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Tag: Bulkachuwa

  • Court rejects Bulkachuwa’s request to halt ICPC, DSS probe

    Court rejects Bulkachuwa’s request to halt ICPC, DSS probe

    A Federal High Court in Abuja has dismissed the suit by Senator Adamu Bulkachuwa, husband to the immediate past President of the Court of Appeal, Justice Zainab Bulkachuwa, seeking to stop the plan to investigate his comment during a valedictory dinner of the Ninth Senate.

    In the suit, Bulkachuwa had sought to, among others, restrain the Independent Corrupt Practices and other related offences Commission (ICPC) and the Department of Service Services (DSS) from inviting or investigating him over the comment.

    The erstwhile senator said the ICPC and other security agencies have continued to harass him since his valedictory comment on the floor of the Senate, claiming that his political enemies have continued to misrepresent this.

    He cited the June 15 letter of invitation the ICPC sent to him over the comment, saying many of his political opponents have misinterpreted this to mean that he influenced his wife’s handling of some case while she was the President of the Court of Appeal.

    Other respondents in the case are: the Attorney General of the Federation (AGF) and the Clerk of the National Assembly.

    In a judgment delivered yesterday, Justice Inyang Ekwo declared that the suit was without merit and ought to be dismissed.

    The judge held that Bulkachuwa, as a lawmaker, ought to understand the implication of the statement he made on the floor of the Senate.

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    He also held that the legislative immunity that Bulkachuwa pleaded could not avail him.

    Justice Ekwo added: “It is the duty of every law-abiding citizen to assist and cooperate with law enforcement agencies in their quest to carry out their statutory function.

    “It is only where a law enforcement agency breaches the fundamental right of a citizen in the process of carrying out their statutory function that a cause of action could be said to have arisen.”

    The judge averred that Bulkachuwa’s comment on the floor of the Senate on June 10 was not covered by Section 39(1) of the 1999 Constitution.

    He said: “The provision is that every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”

    According to him, the provision of Section 39 (1) of the 1999 Constitution (as amended) cannot be interpreted to mean that a person can say anything he likes.

    “In a formal setting, like that plenary session or committee proceedings of the Senate, it is not expected that a person who is privileged to voice any expression will utter words or express opinion or impart ideas or give information that cannot be defended under the constitution.

    “Upon studying the provision of Section 39 (1) of the 1999 Constitution (as amended), it is my opinion that the words uttered by the plaintiff on the floor of the Senate on Saturday, June 10, 2023 was a confession of doing an act that is prohibited by law.

    “When a person confesses that he influenced a judicial officer to help his friends and colleagues, such a person has gone beyond the limit of freedom of speech that is reasonably covered and protected by the provision of Section 39 (1) of the 1999 Constitution (as amended).”

    “A person who has used the opportunity given to him by the constitution to express himself freely and uses the opportunity to expose his actions or conducts which the law of the land criminalises has unwittingly invited law enforcement agencies to question him.

    “This is what the plaintiff did in this case. I, therefore, find that the speech of the plaintiff on the floor of the Senate on June 10 was a confession of illegal act, and Section 39 (1) of the 1999 Constitution (as amended) cannot be invoked to cover such, and I so hold,” Justice Ekwo said.

  • Post-election litigation: Bulkachuwa warns tribunal judges against misconduct

    The President of the Court of Appeal, Justice Zainab Bulkachuwa has warned judges nominated to serve in the various election tribunals to desist from act amounting to misconduct.

    Justice Bulkachuwa threatened not to spare any tribunal member who abuses his/her office and is found wanting in the course of carrying out his/her assigned responsibilities.

    She spoke in Abuja at the opening session of an induction for Justices of the Court of appeal, chairmen and members of election petition tribunals. She said every member of the tribunal shall be closely monitored.

    Justice Bulkachuwa said: “The Judiciary has been a major role player in the sustenance of democracy in Nigeria by adjudicating in all cases that arise from pre-election as well as post-election activities.

    “By the end of this week, we will all be in our various states for the tribunals and the appeals that will follow suit by the aggrieved parties. I need not remind you that the assignment ahead of you is enormous and due diligence and professionalism is expected from each and every one of you.

    “Always be law-abiding and do not allow yourselves to be stirred by emotions, fear or sentiments. You are expected to be in charge of your courts.

    “The Judiciary is in the lime light and as Judicial officers we should discharge the responsibilities reposed on us both individually and collectively by dispensing justice in accordance with the law without fear or favour, affection or ilI-will within the dictates of our conscience and oath of office.

    “Let me remind you that in an Election Petition Tribunal, time is of the essence, I therefore urge you to desist from granting frivolous adjournments and also discourage the practice of employing undue technicalities or any act capable of causing delay in the dispensation of petitions before you.

    “Like I have said before, each and every one of you will be closely monitored by my office and I will not hesitate to descend on any Judge found wanting in the discharge of his or her duties.

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    “By the end of this induction training, you will all be abreast with what is expected of you and I am sure by the time you resume your duty posts you will be ready to carry out the task assiduously.

    “Feel free to interact with your colleagues in areas that are unclear to you especially those of you that are coming to tribunals for the first time. Forums like these are meant for discussions and exchange of ideas so that by the end of the day we would have tapped from each other’s knowledge and experience, and we will be wiser and better equipped to meet the tasks ahead of us”.

  • Onnoghen, Bulkachuwa, Malami, others advocate reform of tax laws

    Chief Justice of Nigeria (CJN) Walter Onnoghen, President, Court of Appeal (PCA) Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami, Chairman, Nigerian Law Reform Commission (NLRC) Kefas Magaji and others have given  hints  on how the country can raise its dwindling revenue.

    Onnoghen, Bulkachuwa, Malami, Magaji, Director General, Nigerian Copyright Commission (NCC), Afam Ezekude and his counterpart in the National Institute for Legislative and Democratic Studies, (NILDS), Prof. Ladi Hamalai suggested a holistic reform of the nation tax legal regime to ensure more Nigerians are captured within the tax system.

    They are  of the view that a robust and efficient tax legal regime will aid the Federal Inland Revenue Service (FIRS) to effectively apply existing tax laws, which in turn, will result in enhanced tax earnings for the country.

    They spoke in Abuja on Tuesday at the opening session of a workshop on the reform of the FIRS (Establishment) Act, 2007, held by the NLRC.

    The CJN, epresented by Justice Kumai Akaahs of the Supreme Court, noted that the nation urgently needed to diversify its sources of revenue to remain afloat in view of the dwindling income from oil.

    Onnoghen said: “I think it is about time that our tax laws are reformed in such a way that it is not just only wage earners (those who work in the office) that pay tax.

    “We must ensure that everybody, who is engaged in any economic activity also pays his/her tax, ” the CJN said.

    The PCA, who was represented by Justice Emmanuel Agim of the Court of Appeal, Abuja, noted that the success of any reform initiative in the tax sector was dependent on the disposition of the implementing agency.

    Bulkachuwa said: “Law reform must be a continuous process. It helps the laws of the land to meet the change circumstances of the society so as not to render law irrelevant to the new circumstances of the time.

    “The starting point for an effective reform is a demonstrated commitment by the principal enforcing authority to the ethical, transparent, efficient and effective application of the existing law particularly, the underlying principles.

    “Without this, while reform may generate legislative and structural changes, it will not be effective. This will ensure that proposals for reform, which comes mainly from the principal enforcer of the law, are genuine, well informed and experience inspiring,” the PCA said.

    Malami praised the NLRC for the initiative, which he said  was in line with the nation’s need to diversify its revenue sources.

    The AGF, who was represented by the Director, International Comparative Law Department, Mrs. Stella Anuka, urged the workshop participants to ensure that all existing inadequacies in the current FIRS Act were identified and thoroughly addressed.

  • Court decongestion: Bulkachuwa relocates to Kaduna division

    The President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa, has relocated to the Kaduna division of the court in continuation of her efforts to decongest the court and clear backlog of cases.

    Justice Bulkachuwaas is, along with three other Justices, expected to hear 656 appeals and motions during 21 days (between March 12 and 30 this year) while at the Kaduna division.

    The division is comprised of Jigawa, Kano and Katsina states, where the PCA is expected to hold special sitting in each state with Justices from the division – Justices Uwanl Abba Aji, I. S Bdilya, 0.0 Daniel Kalio, A. 0. Adefope-Okojie and A. A. Wambai.

    The relocation, in was learnt, is in continuation of an initiative Justice Bulkachuwa introduced last year where Justices in less busy divisions were made to sit outside their divisions to ensure that cases are not unduly delayed in the more busy divisions.

    Last year, th PCA led some Justices to  hold  similar special sitting in Kogi State, where many cases and motions were attended. Other busy divisions also benefited.

    In a statement, ,   Court of Appeal’s spokesperson, Sa’adatu Musa Kachalla quoted the Deputy Chief Registrar of the Kaduna division Mrs. Amine ibrahim as giving further details about the exercise.

    She said: “According to the Deputy Chief Registrar, the special titting will kick off in Dutse the Jigawa State capital on March 12,and   March 16, 2018 , during which182 pending appeals and motions would be attended to.

    “The sitting will move to Kano and will last between March 19 and 23, during which 285 appeals and motions are expected to be heard.

    “The train will then move to Katsina State and sit between March 26 and 30, during which189 appeals and motions would be heard.”

  • Book honour for Bulkachuwa

    Book honour for Bulkachuwa

    The Centre for Socio-Legal Studies in collaboration with the Court of Appeal will on May 25  at the Sheraton Hotel and Towers, Abuja present a book in honour of the first female  President of the Court of Appeal, Justice Zainab Bulkachuwa. The book  is entitled Cases  and materials on Election Petitions and Appeals.

    The  compendium  contains 72 leading judgements of the Supreme Court and the Court of Appeal. The book  has  Prof. Yemi Akinseye George (SAN) as Editor-in-Chief,  while Prof. Maxwell Gidado and other sound legal minds are on the editorial board.

     

  • Bulkachuwa, Abdullahi urge workers on dedication to duty

    Bulkachuwa, Abdullahi urge workers on dedication to duty

    The President of the Court of Appeal, (PCA), Justice Zainab Bulkachuwa and one of her predecessors, Justice Umaru Abdullahi, have urged judicial workers to be more dedicated to duty, saying their dedication and commitment were necessary for the effective operations of the court.

    They spoke in Abuja at the inaugural award presentation ceremony for 25 ex-workers of the court, who retired between 2012 and 2014. They were presented with certificates of meritorious service and gifts.

    Justice Bulkachuwa, who noted that it was the first time such event would hold since the court’s establishment in 1976, assured that her administration will reward handwork.

    Justice Abdullahi praised the PCA for the initiative, which he said was capable of ensuring unity and cooperation among staff, as well as restoring the dignity of the court.

    The Executive Secretary, Federal Judicial Service Commission (FJSC), Hajiya Bilkysu Abdulmalik Basheer, commended the court’s management for the initiative to honour retired workers.

    She said the decision to honour those who had committed their time and energy to the service of the court, was sufficient to motivate those in service to give their best.

    The court’s Chief Registrar, Aliyu Ibrahim, who was represented by his Deputy, Hafizu Isah, assured the retirees that plans are on to ensure that their entitlements are processed promptly.

    Replying on behalf of the retirees, former Head of Audit Department, Nwanchukwu Ndujiuba, thanked the court’s management for honouring them.