered against the legality of the Interim National Government in November 1993.
The Lagos State Judiciary held a special valedictory court session to honour the late jurist.
The special valedictory court session which held at Ikeja High Court premises attracted the Chief Judge, Justice Kazeem Alogba and other Judges, Magistrates of the Lagos State Judiciary, and other members of the legal community in the country.
Justice Ishola Oluwa dies at 102
The death of Justice Ishola Oluwa preceded that of Justice Akinsanya.
Justice Oluwa died on May 9, 2020. He was 102. He was buried the next day in accordance with Islamic.
While on the bench, Justice Ishola, was a courageous judge and was noted to have handled many armed robbery and land grabbing cases. He was the judge who handled the land case involving the famous land grabber, industrialist and socialite, Jimoh Isola alias Ejigbadero on the murder of one Raji Oba at Alimoso, Lagos in the mid- 1970s.
Many of the landmark judgments delivered by the deceased became judicial precedents that have enriched the Bar and the Bench.
Former Attorney-General Akinjide dies at 88
On April 21, Chief Richard Osuolale Abimbola Akinjide, a legal giant who played prominent roles in Nigeria’s chequered history, passed on.
The late elder statesman was a nationalist, administrator, politician, teacher and journalist whose impact on our legal and political firmaments dates back to the First Republic.
For instance, he served as a Minister of Education in the First Republic government of Prime Minister Abubakar Tafawa Balewa and in the Second Republic was appointed Attorney-General and Minister of Justice in the administration of President Shehu Shagari.
Until his death, he was reputed as the highest-ranked Senior Advocate of Nigeria, SAN.
He attained the highly coveted title of SAN in 1978, at the same time with 12 other well-accomplished lawyers and indeed distinguished personalities, including the late Chief Obafemi Awolowo, Chief Remi Fani-Kayode, Chief Bankole Oki, Chief Kehinde Sofola, Dr. Augustine Nnamani and Professor Ben Nwabueze.
His watch as Attorney-General was noted for the good and bad.
Nigeria temporarily halted the execution of armed robbers, just as it abolished a decree barring exiles from returning to the country, which enabled exiled former military Head of State, General Yakubu Gowon and former secessionist leader, Chief Chukwuemeka Odumegwu-Ojukwu, to return.
Chief Akinjide would probably be better remembered by Nigerians for his role in the Twelve Two-Thirds Supreme Court judgement that hallmarked the 1979 presidential election.
Nigerians will also not forget that he was one of the lawyers who defended Nigeria at the International Court of Justice, ICJ, in the battle for Bakassi Peninsula with the Republic of Cameroun, which Nigeria lost.
Akinjide, who died at 88, was born on November 30, 1930 in Ibadan, Oyo State.
Judges and falsified ages
Rising from its 93rd virtual meeting held on December 16, 2020, the NJC recommended the compulsory retirement of the Grand Kadi of Yobe State, Shu’aibu A. Talba, and Justice Abdulkareem Babatunde Abdulrasaq of the Osun State High Court with immediate effect.
According to NJC’s spokesman, Soji Oye, Talba “was recommended for compulsory retirement following an investigation into a petition against him written by one Malam Zakar Adamu, Chairman, Movement for Justice in Nigeria, alleging that His Lordship falsified his age on two occasions, i.e. from February 1, 1955 to August 27, 1955 and later to 30th December, 1959.
“Findings revealed that he was supposed to have retired on February 1, 2020 by virtue of his declared date of birth of February 1, 1955.”
The NJC also recommended that Abdulrasaq be compulsorily retired after considering a petition written against him by Chief Yomi Alliyu (SAN) and found merit in his allegation Abdulrasaq “falsified his date of birth from September 3, 1955 to Septembe 3, 1957.”
FCT Chief Judge in failed bid for ICC Bench
In the course of the year, President Buhari’s nominee for the Bench of the International Criminal Court (ICC), the Chief Judge of the Federal Capital Territory High Court (FCT), Ishaq Bello was unsuccessful.
According to the results of the poll released by the ICC, Bello polled 12 votes out of the 117 votes in the first round of the election, emerging the second-lowest performer after Milandou Prosper, the nominee of the Republic of Congo.
In the second round, Bello polled five votes out of 110 votes, which represents 4.5 per cent of the total votes cast. The ICC committee had earlier ranked him low amongst the 20 judges nominated in October.
Akpata emerges NBA President
On July 30, Mr Olumide Akpata, emerged winner of the Nigerian Bar Association’s (NBA) national elections, after defeating two other contestants who are Senior Advocates of Nigeria (SANs).
The win made him the NBA’s first non-SAN President in years.
But it was not without crisis, from some Senior Advocates of Nigeria and the body of SANs, who felt the NBA president should only remain with the SANs.
Akpata won the election with a total of 9,891 votes of the total 18,256 ballots cast, while his closest rival, Babatunde Ajibade (SAN) polled 4,328 votes and Dele Adesina (SAN) polled 3,982 votes.
Akpata’s decision to contest for the position was initially met with mixed reactions. However, tweets and other posts seen across various social media platforms suggest that he has managed to meaningfully captivate/appeal to the conscience of the young lawyers who, interestingly, make up the majority of NBA membership.
NBA splits
The dis-invitation of Kaduna Governor, Nasir El-Rufai by the Nigeria Bar Association (NBA) as a speaker at its August Annual General Conference became messy when a splinter group, New Nigeria Bar Association (NNBA), emerged.
Shortly after the controversial election of the new NBA leadership, the dis-invitation of El-Rufai, to the NBA conference as a guest speaker, sparked more crises in the association.
In less than a week after the announcement of its creation, one of the conveners of the New Nigeria Bar Association (NNBA), Abdulbasit Suleiman, claimed 5,000 lawyers had already subscribed to the membership of the NNBA.
The matter was however settled with the intervention of stakeholders from the bar and bench.
CAMA Law
On August 7, 2020, President Muhammadu Buhari gave his assent to the Companies and Allied Matters (CAMA) bill becoming law. The new law introduced provisions to reflect modern commercial realities as well as reduce compliance costs and regulatory hurdles for businesses in Nigeria.
However, a lot of controversies trailed the passing of the bill. While some saw it as a welcome idea, others saw it as a move by the government to gag the church.
The Christian Association of Nigeria, CAN, Pentecostal Fellowship of Nigeria, PFN, and other religious bodies which have traditionally promoted the principle of “separation of the Church and the State”, believe that it gives the government the power to manipulate the law against its core interests and values.
Also, a prominent advocacy group, the Social and Economic Rights and Accountability Project, SERAP, asked the government to rescind assent to the law and send it back to the National Assembly to delete its “repressive” provisions.
It threatened to sue if its requests were ignored.
Appointment of 72 SANs
For the first time in the history of the nation’s Judiciary, 72 lawyers were conferred with the rank of Senior Advocate of Nigeria (SAN) at a time at 143rd plenary session of the Legal Practitioners’ Privileges Committee (LPPC) held on November 13, 2020.
The closest number was the previous year when 38 lawyers got the rank.
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