The judiciary is not immune to drama, but, unlike the Executive and Legislature, it is often better at managing its crises. 2019 seems to be an exception, write ADEBISI ONANUGA, ERIC IKHILAE and ROBERT EGBE
There probably won’t be another year like 2019 for the judiciary. Or maybe there will. But the third arm of government seems to have lived the Chinese curse – ‘May you live in interesting times’- this year. Three characters, in particular, made the year unforgettable.
Ex-CJN Onnoghen
How often in a country’s lifetime is a Chief Justice indicted, suspended, tried, convicted, sacked and made to forfeit money in his bank account, in just under three months of a tempestuous and, perhaps, an unusual trial?
That was the incredible fate that befell the immediate past Chief Justice of Nigeria (CJN) Walter Onnoghen.
Onnoghen’s trials started when a petition was filed by a civil rights group at the Code of Conduct Bureau (CCB), alleging that he owns “sundry accounts primarily funded through cash deposits made by himself up to as recently as 10 August, 2016, which appear to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.”
His trial commenced on January 14, 2019 at the Code of Conduct Tribunal (CCT) but Onnoghen was absent. It was then adjourned to the following week because he faulted the summon’s procedure.
The next hearing was slated for January 22, 2019 but he did not show up in court again, following which President Muhammadu Buhari controversially suspended him on January 26, and appointed Justice Tanko Ibrahim as Acting CJN, weeks before the presidential election.
Onnoghen’s office was thereafter sealed off by the police, resulting in protests by members of the National Interest Defenders and lawyers at the entrance of the National Secretariat of the Nigerian Bar Association.
The Supreme Court Justice’s suspension caused uproar from political stakeholders, lawyers and even gained international attention.
On April 18, 2019, suspended Chief Justice Walter Onnoghen was convicted of falsely declaring his assets after failing to reveal the money he allegedly held in an undeclared bank accounts. The CCT did not say how much money was in the bank accounts.
The tribunal forfeited the money in the five accounts to the Federal Government.
Justice Onnoghen was also banned from holding public office for 10 years. It was the first time a Chief Justice in Nigeria has been put on trial and convicted.
Buhari was accused of meddling with the judiciary in case the outcome of the election was challenged in court, an allegation the Presidency and the ruling All Progressive Congress (APC) denied.
Buhari received Onoghen’s voluntary resignation letter which was effective from May 28, 2019.
After initial opposition, the National Judicial Commission stated that Onnoghen’s retirement was in Nigeria’s best interest.
CCT and Chairman Umar
The man who convicted Onnoghen was 48-year-old Danladi Umar. At the age of 36, Umar was sworn in as an acting chairman of the CCT. Four years later on July 11, 2011, he was appointed CCT chairman, the youngest person ever to hold the office.
On September 18, 2015, Umar made legal history by becoming the first judge in the country to issue an arrest warrant against a sitting Senate President of Nigeria, Bukola Saraki. On November 16, 2015, he followed it up by issuing warrants for the arraignment of six former governors for falsifying their properties and personal wealth in their assets declaration forms, an offence under Nigerian laws.
But his career milestone so far appears to be the Onnoghen conviction.
Critics questioned Umar’s decision to proceed with the trial and conviction, as well as his conduct of the process. Some of them accused him of disregarding due process, including court orders, and acting out a script to get Onnoghen out of office at all cost. He was advised to recuse himself from trial.
But Umar was unmoved
Matters came to a head when a group asked the Federal Judicial Service Commission to sanction Umar for abusing court processes and granting an ex parte order removing Onnoghen, when he was yet to be convicted. In response, Umar rejected the authority of the National Judicial Council and the Federal Judicial Service Commission.
He said he was not a judicial officer and, therefore, not answerable to any institution but the Presidency.
The CCT and Umar’s role in the Onnoghen saga divided the Bar and raised questions about its true status, with some lawyers, who called for its reform, describing the institution as the President’s “attack dog.”
Responding to the crisis, the publisher of LawNigeria.com, Sam Eleanya, said the CCT and the CCB, “need to quickly exit the administrative shadowing of the Presidency and be seen to have come of age as Nigeria’s constitutionally-established independent platforms for the adjudication and investigation/prosecution of offences under the Constitution and the Code of Conduct.
“If there is anything good to come out of the debacle that the trial of the Chief Justice of Nigeria at the CCT has become, it is this: it presents an opportunity for the people of Nigeria to rescue the CCB and CCT from the Presidency and from every other institution very happy to copulate with the CCB/CCT and thus compromise their effectiveness.
“It is time to strengthen them as designed under the Constitution to fight abuse of office at the roots without fear or favour – no matter how highly placed and regardless of the arm of government involved.
“That is the function designed by the Constitution for the CCB and CCT. As presently operated, administratively, it cannot fulfil those functions.
”Those entrusted with defending the Constitution in all three arms of government and the People of Nigeria should demand nothing less.”
CJN Muhammad
Whatever dreams Justice Ibrahim Tanko Muhammad had about enjoying a peaceful tenure after his appointment as Acting Chief Justice of Nigeria must have faded rapidly in the wake of the uproar that followed his predecessor’s suspension. But the Acting CJN quietly rode the storm until an unforced error created a scene Nigerians won’t forget anytime soon.
On July 17, 2019, Justice Ibrahim was confirmed by the Senate as the Chief Justice of Nigeria (CJN). But during the proceedings at the Senate, Justice Ibrahim was confronted with a question by Senator Enyinnaya Abaribe (representing Abia-South Senatorial District, Abia State under the platform of the Peoples Democratic Party (PDP)]\.
The CJN moved to explain the meaning of “technicality” but gave an explanation that has gone viral for the wrong reasons. Some lawyers felt the definition was unsatisfactory.
Here’s how the Managing Attorney at Splendour Legal Consultants, Samuel Azubuike, responded to the situation in his article ‘Technicality in Law – CJN’s Misfire and the need to Reload.’
He said: “Should the CJN be crucified? No. The CJN might have misfired in his attempt to answer the question posed. No one is beyond this, notwithstanding our expectations from the exalted Office. As lawyers, we are privileged to assist the court always as ministers in the temple of justice. If our leading Oracle of the Law misfires, our job is to help his Lordship reload.
However, whether the Acting CJN was wrong or not became irrelevant soon afterwards following his swearing in as the Chief Justice of Nigeria after his confirmation by the Senate.
Not all gloom and doom
It wasn’t all gloom and doom though.
Across the states judiciary things were moving on as usual or even better than usual. Here are a few of them.
Lagos CJ launches new court rules 2019
For the Lagos Judiciary, the year 2019 was a year of many firsts in the country judiciary.
The year took off with the launch of a new High Court of Lagos State (Civil Procedure) Rules 2019 by the former Chief Judge, Justice Opeyemi Oke, which enforcement will commence January 31.
One of the most significant events of the year was the launch of the Bondsmen system.
Read Also: Judiciary digitisation ‘sacrosanct’, says Ogun CJ
Introduction of Bondsmen
The introduction of Bondsmen on May 2 by Justice Oke was a novelty in the country. It was aimed at combating activities of “professional bailers”.
The event took place at a Stakeholders’ Summit on Actualsing the Law on the Bondsmen and Recovery of Recognizance in Lagos State”. It also marked the inauguration of Practice Direction for the scheme.
Instead of professional bailers, Justice Oke urged individuals and corporate bodies to partner with the Lagos State Judiciary on actualising the bondsman scheme to make bail more accessible to defendants standing trial in courts as done in jurisdictions of developed countries.
She urged them to make necessary applications to join the scheme, emphasising that it has been proven in other jurisdictions that the professional bail bondsmen brings important benefits to the society in which he works.
Justice Oke lamented that no individual or corporate body has applied to be a licensed bondsman and Bonds Company more than eight years after the Bondsmen Regulation of 2011 came into force, in line with Section 138 of the Administration of Criminal Justice Law (ACJL).
She said the introduction of the bondmen was to make bail more accessible to anyone charged with a criminal offence and prevent touting by unlicensed persons and defendants from absconding from trials.
Appointment of Legal
Practitioners as Court Registrars
The year 2019 marked the introduction of the use of legal practitioners as court registrars. To pioneer their appointment, 75 legal practitioners were engaged as court registrars for deployment to High Courts in the state.
Justice Oke, during a workshop for the the court registrars at Peace Hall, Lagos Multidoor Court House, Igbosere, said their appointment was part of efforts to improve justice delivery by injecting professionalism, relevant skills, qualification and competent individuals into the court system.
She said the court registrars would work as head of the judges’ chamber and function effectively to improve operations of the court and plans are on hand to also appoint more legal practitioners as court registrars in the magistrate courts.
Launch of Handbook for Court Registrars
Following the appointment of legal practitioners as court registrars, Justice Oke (rtd), on June 6, launched a handbook for them to ensure an effective service in the state.
The former Chief Judge, who launched the handbook at her pull-out ceremony, stated that it would guide court registrars in their daily duties and ensure that they render effective service.
According to Justice Oke, the appointment of legal practitioners as registrars was to improve service in the judiciary system.
She said the handbook would guide the court registrars and ensure they gave effective service to litigants and the people of Lagos State. The appointment of legal practitioners was novel in the nation’s judiciary and that it was done to improve service.
Launch of new Practice Directions for Administration of Criminal Justice & Restorative Justice
Lagos State Judiciary yet again recorded another first with the launch of Practice Directions for Administration of Criminal Justice Law,(ACJL) and the Restorative Justice that will usher in a new era in criminal justice administration in the state
Justice Oke, during the launch, on June 5, at the High Court of Lagos State, Ikeja, said the Practice Directions was expected to address the myriad of challenges — from ineffective or incomplete investigations and delays in criminal trials, among others — confronting criminal justice administration in the country.
She added that apart from addressing incomplete investigations, the Practice Directions would also realise the goal of expedited trials, improvement in case disposal rates and aid the decongestion of prisons.
Her words: “The Practice Directions are being launched today in keeping with my vision to ensure speedy resolution of our criminal cases and the entrenchment of restorative justice in the administration of justice in Lagos State to create more avenues for access to justice and a holistic approach to criminal justice administration.”
Change of baton at Lagos judiciary
Wednesday, August 21, was a milestone in the Lagos judiciary. It was the day the baton changed from retired Justice Opeyemi Oke to Justice Kazeem Alogba. Gover-nor Babajide Sanwo-Olu on that day swore in Justice Kazeem Alogba as the 17th Chief Judge of the state. Prior to his swearing-in, Justice Alogba was presiding over the state judiciary in acting capacity since June 13.
While taking his oath of office, Justice Alogba pledged to sustain the independence of the judiciary and also to embark on reform of the administration of justice system.
He said his tenure would witness transformation of judicial arm of government, promising to create what he described as “smart judiciary”.
This, he said, will be achieved by deploying technology tools to enable the courts to dispense complicated cases on time.
Lagos presents 50 cars to Magistrates
Perhaps, one rare event that changed the face of the Lagos Judiciary was the presentation of 50 KIA utility vehicles to magistrates by Sanwo-Olu on October 10
Sanwo-Olu, at the presentation, said that his decision to make life moderately comfortable for officials of the judiciary was in recognition of the critical roles the play in the interpretation and application of laws and order for the maintenance of peaceful co-existence across the state.
Ogun digitalises judiciary …sets up witness fund
The year 2019 saw Ogun State digitalising its judiciary. The Chief Judge, Justice Mosunmola Dipeolu, who disclosed this last month, said the digitaliaation of the judiciary and establishment of a Research and Statistics Department was imperative, as it would afford stakeholders access to cases and convictions without subjecting them to unnecessary stress.
Justice Dipeolu said the challenge of identifying persons with criminal records would be a thing of the past with the new trend, initiative and innovation.
“In line with the global trend and the need to have the database and statistics of cases, convictions and other relevant information at our fingertips, it is imperative to establish a database for our cases for quick dispensation of justice, which will also serve as a data collation unit for the state’s judiciary,” Justice Dipeolu said
She added that the department would help the judiciary to collate statistics of the number of Ccriminal and civil cases before High and Magistrate courts, noting that an exact figure of criminal cases awaiting trial, number of criminal cases on prosecution and number of criminal cases on conviction would be in the system.
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