The Nation Newspaper

Tag: Chief Justice of Nigeria (CJN)

NBA backs creation of special courts for corruption cases

The Nigerian Bar Association (NBA) has thrown its weight behind the decision by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to create special courts to handle the trial of corruption cases.

NBA President, Abubakar Mahmoud (SAN) said members of his association have no objection to the CJN’s initiative, but that the special courts and conventional courts should be well funded and provided with needed materials to enable them function effectively.

Mahmoud said the objective of the creation of special courts, which is speedy prosecution of criminal cases, can be achieved if attention is paid to the bigger picture of ensuring a functional criminal justice system.

He spoke in Abuja on Tuesday, while inaugurating two committees of the NBA. They are the Disciplinary Prosecution Committee (DPC) and Constitution Review Committee.

The NBA President said: “There has been a lot of agitation for special court, and as you know, this is not the first time that we will be having a special court in the country. We have had special courts before.

“Essentially, what is important is that the courts are given enough resources and given nigrostriatal and manpower support to undertake speedy trial of, especially corruption cases. There is a lot of dissatisfaction about the speed of these trials.

“So we don’t have any objection to the special courts being set up. But, in addition, we must not lose sight of the wider issues involved in criminal justice administration. We have a new Criminal Justice Act, which came into force in 2015.

“A lot of innovations have been introduced. NBA is now in the process of organising a summit to really review the progress of the implementation of this Act and see what lessons have been learnt so far and what areas need to be improved. The whole idea, being that we need a more effective and a criminal justice system with improved speed,” Mahmoud said.

He explained that although the existing Disciplinary Prosecution team of the NBA was doing well, the newly inaugurated one is an enlarged one, meant to bring in more hands, with the intention of speeding up the prosecution of erring members, and to give more teeth to NBA’s regulatory responsibilities.

Mahmoud said the Constitution Review Committee is set up to address all the lingering issues affecting the NBA constitution. He said the decision to set up the committee was taken at the last annual general meeting of the association held in Lagos.

He said the committee will, among others, look at the election process of the association, which he described as expensive, primordial and hardly allows the emergence of the best candidates.

Mahmoud said after an extensive study of different models and best practices across diverse jurisdictions and countries, it has been concluded that no Bar Association or Law Society practices the existing NBA model of leadership succession and election of national officers.

Members of the constitution review committee are: Yusuf O. Ali, SAN (Chairman) ; Prof. Paul Idornigie, SAN; Prof. Tahir Mamman, SAN; Hon. Obafemi Adewale; Prof. Ogugua Ikpeze; Mrs. Abimbola Akerdolu SAN; Sagir Gezawa, Esq; Yusuf Dadien, Esq; and Ogaga John Emoghwanre, Esq.

Others are: Mrs. Mercy I . Agada; Chris Nnoli, Esq; Mustapha Adekola, Esq; and Al`Ameen Abubakar, Esq.

September 27, 2017
CJN urge court officials to ensure success of reform initiatives

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has asked court officials to support the various reform initiatives being introduced to ensure that the court system functions effectively.

The CJN, who noted that it was impossible for any reform initiative to succeed with the cooperation of court’s officials, urged them to shun unethical conduct, particularly corrupt practices.

The CJN spoke in Abuja yesterday at a national workshop for Chief Registrars, Deputy Chief Registrars, Directors and Secretaries of the Judicial Service Commissions/Committee.

The Workshop, with the theme: “The role of the administrators in promoting and sustaining effective performance in the Judiciary,” was put together by the National Judicial Institute (NJI)

Justice Onnoghen, who described the role of the workshop participants as pivotal to the success of the Judiciary, urged them to show good example to those bellow them.

He stressed that any court official in the category of those at the workshop, “who is susceptible to bribery in any form or prone to nepotism, favouritism, tribalism and other negative vices is unworthy of his/her office and has no place in the Judiciary.

He added: “I wish to state that any effort at judicial reform without the acquiescence, active participation and cooperation of judicial administrators in the judicial sector will be an exercise in futility.

“As court administrators, it would not be out of place to state that you all play an integral role in maintaining an efficient, impartial and transparent system of administration of justice.

“You must work harder to fulfill your statutory roles and obligations, which require that you act in accordance with due process while guaranteeing strict compliance with the ethics of your office and the Code of Conduct for court employees.

“I encourage you to remember that your role as Judicial Administrators provide the fillip that ensures the overall success of any judicial system.

“Your actions and inactions can affect the speed and quality of the delivery of justice while endangering the confidence in our courts.

“You must work closely with your Heads of Courts while maintaining a respectful relationship with their lordships (the judges).

“Above all, I enjoin you to have the fear of the Almighty God in the discharge of your responsibility in the day to day running of the Judiciary. The fear of God is the backbone and beginning of wisdom. Leadership, which lacks the. Wisdom is bound to fail,” the CJN said.

NJI’s Administrator and former Chief Judge of Delta State, Justice Rosaline Bozimo said of the workshop was intended to focus on the role of the Administrators in the realisation of the various reform initiatives being introduced by the current leadership of the Judiciary.

Justice Bozimo, who stressed the importance of the role of the category of court officials attending the workshop, noted that they are indispensable assistants to the judges.

She said the importance requires that they possess a wide range of qualities, which includes a sound knowledge of the law, administration, leadership skills and an honest and exemplary character.

September 25, 2017
CJN urges judges to shun embarrassing acts

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has urged judges in the country to shun acts capable of embarrassing the Judiciary and the nation.

Justice Onnoghen also urged Nigerians to pray for the Judiciary because it serves to protect the nation’s unity and ensure a peaceful society.

He spoke Saturday in Abuja at the swearing-in of Justice Adamu Abdu Kafarati as the Acting Chief Judge of the Federal High Court.

Justice Onnoghen said: “Avoid things that will embarrass the Judiciary and embarrass you, embarrass the country and your family.

“I know you have been trying your best in that direction, please sustain the effort. Don’t get blackmailed. Don’t get intimidated. People will talk.

“Obviously, in this society, nobody loses a case, because the law is against him. He loses the case because the judge does not like his face; the judge is this, the judge is that. But, the judge must be there, and that judge happens to be you,” he said.

Justice Onnoghen also urged judges to be fair and always be guided by the law and Constitution.

He assured that the Judiciary will protect and support judges, who abide by their oath of office and the provisions of the Constitution and the law.

Justice Onnoghen said: “Justice Kafarati and other judicial officers, you are particularly reminded today of your oath, which you have taken. Be guided always by the Constitution of the Federal Republic of Nigeria and the law.

“When you do that and continue to do that, you will have no problem. That will ensure justice to all and sundry, because there is nothing greater than the rule of law.

“The scale you wield and the sword is mighty. When once you come to the conclusion that this side weighs more than that, you have to apply the legal truth, no matter whose ox is gored.

“That is the only way you can ensure justice to all. That is the only way by which the judicial powers of this nation can be properly harnessed and enforced.

“That is the only way we can ensure unity, because the sense of injustice breeds disunity. And it is our responsibility to ensure that we return to the good old days, we return to a Judiciary that. Commands respect

“The perception will always be there, because you don’t strive to satisfy everybody, because if you do that, you would fail. If you do that, you will be a hypocrite. And a judicial officer is not a hypocrite.

“It is either the man is right or wrong. Your duty is to say who is right or who is wrong. Stick to that. That is the only way by which we can go back home and sleep and, in fact, snore,” the CJN said.

He urged Nigerians to continue to pray for the Judiciary, “because that is the only way our efforts can be sustained and we can weather the storm.

“The judicial officers should be rest assured that once you are guided by the Constitution and the law, you have the full support of the Judiciary.”

Justice Onnoghen praised the retiring Chief Judge of the Federal High Court, Justice Ibrahim Auta, for his contribution to country’s jurisprudence and service to the judiciary and the nation.

He urged judges of the court to cooperate with Justice Kafarati to enable to improve on the court’s performance.

Justice Kafarati, 62 years, from Kwami in Gombe State, takes over from Justice Auta, who tenure ends at 12 mid night on September 16.

Justice Kafarati will continue to function in acting capacity until his nomination by the National Judicial Council (NJC) and his nomination confirmed by the President and subsequently by the Senate, as provided in Section 250(1) of the Constitution.

Section 250 (1) provides: “The appointment of a person to the office of Chief Judge of the Federal High Court shall be made by the President on the advice of the National Judicial Council subject to confirmation of such appointment by the Senate.”

September 16, 2017
Supreme Court blames politicians for unsettled polity

The Supreme Court has blamed politicians for the unsettled political climate in the country.

It said politicians’ unwillingness to play by the rules and abide by the dictate of the law account for why the nation’s polity is riddled with crises.

This forms part of the substance of two judgments delivered on Friday by a five-man panel of the apex court, led by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

Justices Musa Dattijo Muhammad, Kudirat Kekere-Ekun, Amina Adamu Augie and Ejembi Eko were also on the panel.

Both judgments were in appeals marked: SC/ 583/2016 filed by Isah Shuaibu Lau (relating to Taraba North Senatorial District) and SC/733/2016 by Mrs. Dorothy Mato (relating to Vandeikya/Konshisha Federal Constituency, Benue State).

The court found that both the People’s Democratic Party (PDP), in Lau’s case; and All Progressives Congress (APC), in Mato’s case, blatantly ignored the Electoral Act and parties’ guidelines, in the conduct of primaries, to impose unqualified candidates.

The court noted that while the PDP in Taraba knew that former Acting Governor, Sani Abubakar Danladi was not qualified for its primary, it chose him over Lau, who was more qualified.

In the Benue case, the court noted that the APC went further to breach its existing principle of rotation in Vandeikya and Konshisha Local Government Areas and handed both the Senate and House of Representatives seats to Barnabas Andyar Gemade and Iorwase Herman Hember (both from Konshisha Local Government Area).

Justice Onnoghen, in the lead judgment in the Mrs. Mato appeal, wondered why politicians think of self alone.

In deciding the appeal in favour of Mrs. Mato, Onnoghen said: “I am satisfied and hold that the plaintiff has proved that the 1st defendant/respondent (Hember) was not a member of the APC as at December 10, 2014 when the primary election was held. Accordingly, he was not qualified to contest the said primary election as he was still a member of the PDP.”

Relying on a report dated December 16, 2014, issued by APC’s National Assembly Primaries Appeal Committee on the primary that produced Hember, and INEC’s report, dated December 11, also on the primary, Justice Onnoghen concluded that it was wrong for Hember to have been made APC’s candidate.

He said: “From all I have endeavoured to say above, it is crystal clear that the primaries, which produced the 1st defendant/respondent (Hember) was frought with manifold irregularities aside the fact that he was not even qualified to contest same.

“Thus, since only the plaintiff and the 1st defendant were the contestants, the 2nd defendant (APC) ought to have given effect to the recommendations of its Primary Election Appeal Panel, which recommended that appellant’s name be submitted to the 3rd respondent (INEC).

“There is nothing on record to contradict the principle of rotation as contained in the said report.

The principle of justice, equity and fair play demanded that, since Konshisha Local Government Area had taken the office of Senate, through Gemade, the other Local Government Area, that is, Vandeikya, where the plaintiff belongs, ought to produce a member of the House of Representatives.

“I do not know how politicians think, but for me, it was unfair to give both the Senate and House of Representatives seats to Konshisha Local Government, while Vandeikya had nothing to show for it.”

“In view of the above provision and the fact that only the plaintiff/appellant and Herman Hember were the candidates, who contested the primaries for Vandeikya/Konshisha Federal Constituency seat in the House of Representatives, I enter judgment for the plaintiff/appellant.

Justice Augie, in the lead judgment in Lau’s appeal wondered why politicians and political parties find it impossible to play by the rules.

She noted how Danlandi, who was not qualified, was imposed as candidate in disregard of due process.

Justice Augie said: “The 3rd respondent (Garba Umar) basically admitted that he was screened and cleared as a gubernatorial candidate, but was allowed to participate in the primaries for National Assembly after he was removed by this court as Acting Governor of the state.

“To make it very clear, the 3rd respondent admitted that he was not an aspirant for the said Senatorial seat; that as at the time he submitted his expression of interest form and nomination form for the gubernatorial office of Taraba State, the time for the submission of similar forms for the National Assembly had expired.

“And that, although he did not obtain similar forms for the National Assembly election and was never screened nor cleared for the seat, the 1st respondent (PDP) declared him the winner of the primary election doe the Senatorial seat and sent his name to the 2nd respondent (INEC),” she said.

Justice Augie noted that to drive its impunity home, the PDP, despite knowing that Lau was qualified to participate in the primary, preferred Danladi, who was not qualified.

She said: “So, it (PDP) brings in the former Acting Governor of the state (Danladi), who did not do any such thing – satisfy conditions and fulfil all requirements. And after he had won the primaries, it submitted his name to INEC.

“The appellant complained, then filed an action challenging the eligibility of the 3rd respondent (Umar) to participate at the said primaries.

“While the matter is pending, the 3rd respondent withdrew his candidature, and the 1st respondent (PDP) did the same thing again.

“This time, it brought the current Acting Governor (Danladi) to replace the 3rd respondent in total disregard for the action pending in court, that is, the action questioning the said primary that produced the 3rd respondent as its (PDP’s) candidate in the first place.

“And it (PDP) thereby took it upon itself to determine the appellant”s right and obligations with regard to his complaint against the said primaries,” she said.

Justice Augie, while ordering Danladi’s replacement with Lau, said “This is a hard and very better lesson for political parties to learn.

“They may have chosen candidates or eminent personalities they want to present as candidates to INEC, but they have to play by the rules.

“The chosen candidate must abide by the provisions of the Electoral Act, which creates a level playing field for all aspirants, who seek to contest elections. So, the political parties and their candidates must obey the rules,” Justice Augie said.

June 27, 2017
Osinbajo tasks Judiciary on prompt determination of cases

The Acting President, Professor Yemi Osibanjo (SAN) has challenged the Judiciary to evolve ways of ensuring prompt determination of cases by courts in the country.

He regretted the current practice where it takes years to determine simple cases, a development, he said, accounts for the “crawling” judicial process in the country.

Osibanjo spoke in Abuja Monday at the opening session of the 3rd annual judges workshop on petroleum, gas and power sectors, held the National Judicial Institute (NJI).

Represented by the Minister of State, Petroleum Resources, Ibe Kachikwu, Osinbajo noted that the pace at which cases were determined in the nation’s courts was a disincentive to investors.

He said: “We need to evolve measures that will speed up the judicial decisions. We also need these decisions not to be too complicated for investors to easily understand

“We need to ensure sanctity of international arbitration. Also, judges should be trained in petroleum and energy sector so that they would to be fully equipped to handle the emerging trends in the sectors.

“if the country is not positioned to supply the necessary power supply, which is essential for driving the economy, the country will not make much progress,” Osinbajo said.

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who declared the event opened, urged judges not to allow technicalities to stand in the way of justice.

He said the workshop was to enhance judges’ knowledge on issues relating power and petroleum sectors.

He urged judges to desist from taking cases arising from contract breach where parties to the contract failed to first explore the arbitration clause enshrined in such contract.

He said: “It has come to my notice that some courts assume jurisdiction in matters of breach of contract arising from contracts with arbitration cases.

“It goes without saying that no investor, whether domestic or international would want his investment tied down in seemingly endless litigation, especially where there is an arbitration clause in the contract.

“In such cases the use of arbitration must be employed. The courts must insist on enforcement of the arbitration clause by declining jurisdiction and award substantial costs against parties engaged in the practice.

“May I draw the attention of heads of courts that the time saving nature of an arbitration proceeding encourages heightened commercial and economic activities as well as foreign investment and therefore needs the support and encouragement of the judiciary,” Onnoghen said.

He argued that incidents of conflicting judgments by trial courts cannot be eliminated.

Onnoghen said: “Conflicting decisions unfortunately, are necessary, because when you approach a court in Lagos, your facts are stated and the facts of that case are also different in a court in Port Harcourt.

“So, the judge takes a decision based on the facts before him and the law, and that is why we have the Court of Appeal who will look at the law and decide,” the CJN said.

June 19, 2017
CCT judge queries use of public funds to buy vehicles for politicians

Hon. Justice Agwadza William Atedze of the Code of Conduct Tribunal (CCT) has queried the use of public funds to buy vehicles for politicians.

He therefore and counselled Socio-Economic Rights and Accountability Project (SERAP) to research the issues “to see how best we can reconcile our social and cultural values viz-a-viz the entire war against corruption and advise our policymakers accordingly.”

Justice Atedze said this Thursday at the launch of SERAP’s latest report titled Combating Grand Corruption and Impunity in Nigeria: An Agenda for Institutional Reforms in Anti-Corruption Strategies.

The report is published under a project to promote justice sector and anti-corruption oversight mechanism reform, which SERAP is undertaking in collaboration with the National Endowment for Democracy (NED), USA.

Mr. Dauda Joki-Lasisi, Head of Procurement and Fraud Section of the EFCC who represented the agency at the report launch said that, “the fight against corruption can be likened to an allegory of a giant in the midst of ants, as little as an ant is, it may not be able to wear the trouser of a giant, but will remove it.”

The Head of ICPC Lagos Office Mr. Olufemi Nofiu; and Mr. T. Collins who represented the Chairman of the CCB, Mr. Sam Saba echoed similar sentiments, promising to “do anything and everything within their powers to curb corruption in the country in its entirety.”

Chairman of the report launch Barrister Babatunde Ogala said that, “Corruption is simply a way of life for us all, it is deep, when you steal as a religious institution, you are as corrupt as any Nigerian. In my opinion, corruption is both cultural and religious, corruption is as big as this country, the way of curbing it is by changing our national orientation.”

Barrister Ogala, who was former Chairman of the Lagos State House of Assembly Committee on Judiciary, also said that, “The EFCC ought to have offices even at the local government level. The society itself encourages and invests in corruption. As a legislator, I was constantly measured by what I did for individuals and not by the amount of law making I engaged in.”

All the anti-graft agencies present at the event renewed their commitment to work even harder to end the problem of grand corruption in the country, and end its devastating consequences.

They include the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and Other Related Offences Commission (ICPC); and the Code of Conduct Bureau (CCB).

The report contains several recommendations among which is the call to the Chief Justice of Nigeria (CJN), Hon Justice Walter Onnoghen, to “ensure that all judges fully utilise the provisions of the Administration of Criminal Justice Act (ACJA) in the hearing of grand corruption cases before them.”

Among other key recommendations, the report urges Justice Onnoghen to “ensure that judges, in situations where the ACJA rules apply, are made to follow the dictates of these innovative statutory interventions or face disciplinary action, and to incorporate into ongoing judicial trainings these crucial statutes and procedures as well as include the ACJA as part of the mandatory continuing legal education for all judges in Nigeria.”

The report also recommends that “The Chief Justice and all other judges should also periodically disclose and publish their assets. The Chief Justice should promote full independence for the National Judicial Council including by allowing retired judges of proven integrity to lead the council.”

Executive summary of the report read in part: “Corruption is a threat to democracy. It erodes confidence in and respect for democratic institutions and emerges as an obstacle to social, economic and human development. The fight against corruption is therefore crucial to achieve economic development and stability.”

“Anti-corruption agencies in Nigeria generally have not met widespread expectations mainly because of lack of political will of those in government to fight grand corruption; absence of an over-all national anti-graft strategy; inadequate legal framework and resources and/or lack of full and effective implementation of new initiatives; limited independence and public trust; lack of an enabling climate and necessary know-how, and lack of basic ethical values.”

“Anti-graft agencies should seek stiffer penalties for convicted corrupt officials and minimise the use of plea bargaining, to serve as deterrence; and the judiciary at all levels should assume leadership in this regard.”

“The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN to urgently ensure the full and effective implementation and enforcement of the Practice Directions on Serious Crimes, 2013, and the ACJA Act 2015 in all courts and tribunals handling cases of grand corruption to ensure that stalling of prosecution by defence lawyers becomes history.”

“The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should reform the anti-graft agencies in Nigeria with a view to granting them independence, freedom of action and adequate resources, so that they can carry out their mandates effectively.”

“The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct anti-corruption agencies to urgently publish reports of their investigations into the allegations of budget padding by the leadership of the National Assembly and to prosecute anyone suspected to be involved in grand corruption. President Buhari and Acting President Osinbajo should also ensure adequate protection for the Whistle-blower Abdulmumin Jibrin.”

“The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should prioritise and give sufficient political and operational attention to the coordination of anti-corruption efforts, with coordination issues considered from the design stage of anti-corruption policy making, as many coordination efforts in the operations of anti-corruption agencies in Nigeria have failed because of their original design flaws.”

“The EFCC and ICPC should urgently come up with strategies for prioritising corruption cases within states and local government levels. Corruption should not only be fought at the Federal level but also at the state and local government levels.”

“The EFCC and ICPC should intensify processes to investigate and effectively prosecute state officials involved in diverting bailout funds meant for payment of salaries and pensions but which the ICPC has disclosed have been diverted. The ICPC should publish the bailout report and name and shame all of those suspected to be involved.”

June 1, 2017
Lagos judiciary denies alleged theft of N47m judgement sum

The Lagos State Judiciary has risen in stout defence of its judge, Justice Ganiyu Safari alleged to have converted a judgement sum of N47 million to personal use.

It described as total falsehood the alleged theft of N47 million judgement sum from the state judiciary, as published by two online media, Gavel International and Sahara Reporters.

The rebuttal titled; “The position of the Lagos State Judiciary on the False On-Line Publication on an alleged theft of N47m Judgement sum by a judge of the Lagos State Judiciary” was contained in a statement signed by Assistant Director, Public Affairs, Mrs. Mrs. Grace Alo.

The statement said both publications are not only false but calculated to tarnish the image of the Judiciary and the Hon. Justice Ganiyu Safari, whose name was therein mentioned.

The five point statement stated in part: “No petition was forwarded to the Hon. Chief Judge of Lagos State by the Chief Justice of Nigeria (CJN) in respect of the alleged Judgment sum.

“No investigation by the Hon. Chief Judge has shown that any money was diverted from the Chief Registrar’s account into a private account of the Hon. Judge.

“The allegation that there is a cover up of the case and that a soft-landing has been given to the Hon. Judge to refund the money is both false and unfounded.

” It is irresponsible Journalism for the Gavel international and the Sahara Reporters to report that security fees deposited into the Chief registrar’s account are usually unpaid as such monies are paid after verification of payment into the designated account. Any complaints or grievances in respect of any unpaid money ought to be directed to the Hon. Chief Judge for investigation.

“It is also false that security fees are only paid into the Zenith Bank, Oba Akran, Ikeja Branch.

“As the last hope of the common man, the Lagos State Judiciary remains committed and focused in discharging its statutory duties without fear or favour,” it added.

May 30, 2017
PDP crisis: Supreme Court reserves judgment

…To communicate date to parties

The Supreme Court reserved judgment Monday in the appeal filed the sacked National Caretaker Committee of the party led by Ahmed Makarfi.

The Makarfi Committee is by the appeal, challenging the February 17 judgment of the Court of Appeal, Port-Harcourt division declaring among others, that the Makarfi-led Committee is illegal.

Monday, a five-man panel of the Supreme Court, led by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen took arguments from parties and informed that that judgment has been reserved, and that a date will be communicated to them.

At the commencement of argument Monday, the court invited lawyer to the Ali Modu Sheriff faction of the PDP to move his application, with which he sought the striking out of the appeal.

Fagbemi argued that the judgment of the Court of Appeal having not be set aside, Sheriff and members of the executive committee remained the alter ego of the party and that only them could validly file any court process in the name of the party.

“In urging your Lordships to grant the application, I will say that the point here is not about the locus of counsel but about the competence of the appeal, whether it was filed with authority or not and whether or not the party in whose name the appeal was filed has a right to withdraw the appeal.

“PDP is a corporate body, therefore the corporate personality is defined in terms of the (party’s) constitution, which gives power, and the decision of the lower court that has not been set aside or suspended.

“If the party, through its directing minds, led by Ali Modu Sheriff and backed by the constitution of the party and the judgment of the Court of Appeal, have withdrawn the appeal, there is evidence that they exercised their rights and their powers rightly.

“Whoever is interested in the appeal can only come as an interested party and not to file an appeal in the name of the party,” Fagbemi said.

Lawyer to the Makarfi-led Committee, Wole Olanipekun (SAN) urged the court to grant his client’s appeal, set aside the judgment of the Court of Appeal and also dismiss the application seeking the striking of the appeal.

“I urge your lordships not only to dismiss this application but to do so with heavy cost.

“Apart from Rule 29 of the Rules of Professional Conduct, Rule 27(1) and (4) of the rules also demonstrate that the application is incompetent and the Supreme Court does not even have the vires to countenance it.”

Olanipekun noted that Niyi Akintola (SAN), who represented Sheriff and Oladipo against the PDP at the Federal High Court and the Court of Appeal and who still represented the same clients at the Supreme Court could not decide who should represent the PDP at the apex court.

He said: “Appeal is a continuation of hearing. The initiator of this application has shot themselves in both legs. Are they saying they were respondents to a a non-competent respondent (the PDP) at the lower court? It is short of words to say it is abuse of process.”

Olanipekun prayed the court to grant his appeal and set aside the Court of Appeal’s judgment.

Lawyer to Sheriff and Prof Wole Oladipo, Akin Olujinmi (SAN), aligned with Fagbemi’s submission in relation to his application.

Olujinmi added that he had in his preliminary objection raised a similar issue of lack of authority on the part of the Makarfi committee to file the appeal.

He said: “In urging your lordships to grant the application filed by Lateef Fagbemi, we rely on all these processes and my own application filed on March 16, 2017. I rely on all the processes that I have identified.

“The issue we have raised in the application relates to the lack of authority of the people who brought the appeal. It is fundamental.

“The issue is very narrow and your lordships will have to consider whether the appeal is filed in the name of the PDP without authority is competent.

“The issue of counsel who represented the various parties at the lower court is irrelevant. Apart from lack of authority to file the appeal, there are no grounds to sustain the appeal.

“I urge your lordship to dismiss the appeal for lacking in merit and for being incompetent.”

On point of law, Fagbemi contended that Rule 29 of Rules of Professional Conduct referred to by Olanipekun “does not apply to the competence of the application seeking the striking out of the appeal.”

Earlier court reelected the objection by Sheriff’s lawyer to the motion by the Makarfi committee seeking leave to appeal on grounds of mixed law and filed.

The court proceeded to grant the application after dismissing objection and deemed the appeal as properly filed.

Other members of the court’s panel Justices Tanko Muhammad, Bode Rhodes-Vivour, Kayode Ariwoola and Dattiji Muhammad.

Prominent members of the party, representing both sides of the dispute were in court to witness proceedings.

Sheriff and Makarfi were in court in person. They sat on opposing sides of the large courtroom.

Some of those who accompanied Sheriff were the Deputy National Chairman of the faction, Cairo Ojugo, and Oladipo (Secretrary).

Those who came with Makarfi included a former Vice Chairman of the party (South West), Chief Bode George, the present occupant of the position in the faction, Chief Eddy Olafeso, former Deputy Speaker of the House of Representatives, Emeka Ihedioha, Dayo Adeyeye and Tom Ikimi.

May 22, 2017
Supreme Court Verdict: Abia PDP set to go on fence mending mission

The Supreme Court judgement which affirmed the validity of Governor Okezie Ikpeazu’s nomination for the governorship election he won two years ago has made the Abia state chapter of the ruling People’s Democratic Party (PDP) to set machinery in motion to bring back estranged members.

Speaking in Umuahia on the outcome of the judgement the chairman of the party Chief Johnson Onuigbo said that with the court case over that the party has commenced moves to bring back some those who left the party.

Onuigbo said that it is obvious that some of their members who felt aggrieved with the result of the party’s governorship primary left the party and that now the court case is over, “The next thing to be done is to bring them back”.

He said, “We’ve lost friends and associates during the legal tussle, now that the apex court has finally laid to rest any doubt concerning Governor Ikpeazu’s victory at the polls all those that had left the party should come back and join hands with the governor to build Abia”.

Onuigbo said that it was a thing of joy Uche Ogah, who was one of the litigants that dragged the Abia governor all the way to the Supreme Court, has congratulated Governor Ikpeazu after the Supreme Court judgment.

He said, “I learnt that Ogah had called to congratulate the governor which is welcome development which means that the war is over, the next thing is for others like him to do the same and also come forward to help build the state”.

The Abia PDP chairman acknowledged that the long drawn legal tussle had taken its toll on the governor because “for two years now this governor had been under pressure from left, right and centre.”

Onuigbo said that notwithstanding the distractions Governor Ikpeazu has been performing very well in driving development across Abia, adding that having finally overcome his traducers he would redouble his efforts to do more for Abia people.

He said, “The CJN wondered how four people would want to be governor of a state at the same time which is not possible, I advise politicians to put their house in order and stop putting undue pressure on the judiciary”.

“The judgement of the Supreme Court shows that there are still good people in Nigeria as their judgement on the Abia governorship issue has shown that there is future for the common man which the judiciary represents”.

Onuigbo commended the governor for the rapid development in the state despite all forms of distractions which have come his way in the last two years he has been in office and urged him to continue the good work he has been doing.

He lauded the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen for exposing the antics of politicians and chiding for interfering with the judicial process by trying to influence judicial officers with inducements.

He said that the advice the CJN gave to politicians was in order, adding that the disposition of justice Onnoghen was a strong indication that “good men are still around and that the judiciary remained the last hope of the common man”.

The CJN had while delivering judgment on the Abia governorship advised that politicians “should allow the judiciary to be independent because without an independent judiciary, there will not be a just society”.

He had noted that there were several security breaches, where desperate politicians made frantic efforts to compromise the court officials in the course of doing their job.

The CJN therefore warned that attempts to bribe judicial officers to pervert justice constituted serious offences and they would be thoroughly investigated to unmask the politicians and make them face the wrath of the law.

May 16, 2017
CJN urges judges to uphold judicial integrity

…Swears in Acting Grand Kadi for FCT

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has advised judges in the country to always strive to uphold the integrity of the judiciary.

He urged them shun unethical conduct, including corruption, because the onus was on judges to continue to protect the sanctity of the Judiciary.

Onnoghen noted that the Judiciary was undergoing difficult times, but said the task was on members of the Bench to endure reversal of the current trend.

The CJN spoke in Abuja yesterday at the swearing-in ceremony of Ibrahim Imam as the Acting Grand Kadi of the FCT Sharia Court of Appeal.

He urged Nigerians not to relent in their prayers for the Judiciary, noting that it was only God, who rules the hearts of men that can direct lawyers and judges to embark on positive courses.

The CJN urged Imam allow himself to always be guided by the Almighty God and the law when ruling in the affairs of people.

“You must ensure that justice is served irrespective of the leanings of parties.

“You also require prayers and close intimacy with God to perform your duties well.

“In the circumstance, I urge the family members to always pray to God on your behalf and to also try to make the home peaceful,’’ Onnoghen said.

March 16, 2017