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Tag: Acting Chief Justice of Nigeria (CJN)

  • Don’t condone injustice, Acting CJN tells judges

    Acting Chief Justice of Nigeria (CJN) Justice Ibrahim Muhammad has asked judges not to condone injustice in the exercise of their powers and to keep the interest of the citizens at heart always.

    Muhammed noted that democracy thrives where the fundamental principle of state and free and fair elections are guaranteed.

    He stated that the Judiciary serves as the sole arm of government empowered under the Constitution to reconcile the interest of “the powerful” with those of “the voiceless poor”.

    Muhammad spoke in Abuja on Monday at the opening ceremony of the 2019 refresher course for Judges and Kadis, held at the National Judicial Institute (NJI).

    The Acting CJN said: “Our nascent democracy has to be nurtured, consolidated and developed even as we will be faced with the arduous task of adjudicating over election petitions as we are in an election year.

    “We must be constantly reminded that democracy, in itself, is nothing if fundamental principles enshrined in the Constitution of this nation cannot be readily determined in constitutional adjudication by a Judiciary manned by upright judicial officers.

    “This is premised on the fact that, as the society depends on justice, those who are singularly advantaged to do justice to all manner of persons, must ensure that they themselves are standing erect far away from all manners of injustice.

    “In this light, I must not fail to emphasise at this forum, that judges are enjoined to ensure the protection of constitutionally enshrined human rights of the citizens.

    “Our institution, the Judiciary, is the only arm of government vested with such powers. The interest of the powerful must always be reconciled with those of the voiceless poor.

    “This is a constitutional function which the courts in this country must continuously pursue. It is heart-warming that our courts have lived up to expectation in perilous times which our dear country has faced in the past and we must continue to do so.

    “In addition, my lords, we must remain sensitive to the fact that the Constitution imposes on all of us obligations to interpret the law and adjudicate impartially.

    “The courts must, at all times, be prepared to interpret the Constitution, relevant statutes and to serve as an arbiter to litigants at minimum costs.

    “This process amongst others can rapidly enhance the true comprehension of our constitutional provisions as a step towards the identification of the grey areas requiring future amendments, modifications, alterations, and/or even complete deletion,” Muhammad said.

    The Administrator of the NJI, Justice R. P. I. Bozimo, hailed the choice of the event’s theme: “Repositioning the Judiciary for better Justice delivery.”

    She said the choice of them was informed by the institute’s conviction that judicial integrity and the rule of law form the core underlying principles of justice and the bedrock of democracy.

  • CJN appointment: Onnoghen’s kinsmen plead with Buhari

    CJN appointment: Onnoghen’s kinsmen plead with Buhari

    Kinsmen of the Acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen have appealed to President Mohammadu Buhari not to deny their person the opportunity of heading the nation’s Judiciary by sending his name to the Senate for confirmation in substantive capacity.

    Speaking under a group, the Cross River State Elders Forum (CRSEF), the senior citizens appealed to the President to comply with the provision of Section 231(1) of the Constitution by sending Onnoghen’s name to the Senate for confirmation.

    The group’s spokesman, Lawrence Alobi, a retired Police Commissioner in Federal Capital Territory, Abuja, told journalists in Abuja yesterday that nobody from the southern part of the country had occupied the office of the CJN for the past 30 years.

    Alobi, who noted that the non-confirmation of Onoghen had started igniting suspicion and concerns, said the constitutionality of the appointment of CJN was already generating “a lot of controversy” across the country.

    Alobi said: “In keeping with his oath of office, Mr. President accordingly appointed Justice Walter Onnoghen as acting CJN.

    “We thank Mr. President for finding him worthy of appointment to the exalted office.

    “However, the president has not forwarded his name to the Senate as provided under section 231(1) of 1999 Nigerian constitution (as amended), and Justice Onnoghen has been acting for almost three months.

    “This has concomitantly raised suspicion and great concern among most Nigerians, bearing in mind that for the past 30 years no southerner has been appointed as CJN, which is contrry to principle of equity and fairness.

    “In fact, the issue of the constitutionality of the appointment of Justice Walter Onnoghen as substantive CJN, has generated a lot of controversy across our political spectrum, which of course is not healthy for the stability as a nation.

    “We therefore humbly and passionately appeal that the President and Acting President, as a matter of urgent national importance, should do the needful and forward Justice Onnoghen’s name to the Senate for confirmation as the substantive CJN, in compliance with section 231(1) of 1999 Constitution (as amended),” he said.

    Alobi also pledged his people’s “loyalty and support” for the Buhari-led administration’s efforts “to checkmate corruption, fix our economy and also enthrone moral leadership at all levels of government to promote integrity in our polity and public institutions.

    “We, the Elders of Cross River State Forum, pray that the Almighty God should grant President Muhammadu Buhari a speedy recovery and a safe return to the country in good health,” Alobi said.

  • Adegboruwa to court: stop Buhari from replacing Onnoghen

    Adegboruwa to court: stop Buhari from replacing Onnoghen

    Human rights lawyer Ebun-Olu Adegboruwa on Tuesday sued President Muhammadu Buhari at the Federal High Court in Lagos over the non-confirmation of Acting Chief Justice of Nigeria (CJN), Walter Onnoghen.
    Vice-President Yemi Osinbajo, the Senate, the National Judicial Council, Justice Onnoghen and the Attorney-General of the Federation (AGF) Abubakar Malami (SAN) are the other defendants.
    Adegboruwa is asking the court to direct the President, and in his absence the Vice-President, to forward Justice Onnoghen’s name to the Senate for confirmation as CJN forthwith.
    Walter OnnoghenHe is also praying for an order of injunction restraining the President and the Vice-President from appointing another candidate as CJN apart from Justice Onnoghen, who is the most senior justice of the Supreme Court.
    Adegboruwa wants the court to stop the Senate from accepting, entertaining, deliberating upon or considering the nomination of any other candidate that may be forwarded to it by the President or the Vice-President.
    He sought an order of injunction to restrain the National Judicial Council (NJC) from entertaining any request to consider another candidate for the office of CJN apart from Onnoghen who has already been selected.
    The lawyer is seeking a declaration that under section 292 (i) (a) of the 1999 Constitution, the failure to forward Onoghen’s name to the Senate for confirmation amounts to his compulsory retirement in a manner that is inconsistent with the due process of law and is, therefore, unconstitutional, illegal, null and void.
    He also wants the court to hold that by virtue of section 153(1), Paragraph 21 of the Third Schedule and section 231 (1-5) of the Constitution, the NJC is the only body authorised by law to select and recommend any candidate for appointment as CJN.
    Among others, he wants the court to hold that Onoghen is the fit and proper person to be appointed as the CJN upon his selection and recommendation by the NJC.
    No date has been fixed for the hearing.
  • Bage, Galinje appointed as Justices of S/Court

    Bage, Galinje appointed as Justices of S/Court

    President Muhammadu Buhari, on Friday approved the appointment of Justices Sidi Bage and Paul Galinje, as Justices of the Supreme Court of Nigeria on the recommendation of the National Judicial Council (NJC).

    Mr Soji Oye, the council’s Acting Director of Information, made the disclosure in a statement made available to newsmen on Friday in Abuja.

    Oye said the two Justices would be sworn-in by Justice Walter Onnoghen, the Acting Chief Justice of Nigeria (CJN) on Dec. 5.

    The News Agency of Nigeria (NAN) reports that Bage and Galinje are from Nasarawa and Taraba state respectively.

  • Acting CJN blames corruption for ineffective pension system

    Acting CJN blames corruption for ineffective pension system

    …PENCOM DG seeks Judiciary’s support

     

    The Acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has attributed the ineffectiveness of the nation’s pension system to corruption and poor application of existing laws.

    He said the pension system will achieve its intended objective where players in the sector are guided by accountability and commitment to existing regulations.

    Justice Onnoghen spoke in Abuja Thursday at a two-day sensitisation workshop on the Contributory Pension Scheme (CPS) for Justices, judges and senior judicial officers, organised by the National Pension Commission (PENCOM).

    The Acting CJN said:”We owe a duty to this generation and generations yet unborn to help ensure that pensioners, who devoted their lives and strengths in the service of Nigeria, receive their pension benefits as and when due.

    “To consolidate this consciousness, we must support the Federal Government’s fight against corruption.

    “Here lies the need for objectivity and impartiality by regulatory officials, accountability by pension administrators and transparency by pension fund custodians and other stakeholders,” he said.

    Justice Onnoghen noted that some of the key challenges of the pension system include how well pension assets are managed; how well enabling laws and regulations are implemented; how well pensioner are treated, and how well the laws and regulations are fairly applied and interpreted.

    He added that the successful resolution of the identified challenges will guarantee that every person, who worked in either the public or private sector receives his retirement benefits as and when due.

    “I must caution that technicalities by lawyers and attitudes of certain employers, pension administrators and pension custodians must, in no way, hamper the good objectives of the Federal Government,” Justice Onnoghen said.

    PENCOM’s Director General, Mrs. Chinelo Ahonu-Amazu explained that the workshop was intended to familiarise participants, particularly the Justices and judges on the innovative provisions of the Pension Reform Act (PRA) 2014.

    She said better understanding of the provisions of the new pension law by judicial officers will allow for prompt and effective resolution of pension disputes.

    “As it is with all new initiatives, the implementation process often results in certain challenges, and disputes may arise due to lack of adequate understanding of responsibilities on the part of stakeholders or misconstruction of the provisions of the Act.

    “Furthermore, in the course of enforcing compliance on recalcitrant employers by the commission, some disputes emanate that are ultimately resolved in the courts.

    “Therefore, the important role of the Judiciary in ensuring that the pension reform remains on course and deepened, as enshrined in the PRA 2014 cannot be over-emphasised,” the PENCOM DG said.

    Heads of courts, at the event are – Justices Zainab Bulkachuwa (President, Court of Appeal), Ibrahim Buba (Chief Judge, Federal High Court) and Babatunde Adejumo (President, National Industrial Court) assured of their support in ensuring the realisation of the objectives of PRA 2014.

    Justice Adejumo, who noted that the support of lawyers was necessary to achieve success, suggested that PENCOM organise similar workshops for legal practitioners.

     

  • Ondo: Supreme Court approves delivery of withheld judgments

    Ondo: Supreme Court approves delivery of withheld judgments

    …Appeal Court’s panel may deliver judgments today

     

    The Supreme Court Tuesday directed the special panel of the Court of Appeal hearing the various appeals on the disputes over the leadership of the People’s Democratic Party (PDP) and its choice of candidate in Ondo State to resume its suspended proceedings.

    A five-man panel of the apex court led by the Acting Chief Justice of Nigeria (CJN), Walter Onnoghen, in a unanimous decision, shortly after ruling on a motion by some members of the PDP state executives in the Southwest states led by the party’s factional Chairman in Ondo, Biyi Pororye, directed the panel of the Appeal Court to resume its suspended proceedings and deliver pending judgments and rulings.

    The three-man panel led by Justice Ibrahim Saulawa had on November 18 suspended proceedings to await the directive of the Supreme Court on when to resume proceedings.

    Justice Saulawa had, while announcing the suspension, said judgments in the appeals by the substituted PDP candidate in Ondo, Eyitayo Jegede (marked: CA/A/551C/2016) and that by factional leaders of the party, Ahmed Makarfi and Ben Obi (CA/A/551/2016) and other businesses of the panel in relation to all the cases will be suspended pending the decision of the Supreme Court on a motion of stay of proceedings pending before it.

    At the Supreme Court yesterday, Beluolisa Nwofor (SAN), lawyer to the nine appellants/applicants, led by the factional Chairman of PDP in Ondo, Biyi Poroye, applied to withdraw the motion he had filed asking the Supreme Court to order a stay of proceedings at the Court of Appeal pending the determination of his client’s appeals.

    Respondents lawyers, including Wole Olanipekun (SAN) did not object to Nwofor’s application to withdraw his motion, but urged the court to dismiss it rather than striking out the application, on the grounds that parties have joined issues on the motion.

    In a brief ruling, Justice Onnoghen dismissed the motion for stay of proceedings, a decision supported by other members of the five-man panel.

    Nwofor consequently argued his other motion seeking among others an order voiding the proceedings on the Appeal Court’s panel conducted on November 16 (during which it heard the appeal by Jegede); an order disbanding the panel and an order restraining its members from proceeding with its scheduled judgments.

    He argued that by refusing to stay proceedings, members of the panel – Justices Saulawa, Ignatius Agube and Goerge Mbaba – “have betrayed their oath of office in their deliberate refusal to be bound by the principles of judicial precedent and stare decisis and refused to be bound by their own Rulings delivered on November, 8,2016 in appeal marked: CA/A/402/2016: People’s Democratic Party v. Chief Benson Akingboye and ors, and CA/A/402A/2016 by Sen Ahmed Makarfi vs Chief Benson Akingboye and ors.”

    Nwofor furher argued that the panel’s continued conduct of proceedings, despite being aware of an appeal pending at the Supreme Court, the pendency of a motion for stay of proceedings and the fact that the appeal had been entered, amounted to ” flagrant and blatant breach of the doctrine of lis pendens, stare decisis and violation of required respect of the Supreme Court.”

    In their counter arguments, lawyers to the respondents, including Olanipekun, faulted Nwofor’s motion and urged the court to dismiss it on the grounds that its prayers were not only ungrantable, the inclusion of the names of the Justices of the Court of Appeal as individual parties in the motion was wrong.

    Ruling, the court upheld the arguments by Olanipekun and others and dismissed the motion for lacking in merit. It described the motion as part of the applicants’ pranks to continue to frustrate proceedings in the case

    The court awarded N500, 000 cost in favour of each of the respondents. It also ordered Nwofor to pay personally, N1m, as cost, to each of the Justices of the Appeal Court’s panel, for suing them in their personal capacity.

    Justice Onnoghen, in the lead ruling, said: “I have observed that earlier in the proceedings this morning, learned senior counsel for the appellants/applicants, B.E. I. Nwofor (SAN) had applied for the withdrawal of the motion for stay of proceedings in the lower court, which motion was consequently dismissed by the court as issues had been joined by the parties thereto before the withdrawal.

    “The above being the case, it is very clear, and I agree with the submissions of learned senior counsel for 1st respondent, Chief Olanipekun (SAN) that the dismissal of the motion for stay of proceedings, on which the orders in this motion in question were predicated, has rendered the prayers 1 to 3 there in academic and liable to be discountenanced.

    “Secondly, it is on record that applicants have joined the 5th to 7th respondents, who are honourable Justices of the Court of Appeal, who were constituted by the appropriate authorities of that court, to hear and determine the matter in the lower, in their personal capacities in this motion. They were not parties before the lower court and whatever they did was in their official capacity, as it is judicial officers performing their official duties.

    “The joining of the Justices in this manner is not only in attempt to intimidate and scandalise the court, but to put it mildly, in very bad taste. And should consequently be discouraged. It is settled law that judicial officers enjoy immunity in the performance of their judicial functions and are not liable to be subjected to this kind of intimidation

    “It is on record that applicants have earlier petitioned an earlier panel constituted to hear the matter, as a result of which the present panel was constituted by the President of the Court of Appeal. If the applicants are allowed, in the circumstance, to continue with these pranks, there will be no end in sight, and it will not augur well for the development of democracy and administration of justice in this country.

    “In the circumstance, I find not merit, whatsoever in the motion. I consequently dismiss same with the cost of N500, 000 to each set of the respondents represented by Chief Olanipekun (SAN) and Robert Emukperuo in each of the applications.

    It is further ordered that the cost of N1m is hereby awarded in favour of 5th to 7th, 3rd to 5th and 4th to 6th respondents respectively in each of the application in SC/947/2016, SC/950/2016 and SC/952/2016 to be paid personally by BEI Nwofor (SAN),” Justice Onnoghen said.

    The Acting CJN, who noted that 14 different appeals were currently before the court in relation to the issues pending before the Appeal Court’s panel, directed that the panel be allowed to continue and conclude all pending proceedings before it to allow for a clearer picture of the main issues to be resolved by the Supreme Court.

    “The lower court must proceed with the hearing and determination of the matters before it forthwith. The panel (of the Court of Appeal) is to continue with the matters forthwith. A decision must be reached in the cases. If you come back here, we will confine ourselves to the main business,” Justice Onnohnen said.

    He consequently adjourned to November 24 for hearing of the pending appeals.

    Meawhile, it was learnt Tuesday that the Justice Saulawa-led panel may deliver its suspended judgments and rulings today.

    The Nation learnt yesterday that in view of the fact that time was of the essence and that the Ondo governorship election will hold this Saturday, the Court of Appeal panel cannot afford to delay its decisions any further.

    A lawyer in the case, who did not want to be named, said “we are hopeful that the panel will render its decisions Wednesday This is because of the need for us to have this issue resolved before the election.”

    When The Nation visited the Court of Appeal in Abuja yesterday evening the ceremonial court, being used by the panel, was lacked. An official told The nation that parties would be notified beforehand when the panel was ready to deliver its judgments. He said he could not rule out the possibility of the judgments being delivered Wednesday.

     

     

  • Buhari swears in Onnoghen as Acting CJN

    Buhari swears in Onnoghen as Acting CJN

    • Seeks judiciary’s cooperation in fight against corruption, insecurity, economy boost

    President Muhammadu Buhari on Thursday swore in Walter Samuel Onnoghen (Cross River) as the Acting Chief Justice of Nigeria (CJN).

    At the occasion in the Council Chamber of the State House, the President sought for the judiciary’s cooperation in the fight against corruption, insecurity, and to boost the Nigerian economy.

    He said: “I congratulate the new acting CJN to come at a time that the institution that he is going to head to play his role of the constitutional bodies after the executive the judiciary and legislature at this trying time for our nation.

    “Trying time in the sense of the three identifiable problems this country is facing . Physical security, the problem of economy and corruption.

    “In this room contains the constitutional bodies that are responsible for bringing Nigeria back into line in terms of security and managing it efficiently while making sure that the economy is resuscitated and that security of doing business at all stages in the country is free and fair.” He added

    He said that he was honored to say goodbye to the immediate past CJN, Mahmud Muhammed, who just retired from office.

    Congratulating him for the time spent in the position, the President wished him best of luck in his retired life.

    Onnoghen was sworn in based on Section 230 subsection (iv) and Section 231 subsection (I) of the 1999 Constitution of Nigeria.

    As the most senior justice of the Supreme Court, he took over from the immediate past CJN.

    His appointment is due for confirmation by the Senate.

    Speaking at the occasion, he thanked God for making it possible for him to be sworn in as the Acting CJN.

    Towards having a befitting judiciary for the country, he pledged his support to Buhari’s anti-corruption fight in the judiciary.

    He said: “In this state of our development and with your Programme in tow, I assure you of the full cooperation of the third arm of government in the continuation of the war against corruption and misconduct in the judiciary.

    “I intend to carry on where my predecessors stop, modify certain areas but with the general ultimate goal of having a better judiciary befitting the nation Nigeria.

    “Thank you for the confidence repose on me and by the grace of God we shall succeed.” He stated

    Speaking with State House correspondents at the end of the ceremony, the immediate past Chief Justice of Nigeria Justice Mahmud Mohammed said that there is need for all Nigerians to help fish out corrupt elements within the society, including the judiciary

    He said: “We agree, corruption is everywhere, but you see we are all Nigerians but in the judiciary, it is there we need the assistance of all Nigerians to help fish out those corrupt elements within us so that we could fight with vigour to deliver a clean judiciary for the nation to fight against corruption and to assist in revamping the economy for the interest of this nation in order to secure economy all over because the judiciary has a big role to play in every aspect of our lives.”

    Based on abridged profile of Onnoghen released to journalists, he was born on 22nd December, 1950 at Okurike Town, Biase L.G.A. of Cross River State.

    He attended the Presbyterian Primary School, Okurike Town between 1959 and 1966 and later proceeded to Accra, Ghana to attend Odorgorno Secondary School, Adabraka, between 1967 and 1972 for his West African Examinations Council (WAEC) Exams.

    He was at Accra Academy, Ghana between 1972 and 1974 for his WAEC (A-Levels) before proceeding to the University of Ghana, Legon, between 1974 and 1977 to obtain his Bachelor of Law Degree (LL.B (Hons)) and graduated with 2nd Class Upper Division and was among the best graduating students.

    He attended the Nigerian Law School, Victoria Island, Lagos between 1977 and 1978 for his B.L certificate.

    He completed his compulsory National Youth Service Scheme (NYSC) in July 1979.

    His previous professional appointments/positions held included: Pupil State Counsel, Lagos State, (1978 – 1979), Partner in the Law Firm of Effiom Ekong & Company, Calabar (1979 – 1988), Principal Partner/Head of Chambers of Walter Onnoghen & Associates, Calabar (1988 -1989), Chairman, Cross River State Armed Robbery and Fire Arms Tribunal (1990 – 1993).

    Others included Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar (1996). Chairman, Failed Banks Tribunal, Ibadan Zone (1998), High Court Judge, Cross River State Judiciary (1989 – 1998)
    Justice of the Court of Appeal (Nov 1998-June 2005).

    He was also appointed a Justice of the Supreme Court of Nigeria (JSC) since 2005. He is also a Justice of the Supreme Court of The Gambia.

    A Fellow, Chartered Institute of Arbitrators, Fellow of the Nigerian Institute of Advanced Legal Studies and Fellow of the National Judicial Institute, Hon. Justice Onnoghen has attended several conferences and seminars within and outside Nigeria and presented scholarly papers.

    He is a member of the Body of Benchers and Life Bencher; Chairman, Governing Council of the Nigerian Institute of Advanced Legal Studies, and Vice-Chairman, Legal Practitioners’ Privileges Committee among others.

    Hon. Justice Onnoghen, who is currently the most senior Justice of the Supreme Court, is married with children.