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Tag: Chief Registrar

  • Tasks before new Industrial Court chief registrar

    Olurotimi Williams Daudu has assumed duties as Chief Registrar (CR) of the National Industrial Court of Nigeria (NICN) following his confirmation by the Federal Judicial Service Commission (FJSC). Eric Ikhilae writes on the tasks before him.

    Until his confirmation by the Federal Judicial Service Commission (FJSC) on March 8, Olurotimi Williams Daudu acted as Chief Registrar (CR) of the National Industrial Court of Nigeria (NICN), following the exit of John Iyorngee Targema last July.

    Since his confirmation, members of the legal community have continued to eulogise him, with many arguing that his appointment conformed with Section 37 (1) of the NIC Act, which stipulates, among others, that the FJSC “may from time to time, appoint a fit and proper person to be the Chief Registrar of the court …”

    A former Attorney-General of the Federation (AGF) and Minister of Justice, Adetokunbo Kayode (SAN), said Daudu’s appointment was well-deserved.

    Kayode, President of Abuja Chamber of Commerce and Industry (ACCI), was optimistic that, with his track record, Daudu would surpass expectations.

    He said: “As a chartered mediator, who has undergone several capacity building trainings, locally and globally, on courses relating to court administration, case management, labour and industrial relations law, practice and procedure, Alternative Dispute Resolution, (ADR), who is equally adequately equipped with high level of proficiency in the use of modern day technology, his wealth of knowledge is of great essence to NICN.”

    The ex-AGF was further quoted in a congratulatory message issued by ACCI’s Media and Protocol Officer, Lubem Gena, as saying: “It is therefore, with great joy that I received the appointment of Dauda Esq. as the substantive Chief Registrar of the NICN. I view this appointment and a well-deserved and also a timely one.

    “With the track record of achievements and the niche he has carved for himself, I have no doubt that he will perfectly perform the duties and responsibilities of his office consequent upon which justice administration in this critical area will be positively affected.”

    Others have also observed that his law background and training as a consummate court administrator would be of great benefit to the court, because Daudu mounted the saddle at a time the NICN was beginning to attract enhanced attention in view of the 2017 decision of the Supreme Court, which cleared the air on the earlier assumption that there was restriction on the right of appeal in relation to the court’s decisions.

    Before the judgment, the general impression had been that Section 9(1) & (2) of the NIC Act and Section 243(2) and (3) of the Constitution (Third Alteration) Act 2010 limited instances of right of appeal from decisions of the NIC.

    But, a five-man panel of the Supreme Court, in the judgment delivered last June 30, in a majority decision of four against one, held that the Court of Appeal was with exclusive appellate jurisdiction over all decisions of the NIC.

    The apex court held among others, that the jurisdiction of the Court of Appeal to hear and determine all civil appeals on decisions of the NIC was not limited to only fundamental human rights.

    Justice Centus Nweze, who read the lead (majority) judgment, identified the key issue to be determined as, “Whether the Court of Appeal, as an appellate court created by the Constitution of the Federal Republic of Nigeria, has the jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals arising from decisions of the NIC.”

    Justice Nweze held: “The lower court, that is, the Court of Appeal, has the jurisdiction, to the exclusion of any other court in Nigeria, to hear and determine all appeals arising from the decisions of the trial court. No constitutional provision expressly divested the said Court of Appeal of its appellate jurisdiction over all decisions on civil matters emanating from the trial court.

    “And, as a corollary, the jurisdiction of the court to hear and determine all civil appeal on decisions of the National Industrial Court is not limited to only fundamental human rights.These shall be the opinions of this court and shall be transmitted to the Lagos division of the Court of Appeal for its guidance in determining the appeal before it.”

    Justice Kumai Akaahs, however, gave a minority judgment disagreeing with the majority opinion. He believed that leave of the Court of Appeal was required to hear an appeal against NIC’s decisions on strictly civil matters.

    Justice Akaahs said beside criminal and fundamental rights decisions, there was need for leave of the Court of Appeal to appeal purely civil cases.

    The judgment of the apex court was on an appeal marked SC/885/2014, filed by Skye Bank Plc, with Victor Anaemem Iwu as respondent, as a referral from the Court of Appeal, Lagos on constitutional questions.

    Being NICN’s CR

    A Chief Registrar of the NICN is saddled with the responsibility of coordinating the activities of the court’s five core departments, namely Personnel, Litigation, Finance & Accounts, Procurement & Stores and Library.

    He works closely with the court’s President and must ensure the court’s seamless functioning.

    The CR’s functions is further spelt out in Section 37 (1) of the NIC Act.

    He is seized of custody of the court’s records and “shall perform such duties in execution of the powers and authorities of the court as may, from time to time, be assigned to him by Rules of Court and, subject thereto, by any special order of the President of the court.”

    The man Daudu

    Daudu obtained his first degree in Law from Obafemi Awolowo University (OAU), Ile-Ife in 1997. He was called to the Bar in 1999.

    In 2000, he obtained his first Master’s Degree in Law (LLM) from OAU, and another LLM from the University of Calgary, Canada (2008) under the Government of Canada funded research programme.

    Daudu, a certified Mediator by the Henning Mediation Centre, Atlanta, Georgia, U.S.A, is a Fellow of the Weinstein International Fellowship in Alternative Dispute Resolution (ADR).

    He is a member of the Nigerian Bar Association (NBA), International Bar Association (IBA), the IBA Committee on Academic & Professional Development Associate, the Chartered Institute of Arbitrators – UK & North America, among others.

    Daudu was an active student unionist in his undergraduate days. He represented the faculty of law at the Students’ Representatives Council (SRC) between 1993 and 994; was the Chairman of the old Ondo State Students’ Union, OAU in 1994 and served as the Public Relations Officer (PRO) of Great Ife Students Union’s Caretaker Committee in 1995.

    His career path

    Daudu began his career in private practice at Chief Adeniyi & Co between 1999 and 2000 when he joined the Ondo State Ministry of Justice as a State Counsel. He rose to the position of Assistant Chief Legal Officer. After obtaining his second LLM, he worked in the capacity of Legal Support at the Calgary Prosecutors Office, Alberta, Canada.

    On his return to Nigeria in 2010, Daudu joined the NICN as the Special Assistant to the Court’s President. He held this position until his appointment in 2017 as the Acting Chief Registrar.

    He ensured, for the first time in the court’s history, the organisation of an end-of-year party and award night to appreciate members of staff.

    Bula Shuaibu Gajere (from Gombe State) of the Accounts Department, was honoured as the staff of the year at the well-attended event, which held last December 19.

    Daudu’s speech at the event gave staffers a peep into his mind. He did not only appreciate them for their dedication and sacrifice to work, Daudu promised that the court would continue to provide them with a conducive work environment.

    He assured them that their welfare would to be of top priority to management and urged them to improve on their commitment to duty.

    Daudu further assured them that the end-of-year award night had come to stay.

    This, among others, perhaps, accounted for the enthusiasm with which the court’s staffers received Daudu’s confirmation as the substantive Chief Registrar.

  • Supreme Court reverses sack of Appeal Court’s Chief Registrar

    Supreme Court reverses sack of Appeal Court’s Chief Registrar

    •Justices order his reinstatement

    The Supreme Court has reversed the 2009 decision by the Federal Judicial Service Commission (FJSC) compulsorily retiring the Chief Registrar of the Court of Appeal, Bode Thomas.

    Thomas was compulsorily retired on March 5, 2009 after the FJSC accepted the report of its investigative committee, which examined allegations of “serious misconduct” raised against him in a complaint by the then President of the Court of Appeal Justice Umaru Abdullahi.

    A five-man panel of the Supreme Court, in a unanimous judgment on February 16 this year, faulted the process leading to the FJSC’s decision to compulsorily retire Thomas. The court said the FJSC breached the principles of fair hearing in its handling of the case.

    Justice Abdullahi had, by a letter dated November 24, 2008, laid a complaint against Thomas before the FJSC, which he accused the then chief registrar of insubordination and sundry misconducts.

    By a letter dated March 5, 2009, FJSC’s Secretary, Hajia B. A. Bashir, informed Thomas that the commission accepted the report of the committee it constituted to investigate the allegations against him and recommended his compulsory retirement in line with Regulation 43(2)(a) of the FJSC Regulations.

    Thomas challenged the FSJC’s decision at the Federal High Court via a suit, which he filed on May 27, 2009. In its judgment on May 12, 2011, the Federal High Court, among others, voided Thomas’ sack and ordered his reinstatement, a decision the FJSC challenged at the Court of Appeal.

    In its judgment on January 16, 2013, the Court of Appeal upheld the FJSC’s appeal and set aside the judgment of the Federal High Court, forcing Thomas to appeal to the Supreme Court.

    Justice Kumai Akaahs, in the lead judgment, faulted the judgment of the Court of Appeal, which he noted, was based on irrelevant evidence on which pleadings were not led at the trial court.

    Justice Akaahs said: “The appeal (at the Court of Appeal) was decided on the issue of admission made by the plaintiff (Thomas) on which there was no pleading. The evidence went to no issue. The evidence has no relevance and should be expunged from the records.”

    He said the important question relevant to the resolution of the appeal was the determination of whether the process leading to Thomas’ retirement breached the principles of fair hearing as argued by the appellant.

    Justice Akaahs, after a thorough analysis of parties’ arguments, held that it could not be said that the principles of fair hearing was not breached, where Justice Abdullahi, who was the complainant, also participated in the disciplinary proceedings leading to the FJSC’s decision to retire Thomas.

    He upheld Thomas’ argument that the participation of the President of the Court of Appeal in the FJSC’s disciplinary proceedings, where he (Justice Abdullahi) was also the accuser, breached the principles of fair hearing.

    Justice Akaahs said the Court of Appeal was in grave error when it held that no prejudice or miscarriage of justice was proved by the appellant such as would vitiate the proceedings that led to appellant’s compulsory retirement.

    He said: “I have already disposed of issue one and any arguments relating to admissions made by the appellant on giving approval to staff to undertake foreign trips and the recruitment of junior staff without the approval of the President, Court of Appeal cannot be used to justify the claim that the appellant was granted fair hearing.

    “In view of all that transpired and especially based on the fact that the President, Court of Appeal had made up his mind, when he wrote to the Secretary of the FJSC on 24th November 2008, that he could no longer work with the appellant as Chief Registrar of the Court of Appeal and requested that an appropriate disciplinary action be taken against him.

    “It is obvious that the appellant did not stand a chance of getting any verdict from the commission (FJSC) other than the one which was recommended by the investigating committee. In other words, the commission was to merely rubber stamp what the committee had recommended.

    “Most of the members of the committee were among those who sat in the commission to approve the recommendations.

    “In conclusion, the appeal succeeds in the main. The proceedings of the committee, together with the decision of the FJSC are hereby declared a nullity for failure to adhere strictly to the rules of natural justice.

    “The decision taken at the FJSC to compulsorily retire the appellant as Chief Registrar of the Court of Appeal since March 5, 2009 is hereby set aside. The appellant is reinstated to his post as Chief Registrar of the Court of Appeal with effect from the date of his compulsory retirement,” Justice Akaahs said.

    Justice Paul Galinje, in his contribution, expressed displeasure about the process leading to Thomas’s compulsory retirement. He noted that it was wrong for Justice Abdullahi (who was the accuser) and members of the investigative committee to participated in the FJSC’s meeting, where the investigation report was adopted.

    Justices Musa Dattijo Muhammad, Amina Adamu Augie and Sidi Dauda Bage, who were also on the panel, agreed with the lead judgment.

  • Supreme Court gets second woman Chief Registrar

    The Chief Justice of Nigeria (NJC), Justice Walter Onnoghen, has announced the appointment of Mrs. Mrs. Hadizatu Uwani Mustapha as the Chief Registrar of the Supreme Court.

    Mrs. Mustapha, who is expected to assume office on July 1, will replace Ahmad Gambo Saleh, who will on the same day assume a new responsibility as the Secretary of the National Judicial Council (NJC).

    The Gwoza, Borno State-born Mrs. Mustahpahe is the second female to be so appointed in the history of the court established on October 1, 1960.

    The first female Chief Registrar of the court was Mrs. G. O. Jackman, who held office from 1978 to 1983.

    Spokesman to the CJN, Awassam Bassey, who stated this in a statement yesterday, said Mrs. Mustapha’s  appointment was contained in a letter signed by the Secretary of the Federal Judicial Service Commission (FJSC), Mrs. Bilkisu Bashir, dated May 31.

    Part of the statement reads: “Mrs. Mustapha emerged from a strong field of six applicants interviewed by the FJSC headed by its Chairman, the Honourable Chief Justice of Nigeria, the Hon. Justice Walter Samuel Nkanu Onnoghen, GCON, on Tuesday May 30, 2017.

    Until her appointment, Mrs. Mustapha, was the Deputy Chief Registrar of the Sharia Court of Appeal of the Federal Capital Territory (FCT).

    “Born in Gwoza in Borno State on the 8th August 1961, Mrs. Mustapha holds a Bachelor of Law (LL.B) degree from the University of Maiduguri, which she earned in 1984 before attending the Nigerian Law School, Victoria Island, Lagos, for her Barrister at Law (BL) programme in 1985.”

  • Court appoints provisional liquidator for Temple Energy

    Court appoints provisional liquidator for Temple Energy

    The Federal High Court in Lagos has made an interlocutory order appointing its Chief Registrar as provisional liquidator of Mettle Energy and Gas Limited.

    Justice Jude Dagat made the order based on application by Ecobank Nigeria Limited.

    Mettle Energy has, however, filed a notice of appeal to challenge the order.

    The court ordered the Chief Registrar to take charge and custody of all identified/traceable assets, properties, funds in banks and other financial institutions belonging to Mettle Energy.

    The provisional liquidator is also to take over moveable and other traceable assets of the respondent within Nigeria pending the hearing and final determination of Ecobank’s winding-up petition.

    Justice Dagat made a consequential order of interlocutory injunction restraining the energy firm’s directors or employees from tampering with its funds in any bank, until the winding-up petition is determined.

    The judge, in the January 17 order, also barred Temple Energy and its agents from alienating or dissipating its assets, including machinery and tools of trade, pending the hearing and determination of the petition.

    The respondent and its directors were also barred from interfering with or disturbing the provisional liquidator.

    Ecobank, through its lawyer Kunle Ogunba (SAN), said it availed Temple Energy facilities which it allegedly failed to repay.

    The bank filed a petition, following which the respondent proposed and executed a terms of settlement after protracted negotiations.

    “Despite the magnanimity/concessions extended the respondent leading to the terms of settlement, the respondent failed, refused and/or is unable to comply with the repayment plan duly covenanted,” the bank said.

    In the terms of settlement, it was agreed that Mettle Energy would pay N245million out of a debt of over N781million.

    Ecobank is praying that the company be wound up in line with sections 409 (1) and 410 (1) and (b) of the Companies and Allied Matters Act, Cap 20, 2004.

    But, Mettle Energy has filed a motion on notice for stay of execution of the order pending the hearing and determination of its appeal against the ruling.

    The respondent also sought an order restraining the Chief Registrar from acting as the provisional liquidator.

    In its appeal, the respondent said the judge erred in making the order because there was no valid advertisement of the respondent’s petition for winding-up.

    Justice Dagat adjourned till February 28.

  • Succession crisis hits Federal High Court over Chief Registrar’s post

    Succession crisis hits Federal High Court over Chief Registrar’s post

    A crisis of confidence has hit the Federal High Court over the appointment of a new Chief Registrar for the court.

    This followed the appointment of the post’s outgoing occupant, Mrs. Rosemary Oghoghorie, as a judge.

    Instead of following the seniority list, as it has been the tradition of the court, its management was accused of allegedly trying to leave the appointment of chief registrar open.

    It was also learnt that the row was compounded after ethnic factor was introduced.

    It was gathered that the Chief Judge of the Federal High Court, Justice Ibrahim Auta, is from Borno State in the Northeast and some forces were said to be pushing for the appointment of the next chief registrar from the same geopolitical zone, irrespective of status on seniority cadre.

    There were indications that some workers might take the plot to distort the succession system to Prof. Itse Sagay-led Presidential Advisory Committee on War Against Corruption.

    According to investigation, some external forces were said to be pushing for the circumvention of the succession system for pecuniary gains.

    Findings revealed that the forces were already making some permutations on 2019 and how to checkmate the governing All Progressives Congress (APC).

    Those allegedly pushing for the distortion of the succession system were also identified as brains behind the Peoples Democratic Party’s (PDP) crisis in Rivers State before the 2015 poll.

    But workers, including some Deputy Chief Registrars, have vowed to resist the alteration of seniority list for pecuniary political gains.

    Those Deputy Chief Registrars in line for appointment as Chief Registrar and their postings are Hambali Okandeji (Head, Lagos Division), Emmanuel Gako (Litigations, Abuja) , Mrs. N.A. Omotosho (Head, Ibadan Division), Miss C.T. Clement Ende (Abuja), May U. Esealuka (Head,  Awka Division), and Abdulfatahi A. Tahir (Lagos Division).

    A top source in FHC said: “Some politicians are trying to infiltrate the Federal High Court system by trying to introduce ethnic politics. They want to sideline the seniority list for mediocrity in the choice of a new registrar.

    “This is the first time we are experiencing this kind of thing. Once the administrative cadre is altered, favoritism will set in and it will be bad for the judiciary at this level.

    “Some people are saying that because of 2019, it is important to make some strategic appointments in the High Court.

    “We appeal to President Muhammadu Buhari and the Presidential Advisory Committee on War Against Corruption to avert a decision, which may lead to bad precedent.”

    Another source said: “The crisis began to manifest during the ceremony in Lafia, Nasarawa State to mark the beginning of the New Legal Year. Based on ethnic factor, a junior Deputy Chief Registrar was trying to unofficially assume the role of the Chief Registrar.

    “The outgoing Chief Registrar had to publicly caution the junior DCR and asked him: ‘who appointed you the CR? Why can’t you defer to the administrative structure?’

    “If these forces have their way, we may be forced to embark on strike. Once favoritism is the order of the day, then there will be no hope for many to climb up the ladder.”

    Investigation revealed that the court’s workers were also displeased that all the Deputy Chief Registrars have been neglected in treating official matters, including management of funds.

    A Senior Registrar said: “Since the outgoing chief registrar can no longer attend to administrative and financial issues, a syndicate is now managing a few things, especially disbursement of funds.

    “So, instead of allowing seniority to prevail, all the DCRs have been neglected by the system. Yet, were it the norm, a substantive Chief Registrar ought to be named by now.

    “This is a sign that there is a plot to impose a new CR on the system.”

    The past Chief Registrars of the Federal High Court, based on seniority, were as follows: Mrs. R.O. Olomojobi (1988-1991); Mr. A.O. Ajakaiye(1993-1998); Mrs. C.M.A. Olatoregun-Isola (1993-2000); Alhaji Salisu Saidu (2001-2002); Mrs. A.A. Okeke (2002-2008); Mr. N. Ayo-Emmanuel (2008-2012); and Mrs. Oghoghorie (2012-2015).

    A highly-placed source, however, said: “Although seniority has been the norm in appointing all our Chief Registrars, there is no regulation or law saying appointment must be made on seniority.

    “Any of the DCRs can be appointed as the Chief Registrar. This depends on the disposition of a sitting Chief Judge.”

     

  • Chief Registrar, five others appointed judges in Oyo

    yo State Governor Abiola Ajimobi yesterday approved the appointment of six judges into the judiciary.

    They are the Chief Registrar of the State High Court, Mrs. O. Olatunji; Mr. Bayo Taiwo from the Federal Ministry of Justice, Abuja; former Vice-Chairman of the Nigeria Bar Association (NBA), Ibadan branch, Mr. Lekan Owolabi; Mr. G. Sunmonu; Mrs. O. Fadeyi and Mr. E. Ajayi.

    In a statement, the Attorney-General and Commissioner for Justice, Mr. Bayo Ojo, said the appointment followed the recommendation of the National Judicial Council (NJC).

    The judges would be sworn-in on Monday. Their appointment has brought the number of judges in the state judiciary to 22.

    Judges were last appointed into the state judiciary in 2006.