The Nation Newspaper

Tag: Chief Justice of Nigeria

  • Abia crisis : S/East elders charge CJN, AGF, DSS  

    Abia crisis : S/East elders charge CJN, AGF, DSS  

    A group of elders in the Southeast zone has called on the Chief Justice of Nigeria, the Attorney General of the Federation and the Department of State Security to compel the Chief Judge of Abia state to swear-in Dr. Uche Ogah as governor.

    The group, under the aegis of Ndigbo Bu-Otu Union, said allowing Dr. Okezie Ikpeazu to continue in office as governor could trigger a major constitutional crisis in the state.

    In a statement released in Abuja on Wednesday, the group said the decision to involve the highest judicial and security institutions in the Abia crisis was part of the resolutions taken at an emergency meeting in Aba, Abia state.

    The statement, signed by the National President of the Union, Igwekala Ugomaduefule said it’s illegal for Ikpeazu to remain in office as governor after his certificate of return had been withdrawn by the Independent National Electoral Commission (INEC).

    Ugomaduefule observed that it’s the first time in the nation’s political history that anyone would be occupying an elective office without a certificate of return issued by the electoral body.

    The union argued that Ikpeazu should be made to quit his seat while pursuing his appeal against he judgment of a Federal High Court that sacked him and ordered that Ogah be sworn-in.

    “If he eventually succeeds in the appeal, he will return to office after the INEC must have issued him another certificate of return”, the union said.

    Citing Section 71 of the Electoral Act, the union noted that INEC is mandated to issue a certificate of return within seven days to a candidate that won an election as proof of his/her win.

    It noted that in a case where a court declares another person the successful candidate in an election, the certificate of return should be issued to the successful candidate within 48 hours.

    The statement said, “The Attorney General of the Federation and Minister of Justice as the chief law officer of the federation, must rise to the occasion and forestall political crisis in Abia state by directing the state’s Chief Judge to immediately swear-in Dr. Uche Ogah, who in the eye of the law is today the only legitimate governor of Abia state.

    “The Chief Justice of Nigeria should equally cooperate with the Attorney General of the Federation to ensure the Abia Chief Judge performs his constitutional responsibility unhindered by swearing-in Dr. Uche Ogah immediately.

    “We concede that the outgoing governor Okezie Ikpeazu has the right to appeal the judgement that removed him from office, but since the instrument that made him the governor has been withdrawn by INEC he should do the honourable thing by handing over to the new legitimate governor of Abia state, Dr. Uche Ogah.

    “Section 71 of the Electoral Act and the INEC Guidelines on the conduct of the election was very explicit that only someone with a Certificate of Return duly issued by INEC can occupy every elective office”.

    “The Section states that the Commission is to issue a certificate of return within seven days to a candidate who won an election as proof of his/her win.

    “But, in a case where a court declares another candidate the successful candidate in an election, the certificate of return should be issued to the successful candidate within 48 hours”.

    “We are equally calling on the Director General of the Department of State Services and the Inspector General of Police to immediately withdraw all security details attached to Okezie Ikpeazu, since in the eye of the law he is no longer the legitimate governor of Abia state”.

    The union commended Dr. Ogah for his maturity in restraining his supporters from taking the law into their hands, owing to the refusal of Governor Ikpeazu to quit.

  • NJC recomends retirement of Justices Naron, Archibong

    NJC recomends retirement of Justices Naron, Archibong

    –Places Talba under investigation
     The National Judicial Council (NJC) has recommended the compulsory retirement of Hon. Justice C. E. Archibong of the Federal High Court Lagos and Hon. Justice T.D. Naron of Plateau State High Court.
    The NJC, chaired by the Chief Justice of Nigeria (CJN), Justice Aloma Mariam Mukhtar, took the decision at its Emergency Meeting held on Wednesday in Abuja.
    The two Judges have been placed on suspension, the council said in a statement issued in Abuja on Thursday by its Acting Director (Information), Mr. Soji Oye in line with its disciplinary powers under the 1999 Constitution of the Federal Republic of Nigeria as amended.
    The council has also “set up a ‘Fact Finding’ Committee to investigate the allegations leveled against Hon. Justice Abubakar Talba of FCT High Court in the Police Pension case of EFCC vs Mr. John Yusuf & Ors.”.
    Justice Talba sentenced Yusufu to two-year jail after pleading guilty to three count charge in the N32.8 billion police pension fraud. The jail term is to run concurrently.
    The Judge, however, gave the convict an option of N250,000 fine for each of the three counts. The sentence sparked negative criticisms of the Judge through out the nation.
    Justice Naron chaired the first Osun State Elelction Petition Tribunal which affirmed the victory of  former Osun Governor, Olagunsoye Oyinlola in the petition of the Action Congress of Nigeria (ACN) and its candidate, Governor Rauf Aregbesola.
    The Court of Appeal, Ibadan, later declared sacked Oyinlola and  declared Aregbesola as the winner of the May 2007 election.
    Following a petition by a counsel to Aregbesola, that the tribunal headed by Justice T.D. Naron was embroiled in call logs controversy with the lead counsel to Oyinlola, Kunle Kalejaiye (SAN), the NJC had raised a team to investigate the allegation.
    Despite Bashiru’s request for the tribunal members to disqualify themselves from the trial, the judges went ahead to deliver judgment on the case on July 15, 2008.
    The Council also received another petition against the judges on February 4, 2011 from Aregbesola’s lawyer, Mr. Ajibola Basiru.

    The NJC said “Justice T. D. Naron of High Court of Justice, Plateau State was recommended for compulsory retirement to Governor David Jonah Jang sequel to the ‘Findings’ by the Council that there were constant and regular voice calls and exchange of mms and sms(text) messages between Hon. Justice Naron and one of the Lead Counsel for one of the parties to the Suit in the Osun State Gubernatorial Election Tribunal contrary to the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria vide Section 292(1((b) of the 1999 Constitution of the Federal Republic of Nigeria as amended.”

    The statement  added: “Hon. Justice Archibong was recommended for compulsory retirement to President Goodluck Ebele Jonathan, GCFR pursuant to the ‘Findings” by the Council on the following Complaints leveled against him:-
    *That the Judge dismissed the grievous charges against an accused without taking his plea;
    *That he refused to release the Certified True Copy of his Ruling to the Lawyers;
    *That the Judge issued a bench warrant on some officials of Peoples Democratic Party for contempt even when the counsel who was directed by the Court to serve them filed an affidavit that he had not been able to serve the contempt application;
    *That he made unfounded and caustic remarks on professional competence of some Senior Advocates of Nigeria;
    *That there were glaring procedural irregularities which showed that Hon. Justice Archibong did not have a full grasp of the Law and procedure of the Court; and
    *That he granted the leave sought for in the originating summons that had no written address of the parties and without hearing both parties in the originating summons after he had earlier on overruled the preliminary objection.”