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Tag: Chief Justice of Nigeria

  • Judges, lawyers seek reduction of CJN’s role in judicial officers’ appointment

    Judges, lawyers seek reduction of CJN’s role in judicial officers’ appointment

    • Want fewer cases sent to Supreme Court

    Stakeholders in the nation’s justice administration system, including judges and lawyers have recommended a reduction in the influence of the Chief Justice of Nigeria (CJN) in the process of selecting and appointing judicial officers.

    They expressed discomfort about the CJN’s current overbearing influence on the process and called for urgent amendments to relevant laws and rules to address the concern.

    They also suggested the reduction of the number of cases that make it to the Supreme Court as a way of reducing the current workload of the court and curbing delay.

    These formed part of the recommendations put forward by participants at the 2024 National Summit on Justice held on April 24 and 25 in Abuja with the theme: “Repositioning the Justice sector in Nigeria: Constitutional, Statutory and operational reforms for access and efficiency.”

    Participants at the well-attended event put together by the Federal Ministry of Justice, equally proposed  a review of the current court administration arrangement with a view to professionalising it and  allowing judicial officers, not trained in court administration, to focus on their adjudicatory responsibilities.

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    The Chairman of the summit planning committee, Dr. Babatunde Ajibade (SAN), while speaking in Abuja yesterday, gave a summary of  proceedings at the two-day event, held at the National Judicial Institute (NJI).

     Ajibade said the panel, comprising judges and lawyers that examined the issue of selection and appointment of judicial officers, agreed that the role of the NJC in discharging its responsibility for judicial appointments into the superior court of record required significant review.

    He added: “There was a concern expressed about the fact that the Chief Justice of Nigeria who is the chairman of the NJC is also the Chairman of the Federal Judicial Service Commission, which is the body that initially reviews proposals or lists of candidates by appointment into judicial office.

    “The members of the panel pointed out the seeming inconsistency between the Chief Justice of Nigeria playing both  roles as it would appear that he was then recommending candidates to himself being Chairman of both bodies and being the person who appoints a significant number of the members of both bodies other than those who are statutory members,” he said.

     Ajibade stated that there was a general consensus that there was a need to reconstitute or propose the reconstitution of these bodies – both the National Judicial Council and the Federal Judicial Service Commission (FJSC).

    Still on appointment of judges, he added that “there was a consensus that there is a need to codify the judicial appointment process, such that the discretion that is currently witnessed in the appointments process is reduced to the barest minimum.”

     He said similar reform proposal was made regarding the composition of State Judicial Service Commissions (SJSCs), to address the influence the Chief Judges and ensure that the development or preparation of shortlist of candidates for judicial appointments is something that is to be done by all members of the SJSC as a whole and not just by the Chief Judges.

    As it relates to limiting the number of cases that make it to the Supreme Court, Ajibade said the panel that considered the issue of delay and congestion, suggested a number of measures to be adopted.

     A major recommendation, he noted, was “the importance of limiting the jurisdiction of the Supreme Court, and ensuring that matters that would go to the Supreme Court would only be matters of significant national importance.

    “And, even at that, it would only be by the leave of the Supreme Court. The automatic right of appeal to the Supreme Court will be severely curtailed and will be limited only to matters relating to the office and the election into the office of the president of the federation, Vice President and, and Governors of the states.”

  • $9.6b judgment: Ex-CJN Belgore, others may face trial

    A former Chief Justice of Nigeria (CJN), Justice Alfa Belgore may face trial for his alleged role in the $9.6billion debt judgment against Nigeria.

    Belgore is alleged to have provided legal consultancy service to the Process and Industrial Developments (P&ID) during the case that got it the debt judgement.

    He has already been quizzed by the Economic and Financial Crimes Commission (EFCC) on the matter.

    Also quizzed is his secretary.

    A team of legal giants left Abuja yesterday to hold talks with the nation’s offshore lawyers preparatory to the resumption of the legal battle to reverse the debt judgment on Thursday.

    The team left with a three-point agenda: seeking the leave of the court to set aside the $9.6b damages, seeking a stay of execution of the award and appealing the judgement.

    Several other people may also be arraigned with Ex-CJN Belgore, The Nation gathered yesterday.

    A total of 18 past and present government officials have been linked with the signing of the alleged agreement with P&ID.

    However, only one of them, a former Director, Legal Services of the Ministry of Petroleum Resources, Mrs. Grace Taiga, has so far been taken to court.

    She was arraigned before Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory on Friday.

    Sources said the EFCC has concluded investigation on more suspects and recommended them for trial.

    One source said anyone who is implicated during investigation will face trial.

    Another source said: “The case at hand is serious. Many suspects conspired to create this problem for the country. We will arraign more people and companies in court.

    “The final outcome of the investigation will determine the fate of ex-CJN Belgore. If he is found guilty, we might put him in the dock with others. The law is no respecter of anybody.”

    When contacted, the EFCC’s prosecution lawyer, Mr. Bala Sanga (a former Attorney-General and Commissioner of Justice in Adamawa State), said: “We are going to give it everything to get to the root of this criminal conspiracy.

    “We will prosecute anybody found culpable after the conclusion of our investigation.”

    The Federal Government, it was also gathered, has perfected plans to register in London last Wednesday’s judgment in Nigeria against Process and Industrial Developments (P&ID) in line with UK’s law on Registration of Foreign Judgment.

    If the registration scales through, P&ID will forfeit all its assets in Nigeria and in the UK, including the $9.6billion damages to the Federal Government.

    Investigation showed that Nigeria’s legal team departed Abuja yesterday for consultations with the nation’s offshore lawyers in London.

    The Federal Government also rejigged the legal team by dropping some of those who appeared on its behalf in the past in the case.

    A reliable source said: “We have tinkered with the legal team; we now have a tighter group which will work with our offshore lawyers.

    “We will build our case on the conviction of P&ID by Justice Inyang Ekwo of the Federal High Court for fraud, money laundering, bribery and tax evasion among others.

    “The granting of an order forfeiture of assets of P&ID is more important to us. We will take advantage of the UK’s law on Registration of Foreign Judgments to register Justice Ekwo’s verdict on P&ID.

    “Once we succeed in registering the judgment, all assets of P&ID, including the so-called $9.6billion will belong to Nigeria.”

    Asked of what Nigeria would  be tabling before the court in London, the source said: “We have a three-point agenda including seeking the leave of the court to set aside the $9.6b damages; a stay of execution of the award; and going to an appellate court if Nigeria’s application is refused.

    “Seeking the leave of the court is not a matter of right, you have to argue for it on the point of law. This is why our team is battle ready.

    The founder of Process and Industrial Developments (P&ID), Michael Quinn admitted to have had audience with the late President Umaru Yar’Adua, ex-Minister of Petroleum Resources, Dr. Rilwanu Lukman, a former Group Managing Director of the Nigerian National Petroleum Corporation, Shehu Ladan and 15 others over the Gas Supply and Processing Agreement (GSPA).

    He also said he wrote ex-President Goodluck Jonathan, a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke and a former Special Adviser to President on Petroleum Matters, Dr. Emmanuel Egbogah on certain developments on the failed project.

    Read Also: Alleged N450m fraud: Belgore denies complicity

    He was silent on whether or not the ex-President, Diezani and Egbogah played any roles.

    But he admitted that the Arbitration, which led to the $9.6billion judgment debt, was entered into by the Jonathan administration with the knowledge of Diezani.

    He said on 19 September 2012 he wrote to the Minister for Petroleum Resources nominating P&ID’s choice of Arbitrator, the Sir Anthony Evans.

    He said on 30 November 2012 the Government wrote to inform P&ID of the appointment of Chief Bayo Ojo as the Government’s arbitrator.

    Despite the fact that he said there was a meeting earlier on 12 October 2012 at the “office of the Government’, he said he would not want to divulge what transpired.

    But Quinn included the list of the 18 key actors/ players in the contract in his in a witness statement tabled before the Arbitration Tribunal.

    He said the signing of a Memorandum of Understanding for the project was done on July 22, 2009.

     

     

  • Lawyers set agenda for CJN

    Chief Justice of Nigeria (CJN)-designate Ibrahim Tanko Muhammad, during his screening by the Senate, lashed out at corrupt judges. He said they should be treated like other corrupt persons. He also called for a review of criminal laws. Lawyers and stakeholders have identified areas he should focus on. They spoke with ADEBISI ONANUGA.

    Chief Justice of Nigeria (CJN) designate Ibrahim Tanko Muhammad has said judges accused of corruption should not be accorded any special status. He said they should face the same treatment like other corrupt persons.

    Justice Muhammad, who spoke during his Senate screening, said the “pervasive corruption” in the judiciary was no surprise to him.

    “I always say that the judiciary is part and parcel of Nigeria and I am not surprised seeing some judges being corrupt, but they must be treated the same way other corrupt elements are treated,” he said.

    Responding to a question about how he intends to fight corruption in the judiciary, the CJN recalled that Bauchi State once had a Chief Judge during whose tenure corruption was a taboo in the judiciary.

    “There was no way you would see anything like corruption then. Unfortunately, when it came down to us, this happens virtually in all the states now, we started facing problems here and there. Let me say generally that corruption is inbuilt in the person who wants to be corrupted or the person who corrupts because if there is no corruption, then there is no person who will be corrupted. Left to me, they should face the same music”, he said.

    He recalled that in the early 60s and probably up to 1975, corruption was hardly heard of in the judiciary.

    Justice Muhammad lamented that “It can never happen again. It may be difficult for it to happen. We have to check ourselves because the problem is with us. So, we have to check ourselves. That is one of the ways we can sanitise the society”.

    He suggested that criminal laws should be amended to suit prevailing circumstances.

    According to him, existing criminal laws are no longer adequate, because corrupt persons, after spending a few years in prison, “will come out and go and enjoy their millions”.

    He added: “It is the responsibility of the legislature to see that it sanitises the society. Much as the judiciary will want to do their job, once we don’t have anywhere to rely on, or where what is given to us is limited by law, certainly, that is the end of it. There is nothing we can do but I believe the legislature, either at the national or state level has every power to legislate or to amend the legal system through legislation to overcome this. So, what we want is to see how we can sanitise the society. Gone are the days when we used to sleep with our eyes closed in an open air space, with your room opened. Nobody will enter your room to come and do anything”.

    Judiciary at a crisis point’

    Observers of events in the judiciary believe that the remarks by Justice Muhammad have lent credence to the fact that the judiciary has gotten to a crisis point. They point at instances where justice has been made to favour the rich and the innocent made to suffer the guilt of another.

    To this group, there have existed over time, structural problems with the judiciary. They argued that these problems have been escalated by those who have used their position and money to take control of the courts and often times, made the system to favour the rich and powerful over the most vulnerable of the society.

    They regretted that the courts are also dominated by judges that are making it difficult and harder for vulnerable people to realise their rights through the judicial adjudication.

    They contended that this is the time the courts should rise and defend Nigeria’s constitutional democracy. But regrettably, according to them, the courts have failed and are making citizens fear for their ability and readiness to protect them and the rule of law.

    What can be done?

    With the confirmation of Justice Muhammad as the substantive CJN, what are the expectations of the society? What can be done and how best can the judiciary be cleansed and strengthened to bring back its  glorious past  of being the last hope of the people?

    Senior lawyers, civil society groups who have been at the forefront of campaigns to cleanse the judiciary, shared their thoughts on how to enjoy a cleaner and better  judiciary for the country.

    They include former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN), University of Lagos (UNILAG) law teacher Wahab Shittu, Dr Fassy Yusuf, former NBA Second Vice-President Monday Ubani, Crime Victims Foundation of Nigeria (CRIVIFON) Executive Director Gloria Egbuji and Committee for the Defence of Human Rights (CDHR) president Malachy Ugwummadu.

    Agbakoba: implement Musdapher’s  programme

    To Dr Agbakoba, poor salaries of judges “are a key source of corruption.”

    He advised the CJN to immediately implement the Federal High Court decision in Agbakoba vs AGF which granted the National Judicial Commission (NJC) judicial independence, so as to get rid of the symptom of poorly paid Judges.

    Agbakoba also advised the CJN to embark on “a roots and branches reform of the judicial system by simply implementing the programme of the late CJN Musdapher Mohammed who I consider to be the most reform driven CJN ever but whose tenure was too short.”

    Restore public confidence in judiciary

    Shittu advised the CJN to “always lead by example and demand such impressive examples from other judges.

    “Secondly, the CJN should institutionalise a policy of zero tolerance for corruption across board.

    “Thirdly, he should banish impunity from our collective consciousness. He should insist on obedience for court orders.

    “Fourthly, he should put in place measures to avoid delays in our justice delivery system.

    “Fifth, the CJN should restore public confidence in the judiciary by emphasising competence, integrity, character and capacity in judicial appointments and justice delivery services

    “The CJN as the chair of NJC must overhaul the operations of NJC by enforcing consequences for judicial infractions.”

    The law lecturer also made a case for quality and sufficient infrastructure for the judiciary, adding that “of particular significance is enhancing the quality of the judiciary through the deployment of information communication technology,

    “In summary, the CJN must strengthen constitutionalism, respect for the rule of law, due process, accountability and transparency and enhance our democratic institutions.

    “The CJN as the symbol of justice in our country must deliver as a jurist and ensure that judges deliver too as jurists. The goal at all times should be the attachment of justice as the hallmark of his tenure.”

    Shittu surmised his advice to the CJN into 10 key points saying there must be: “measures to restore public confidence in the justice delivery system; measures to prevent delays in the administration of justice; measures to strengthen appointment procedures for judicial officers; measures to improve the quality of infrastructure and information communication technology in our courts; measures to enhance the disciplinary enforcement mechanisms of the judiciary; measures to boost training and retraining of our judicial officers and other stakeholders in the administration of justice; measures to deliver zero tolerance for corruption; measures to enhance constitutionalism and rule of law; measures to deepen our democratic institutions and measures to deliver on good governance through the instrumentalities of the judiciary.”

    Make third arm of govt instrument of social engineering’

    According to Dr Yusuf, the CJN’s confirmation should provide an opportunity for the judicature to “redeem, regenerate and rejuvenate itself.

    “The ordinary citizen must have confidence in the justice system.

    “Society will be brutish and anomie will reign if Nigeria’s justice is seen to be for the highest bidder”, he argued.

    Yusuf advised the CJN to invest heavily in Information, Communication and Technology and ensure all processes and procedures are computerised. Anachronistic methods should be jettisoned.

    He said corruption that had “crept into the judiciary, must be eschewed like the plague. “Judiciary must cleanse itself of the Judases among them. Transparency, accountability and probity should be the creed of the judiciary under CJN Tanko Muhammad. There should be no sacred cow”.

    He further suggested that the country’s criminal justice should be rejigged emphasising that the burden of proof should now shift to the accused.

    ”Overall, CJN Tanko Mohammad should make a difference and ensure the third arm of government becomes a veritable instrument for social engineering and an arm that can effectively checkmate the other arms against recklessness and impunity. The society expects a lot from him and he cannot afford to be a disaster”, Yusuf stressed.

    ‘Decentralise Supreme Court’

    Ubani urged the CJN to “roar into action” by tackling some of the debilitating factors hindering the smooth administration of justice, especially at the apex court.

    He said it was heart-warming that the Chief  Justice of Nigeria recognised corruption as part of the judicial problems that needs to be tackled seriously and urgently emphasising that the judiciary needs to cleanse itself of any corrupt element and  position itself for the task of dispensing pure and undiluted justice to all and sundry.

    According to him, “one of the greatest problems confronting litigants and lawyers today with regards to adjudication of cases at the apex court is the time it takes  whether it is on  civil or criminal matters for appeals to be heard.

    It is said that Justice delayed is justice denied, but we are all witnesses in this country to  the time it takes for matters pending before the Court of Appeal and most importantly before the Supreme Court to be heard on its merit except Election Petition Matters.

    “Llitigants have died waiting for justice that is never dispensed on time. My personal suggestion will be for the current Chief Justice of Nigeria to come up with an idea that will facilitate quicker dispensation of justice at the appellate jurisdictions. Timely Case-Management Report of judges at the lower bench to the National Judicial Council (NJC) has helped somehow to curb the excess delay of Justice at that level’’.

    Still at the lower level, more attention should be paid to the judges at the Federal High Courts. We are still experiencing some form of uncanny delay with some of the judges in the various states of the federation.Ubani advised that Judges of the National Industrial Courts all over the country should be encouraged more as they seem more organised and have done well in protecting the interests of litigants who genuinely approach them for justice with justiciable issues that deserve judicial remedy.

    He noted that the State High Court judges are  doing their best to administer justice to all and sundry but regretted that cases that are on appeal are often subjected to long delays especially at the Supreme Court level.”We should decentralise the Supreme Court according to the six geographical zones with same jurisdiction. If that is not possible, we should amend the constitution to accommodate about 150 judges at the apex court that should be on several panels to handle many pending appeals at the Supreme Court.

    ‘’The present method with less than 30 Justices at the Supreme Court is slowing down Justice delivery system at the apex court and the consequences to our entire legal system on peace and order is frightening. We need to be proactive with this approach if we sincerely desire to tackle the issue of delay at the apex court”, he contended.

    He urged the CJN to pay attention to the criminal administration of justice on the issue of detention without trial by the security agencies. According to him: “The constitutionally guaranteed right of bail upon arrest must be respected.The timeline within which to detain a citizen must also be respected (the 1999 Constitution as amended prescribed a maximum period of 48 hours).

    “On no account should any magistrate/judge make an order elongating the detention of a citizen without the knowledge of that citizen or where the law allows such an order to be obtained ex parte, then the Magistrate or the Judge as the case may be must give an order directing that such order prolonging the detention of the citizen be served on the citizen immediately to enable him seek redress if the order is unjustly obtained.”

    Ubani said the issue of discipline, both of the bench and bar, must be maintained remarking that the legal profession is built on discipline and  encouraged the current CJN to maintain it in order to attract the deserve respect from the citizens.

    ‘’The truth of the matter is that a lot needs to be done to strengthen the judiciary both administratively and constitutionally. We will advise that the CJN must ensure that welfare and comfort of the judges are guaranteed and judges must be given the confidence to be bold and fearless in dispensing justice. That can only come if the judiciary is truly independent and financially autonomous.

    ‘’The new CJN must ensure that this independence is guaranteed and the financial autonomy secured both at the states and at the Federal level”, he said.

    On her part, Egbuji called for a vibrant incorruptible judiciary devoid of  favouritism and political partisanship.

    She yearned for “a judiciary where rule of law and respect for people’s fundamental rights are respected irrespective of class,  political leanings and ethnicity; a judiciary where justice is not delayed to make it justice denied; a judiciary where the NJC is incorruptible and fearless in carrying out its constitutional duties.”

    Egbuji also stressed the need to ensure best the  judges and magistrates are recruited and trained.

    She said ethnicity and political leanings should be removed in the performance of judicial duties.

    She also urged the CJN to ensure and fight for  full independence of the judiciary.

    Ensure access to justice for all

    Ugwummadu said the weak and vulnerable in the society should have greater access to justice.

    He wants issues such as cost of litigation and technicalities such as locus standi addressed.

    The  CDHR President called for institutional reforms that would create capacity and empower state bodies such as the National Human Rights Commission, Legal Aid Council and others, to play greater roles in granting access to the public to justice.

    He enjoined the CJN to pursue and see through the campaign for greater independence of the judiciary.

    The CJN, he added, should  introduce greater transparency and inclusiveness in the recruitment processes of judges and justices aimed at greater  competence, integrity, legal  knowledge and established sense of justice.

    Furthermore, Ugwummadu urged the CJN to confront known and perceived corruption in the judiciary, institutionalise regular and continuing legal education and training for judges and judicial officers on new areas of the law and strengthening of disciplinary institutions and procedures to serve as deterrent.

  • Defence team kicks as conduct tribunal orders Onnoghen to open defence Monday

    Proceedings ended abruptly and on a rowdy note yesterday at the resumed hearing in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, before the Code of Conduct Tribunal (CCT) as his lawyers protested what they viewed as the highhandedness of the tribunal Chairman, Danladi Umar.

    Adegboyega Awomolo (SAN), who led the team of lawyers for Onnoghen, accused the CCT Chairman of oppressing the defendant and his lawyers when, shortly after delivering a ruling on the no-case submission made by the defendant, Umar insisted that the suspended CJN must open his defence on Monday (April 1, 2019).

    Awomolo told Umar: “Stop oppressing us. This is not justice.” He repeated the statements about three times when the CCT Chairman refused to yield to his appeals that the defendant be afforded sufficient time to prepare for his defence and be allowed to return next week Friday.

    While Awomolo was still on his feet, pleading with the tribunal Chairman to reconsider his position, Umar stood up, announced that the proceedings had been adjourned till Monday and walked away, leaving the two other members of the tribunal to scamper after him.

    As Umar and the other members of the tribunal walked out of the tribunal’s sitting venue, many lawyers in the defence team shouted in protest, saying: “This is not how to do justice.”

    A dejected Awomolo, who appeared to have been taken aback by Umar’s conduct, said: “If this is justice, then, God bless Nigeria,” a statement he repeated about four times.

    Proceedings had commenced earlier in the day on a friendly note, with the tribunal Chairman exchanging pleasantries with lawyers to both the prosecution and defence when the case was called.

    Shortly after, Awomolo argued the defendant’s no-case submission and urged the tribunal to discharge and acquit his client on the grounds that the prosecution was unable to establish a prima facie case against the defendant.

    Read also: Protest as CCT orders Onnoghen to open defence on April 1

    Awomolo faulted the entire evidence led by the prosecution and exhibits tendered and urged the tribunal to hold that it is not worth it calling on Onoghen to defend himself.

    He said the entire proceedings had become a nullity because the process leading to the commencement of the trial did not comply with the procedure provided for in the CCB’s Standard Operating Procedure (SOP) 2017.

    Awomolo made a lengthy submission, during which he cited many decided cases, including a 2013 ruling by the tribunal (a copy of which he later offered the tribunal), urged the tribunal to be guided by past decisions.

    At the conclusion of his submission, the CCT Chairman commended Awomolo for his brilliant and “well-articulated” argument.

    Prosecution lawyer, Aliyu Umar, offered a counter-argument and urged the tribunal to reject Onnoghen’s no-case-submission and order him to enter defence.

    The prosecution lawyer said the prosecution’s case was simple and relates mainly to the defendant’s failure to declare his assets.

    He said: “We are not accusing him of having $300m in his accounts. What we are saying is that he failed to declare his assets on his appointment as Justice of Supreme Court and that he operated domiciliary accounts since 2009 and 2010 without declaring them.”

    After listening to the arguments by parties, the tribunal Chairman, to the dismay of most of those at the proceedings, announced that ruling would be delivered in two hours’ time.

    When the tribunal resumed around 2pm, Umar read his ruling, in which he rejected the submission by Awomolo.

    He rejected Awomolo’s argument that the process leading to the filing of the charge was not in accordance with the procedure provided in the CCB’s SOP.

    Umar noted that the SOP, which was a creation of the former board of the CCB, led by Sam Saba, was no longer in use because it had been abused by that board.

    CCT Chairman said the operations of the CCB was currently being guided by the Constitution since it has discarded the SOP, which he said the former board abused.

    The CCT Chairman accused the defendants of deploying technicalities to prevent the hearing of the case despite the glaring evidence, suggesting that the defendant has a case to answer.

    Umar said the tribunal was not bound by technicality, but was interested in always ensuring justice.

    He refused the no-case submission and said the tribunal was convinced that the prosecution had established a prima facie case, warranting the defendant to enter his defence if he has any.

    The tribunal Chairman added: “The defendant himself made a written admission, without duress, that he forgot to declare the domiciliary accounts maintained in Standard Chartered Bank. That is, the euro account, the dollar account, the pound sterling account and the two naira accounts.

    “His confessional statement is more than enough to warrant the defendant to enter defence, if he has any.

    “The tribunal shall never be swayed from exercising justice, no matter whosoever appeared before it, irrespective of his/her status in life. After all, all of us are from the same source – dust.”

    Umar added that by the evidence led by the prosecution through its three witnesses, and the documents tendered, including the statement by the defendant, “where he confessed that he forgot the accounts and that he made mistakes in not declaring the accounts,” are sufficient to make the tribunal demand that the defendant defend himself against the charges.

    He said the need for the defendant to defend himself was “to clear his name, because the name has been tainted so much.” He proceeded to reject the no-case submission and ordered the defendant to “enter a defence.”

    At the conclusion of the ruling, Awomolo applied that a certified true copy (CTC) of the ruling be made available to the defendant to enable him prepare for his defence. Awomolo prayed the court to allow the defendant return next week Friday for his defence.

    The tribunal Chairman assured Awomolo that the tribunal’s registry will make the ruling available to him before the close of work yesterday. He directed the defendant to return on Monday for his defence; a decision the defence lawyer pleaded with Umar to reconsider.

    Awomolo pleaded with the tribunal Chairman to remember that the Constitution provides that a defendant was entitled to adequate time and materials to prepare for his defence.

    While Awomolo was still on his feet, appealing to the tribunal Chairman to reconsider his position in relation to the next adjourned date, Umar, who appeared unmoved by all that the lead defence lawyer was saying, sprang up from his seat and said: “That is the decision of the tribunal. Come and open your defence next Monday. The case stands adjourned to Monday.”

    At that point, Awomolo stopped begging the tribunal Chairman and told him to stop oppressing the defendant and his lawyers.

    Umar did not respond to Awomolo. He simply turned away and walked straight out of the tribunal’s sitting venue, leaving everyone dazed.

    As Umar walked away and other members of the tribunal in toe, a dejected Awomolo said: “If this is justice, I pray for Nigeria.”

    He later had a little altercation with the lead prosecution lawyer, Aliyu Umar, who he accused of not intervening when the tribunal Chairman was imposing a date on the defendant. Umar shot back at Awomolo, saying he did nothing wrong.

    The suspended CJN is being tried on a six-count charge of non-disclosure of assets. He has however appealed yesterday’s ruling of the tribunal rejecting his no-case submission.

    In the notice of appeal filed at the registry of the CCT, shortly after the ruling, the defendant raised five grounds of appeal, in which he faulted the tribunal’s decision and urged the Court of Appeal to, among others, set aside the ruling.

  • Operate within the law, Acting CJN admonishes military

    The Acting Chief Justice of Nigeria, Ibrahim Tanko Mohammed yesterday said the military remains a critical institution for the success of any democratic government, asserting that Nigeria would continue to appreciate its military for the sacrifices it made to keep the country united.

    Delivering a keynote address at the Nigerian Air Force Headquarters, Abuja, during the opening of the 2019 Edition of the Law of Armed Conflict (LOAC) Retreat for NAF Officers, Justice Mohammed said the military deserves public support for its efforts in supporting democratic institutions during elections and for maintaining peace and order during internal operations.

    He, however, cautioned that it was imperative for the military to operate within the ambit of the law while going about its kinetic and non-kinetic operations to avoid criticisms within and outside the country.

    Justice Mohammed, who lauded the NAF for supporting INEC to airlift its personnel and electoral materials across the country during the  general elections, noted that such efforts as well as NAF medical outreaches and provision of succour to flood victims cannot go unappreciated.

    Justice Mohammed said: “More recently your role in moving logistics and electoral personnel did not also go unnoticed. Such Support no doubt increases public support which is key to the success of ongoing counter insurgency operations all over the country.

    “I want to reiterate that considering the asymmetric nature of the type of war we now engage in, the military cannot function without public support. If we juxtapose this with the increasing focus and criticism of military operations at both local and international levels, the need to act within the laws during military operations therefore become undeniably imperative”.

    The Chief of the Air Staff (CAS). Air Marshal Sadique Abubakar dismissed as untrue insinuations that NAF fighter Pilots dropped bombs selectively during its air operations thereby commiting infractions against citizens and violating their rights.

    REad also: CAN condemns reverend father’s kidnapping in Kaduna

    Air Marshal Abubakar said the retreat was organised to bring stakeholders together in a way that they would interact with NAF Legal Officers, and fighter pilots to enhance their operations for better delivery of service.

    The CAS said: “The NAF relies on our Legal Services Directorate in navigating the legal waters which sometimes become turbulent as a consequence of the strict requirements for the military to adhere to LOAC’’.

    between Nigeria and some of its allies. It is for this reason that we continue to reiterate the importance of adhering to LOAC during military operations.

    “ The aim of this retreat therefore is to provide the platform for interaction between participants and expert in the legal field with a view to equipping our legal officers and field commanders with a better understanding of LOAC”.

     

  • Breaking: Onnoghen likely to face fresh criminal charges

    The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, may face two fresh trials on alleged huge deposits on his accounts.

    There were indications that Onnoghen might be tried for alleged several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.

    The latest cases also border on alleged strange deposits in his accounts and cash gifts from some Senior Advocates of Nigeria( SANs).

    It was learnt that the Federal Government has delayed the arraignment of the CJN in deference to the constitutional provisions on the National Judicial Council (NJC).

    The constitution stipulates that such allegations against a judicial officer should first be presented to the NJC.

    The Economic and Financial Crimes Commission (EFCC) has submitted a petition and a comprehensive report on Onnoghen’s accounts to the NJC.

    A top government official, who spoke in confidence with select newsmen, said there are three dimensions to the allegations against Onnoghen.

    He said apart from the trial of Onnoghen at the Code of Conduct Tribunal (CCT), there might be two other cases against him.

    The source said the suspended CJN might be arraigned before a High Court of Justice very soon.

    The source said: “When President Muhammadu Buhari decided to suspend Chief Justice Walter Onnoghen on the 25th of January, 2019, it was in response to serious allegations of irregularities, illegalities and criminal conduct contained in petitions submitted against the top judicial officer, and indeed some findings of the Economic and Financial Crimes Commission (EFCC), which not only substantiated those petitions but threw up even more damning facts.

    “Since then, there have been several public revelations and judicial proceedings which are sometimes confusing to members of the general public.”

     “For clarity, there are two different cases currently ongoing before constituted panels and a separate ethical issue in the public domain,

    “The first point of focus has been the failure of the Chief Judge to declare his assets immediately after taking office and every four years thereafter, as required by the 1999 Constitution, which is the supreme law of the land, and the Code of Code of Conduct Bureau and Tribunal Act.

    “This particular illegality has been admitted in writing by the Chief Justice himself and is a matter for criminal prosecution now before the Code of Conduct Tribunal (CCT).

    “But we must note that because of its specialised nature, CCT has a narrow jurisdiction and the case before it is confined to the issues of asset declaration, failure to declare assets as required by law and false declaration of assets.

    “That is what the CCT had been hearing since charges were first filed against the CJN on the 10th of January, 2019.

    “The prosecution recently closed its case and lawyers to the suspended CJN are now to open the defence or make a no case submission. Just for clarity, it is worth emphasizing that the CCT will only treat issues relating assets declaration.”

    Read also: Onnoghen: No allegations of $3m, 55 houses before tribunal – Prosecutor

    The source gave insights into the new cases against the suspended CJN.

    He added: “The more interesting aspect of the suspended CJN’s dilemma involves allegations of several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.

    “It is alleged, for instance, that the suspended CJN is the owner of some domiciliary accounts primarily funded through US dollar cash deposits made by himself.

    “More disturbing is the pattern of deposits which, according to EFCC, were made in a manner inconsistent with financial transparency and the code of conduct for public officials.

    “These include instances of repeated cash deposits of 10,000 US dollars each, totaling close to two million dollars.

    “These serious allegations would ordinarily have gone to the High Court for prosecution, but for a case precedent which stipulates that such allegations against a judicial officer should first be presented to the National Judicial Council, more or less an internal disciplinary panel for erring judicial officers, before being prosecuted in a criminal court.

    “The allegations of unexplained wealth, huge cash deposits being made into the suspended CJ’s Naira, dollar and pound sterling accounts directly from the court and well beyond his estacode and other allowances; unexplained payments into the suspended CJN’s account by lawyers who at the same time were appearing before him for adjudication, etc, are currently being handled by the NJC and would be filed in court after the NJC has made its decision on them.”

    Responding to a question, the top source said: “We must not miss the point that EFCC is also a petitioner against the suspended CJN.

    “After carrying out an extensive investigation, some of the findings submitted by the Commission are truly shocking.

    “For instance, there are findings to the effect that the CJN allegedly received a Mercedes Benz car and dollar cash deposits from Joe Agi, appearing, who is a Senior Advocate.

    “Worse still, the CJN is shown to have received cash gifts directly into his bank accounts from several other senior advocates.

    “These implicating cash transactions were going on, in dollar and Naira, even up to 2017 and 2018.

    “Even as the world eagerly awaits the decision of NJC on these matters, it is pertinent to emphasize that the conclusion of the cases before the CCT and NJC is not likely to be the end of the matter. Criminal charges are still to be filed in court.”

  • Onnoghen: No allegations of $3m, 55 houses before tribunal – Prosecutor

    Mr. Aliyu Umar (SAN), the lead prosecutor in the trial of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, said yesterday that the Federal Government did not table allegations of undeclared $3million against Onnoghen before the Code of Conduct Tribunal.

    He also said all the six charges against Onnoghen made no references to 55 houses.

    Government, he said, only accused Onnoghen of breaching the Code of Conduct Act with his failure to declare and disclose five Standard Chartered Bank’s Statement of Accounts in his Asset Declaration Form.

    He said the Economic and Financial Crimes Commission (EFCC) wrote a separate petition to the National Judicial Council (NJC) on some accounts and issues on inflows into Onnoghen’s accounts.

    The Nation gathered yesterday that the EFCC had quizzed the driver to the CJN, Mr. Emmanuel Essien as part of its ongoing probe.

    Essien was released after his interrogation by the operatives of the anti-graft commission.

    Umar, who spoke exclusively with our correspondent, said: “There is a lot of falsehood in the public space which I need to correct. The government did not file complaints bordering on $3million and 55 houses against Onnoghen before the Code of Conduct Tribunal.

    “I am aware that the EFCC wrote a separate petition to the NJC on some alleged infractions, including the accumulated $3million in Onnoghen’s accounts but those allegations are not before the CCT. The NJC is handling this matter separately.

    “There is a deliberate attempt to mislead the public by using the proceedings at the tribunal to address the petition before the NJC. They are even alleging that the prosecution could not prove its case. There was a distortion of the proceedings of the tribunal to fit a propaganda focus.

    “The case before the tribunal is just about failure to declare five accounts and alleged violation of the Code of Conduct Act. The same figures being twisted in the public space were the exhibits presented to the tribunal by the prosecution to prove its case against Onnoghen.

    “The Exhibits the government presented to the tribunal were as follows:

    • CCB4o, CCB4p, CCB4q for Onnoghen’s Euro Account No. 93001062686 with NUBAN No. 5001062686 with a balance of $10, 187.18(USD) as at 11th January 2019
    • CCB4r, CCB4s, CCB4t and CCB4u for Onnoghen’s Pound Sterling Account No. 285001062679 with NUBAN No. 5001062679 with a balance of £13, 730.70 as at 11th January 2019
    • CCB4v, CCB4w, CCB4x, CCB4y and CCB4z, CCB4za, CCB4zb, CCB4zc, CCB4zd, CCB4ze, CCB4zf for Onnoghen’s Dollar Account No. 0001062650 with a balance of $63, 832.99 USD as at 11th January 2019.
    • CCB4zg, CCBzh, CCB4zi, CCB4zj and CCB4zk for Onnoghen’s Naira NUBAN Account No. 0001062667 with a balance of N2, 556, 019. 25 as at 11th January 2019.
    • CCB4zl, CCB4zm, CCB4zn, CCB4zo and CCB4zp and CCB4zq, for Onnoghen’s Nigerian Naira NUBAN Account No. 5000162693 with a balance of N12, 852, 580.52 as at 11th January 2019.

    “Any Nigerian is free to apply for a copy of the charges against Onnoghen at the CCT and he or she will know that they were explicit.

    Quoting from “Further affidavit and Better Affidavit before the tribunal, Umar said: “We submit that there are two important reasons to be observed from this case against the defendant.

    “These reasons are as follows:  (1) The complainant no doubt is the body responsible for code of conducts of the public servants in Nigeria. (2) That the depositions and exhibits attached to the further affidavit glaringly show that the allegations of breach of code of conduct against the defendant are strong, cogent and compelling.

    “We submit that by the strength of the allegations of the breach of Code of Conduct Act, the defendant was alleged to have failed to declare and  disclose his five Standard Chartered Bank Statement of Accounts in his Asset Declaration Form of Public Officer Exhibit CCB 3 and Exhibit CCB5 deposed to in paragraphs 5-11 of the Further Affidavit.”

    Umar dismissed allegations that the prosecution chickened out by closing its case when it had no fact.

    He added: “The prosecution also did not close its case abruptly as being insinuated by some commentators. We listed six witnesses including the petitioner, a staff of Standard Chartered Bank and four from the Code of Conduct Bureau.

    “Two staff of the Code of Conduct Bureau testified as PW 1 and PW2 and a staff of the Standard Chartered Bank testified for the prosecution. Those who came for the Code of Conduct Bureau were investigators and at a point during cross-examination, it was the defence which asked one of them that their testimony was likely to be the same.”

    Meanwhile, the EFCC has interrogated a driver of the CJN, Mr. Emmanuel Essien.

    A source said: “As part of our investigation, we interrogated Essien and released him afterwards. We will still need to interact further with him,” a top source added.

    The Coalition of United Political Parties (CUPP) alleged yesterday  that Essien was abducted.

    The coalition, in a statement by its spokesman, Ikenga Imo Ugochinyere, also condemned the interrogation of Essien.

    It said: “The CUPP sees this new offensive against Onnoghen as one too many.

    “We note that the government, having seen from yesterday’s proceedings at the Code of Conduct Tribunal that the trump up charges filed against him may not fly, has resorted to hunting for evidence to further indict him.

    “We reiterate our position that President Muhammadu Buhari is desperate to see Onnoghen resign without any justifiable reasons.”

     

  • Don’t issue Certificate of Return to Ihedioha, 20 political parties, Imo youths tell INEC

    YOUTH Sunder the aegis of Imo Youth Council (IYC) have petitioned the Chief Justice of Nigeria (CJN), Ibrahim Tanko, to wade into the “constitutional crisis brewing in the state over the outcome of the general election.”

    The Independent National Electoral Commission (INEC) had declared the governorship candidate of the People’s Democratic Party ( PDP), Emeka Ihedioha as the governor-elect.

    But in a petition signed by the National President and National Speaker of the IYC, Comrade Ikechukwu Obiora and Hon Samuel Godstime Chukwubuikem respectively, the youths urged the CJN to prevail on INEC to observe and respect the provisions of the Nigerian Constitution as it applies to the emergence of a winner in a governorship election.

    They posited that the declaration of the PDP candidate as the governor-elect is a clear violation of the constitution and should be reversed before it escalates into full-blown constitutional crisis.

    According to the youths, INEC as an institution should not operate outside the provisions of the constitution or laws establishing it, adding that no person or institution is above the constitution.

    The petition reads in part, “We the youths of Imo State and other well-meaning Imolites have observed with grave concern, the flagrant disregard of the Nigerian Constitution by the Independent National Electoral Commission (INEC) in the governorship election of Imo State.

    Read also: Gbenga Daniel for minister!

    “INEC returned the governorship candidate of the People’s Democratic Party (PDP), Emeka Ihedioha as governor-elect in a reckless  violation of Section 179 of the Constitution of the Federal Republic of Nigeria, which stipulates  that a candidate for an election to the office of the governor of a state shall be deemed to have been duly elected where, there being two or more candidates; he has the highest number of votes cast at the election, and he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state.

    “The statistics of the result of the governorship election showed that the PDP candidate did not score the percentage of vote required to be declared as governor-elect. We are therefore as concerned youths of Imo State soliciting your intervention to prevail on INEC to withdraw the purported declaration and order a fresh election to avoid impending constitutional crisis”. “We are therefore demanding that a date be fixed for a fresh election in the state and if a winner emerges in accordance with the provisions of the constitution,  we shall gladly accept the verdict as the collective will of the people of the state, but we will employ all legitimate means to ensure that the illegality foisted on the people of the state by INEC does not stand.”

    Meanwhile, 20 political parties have also called on INEC not to issue Certificate of Return to the PDP candidate because according to them, no winner has emerged yet in the March 9 governorship election.

    The candidates described the declaration by the state Returning Officer for the governorship election,  Prof. Francis Otunta, as shocking and an aberration, adding that,  “as a Professor of Mathematics,  he should have known what 25% of 2-3rd vote cast in the 27 local government areas”.

    They strongly contended that the declaration was not in tandem with the provisions of constitution.  At a press conference in Owerri, the state capital, the governorship candidate of Masses Movement of Nigeria (MMN), Jerry Iheanacho, who spoke on behalf of others, said that they had individually decided to challenge the outcome of the governorship election at the election Petitions Tribunal.

    Iheanacho, noted that the declaration of Ihedioha as the winner of the election was “a rape of our constitution”.

    The governorship candidate said ” it is not about Ihedioha but it is about what the constitution says. From the results as announced by INEC, the PDP candidate didn’t meet the constitutional requirement to have been declared the governor-elect.”

  • Why I ordered Onnoghen’s suspension, by CCT chair

    Code of Conduct Tribunal (CCT) Chairman Danladi Yakubu Umar yesterday defended the ex-parte application he granted for the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN).

    The decision is in line with the inherent powers of the tribunal, Umar said, adding: “It is left to the appellate court to determine whether or not the order was rightly or wrongly granted.”

    He also explained why the tribunal did not comply with orders by the High Court of the Federal Capital Territory (FCT) and the National Industrial Court to halt Justice Onnoghen’s trial. They are courts of coordinate jurisdiction, Umar said.

    He, however, stressed that the chairman and members of the CCT are not “constitutionally subject to disciplinary proceedings by either the National Judicial Council (NJC) or the Federal Judicial Service Commission (FJSC)”.

    According to the CCT chairman, only the Court of Appeal and the Supreme Court have supervisory powers over the tribunal.

    Umar made the clarifications in his response to a query sent to him by the FJSC following a petition by a lawyer, Grace Stephen Wogor, that the CCT chairman acted ultra vires in granting an order for the suspension of the CJN.

    The tribunal, on January 23, approved an ex-parte application which led to the suspension of Justice Onnoghen by President Muhammadu Buhari.

    In his response to the FJSC query/letter, Umar said the tribunal has the powers to hear the ex-parte motion.

    Besides, he said the tribunal has the jurisdiction to try the CJN.

    It was the first time the position of the tribunal on Justice Onnoghen’s trial will become public knowledge.

    Umar  said: “I acknowledge the receipt of your letter Ref: FJSC/ 38/01/5/58 dated 1st February 2019 on the above subject matter, I have examined  the contents of your letter under reference  and the accompanying petition thereto and would like to comment as follows;

    “The petitioner, Grace Stephen Wogor, in her petition, alleged eight grounds in her petition, which  in summary could be consolidated to only four grounds.

    “The petitioner had alleged that I granted an ex-parte Order directing the President to suspend the Chief Justice of Nigeria, who is a defendant in a charge filed against him at the tribunal.

    “It is important to state that I acted within the inherent powers and jurisdiction of the tribunal and that whether or not the order was rightly or wrongly granted is now a matter to be determined by the Court of Appeal since the defendant appealed against the ex-parte order.

    “Therefore, with the appeal against the ex-parte Order at the Court of Appeal, the matter is now subjudice.”

    On the assumption of jurisdiction for the trial of Justice Onnoghen, the CCT chairman said the tribunal has the legal backing to put him in the dock.

    He said: “The petitioner alleged that I assumed jurisdiction on the matter of the CJN as defendant in a charge filed against him by the Code of Conduct Bureau (CCB).

    “The defendant (Onnoghen) had appealed the ruling of the tribunal on the jurisdiction to the Court of Appeal.

    “On 30th January, 2019, the Court of Appeal delivered a ruling on the appeal filed by the defendant to the effect that the defendant should appear before the Code of Conduct Tribunal to answer the charges filed against him by the CCB.

    “Consequently, the appeal by the defendant was dismissed by the appellate court, thereby affirming the ruling on the tribunal’s jurisdiction.”

    On failure to comply with some lower court orders to halt the Justice Onnoghen’s trial, the CCT chair said it was because they are courts of coordinate jurisdiction with his tribunal.

    He added: “The petitioner alleged that I failed to comply with orders issued by the High Court of the Federal Capital Territory and the National Industrial Court restraining the tribunal from taking further steps in a matter before it.

    “It is worthy of note that both the High Court of FCT and the National Industrial Court are courts of coordinate jurisdiction with the CCT.

    “More so, the High Court of FCT and the National Industrial Court have nothing to do with any matter pertaining to Non-Declaration of Assets. The tribunal is the only court that has jurisdiction on the matter relating to failure to declare assets or false declaration by public servants.

    “The only courts that have supervisory powers over the tribunal are Appeal Court and the Supreme Court of Nigeria.”

    The CCT chair denied breaching judicial oaths because he did not subscribe to such, he could not be sanctioned either by the NJC or the FJSC.

    Umar said: “The petitioner alleged that judicial oaths were breached and that the NJC should consider appropriate sanctions.

    “It is to be noted that the chairman and members of the CCT are not judicial officers. This is predicated on the fact that the chairman and members of the tribunal, during swearing into office, only subscribe to official oaths and not judicial oaths.

    “Therefore, not being a judicial officer, I did not subscribe to Judicial Oaths and therefore could not have breached any Judicial Oaths as alleged.

    “With regards to the prayer of the petitioner for appropriate sanction against the CCT chairman, it is important to note that the chairman and members of the tribunal, not being judicial officers, are not constitutionally subject to any disciplinary proceedings by either the NJC or the Federal Judicial Service Commission (FJSC).”

  • How Onnoghen underwent surgical evacuation, by hospital report

    Details of the health challenges of the suspended Chief Justice of Nigeria Walter Onnoghen emerged yesterday from a report presented to the Code of Conduct Tribunal.

    A private hospital in Abuja, Ideal Dental Services, claimed that Justice Onnoghen underwent surgical evacuation of abscess (Incision and drainage) in tooth No. 34.

    Justice Onnoghen has been discharged from the hospital but he is expected to “observe strict bed rest for 72 hours”.

    The CJN is facing a six-count trial at the Code of Conduct Tribunal (CCT).for allegedly not declaring some of his assets.

    Justice Onnoghen initially refused to appear before the tribunal. A bench warrant was issued by the Chairman of CCT Mr. Danladi Umar, for his arrest if he failed to show up.

    Following Justice Onnoghen’s appearance, the CCT chairman revoked the bench warrant and adjourned the trial for Tuesday.

    His lawyer, Mr. Adegboyega Awomolo (SAN), on Tuesday, however, told the Code of Conduct Tribunal (CCT) yesterday that his client was down with High Blood Pressure (HBP).

    The report was signed by the Medical Director/CEO, Dr. Francis Uche”

    The report, exclusively obtained by THE NATION, said: “This is to certify that Mr. Walter Samuel Nkanu Onnoghen presented to our clinic on the 8th of March 2019 on account of pain on the left gum for which he was examined and placed on antibiotics with analgesics.

    “However, he represented here today as an emergency with severe pains from the left jaw, throbbing headache, dizziness and fever.

    “Physical examination revealed an acutely ill-looking, middle-aged man with tenderness over the left jaw on palpation.

    “Intraoral examination revealed a buccal abscess related to tooth No 34 which is a dental implant. “Patient’s presenting blood pressure was 210/121mmHg while radiological investigations revealed apical radiolucency of tooth No.34.

    “A diagnosis of dento-alveolar abscess in a background of hypertensive emergency was made and an immediate surgical evacuation of abscess (incision and drainage) under local anesthesia was done.

    “Patient was discharged home on parenteral antibiotics and placed on anti-hypertensive to be administered by his personal physician.

    “He is also to observe strict bed rest with close monitoring of blood pressure and other vital signs for 72hours following which he is to come for post-operative folIow-up check.  Kindly accord him the necessary assistance.”