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Tag: Aloma Mukhtar

  • Don’t lobby for positions, ex-CJN urges women

    A former Chief Justice of Nigeria (CJN), Aloma Mukhtar, on Wednesday in Ibadan urged women not to lobby for positions but work hard to distinguish themselves.

    Mukhtar made the call at the 2018 National Women Summit of the Oyo State Officials’ Wives Association (OYSOWA).

    The former CJN, who spoke on the challenges facing women in Nigeria, also urged them not to compromise on their principles in the bid to achieve fame.

    Citing her rise to the peak of the judiciary, she said women could distinguish themselves without necessarily compromising and “ without necessarily trying to push yourself into a situation whereby you are not allowed to function the way you should function.’’

    “Just put your trust in God, your faith in Him, work hard, persevere and be patient, ” Mukhtar added.

    The wife of the Oyo State governor, Mrs Florence Ajimobi, said OYSOWA was established in 2012 to help in solving problems encountered by women and youths in the state.

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    “Against all odds, the challenges we face cannot demoralise us because we are resilient; they are only a test of our superior ability and strength, and we will overcome them as well as achieve our dreams and aspirations.

    “We should never give up on our aspirations and back out when all hope seems lost.

    “ Always learn that the only way you are going to get to anywhere in life is to work hard and be consistent,” Ajimobi said.

    In their goodwill messages, the wife of the Delta governor, Mrs Edith Okowa, the wife of the former Lagos State governor, Mrs Emmanuella Fashola and the guest of honour, Mrs Yemisi Jenkins, all urged women to support each other to achieve set goals.

    The News Agency of Nigeria (NAN) reports that the conference had as theme: “ Against All Odds.’’

     

  • CJN writes governors, FCT minister on fiscal autonomy for judiciary

    The Chief Justice of Nigeria, Justice Aloma Mukhtar, has written to all states governors and the Minister of the Federal Capital Territory (FCT) on the need for them to comply with the judgment that granted fiscal autonomy to the Judiciary and declared illegal the instalmental release of its annual allocation by the executive.

    The CJN also notified them that by the judgment delivered on January 13 by Justice Adeniyi Ademola of the Federal High Court, Abuja, the judiciary was no longer required to submit its budget to the executive for inclusion as an item on its Annual Appropriation Bill to the legislature.

    Also, all administrative heads of courts in the country, under the aegis of the Association of Court Registrars and Judiciary Staff Union of Nigeria (ACRJSUN) have resolved not to submit their various courts’ budgets for next year to the executive for scrutiny. In compliance with the January judgment, they vowed to send their budgets directly to the appropriate legislative houses.

    These were made public in a statement issued on Wednesday by the media aide to the CJN, Ahuraka Yusuf Isah, on the resolutions taken at a joint meeting held in Abuja on Tuesday by Court Registrars and members of the Judiciary Staff Union of Nigeria (JUSUN).

    It was agreed at the meeting jointly chaired by the Chief Registrar of the Supreme Court, Sunday Olorundahunsi, and the JUSUN president, Marwan Adamu, that it would amount to contempt of court to submit budget proposals to the federal and states budget and planning office or commission.

    They also agreed that federal and state judiciaries should not obey or condone budgetary ceilings likely to be placed by the Federal Government and some state governors to subvert judiciary financial autonomy.

     

  • SANs and corrupt judges

    SANs and corrupt judges

    •CJN’s criticism of the senior advocates is understandable  

    The assertion by the Chief Justice of Nigeria, Justice Aloma Mukhtar (CJN) that Senior Advocates of Nigeria (SANs) who defend corrupt judges are equally guilty of corruption is a weighty indictment of her frustration with the judicial process. For, ordinarily, under our judicial system, courts encourage the appointment of pro bono counsel to defend the poor, charged with criminal offence. But corrupt judges understandably are a different kettle of fish, for most of them are stupendously rich, and can afford to hire the best legal minds to marshal their defence.  So what is likely irking the CJN is the effort by such lawyers to employ subterfuge and filibustering to frustrate the prosecution of corrupt judges.

    In essence, the CJN is throwing the dice back at those who accuse the judiciary of corruption, to say that, the fight against the heinous crime of corruption in the judiciary cannot be left to the administrative and judicial authorities alone. Justice Aloma Muhktar, who doubles as the Chairman of the National Judicial Council (NJC), the body constitutionally charged with the discipline of judges spoke at the Judicial Reforms Conference co-organised by the Nigerian Bar Association.

    In her remarks, she said “we (the NJC) receive petitions and we have always tried to hear from both sides. But many times many affected judges complain that they are not given fair hearing. Some will come with as many as six SANs. Those SANs who go with them are equally guilty”. She also said: “the NJC is trying its best to ensure that those that are corrupt or that have cases of misconduct proved against them are shown the way out”.

    As head of the judiciary, Justice Mukhtar cannot be averse to the intricate adversary judicial process that we practice, which deems an accused innocent until proven guilty, neither could she be opposed to the fundamental right of an accused to be defended by a counsel of his or her choice. We believe that the point the learned CJN is making is not that we should not follow the law, but that we should not use the law to frustrate the society, and we agree with her on that. That perhaps explains why the constitution imbues the NJC with a quasi-judicial authority to, among other things, discipline corrupt judges. The body populated mainly by judges and lawyers is like a peer review, but with the constitutional power to sanction.

    Because we believe that it will also be constitutionally impossible to limit the intervention of the courts and the lawyers in the process of dealing with corruption in the judiciary, we think the solution lies with strengthening the criminal justice system of which the judicial process is the anchor. That is perhaps why the indictment of senior lawyers by the learned CJN should also extend to other institutions in the administration of our criminal justice process. For, it is this tenuous criminal justice process that lawyers exploit to compound the difficult effort by the NJC to bring indicted corrupt judges to book, whether at the administrative level or even when the matter is adjudicated in the open court.

    Indeed, we believe that if forensic evidence is procured indicting a judge; and the trial court/administrative authority is untainted, then it will be difficult for any lawyer to employ any antics to frustrate the process. We also appreciate that the learned CJN was by her exhortations urging lawyers to exert moral rectitude in their business; after all they are first and foremost officers in the temple of justice. The import is that no effort should be spared to cleanse the judiciary of corruption.

  • CJN accuses SANs of aiding corruption in Judiciary

    CJN accuses SANs of aiding corruption in Judiciary

    Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, yesterday accused some Senior Advocates of Nigeria (SANs) of encouraging corruption in the Judiciary.

    She wondered why so many of them would agree to represent a judge who has been accused of graft at a mere disciplinary hearing of the National Judicial Council (NJC).

    “I think the SANs are equally guilty,” Justice Mukhtar said.

    The CJN spoke yesterday in Abuja at the opening ceremony of a three-day Judicial Reforms Conference, with the theme: Putting Our Best Foot Forward: The Judiciary and the Challenges of Satisfying Justice Needs of the 21st Century. It was jointly organised by the Nigerian Bar Association’s (NBA’s) Judiciary Committee, the United Nations Office on Drugs and Crime (UNODC) and Access to Justice, with the support of Open Society Initiative for West Africa and the NJC’s Performance Evaluation Committee.

    Justice Mukhtar noted that such SANs must be “working in tandem” with the judges under probe.

    According to her, corruption remains the Judiciary’s major problem and NJC ensures that judges found culpable “are shown the way out”.

    She said: “Corruption has become a real cankerworm that has refused to depart. We receive petitions and we have always tried to hear from both sides because many times, many affected judges complain that they are not given fair hearing.

    “Some judges come with as many as six SANs to defend them. I think the SANs are equally guilty. There was one that came with about six SANS, which showed they were working in tandem.”

    The CJN said many lawyers were quick to accuse the Judiciary of being corrupt, yet refuse to report corrupt judges to the NJC.

    Justice Mukhtar said: “You (lawyers) all know those judges that are corrupt. You all do but you won’t report. You will be the one who will raise the issue that the Judiciary is corrupt, but you will not do your part.”

    On independence of the Judiciary, the CJN said insufficient funding should not be an excuse for a Chief Judge to make a “nuisance” of himself at a Government House.

    “I tell chief judges to manage what they have. Chief judges should maintain a distance. We should try as much as possible to resist interference from the two other arms of government. The constitution guarantees our independence and we should strive to establish this,” she said.

    Chief Justice of South Africa, Justice Mogoeng Reetsang Mogoeng, said the Judiciary has what it takes to lead in the turnaround of Africa’s image.

    He urged the Judiciary to be “ruthless” in dealing with corruption, adding that this was the only way it could develop the moral courage to deal with corruption in the society.

    “If there is one institution that can demonstrate that power can be exercised without corruption, it is the Judiciary. We have to start it. Only then can we deal as harshly as possible with corrupt people when they’re brought before us,” Mogoeng said.

    NBA President Okey Wali (SAN) said: “The government must recognise that the Judiciary is the third arm of government.”

    He urged the Federal Government to obey a recent judgment of the Federal High Court, Abuja, which ordered that the Judiciary be funded directly rather than through the Executive.

    “The NBA reiterates that government must recognise that it is only existence of a virile, fearless and independent judiciary that can guarantee an enduring democratic government and the maintenance of law and order,” Wali added.

     

  • NJC and corruption of justice

    NJC and corruption of justice

    Paradoxically, it is not so clear where the National Judicial Council (NJC) stands in the temple of justice. With all due respect, the body has succeeded in sullying its image as the highest decision making organ of the Nigerian judiciary, despite the public optimism that ushered in its head and Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, when in 2012 she became the first female CJN and promised reforms and sanitisation of the judiciary.

    However, this expectation has come into question following recent developments that put NJC in a negative light. Top of the unflattering issues is perhaps the apparently unresolved matter involving the Rivers State Chief Judge, Peter Agumagu, who was sworn in by the governor, Rotimi Amaechi, on March 18, contrary to the NJC’s stance backing Justice Daisy Okocha for the position on the basis of being the most senior judge in the state judiciary.

    It is noteworthy that Amaechi formalised Agumagu’s appointment after a Federal High Court ruling by Justice Lambo Akanbi, who declared, “With greatest respect to the National Judicial Commission, who is my employer, I cannot allow the argument of the defence counsel that the governor must accept the recommendation of the NJC.”  According to the judge, “The body that is most suitable to make recommendation of a nominee as a chief judge of the state is the state Judicial Service Commission (SJC) because they have local knowledge of the most suitable candidate than the National Judicial Commission.”

    Moreover, he stated, it was not mandatory under Nigerian law that the most senior judge be appointed the state’s chief judge, adding that the official qualification was that the concerned individual must have spent at least 10 years on the bench. Since Agumagu, who was then the President of the Rivers Customary Appeal Court met this qualification, there was no issue about his appointment, he reasoned.

    Certainly, if the NJC had a problem with the judgment, it was expected to follow the path of the law, being itself a symbol of the law, with all the implications of truth and fairness. Amazingly, however, the NJC not only announced the suspension of Agumagu for alleged disobedience; it also reportedly queried Justice Akanbi. That is how things stand now, which is not easy to understand.

    What made the NJC’s moves particularly puzzling and even disturbing is the fact that it appeared to have disappointingly contradicted itself, given that in the same period it had supposedly demonstrated a sense of fair dealing that was evidently missing in the case of Agumagu and Akanbi.  To be specific, it was the same body that recommended to President Goodluck Jonathan the compulsory retirement from office of Justice G.K. Olotu of the Federal High Court and Justice U.A. Inyang of the High Court of Justice of the Federal Capital Territory, Abuja, “for gross misconduct.” Also, it was the same body that queried Justice Danlami Senchi of the Abuja High Court and issued warning letters to Justice Dalhatu Adamu, the Presiding Justice of the Court of Appeal, Kaduna Division; Justice A.A. Adeleye of the High Court of Justice, Ekiti State; and Justice D.O. Amaechina of the High Court of Justice, Anambra State.

    Now, with the benefit of insight into the seeming corruption of justice in Rivers State, it would appear that the NJC may not be beyond reasonable doubt concerning some of its actions after all.

     

  • Kalu grieves

    Kalu grieves

    A former Abia State Governor Orji Uzor Kalu has expressed shock over the demise of former Supreme Court judge, Justice Chukwudifu Oputa, last Sunday.

    The former governor reflected on the eminent jurist’s life and man’s limited time on earth and how each person will one day be lowered underside the earth forever.

    Kalu described the death of Justice Oputa as one of “death’s errors and betrayals”.

    He added: “The news of the death of Pa Oputa came to me overseas, when I was in one of my joyful moods. I was immediately thrown aback, shouting: ‘This is one of death’s errors and betrayals’.”

    The former governor said he was consoled by the fact that the late jurist established a great relationship with the living, adding that death could not close this.

    According to him, it is not easy for Nigerians and the world to forget the late Justice Oputa, especially because he established a strong relationship with all who came across him.

    “So, it is not easy to fill the gap that the death of Justice Oputa has created,” Kalu said.

    The frontline entrepreneur stressed that the late Justice Oputa was not like cowards, who die many times before their real death.

    According to him, Justice Oputa’s lifetime makes the living to remember that uprightness and commitment to living makes living worthwhile.

    Kalu urged all and sundry to live a life worth of emulation, not a life of climbing on the backs of others and weighing them down into emptiness.

     

     

  • CJN, NJI to judges: have proper understanding of FoI Act

    CJN, NJI to judges: have proper understanding of FoI Act

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar and Administrator, National Judicial Institute (NJI) Justice Umaru Eri, have urged judges to familiarise themselves with the provisions of the Freedom of Information (FOI) Act to enable them effectively discharge their responsibilities under the Act.

    They argued that a proper understanding of the provisions of the Act by judges will enable them effectively adjudicate on disputes brought before them under the Act. They noted that judicial officers do not appear to fully appreciate the provisions of the law.

    They spoke in Abuja at a refresher course for judicial officers on Information and Communication Technology (ICT) and the FOI Act organised by the NJI. Its theme was “Enhancing judicial performance through the use of Information and Communication Technology”.

    Referring to the FOI Act, Justice Mukhtar said: “This piece of legislation has become a watershed in the Nigerian human rights jurisprudence. It becomes imperative that judicial officers have proper understanding of the Act, its requirement and means of compliance.

    “This is because the judiciary has been vested with the exclusive jurisdiction over the interpretation of the provisions of the Act,” the CJN said.

    Represented by Justice John Fabiyi of the Supreme, the CJN also stressed the importance of ICT in the opesration of today’s judiciary.

    “Our judicial officers have no choice than to key into this process of ICT otherwise they may find themselves quite unsuitable for the 21st Century Nigeria judiciary. The rapid developments in ICT opened up new opportunities that were unthinkable only a few years ago.”

    Justice Eri observed that the FOI Act has radically altered in a most fundamental way, how the three organs of government relate with the ordinary citizens.

    “It supersedes the Official Secrets Act of 1911 and the relevant provisions of both the criminal and penal codes, amongst other laws and relevant aspects of the extant Civil Service Rules.”

     

     

     

     

     

     

     

     

  • CJN, NJI chiefs frown at ‘delayed’ justice dispensation

    •Seek improved ICT deployment to courts

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, and the Administrator of the National Judicial Institute (NJI), Justice Umaru Eri, have expressed discomfort over the slow pace of justice delivery in the country.

    They blamed this on the low application of computers and other information and communications devices in the operations of the court.

    The duo advocated an improved application of information and communications technology (ICT) in the operations of the court to ensure prompt disposal of cases.

    Justices Mukhtar and Eri spoke in Abuja at an ICT workshop for magistrates, with the theme: Enhancing the Capacity of the Magistrate Courts Through the Use of ICT.

    Justice Mukhtar said: “The issue of delay in disposal of cases in our courts is of great concern me. There is an urgent need to increase the speed of disposal of cases. Consequently, the use of ICT has proffered solutions to this problem.

    “The computerisation of the Judiciary will allow for easy integration and cost effective solutions to capture, organise and retrieve a wide range of information across many locations and easily exchange data effectively with colleagues and court users.”

    The CJN, who was represented by Justice Suleiman Galadanci, noted that in a democratic setting, the ultimate goal of any government, especially the Judiciary, was the provision of an enabling environment for an un-impeded access to justice and the sustenance of the framework to preserve the rule of law.

    “The role of magistrates cannot be over emphasised, as they constitute the gateway to the Nigerian Judiciary.

    “The 21st century Nigerian magistrates need capacity-building in all areas to enable them function effectively in their duties,” she said.

    The CJN noted that the theme was instructive because the workshop was aimed at exposing the 21st century magistrate to the use and application of ICT in various courts.

    Justice Eri stressed the need for judges and magistrates to always ensure that any matter that comes before them for adjudication is disposed off expeditiously within a reasonable time to give vent and meaning to the provisions of the Constitution on fair hearing.

    He said: “A magistrate’s duty includes, among others, the ability to dispense justice in accordance with the law and within a reasonable time. The application of ICT in the adjudicatory process offers a tremendous advantage when properly used.”

     

     

     

  • CJN urges judges to be neutral

    CJN urges judges to be neutral

    •Swears in 25 justices

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, has advised judges to be neutral in handling electoral disputes.

    She cautioned judges against engaging in unethical conduct and acts capable of lowering public confidence in the judiciary.

    Justice Mukhtar urged judges to maintain true allegiance to their oaths and abide by the demands of the Code of Conduct for judicial officers.

    The CJN spoke yesterday in Abuja at the swearing-in of 25 justices of the Court of Appeal.

    She said: “I advise you to work with your brother justices to sustain the confidence of the public in the judiciary.

    “Bear in mind that the right to implement legal authority in any matter is predicated upon public opinion and ethics.

    “Public confidence in the judicial system rests on public trust and perception as well as the established and sustained propriety of the judiciary,, which helps to encourage citizens’ readiness to comply with the law.

    “Thus, societal perception of the integrity of the judicial system occupies an important role in the assistance of social order by directing the law in a manner, which guarantees the important requirements of justice. For this reason, you must contribute your best to administer justice.

    “I wish to further stress that the judiciary will not tolerate misconduct and disloyalty from judges. So I urge you to maintain true allegiance to your oaths and abide by the demands of the Code of Conduct for judicial officers.

    “I urge you to understand there is no middle ground and no room for those found to be contemptible arbiters of truth. There shall be zero tolerance for corruption and misconduct in the judiciary.

    “As judicial officers, you will soon be presiding over election cases, among others. Therefore, as judges you must be neutral and rise up to safeguard our democracy and ensure the rights of litigants and the tenets of justice are upheld, and help to dispense justice for the purpose of safeguarding and protecting our constitution and its goals.

    “It is necessary to note that our task in our society is demanding and inexorable. Your judgments and ruling will be tried by public opinion and you will face criticism from the electronic and print media. I urge you to persevere and remain firm in your duties.”

    The new judges include Justices Hamma Akawu Barka (Gombe State), Joseph Jude Jella (Taraba State), Bitrus G. Sanga (Bauchi State), Muhammed Mustapha (Borno State), Yargata Nimpar (Gombe State), Sa’idu Tanko Hussein (Kogi State), Mudashiru N. Oniyangi (Kwara State) and Amina Audi Wambai (Niger State).

    Others are Justices Ridwan Maiwada Abdullahi (Nasarawa State), Tani Y. Hassan (Kano State), Muhammed Lawal Shuaibu (Jigawa State), Kadi Musa Hassan Alkali (Kaduna State), Jamilu Y. Tukur (Katsina State), Paul Obi Elechi (Ebonyi State), Ugochukwu A. Ogakwu (Enugu State) and Nonyerem Okoronkwo (Imo State).

    Also, there are Justices Joseph E. Ekanem (Akwa Ibom State), F.E. Oho (Delta State), Abimbola O.O. Adejumo (Edo State), Bolokuromo M. Ugo (Bayelsa State), Biobele A. Georgewill (Rivers State), Oludotun A. Adefope-Okojie (Ogun State), Misitura O. Bolaji-Yusuf (Oyo State), J.O.K. Oyewole (Osun State) and O.E. Williams-Dawudu (Lagos State).

     

  • CJN urges judges to be neutral

    CJN urges judges to be neutral

    •Swears in 25 justices

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, has advised judges to be neutral in handling electoral disputes.

    She cautioned judges against engaging in unethical conduct and acts capable of lowering public confidence in the judiciary.

    Justice Mukhtar urged judges to maintain true allegiance to their oaths and abide by the demands of the Code of Conduct for judicial officers.

    The CJN spoke yesterday in Abuja at the swearing-in of 25 justices of the Court of Appeal.

    She said: “I advise you to work with your brother justices to sustain the confidence of the public in the judiciary.

    “Bear in mind that the right to implement legal authority in any matter is predicated upon public opinion and ethics.

    “Public confidence in the judicial system rests on public trust and perception as well as the established and sustained propriety of the judiciary,, which helps to encourage citizens’ readiness to comply with the law.

    “Thus, societal perception of the integrity of the judicial system occupies an important role in the assistance of social order by directing the law in a manner, which guarantees the important requirements of justice. For this reason, you must contribute your best to administer justice.

    “I wish to further stress that the judiciary will not tolerate misconduct and disloyalty from judges. So I urge you to maintain true allegiance to your oaths and abide by the demands of the Code of Conduct for judicial officers.

    “I urge you to understand there is no middle ground and no room for those found to be contemptible arbiters of truth. There shall be zero tolerance for corruption and misconduct in the judiciary.

    “As judicial officers, you will soon be presiding over election cases, among others. Therefore, as judges you must be neutral and rise up to safeguard our democracy and ensure the rights of litigants and the tenets of justice are upheld, and help to dispense justice for the purpose of safeguarding and protecting our constitution and its goals.

    “It is necessary to note that our task in our society is demanding and inexorable. Your judgments and ruling will be tried by public opinion and you will face criticism from the electronic and print media. I urge you to persevere and remain firm in your duties.”

    The new judges include Justices Hamma Akawu Barka (Gombe State), Joseph Jude Jella (Taraba State), Bitrus G. Sanga (Bauchi State), Muhammed Mustapha (Borno State), Yargata Nimpar (Gombe State), Sa’idu Tanko Hussein (Kogi State), Mudashiru N. Oniyangi (Kwara State) and Amina Audi Wambai (Niger State).

    Others are Justices Ridwan Maiwada Abdullahi (Nasarawa State), Tani Y. Hassan (Kano State), Muhammed Lawal Shuaibu (Jigawa State), Kadi Musa Hassan Alkali (Kaduna State), Jamilu Y. Tukur (Katsina State), Paul Obi Elechi (Ebonyi State), Ugochukwu A. Ogakwu (Enugu State) and Nonyerem Okoronkwo (Imo State).

    Also, there are Justices Joseph E. Ekanem (Akwa Ibom State), F.E. Oho (Delta State), Abimbola O.O. Adejumo (Edo State), Bolokuromo M. Ugo (Bayelsa State), Biobele A. Georgewill (Rivers State), Oludotun A. Adefope-Okojie (Ogun State), Misitura O. Bolaji-Yusuf (Oyo State), J.O.K. Oyewole (Osun State) and O.E. Williams-Dawudu (Lagos State).