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Tag: Chief Justice of Nigeria (CJN)

  • CJN’s appointment: SAN commends Buhari’s cautious approach

    CJN’s appointment: SAN commends Buhari’s cautious approach

    …Says delay in Onnoghen’s confirmation could result in chaos

     

    A Senior Advocate of Nigeria (SAN), Sebastine Hon has commended President Muhammadu Buhari’s cautious approach to the appointment of a substantive Chief Justice of Nigeria (CJN).

    Hon commended the position taken on the issue by the acting CJN, Justice Walter Onnoghen and the Chairman, Presidential Advisory Committee Against Corruption (PLACAC), Prof Itse Sagay (SAN).

    Justice Onnoghen had, in a statement on Thursday, appealed to those criticising President Buhari over his perceived delay in appointing him (Onnoghne) in substantive capacity to allow the President the free hand to operate.

    Sagay has also aired similar view in his recent comments on the issue of the appointment of a substantive CJN.

    In a statement Friday, Hon assured President Buhari that Onnoghen’s appointment in substantive capacity was the best way the President could secure the buy-in of the Judiciary and ensure the success of his various reform initiatives and anti-corruption fight.

    Part of the statement reads: “I am personally delighted and I also commend the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, for his timely reaction to the delay in the President forwarding his name to the Senate for confirmation as the substantive Chief Justice of Nigeria.

    “Honourable Justice Onnoghen has, from that reaction, proved he is worthy of occupying that high seat. By shrugging off the apparent pressure on him to utter those words, Justice Onnoghen has shown that he is a nationalistic personality and is also ready and willing to shoulder the responsibility of assuming the headship of the nation’s third arm of government.

    “I hereby encourage, if not plead, with Mr. President to forward Justice Onnoghen’s name to the Senate for confirmation. Whatever reforms the President intends for the Judiciary will not be hindered but will be enhanced if our dear President does this.

    “The reason is plain enough: it is when and only when the Judiciary willingly keys into those reforms that the said reforms will see the light of the day. I am dead serious on this!
    Finally, I also commend the reaction of respected Presidential aide, Prof. Itse Sagay, SAN to the issue.

    “The learned Professor’s views reflect a most genuine inner mind of a critical stakeholder to clean the Augean Stable of the Judiciary. Prof. Sagay has a very rich resume as a no-nonesense anti-corruption crusader; hence his views on such issues should never be treated lightly.

    “However, I also, with humility, ask that he should again look at the watertight procedure spelt out in the Constitution for the appointment and removal from office of judicial officers. Such appointment and removal must involve the National Judicial Council (NJC); and it is only the cooperation rather than the coercion of the NJC that will achieve the desired result.

    “Mr. President’s anti-graft war is on course, but he needs the two other arms of government, especially the Judiciary, to achieve this. Also, far-reaching reforms like the anti-corruption war are best achieved over time and not necessarily instantaneously.

    “Mr. President should please send Justice Onnoghen’s name for confirmation as the CJN, to save an avoidable constitutional crisis in the Judiciary,” Hon said.

  • CJN’s appointment: SAN commends Buhari’s approach

    CJN’s appointment: SAN commends Buhari’s approach

    • Says delay in Onnoghen’s confirmation could result in chaos

    A Senior Advocate of Nigeria (SAN), Sebastine Hon has commended President Muhammadu Buhari’s cautious approach to the appointment of a substantive Chief Justice of Nigeria (CJN).

    Hon commended the position taken on the issue by the acting CJN, Justice Walter Onnoghen and the Chairman, Presidential Advisory Committee Against Corruption (PLACAC), Prof Itse Sagay (SAN).

    Justice Onnoghen had, in a statement on Thursday, appealed to those criticising President Buhari over his perceived delay in appointing him (Onnoghen) in substantive capacity to allow the President the free hand to operate.

    Sagay has also aired similar view in his recent comments on the issue of the appointment of a substantive CJN.

    In a statement yesterday, Hon assured President Buhari that Onnoghen’s appointment in substantive capacity was the best way the President could secure the buy-in of the Judiciary and ensure the success of his various reform initiatives and anti-corruption fight.

    Part of the statement reads: “I am personally delighted and I also commend the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, for his timely reaction to the delay in the President forwarding his name to the Senate for confirmation as the substantive Chief Justice of Nigeria.
    “Honourable Justice Onnoghen has, from that reaction, proved he is worthy of occupying that high seat. By shrugging off the apparent pressure on him to utter those words, Justice Onnoghen has shown that he is a nationalistic personality and is also ready and willing to shoulder the responsibility of assuming the headship of the nation’s third arm of government.
    “I hereby encourage, if not plead, with Mr President to forward Justice Onnoghen’s name to the Senate for confirmation. Whatever reforms the President intends for the Judiciary will not be hindered but will be enhanced if our dear President does this.

    “The reason is plain enough: it is when and only when the Judiciary willingly keys into those reforms that the said reforms will see the light of the day. I am dead serious on this!
    Finally, I also commend the reaction of the respected Presidential aide, Prof. Itse Sagay, SAN to the issue.

    “The learned Professor’s views reflect a most genuine inner mind of a critical stakeholder to clean the Augean Stable of the Judiciary. Prof. Sagay has a very rich resume as a no-nonsense anti-corruption crusader, hence his views on such issues should never be treated lightly.

    “However, I also, with humility, ask that he should again look at the watertight procedure spelt out in the Constitution for the appointment and removal from office of judicial officers. Such appointment and removal must involve the National Judicial Council (NJC) and it is only the cooperation rather than the coercion of the NJC that will achieve the desired result.

    “Mr President’s anti-graft war is on course, but he needs the two other arms of government, especially the Judiciary, to achieve this. Also, far-reaching reforms like the anti-corruption war are best achieved over time and not necessarily instantaneously.

    “Mr President should please send Justice Onnoghen’s name for confirmation as the CJN, to save an avoidable constitutional crisis in the Judiciary,” Hon said.

  • Why north can’t produce another CJN, by NBA VP

    Why north can’t produce another CJN, by NBA VP

    Second Vice President of the Nigerian Bar Association (NBA) Mr. Monday Ubani has warned President Muhammadu Buhari of the danger of appointing the next Chief Justice of Nigeria (CJN) from the northern part of the country.

    This, he said, could further alienate Justices of the Supreme Court (JSC) of southern origin.

    Ubani, who spoke Monday during the newspaper headlines analysis show of Radio Continental FM, Lagos, observed that the CJN had been appointed from the north for 29 years consecutively and that the next in rank to Onnoghen is Justice Ibrahim Tanko Muhammad from Bauchi State.

    Last November 10, Buhari named Justice Walter Onnoghen, who is the most senior JSC, as acting CJN following the retirement of Justice Mahmud Mohammed at the statutory age of 70.

    This followed Onnoghen’s recommendation for the post by the National Judicial Council (NJC).

    However, the president has not forwarded Onnoghen’s name to the National Assembly for confirmation as required by the constitution, meaning his three-month tenure expires on February 10.

    Ubani urged Buhari to confirm Onnoghen, 66, as, according to him, the president had not complained that the jurist was unqualified.

    He said: “For 29 years, the CJN emerged from a particular region. It was all on merit, nobody had an issue with it.

    “It eventually came to the point of a southerner producing the CJN and for the first time you now put him in an incapacity that raises eyebrows. Why? After the National Judicial Council has even gone ahead and cleared him and all that.

    “Mr President, send his name to the Senate for confirmation or ratification and you said no. Okay, now, nobody has heard any reason why his name has not been sent. So, the next thing we’ll hear when his time expires is for you now to go and say, ‘Oh! There is a reason why this man, (was not confirmed) and you’ll now go ahead and put a northerner again. How do you think people from other regions will feel?

    “No matter how right you are, and I agree with the issue of merit, but how do you now think that only one region will always be on merit, is more qualified than every other person when you have others also who are there? I want you all to think. Onnoghen met all the criteria, in fact he passed a rigorous process more than any other CJN.”

    The former chairman of the Ikeja NBA said Buhari’s appointment of the CJN should follow the federal character principle and the southerner so appointed should be selected on merit, otherwise feathers would be ruffled.

    He said: “No matter how altruistic his intentions are, meanings will be read and I’ll tell you this, collateral damage would have been done to his presidency, even for the next two or three years remaining and then for his next aspiration to be the president of this country.

    “Please let him not cause collateral damage to himself and also to the northerners. We love this country and want it to be united.”

  • Ex-CJN urges constitutional amendment to narrow appeals to S/Court

    Ex-CJN urges constitutional amendment to narrow appeals to S/Court

    The former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, on Thursday called for a constitutional amendment to reduce appeals to the Supreme Court.

    The immediate past CJN made the call in his speech during a valedictory session organised for his exit from the bench.

    Mohammed said the volume of appeals filed in the apex court was overwhelming.

    “Permit me to re-iterate my comments made during the opening of the 2016-2017 Legal Year when I opined that our Supreme Court is arguably the most overworked in the World.

    “In the 2014-2015 Legal Year, the Supreme Court heard 1578 matters, consisting of 1000 motions and 569 substantive appeals, delivering 262 judgments.

    “In 2015-2016 Legal Year, the court heard 1489 matters, consisting of 908 motions and 581 substantive appeals, delivering 268 judgments in that period,’’ he said.

    He further said a total of 500 new appeals were filed in the Registry of the court in the 2015-2016 legal year.

    “This figure shows that nearly ten appeals were filed per week, most of which were interlocutory in nature.

    “Similarly, there were more than 5,000 outstanding appeals some of which have become academic in nature.

    “The log-jams are the result of a free-for-all appeals process, which has been given the imprimatur of our constitution. It was obvious that urgent action was required,’’ he said.

    As an interim measure, the out-gone CJN said the court had taken measure to constitute a second panel to sit on Wednesdays in-addition to the normal sitting in Chamber slated for the same days.

    “This additional Panel was a first in the history of the court and has certainly had a significant impact on the case disposal rate of the court.

    “I will not take full credit for this success, as My Brother Justices rose to the challenge, but I recognise that this was a necessary response to the yearnings of all Nigerians for justice,’’ Mohammed said.

    Besides, Mohammed said the country owed the judiciary a debt of gratitude for standing firm in the face of contrary winds that threatened to blow Nigeria’s democracy off course.

    “During the run up to the 2015 elections, our judicial officers withstood immense pressure in order to guarantee a level playing field and smooth transition of government.

    “This ensured that we were speared a re-enactment of the June 12 saga. In fact, the courts, thus securing the electoral process, disallowed so many frivolous matters aimed at truncating the electoral process.

    “I must particularly commend the Supreme Court for refusing to be intimidated or influenced by any candidates or political parties, and I make no apologies for the firm stand that we took in our decisions,’’ he said.

    On alleged corruption rocking the Judiciary, Mohammed said he had tried to use the power bestowed on him as Chairman of the National Judicial Council (NJC) to restore the integrity of the judiciary.

    “As Chairman of the National Judicial Council, I was greatly concerned about the integrity of our Judicial Institution.

    “I was particularly keen to ensure that the judiciary was properly positioned, both institutionally and ethically, to effectively play its role as valuable partner in good governance and the fight against corruption,’’ he said.

    The President of the Nigerian Bar Association (NBA), Mr Abubakar Mahmoud (SAN), said the out-gone CJN would be remembered not just for his judicial pronouncements.

    According to him, Mohammed will also be remembered as CJN who spear-headed some of the most innovative reforms in the Judiciary.

    The News Agency of Nigeria (NAN) reports that the immediate past CJN was born in Jalingo, Taraba capital, on Nov. 10, 1946.

    He had his early elementary education at Mallam Kasimu Koranic School and Jalingo Primary School between 1950 and 1956.

    He completed his primary education at the Senior Primary School, Jalingo, between 1957 and 1959.

    The out-gone CJN studied Law at the Ahmadu Bello University, Zaria, between 1967 and 1970, and was at the Nigerian Law School between 1970 and 1971.

     

  • CJN identifies corruption as major challenge of Judiciary

    CJN identifies corruption as major challenge of Judiciary

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed said Monday that corruption was a major problem in the nation’s justice sector.

    He said measures were being intensified to curb the menace, which informed the unveiling of a National Judicial Policy (NJP) in Abuja Monday by the National Judicial Council (NJC).

    Justice Mohammed, who is also the Chairman of the NJC, said: “It would be stating the obvious to opine that the greatest single menace that challenges the justice system in Nigeria today is corruption.

    “This endemic vice is not peculiar to any region and ethnic group, cutting across faiths, religious denominations, levels of education and economic status.

    “Corruption has serious implications for both the rule of law and access to justice, and must be fought both institutionally and individually.

    “This is why the National Judicial Policy contains clear provisions restating the Judiciary’s commitment to transparency and accountability.

    “This is clearly spelt out in Paragraph 5.1 of the National Judicial Policy 2016, thus- ‘the National Judicial Policy recognizes that the greatest and most damaging challenge to administration of justice is corruption and that tackling this challenge must go beyond mere exhortation and sentiments.’

    “The policy gives the legal backing for several multifaceted strategies and guidelines to be developed while the Judiciary continues to walk the talk in ridding corrupt Judicial Officers from its ranks, strictly in accordance with due process and the rule of law,” the CJN said.

    Justice Mohammed, who spoke at the launch of the NJP, noted that the absence of such policy in the past has occasioned an uneven growth of the Judiciary.

    “Certainly, the absence of a blueprint has resulted in a demand for the transformation of the Nigerian Judiciary into a modern judicial system.

    “For a number of years, each Jurisdiction has had to muddle along in developing core values and objectives and this has led to a mixed bag of standards and policies.

    “This has also been compounded by the challenging deprivations and paucity of resources, without which critical development was limited.

    “The National Judicial Policy is a charter of commitment to the values that elevate not only our judicial institutions, but also those who are employed by or involved in it.

    “The importance of the foundational virtues of discipline, efficiency, integrity and enduring commitment are reflected in the National Judicial Policy as embodied in its first three regulations and rules of the policy,” the CJN said.

    He added that the policy will also serve as a mechanism to facilitates a greater knowledge of the Judiciary by the other arms of government.

    Former CJN, Dahiru Musdapher Noted that the absence of a National Judicial Policy before now resulted in a disjointed development of the Judiciary.

    “It is certainly time, given recent events that bring to the fore the importance of the third arm of government in the high expectation reposed in it by every Nigerian;

    “The National Judicial Policy provides a statement of intent that will better improve us and protect our institutions and the integrity of the Nigerian Judiciary,” Mudaspher said.

    The event, held at the National Judicial Institute (NJI),was attended by eminent personalities including two other former Chief Justices of Nigeria – Justices Mohammed Uwais and Idris Kutigi; President of the Court of Appeal, Zainab Bulkachuwa and retired Justice of the Supreme Court, Emmanuel Ayoola.

    The event also featured the inauguration, by the CJN, of the Judicial Ethics Committee headed by Justice Kutigi.

    The committee, which is saddled with the enforcement of the policy, is required to conduct periodic surveys on behalf of the NJC to provide empirical measurements of compliance with the policy, as it affects the administration of justice and application of ethical standards by all judicial officers and court staff.

  • CJN deplores arrest of judges

    CJN deplores arrest of judges

    …NJC will address it at tomorrow’s meeting
    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has expressed discomfort over Saturday’s arrest of some judicial officers by men of the Department of State Services (DSS).

    The CJN, who spoke this morning at a valedictory court session held in honour of retiring Justice Suleiman Galadima (of the Supreme Court, described the development as saddening and unfortunate.

    “My Lords, invited guests, ladies and gentlemen, not to distract from this occasion, it is indeed very saddening and deeply regrettable, the distressing and unfortunate incident, which occurred on Friday, 7th October and Saturday 8th October, 2016.

    “However, I must ask all Nigerians to remain calm and prayerful, as an emergency meeting of the National Judicial Council (NJC) will take place tomorrow, will comprehensively look into the matter.

    “Furthermore, I must express my sincere appreciation to the executive of the Nigeria  Bar Association (NBA), ably led by the President, Abubakar B. Mahmud (SAN) and indeed, all members of the legal profession for their prompt action and continued support.”