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Tag: Chief Justice of Nigeria

  • Breaking: Onnoghen: CCT adjourns trial indefinitely

    The Code of Conduct Tribunal (CCT) has adjourned indefinitely, proceedings in the case against the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Tribunal Chairman, Danladi Umar announced the adjournment on Monday. He said the tribunal wishes to await the decision of the Court of Appeal, Abuja in a motion for stay of proceedings filed by the CJN and on which arguments were taken on January 24 this year.

    Read Also: Lawyers protest Onnoghen ’s suspension

    Umar said the adjournment was in obedience of the interim order of stay of proceedings made on January 24 by the Court of Appeal.

    The tribunal commenced sitting today at 11 am, as against the usual practice where the tribunal sits by 10am.

    Details later…

     

  • Quit now, PDP tells Acting CJN

    The People’s Democratic Party (PDP) has called on the Acting Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammed to quit the office without delay.

    In a statement on Saturday, the main opposition party, described Justice Muhammed’s swearing in of members of the 2019 election petition tribunals on Saturday as illegal and complete nullity.

    The statement, signed by the spokesman for the PDP, Kola Ologbondiyan, insisted that Justice Muhammed cannot function as the Chief Justice of Nigeria, as there is no vacancy in that office.

    It added that the 1999 Constitution (as amended) did not make provision for Chief Justices of Nigeria at any particular time, stressing that in the eye of the law, Justice Walter Onnoghen is still in charge as the Chief Justice of Nigeria.

    The PDP drew the attention of Justice Tanko Muhammed to the fact that he is allowing himself to be used by despotic forces in their bid to truncate the nation’s hard-earned democracy.

    Read Also: CJN’s suspension: Agbakoba, activist kick

    The statement further said, “It is also imperative for Justice Tanko to agree that, having allowed himself to be used to desecrate the hallowed temple of justice, his oath of office and oath of allegiance, the only option left for him is to quit the bench.

    “The PDP reminds Justice Tanko of his membership of the panel set up by the National Judicial Council (NJC), which on March 14, 2018, forced Justice Obisike Orji to quit the bench and go on a compulsory retirement, for allowing himself to be sworn in as the Acting Chief Judge of Abia State without the statutory recommendation of the NJC.

    “From Justice Tanko’s first illegal assignment, which is the swearing-in of election tribunal Justices for the forthcoming elections, Nigerians can now see the raison d’etre for his illegal appointment.

    “This action is in itself a nullity and we caution the said justices to be reminded of the popular maxim that something cannot be built on nothing.

    “Nigerians can recall that the PDP had always alerted that President Buhari is bent on removing Justice Onnoghen so as to replace him with a pliable CJN that would help him uphold his rigging plots and achieve his self-succession bid, having realized that he cannot win in any free and fair electoral contest.

    “The PDP invites the world to note that when Nigerians were in the trenches for this democracy, General Muhammadu Buhari, as he was then known, was in cahoots with the last dictator against the will the people. It is therefore not strange that today, President Buhari, once again, wants to subdue our democracy and subvert the rule of law.

    “However, the PDP wants President Buhari to know that Nigerians, irrespective of tribe, creed or political leaning, will never allow anybody, no matter how highly placed, to push our nation to the abyss of anarchy”.

  • Onnoghen’s suspension, a coup against democracy, says Saraki

    Senate President, Abubakar Bukola Saraki, on Friday, described the suspension of the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen by President Muhammadu Buhari, as a coup against democracy and a deliberate attempt to endanger our hard-won democracy.

    Saraki, in a statement personally signed by him stated that the suspension was another act of desperation by President Buhari. He noted that by the suspension of the CJN, Buhari has acted outside the provision of the constitution, has exercised the powers which he does not have and that this action amounted to gross misconduct.

    “This is an action aimed at undermining the nation’s judiciary, subverting the constitution, intimidating judges of all the courts of record, and creating uncertainty in the electoral process, thereby laying the foundation for influencing the outcome of litigations that might arise from next month’s elections.

    “There is already the general belief that this hasty action was taken to pre-empt the already scheduled inauguration of election petition tribunals by Hon. Justice Onoghen and to destroy national institutions that are perceived to be uncooperative in his bid to manipulate the electoral process leading to next month’s general elections.

    Read also: Onoghen: Activist-lawyer seeks EU sanction for Buhari

    “By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has taken an action which amounted to gross misconduct. He has simply sent a dangerous signal to the entire world that Nigeria is no longer a democratic nation and that we have returned to the old, jaded era of military dictatorship.

    “Our constitution makes no provision for suspension of the nation’s highest judicial officer. The constitution provides a clear process for removal of the CJN and specify the roles of the three arms of government, beginning from the National Judicial Council (NJC), the National Assembly and lastly, the Presidency, have different roles to play in that process. There is no condition under which the President can usurp the powers of other arms of government. I do not know where the President and his advisers got this idea of suspending the CJN on the so-called order of the Code of Conduct Tribunal but this is novel, disingenuous and alien to our laws.

    “The President and his team must have seen this so-called suspension as a short-cut to getting Hon. Justice Onnoghen out of the way since the appellate court has eventually stopped the CCT from continuing with the trial of the CJN. It is strange that President Buhari is claiming to be taking orders from a Tribunal which has been ordered by a superior court to halt all actions on the trial.

    “With this action, President Buhari has initiated a process the consequence of which nobody can predict. They have precipitated a constitutional crisis.

    “At this point, all democratic institutions in the country, the international community and democrats across the world should rise against this blatant act of impunity. We should jointly condemn this retrogressive, uncivilized and despotic measure”, Saraki stated.

    He however called on President Buhari to immediately reverse this decision and allow the due process of law to take its natural course in determining the guilt or otherwise as well as the suitability of Hon. Justice Onnoghen to continue as the head of the nation’s judiciary.

  • EFCC denies raiding CJN Onnoghen’s house

    The Economic and Financial Crimes Commission (EFCC) on Tuesday denied raiding the residence of the Chief Justice of Nigeria( CJN), Justice Walter Onnoghen.

    It also said it did not arrest the CJN contrary to rumours.

    It however threatened to sue a former minister, Chief Femi Fani-Kayode and the spokesman of Afenifere Renewal Group, Yinka Odumakin for peddling the rumours.

    The anti-graft commission made the clarifications in a statement by its spokesman, Mr. Tony Orilade.

    The statement said: “The attention of the Economic and Financial Crimes Commission (EFCC) has been drawn to the falsehood which has been spreading on the social media that the EFCC has arrested the Chief Justice of Nigeria, Justice Walter Onnoghen.

    “This is not only a figment of the imagination of the purveyor of the fake news, but an evil machination by the creator and carriers of the news aimed at creating anarchy in the country.

    “For the record, the EFCC never went to the house of the CJN for arrest neither was invitation extended to him.

    “Several calls and short messages received all point to the fact that the brains behind the fake news had one thing in mind: to act as agent of destabilization. We would not give in to their plots.”

    The EFCC threatened legal action against Fani-Kayode and Odumakin for spreading fake news against it.

    It added: “One of the architects of the fake news, Femi Fani-Kayode, was quoted as saying “Why have the EFCC surrounded the home of CJN Onnoghen and why are they seeking to arrest him? These people want Nigeria to burn! Buhari call off your dogs before it is too late! This is a democracy and not a gestapo state! In the name of God let this madness stop”.

    “Another arrowhead of the fake news, Yinka Odumakin shared a non-existent video which has gone viral.

    “We want to assure Nigerians that while we would fight corruption in line with the mandate setting up the Commission, agents of darkness, in the likes of Femi Fani-Kayode, Yinka Odumakin and his cohorts, would never be able to manipulate the people against the Commission.

    “We also want to assure Fani-Kayode, Yinka Odumakin and other purveyors of the evil news to be ready to defend their actions in the court of law as the EFCC will file libel suit against them without further delay.”

  • Senate panel parleys CJN over bills rejected by Buhari

    A Technical Committee set up by the Senate on Thursday engaged the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, over 17 bills passed by the National Assembly but to which President Muhammadu Buhari declined assent.

    President Buhari had, in a letter to the Senate, stated that he rejected the bills based on advice he received from the Chief Justice earlier in the year.

    Specifically, the committee sought clarifications from Justice Onnoghen over the nature of advice he offered the President to refuse assent to Judiciary Amendment Bill 2017, No. 22, which seeks to strengthen the judiciary for speedy dispensation of justice.

    In a question to the CJN, the chairman of the committee, Senator David Umoru (APC, Niger East), said: “Your Lordship, this committee on behalf of the Senate and by extension, the National Assembly, wants to hear from you directly on why you advised the President to refuse assent to the bill.

    “We believe that information made available to us via his letter of refusal to assent to the bills on account of advice given by your lordship is also available to you.”

    However, before the CJN could respond, the chairman of the committee ordered journalists and members of the CJN’s protocol team to leave the venue of the meeting.

    Consequently, journalists could not obtain the details of the CJN’s response.

    Attempts by journalists to get comments from the CJN after the meeting were fruitless as Justice Onnoghen declined comments.

    Also invited to the Senate committee hearing were representatives of the Governor of the Central Bank of Nigeria (CBN), Chairman of the Federal Inland Revenue Services (FIRS) and the Post Master General of the Federation.

    The meeting with the representatives was also held behind closed doors. Snippets from the meeting, however,indicated that discussions centred on how the rejected Stamp Duties (Amendment) Bill, 2018 can be redrafted and forwarded to the President for assent.

    President Buhari had, in another letter to the Senate, hinged his decision to reject the bill on the ground that it could impair the implementation of the Federal Government’s Financial Inclusion Strategy, e-payment programmes and cashless banking policies.

    The said bill proposed the imposition of stamp duties on savings accounts and electronic transactions.

    After the closed session, the chairman of the Senate technical committee hinted that the panel will meet with heads of other government establishments and the Attorney General of the Federation next week, to discuss how to revive the rejected bills.

  • EO6: PDP charges CJN to protect judiciary from fascism

    The People’s Democratic Party (PDP) has called on the Chief Justice of Nigeria, Justice Walter Onnoghen, to protect the judiciary from what the party described as the unconstitutional and repressive fascist policies being foisted on the country by the President Muhammadu Buhari Presidency.

    The party noted that the admission by the Presidency, on Sunday, that the Executive Order 6, as well as the travel ban and trailing of citizens, were devised to directly interfere in judicial processes and stifle accused persons of resources, under the guise of speedy trial, has left no one in doubt that the nation is fast sliding into fascism.

    Read Also:APC to PDP: falsehood can’t stop your defeat in Akwa Ibom

    In a statement Monday by its spokesman, Kola Ologbondiyan, the PDP noted that the Presidency has initiated attack on the independence of the judiciary, using the instrument of blackmail and aspersion on its integrity and capacity to effectively and timeously dispense justice.

    The statement said, “In trying to use his Executive Order 6 to determine the process, procedures and progression of cases in court, the Buhari Presidency directly seeks to usurp, commandeer and appropriate the constitutional powers of the judiciary and then arm-twist the courts and use them as ‘slaughterhouses’ for opposition members and perceived political opponents.

    “We invite Nigerians to further note that the action of the Buhari Presidency is a direct attempt to suspend Sections 6 (6)(b), 36 (5), (6)(d) and 37 of the 1999 Constitution (as amended).

    “While Section 6 (6)(b) provides that judicial powers of the court shall ‘extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person’.

    “Section 36 (6) (d) provides that, “every person who is charged with a criminal offence shall be entitled to be given adequate time and facilities for the preparation of his defence”.

    The party also observed that Section 36 (5) provides that every person who is charged with a criminal offence shall be presumed to be innocent until he is proven guilty.

    It also cited Section 37 of the constitution, which stipulates that the privacy of citizens, their homes, correspondence, telephone conversation and telegraphic communications is guaranteed and protected.

    “The travel ban, trailing of citizens and attempt to regulate the processes of the court is therefore an attempt to short-circuit the constitutional powers of the judiciary and foist a fascist regime where the Presidency becomes the investigator, prosecutor and the judge in the determination of trumped-up charges against innocent Nigerians.

    “The PDP rejects this attempt by this administration to return our country to pre-1984 military dictatorship where siege mentality and suppression of rights of citizens was the rule rather than the exception.

    “We therefore urge the Judiciary as the last hope of the common man, to immediately insulate itself from the evil machination of the All Progressives Congress (APC), which is now trying to turn the judiciary into an instrument of oppression against Nigerians”.

  • Onnoghen urges judges to determine political cases on merit

    •      CJN warns them against politicians’ antics

    Chief Justice of Nigeria (CJN) Justice Walter Onnoghen yesterday warned judges to ensure the determination of political cases on the merit and avoid being influenced by extraneous considerations, particularly from politicians.

    Justice Onnoghen also urged judges to shun corruption and other unethical conduct particularly in this era of enhanced political activities. He charged them not to compromise the rule of law and the independence of the Judiciary.

    The CJN spoke in Abuja  at the opening session of the 2018/ 2019 legal year ceremony and annual judges’ conference of the Federal High Court.

    Justice Onnoghen said: “My Brother Judges, Distinguished Ladies and Gentlemen, we are all aware of the increase in tempo of political activities as we approach election year. Our nascent democracy has to be nurtured, consolidated and developed.

    “We are working assiduously to ensure that we clean our house, and completely dump the unfortunate toga of corruption that had plagued the Judiciary for some time. With your co-operation and commitment, we shall once again steer this nation to the path of transparency and good governance.

    “At the just concluded 18th Triennial Conference of the Commonwealth Magistrate’s and Judges’ Association (CMJA), held in Brisbane, Australia, with the theme: ‘Becoming stronger together,’ I witnessed collective resolve of judicial officers and Judiciaries of the commonwealth Nations to stem the tide of impunity, bad governance, intimidation of judicial officers and other vices that threaten judicial independence.

    “I was particularly happy that speaker after speaker emphasised the universal truth that, the respect for the Rule of Law remains the backbone and pillar of any democracy. I have maintained this view and re-enforced it at every given opportunity.  We must all therefore seize this pivotal moment of history.

    “I urge you to shun corruption in all its ramifications and encourage the sustainability of your determined effort to promote transparency and good governance in our body polity. I am confident that your efforts in line with the rule of law will stamp out corruption and enthrone an enviable democracy characterized by justice, equity, transparency and good governance.

    “My Lords, as the election year draws closer, your courts will be flooded with applications bordering on pre and post-election matters requiring adjudication. No doubt, election litigation is an inevitable part of the electoral process.

    “While INEC has the responsibility to conduct and manage elections, the Judiciary on its part is charged with the responsibility of resolving disputes arising from the process. We must therefore ensure that matters brought before our courts are determined on their merits, devoid of any external interference, to ensure the sustenance of the independence of the Judiciary.

    “In view of the fore going, there is a proposal for a collaborative Workshop between the Independent National Electoral Commission (INEC) and the National Judicial Institute (NJI) for Justices and Judges on Pre-Election and Post-Election matters, the bulk of which are adjudicated upon by Federal High Court judges,” Onnoghen said.

    The Chief Judge of the Federal High Court, Justice Adamu  Kafarati, told participants that the purpose of the week-long conference is to take stock and appraise the judicial functions of the previous year and to resolve knotty issues that may have arisen after the previous legal year.

  • Shun corruption, CJN warns SANs

    The Chief Justice of Nigeria (CJN) Justice Walter Onnoghen on Thursday warned Senior Advocates of Nigeria (SANs)  lawyers not to dabble in corrupt practices.

    Onnoghen decried misconduct of some senior lawyers which had brought disrepute to the profession.

    He spoke in Lagos Thursday at the maiden annual lecture of the Body Of Senior Advocates Of Nigeria (BOSAN).

    Onnoghen said: “I urge you all to shun corruption and avoid all forms of misconduct, because if one is not qualified to wear silk as a judicial officer, he remains unqualified to wear same as a Senior Advocate of Nigeria.”

    Guests at the event included retired Supreme Court Justice, Justice Emmanuel Ayoola, former Attorney-General and Minister of Justice Chief Bayo Ojo, Nigerian Bar Association (NBA) President Abubakar Mahmoud, first female SAN Chief ‘Folake Solanke among others.

    The CJN berated SANs who disrespect judges, advising them to change their ways.

    Read Also: CJN urges new Justices to be courageous

    He said: “We feel so big, in fact, the way some of you address the Bench, you look down on the judges. Yes, it’s the truth. Let’s talk to each other man to man. You look down on the judges.

    “…because you have continued in private practice – some branched out – and you become a Senior Advocate of Nigeria, you think by virtue of that of that position, the other one no longer has any grey matter in his head. I don’t think you are thinking right. No, it can’t be so.”

    According to him judges, particularly at the Supreme Court level, were nearly being worked to death.

    Onnoghen said: “Look at the job of a judge, particularly with political matters all over: nobody wants to do justice to his fellow human being except it goes to court. Even when it gets to court, you are not ready to accept what the court says, whatever the court says, it must have been compromised one way or another.

    “So, you create these problems and we are there, like these election matters, they have started already, pre-election matters, disputes about (party) congresses all over the place. Good! They will come back to the judicial officer and we’ll work, like at the Supreme Court, we work and we’re almost dropping dead.”

  • ICT proficiency to be considered in judges’ promotion – CJN

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has said that proficiency in the use of information and communication technology (ICT) will soon became an item in considering promotion of judicial officers.

    Onnghen urges judges and magistrates to enhance their knowledge of ICT usage and ensure they in continuous learning as the society, more than ever before, expects a smart and efficient judiciary.

    He urged judcial officers and magistrates to always be guided by their code of conduct to enable the Judiciary retain its integrity and confidence in the eyes of the public.

    The CJN spoke at the 2018 refresher course for magistrates, organised by the National Judicial Institute, Abuja. It has as its theme: “Promoting excellence in the administration of judtice in the lower courts.”

    Onnoghen said the course is intended to renew the culture of excellence and create avenue for magistrates from different jurisdictions to exchange ideas and enhance their professional skills.

    He said: “I urge you to ensure that you are proficient in the use of Information and Communication Technology (ICT).

    “Indeed, I must inform you that e-proficiency will become a veritable pre-requisite for career advancement within our Judiciary in no distant future.

    “Therefore, it will be in your own interest to key in these reforms, in order not to be left behind like a fossil, while the rest of the Judiciary make the evolutionary leap into an automated Judiciary.

    “No doubt, technology has gradually transformed the manner in which activities in our courts are carried out, such as service of court processes, record keeping and retrieval of data and other operations.

    “I therefore urge you to embrace technology in discharging your judicial responsibilities within the ambit of the law.

    “Let me remind you that with the rapid growth of our population and advancement in technologies, the challenges of dispute resolution in the 21st Century are enormous.

    “We are therefore faced with an ever present clamour and demand for speedy, affordable and efficient administration of justice.

    “Our ability to respond to the growing demands of judicial services goes a long way in determining our credibility and integrity. “You will agree with me that we must continuously rise to the occasion in order to justify public confidence reposed in the Judiciary.

    “It is pertinent to remind you as magistrates, that you must be mindful of your professional duties as well as the ethical content of our Code of Conduct for Judicial officers.

    “It is an indispensible guide to the proper conduct and performance of your duties. The Code ode Conduct for judicial officers embodies the best ethical practices that we must adopt if we are to uphold our independence and respect for the rule of law.

    “I urge you to always take charge of your courts in the discharge of your judicial functions.

    “You must remain diligent, conscientious and imbibe the fear of the Almighty God in the discharge of your duties,” Onnoghen said.

  • ‘How Judiciary saved Nigeria from collapse,’ – CJN Onnoghen

    ‘How Judiciary saved Nigeria from collapse,’ – CJN Onnoghen

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen argued on Tuesday that without the timely intervention of the Judiciary in trying times, the country would have collapsed.

    Onnoghen, who stressed the importance of the Judiciary in the country’s continued existence, tasked judicial officers (Judges and justices) to always be abreast of the current state of the law to ensure effective justice dispensation.

    The CJN noted that public confidence in the Judiciary and its legitimacy would remain threatened where judicial officials are unable to appropriately interpret the law.

    Onnghen spoke in Abuja yesterday at the opening session of a workshop for judicial officers from the Supreme Court, Court of Appeal and Federal High Court on provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act.

    The workshop, with the theme:  The Role of the Judiciary in the effective development of Nigerian content in the oil and gas industry, was put together by the Nigerian Content Development and Monitoring Board (NCDMB), the National Judicial Institute (NJI) and a private entity, Juris Law Office.

    Onnoghen said: “Nigerian judiciary is instrumental in ensuring stability in the oil and gas sector by interpretation of the relevant laws to the industry.

    “I make bold to say, without any fear of contradiction, that the Nigerian Judiciary is a key partner in ensuring stability in the oil and gas sector by interpretation of the relevant laws to the industry.

    “Indeed, the adjudicatory duty of a Judge can only be performed optimally when he remains up to date with the emerging developments and trends in jurisprudence pertaining to the oil and gas sector.

    “You must be seen to be knowledgeable in the law and be in charge of your courts to ensure speedy resolution of disputes which in turn serves to assure investors and other major players in the oil and gas industry that their investments are safe,” Onnoghen said.

    Read Also: Onnoghen and judicial corruption

    The CJN, who hailed recent policies in the oil and gas sector, said such reforms were informed by government to promote local content in the provision of technology and manpower to the downstream sector.

    He said: “In addition, the recent passage of the Petroleum Industry (Governance) Bill is an indication that the government is steering the oil and gas sector in the right direction.

    “The recent innovations in the oil and gas industry have inevitably introduced new legal regimes that will impact on the quality of justice delivery.

    “I believe that this forum will be extremely beneficial to you in the performance of your duties and by extension, the society at large,” he said.

    Onnoghen said the workshop was intended to ensure that judicial officers  were abreast of the role of the Judiciary in dealings with issues in the oil and gas sector.

    One of Onnghen’s processors, Justice Alpha Belgore, noted that the NCDMB had before now, deplored the carrot and stick approach in enforcing compliance with the local content law administratively.

    He said with the enactment of the law on local content, it was now appropriate for the Judiciary to use stick in line with the rule of law to ensure total compliance.

    NJI’s Administrator, Justice Rosaline Bozimo was of the view that judicial officers were required to posses adequate knowledge and skills on oil and gas to efficiently adjudicate on the cases that may come before them.

    She said: “This has ultimately informed the need for this workshop to be held so as to expose judicial officers to legal and technical aspects of the oil and gas sector in Nigeria.”

    Represented by NJI’s Secretary, Abubakar Maidona, Bozimo urged judicial officers to be proactive in the discharge of their constitutional duties by not allowing technicalities stand in the way of substantive justice, especially with regard to oil and gas disputes, which result to  huge financial costs to litigating parties.

    NCDMB’s Executive Secretary, Simbi Wobote urged the Judiciary to assist his agency to achieve its objective of creating wealth for local businesses and jobs for teeming populace in line with the law.

    Wobote noted that an enabling regulatory framework backed with the appropriate legislation was fundamental for sustainable local content practice.

    He said; “In Nigeria, we have moved from the ‘best endeavour’ environment into the one in which there is a law in place. Thus, it is no longer optional or debatable whether to comply.

    “Much of the 28 per cent local content achievement has been done, using the passion and commitment of the various directorates in the Board.

    “Our next big leap from 28 per ceng to 70 per cent in-country value retention will require change in the enforcement of the law to drive reversal of capital outflow”,

    “We need the support of the judiciary to achieve our drive to create wealth for local businesses and jobs for our teeming populace in line with the law,” the NCDMB chief said.