The Nation Newspaper

Tag: CJ

  • Lagos CJ to release awaiting trial inmates

    Chief Judge of Lagos Justice Ayotunde Phillips will visit the four prisons in the state next week as part of the activities marking the 2013/2014 legal year.

    The exercise is aimed at decongesting the prisons.

    It is in accordance with the powers conferred on the Chief Judge by Section 1(1) of the Criminal Justice Release from Custody Special Provision Act CAP C40, 2007 Laws of the Federation of Nigeria.

    According to the programme of activities for the new legal year, Justice Phillips will lead other senior members of the judiciary, the civil society, leaders of the Ikeja and Lagos branches of theNigerian Bar Association (NBA), among others, on a visit to the Kirikiri Maximum and Medium Security Prisons and the Female Security Prisons on September 25.

    The prison visit will be rounded off on Thursday, September 26, with a visit to the Ikoyi Prison.

    Informed sources said those who have been in prison custody awaiting trial for three years and above and have been found worthy of release by the civil society and officials of the Office of the Public Defender (OPD) would be released.

    It was learnt that the OPD had investigated charges and offences that brought the awaiting trials.

    Justice Phillips has so far released 375 awaiting trial inmates from the four prisons in Lagos since assuming office as the Chief Judge last year.

    The week-long activities will begin on September 23, with a service that will hold simultaneously at the Cathederal Church of Christ, Marina and the Lagos Central Mosque, Nnamdi Azikwe Street, Lagos at 9.00 am.

    On Tuesday, September 24, Justice Phillips will lead other judges to the stakeholders summit titled: “Judiciary Information System (JIS): Introduction to e-filing and an Appraisal of the High Court of Lagos State (Civil Procedure Rule) 2012”.

  • Retiring Rivers CJ slams politicians’ abuse of power

    Retiring Rivers CJ slams politicians’ abuse of power

    The retiring Chief Judge of Rivers State Dr. Iche Ndu, has advised judges to be wary of the antics of politicians in the discharge of their duties.

    Justice Ndu gave the admonition in his farewell address in Port Harcourt, the state capital, yesterday.

    He accused government of gross abuse of power and urged the judiciary especially the judges to be cautious in dispensing justice.

    The former CJ equally condemned indiscriminate seeking of exparte motion order of injunction by politicians saying it amounts to abuse of the judiciary.

    He lauded the State High Court judges for their steadfastness in upholding the ethics of their jobs and urged them to maintain same as his successor takes over from today.

    “Each of you remained honest and focused in your job; the result is that none of you ever faced the disciplinary trials of the National Judicial Council.

    “Continue to remain upright, fearless but fair and objective in your dispensation of justice, no matter whose ox is gored.

    “That is more so now that though 2015 is still far away, the High court are inundated with many political matters.

    “The time is therefore perilous and at such a time, remembers the admonition of St. Paul to the Christians in Ephesus: see then that you walk circumspectly, not as fools but as wise, redeeming the times for the days are evil.

    “At this time you should pay attention to what they have always do; and that is the granting of ridiculous ex-perte order of injunction.

    “The jurisdiction of the court to grant an order ex-Parte is an extraordinary one , while it takes care of any urgent situation which if not made before a respondent, has been served leads to an irreparable damage.

    “ If granted, it is meant to last not more than seven days to hear the motion on notice on the same relieve. It is not the time to aid the applicant spring a surprise to respondent(s); such will amount to intolerable, if not illegal order.

    “And for goodness sake if on the day fixed to take a contentious ex-parte application the respondent or his counsel appears in court, there is no need hiding the motion away from him, this is because the essence of making application ex-parte is because there will be no time to serve the adverse party if an alleged irreparable damage is done

    “Again, a judge should not by a temporary order of injunction create a new status quo or destroy the existing one. Make sure you don’t put your career on the line no matter the pressure.”

    President of Nigeria Bar Association (NBA), Okey Wali accused the judiciary of corruption in the discharge of its duties.

    According to him, “ Corruption is a major cause of poverty around the world. It occurs at all levels of the society, both local and national government, civil society, judiciary, large and small businesses, military and service chiefs among others.

    “The worse kind of corruption is judicial corruption. It is the specie that signal final decay, it is the venus that suggests societal suicide. Only the judiciary occupies a priestly office. The judiciary is entrusted with near divine office of deciding life and death, of adjudicating finally controversies and disputes among facet of the society including the other estates of the realm,” he said.

    The retiring CJ is the sixth CJ since Rivers State was created 46 years ago(1967).

    He served in the office for 12 years. The NJC has already named a serving female High court Judge, Ms. Diasy W. Okocha, elder sister to the past president of NBA, OCJ Okocha, as the next CJ.

    She is expected to assume office today.

     

  • Ajimobi, CJ, Alaafin, others visit ailing NUJ officials

    •ACN condoles with NUJ

    OYO State Governor Abiola Ajimobi; the Chief Judge (CJ), Justice Bolajoko Adeniji and Alaafin of Oyo, Oba Lamidi Olayiwola Adeyemi III yesterday visited the ailing Oyo State Chairman of the Nigeria Union of Journalists (NUJ) and the National Treasurer, Comrade Gbenga Opadotun and Alhaja Fatimah Abdulkareem at the University College Hospital (UCH), Ibadan.

    The Chairman of Odu’a Investment Company Limited, Chief Sharafadeen Alli and the company’s Group Managing Directo, Mr. Adebayo Jimoh also visited the journalists.

    Opadotun and Abdulkareem were among the 10 survivors of last Friday’s motor accident in Osun State in which three other journalists died.

    The journalists were returning from an official assignment at their national secretariat in Abuja when their vehicle crashed near Osu in Osun State.

    Ajimobi, who was represented by Deputy Governor Moses Alake-Adeyemo, condoled with Oyo NUJ.

    The governor requested for the best of medical treatment for the survivors and restated the commitment of his administration to foot the medical bills of the duo.

    The Alaafin was represented by the Basorun of Oyo and other members of Oyomesi, including the Caretaker Chairmen of Oyo West and Atiba, Soji Ojoawo and Prince Akeem Adeyemi.

    Alli, Jimoh and other management workers of the company presented a letter of condolence to the NUJ Chairman, assisted by his Secretary, Comrade Rotimi Babalola.

    Executive Council members of the Oyo State chapter of the Nigeria Labour Congress (NLC), led by Comrade Ayobami Ajayi, also visited the survivors.

    The defunct Action Congress of Nigeria (ACN) in Oyo State condoled with the NUJ on the death of its members.

    In a statement yesterday by its Publicity Secretary, Dauda Kolawole, the party’s Chairman, Chief Akin Oke (JP), described the incident as shocking.

    The party expressed appreciation to the medical personnel of the Federal Road Safety Corps (FRSC), the police and officials ofn the Oyo, Osun and Lagos States’ Governmrnts for their support.

    “These actions in a way subtly soothe our wounds,” it said.

     

     

     

     

     

     

     

     

  • NJC urges court not to intervene in probe of ex-Abuja CJ

    NJC urges court not to intervene in probe of ex-Abuja CJ

    The National Judicial Council (NJC) has told the Federal High Court, Abuja not to intervene in its ongoing probe of allegations of misconduct against the immediate past Chief Judge of the Federal Capital Territory (FCT) High Court, Justice Lawal Hassan Gunmi.

    The NJC claimed that under Section 158 of the Constitution, the court is not allowed to interfere in its investigative activities.

    The council’s position is contained in its notice of preliminary objection to a suit by Gunmi seeking to restrain the NJC from probing allegations of miscarriage of justice contained in a petition written against him by a firm, Nestello Gateway Group Limited and its official, Mike Mbanefo.

    NJC argued that since Gunmi had not, in his suit, complained that any of its administrative decisions affected his civil rights, but only complained of being investigated, the court can not intervene.

    It argued that by virtue of Section 158 (1) of the Constitution, its (NJC’s) power to exercise disciplinary control over judicial officers and persons could not be subjected to the direction or control of any authority or person.

    The council contented that Gunmi could only invoke the court’s jurisdiction under Section 251(1)(r) of the Constitution if he could establish that an administrative decision of the council has affected his civil rights and obligation.

    Section 158(1) of the Constitution provides that “in exercising its power to make appointments or exercise disciplinary control over persons, the Code of Conduct Bureau, the NJC, shall not be subject to direction or control of any authority or person.”

    NJC, therefore, argued that by virtue of the constitutional provision, it is empowered to investigate allegations against Gunmi for his conduct while in office.

    It urged the court to decline jurisdiction.

    Gunmi, now the Emir of Gunmi, Zamfara State, sued NJC and six others, challenging the competence of the (NJC) to probe him even when he has ceased to be a serving judicial officer by reason of his letter of voluntary retirement dated May 13, 2013 and the payment of three months salary in lieu of notice.

    He also queried the probe by the NJC when cases relating to issues which formed the subject of his investigation were subject of pending cases before the Federal High Court and the FCT High Court.

    The former FCT CJ is urging the court to declare that the NJC lacked the power or jurisdiction to probe him since the subject matter of the case was pending before an Abuja High Court.

    He also urged the court to set aside anything done or purported to be done by the NJC and the probe panel on the ground that he was no longer a judicial officer.

    Yesterday, after entertaining arguments from plaintiff’s lawyer, Okunade Olorundare (SAN and defence lawyers -Phillips Jimoh-Lasisi (SAN) and Ameobi Nzelu) – on the application to be heard first, Justice Adamu Bello elected to hear the substantive suit with the preliminary objection.

    He adjourned to July 11 for parties to adopt their written final addresses, following which a date would be fixed for judgment.

     

     

  • Aliyu berates rights groups for supporting man with 86 wives

    •Swears in first woman CJ

    Niger State Governor yesterday swore in the first woman Chief Judge (CJ) and the second in the North, Justice Lami Fati Abubakar.

    The new CJ is the wife of former Head of State, Gen. Abdulsalami Abubakar.

    Aliyu conducted the ceremony in his Minna office.

    He berated rights activists and some civil society organisations for defending the Bida Islamic scholar, Mohammed Masaba, who reportedly married more than 86 wives.

    Aliyu said their defence of Masaba was morally wrong and unjustified because the cleric was believed to have been engaged in what the society perceived as an illegal behaviour.

    The governor argued that the groups should have defended the women Masaba might have lured into marriage instead of pitching their support with the cleric, who has allegedly vowed not to stop marrying more wives.

    Aliyu said: “We can deceive ourselves but we cannot deceive God.”

    The governor said investigations showed that some top public officers in the state had surpassed religious stipulations and married between five and seven wives.

    He noted that harmful practices against the girl-child was thriving in parts of the state and called for the implementation of the law to stop the perpetrators of such practices.

    Aliyu described Justice Abubakar as “a paragon of empathy and welfare”.

     

  • CJ urges lawyers to embrace ADR

    The Acting Chief Judge (CJ) of the Federal Capital Territory (FCT) High Court, Justice I. M. Bukar, has urged lawyers to embrace Alternative Disputes Resolution (ADR) in order to reduce litigation.

    He spoke at the inauguration of nine committees of the Nigerian Bar Association (Abuja) branch executive.

    The branch Chairman, Mr Desmond Yamah, urged the chairmen and members of the committees to discharge their duties with the fear of God and impartiality.

    Justice Bukar asked lawyers to be disciplined to enable the Judges meet the performance evaluation standards set for them by the National Judicial Council (NJC).

    Under the new regime, the judges are to grant very few injunctions and give a required number of judgments per quarter.

    He said courts were yet to get the high level of automation and computerisation that will make judges expedite justice delivery at the speed of light.

    Lawyers, he said, must first explore the ADR before coming to the court to avoid flooding the courts with frivolous suits.

    He frowned at a situation, where a counsel would come to court on a day a matter is set for judgment and be applying to amend his writ.

    He solicited the cooperation of the Bar and bench to facilitate effective and efficient justice delivery.

    He promised to attend the NBA meeting to speak on how to manage cases and embrace litigation.

    The committees, which were inaugurated, are the Welfare, Judiciary, the Legislative advocacy Working, the Editorial committee of the Unity Voice, Law Reporting, Finance, Continuing legal education committee, the Young lawyers Forum, and the Section on Business Law.

     

  • CJ urges lawyers to embrace ADR

    The Acting Chief Judge (CJ) of the Federal Capital Territory (FCT) High Court, Justice I. M. Bukar, has urged lawyers to embrace Alternative Disputes Resolution (ADR) in order to reduce litigation.

    He spoke at the inauguration of nine committees of the Nigerian Bar Association (Abuja) branch executive.

    The branch Chairman, Mr Desmond Yamah, urged the chairmen and members of the committees to discharge their duties with the fear of God and impartiality.

    Justice Bukar asked lawyers to be disciplined to enable the Judges meet the performance evaluation standards set for them by the National Judicial Council (NJC).

    Under the new regime, the judges are to grant very few injunctions and give a required number of judgments per quarter.

    He said courts were yet to get the high level of automation and computerisation that will make judges expedite justice delivery at the speed of light.

    Lawyers, he said, must first explore the ADR before coming to the court to avoid flooding the courts with frivolous suits.

    He frowned at a situation, where a counsel would come to court on a day a matter is set for judgment and be applying to amend his writ.

    He solicited the cooperation of the Bar and bench to facilitate effective and efficient justice delivery.

    He promised to attend the NBA meeting to speak on how to manage cases and embrace litigation.

    The committees, which were inaugurated, are the Welfare, Judiciary, the Legislative advocacy Working, the Editorial committee of the Unity Voice, Law Reporting, Finance, Continuing legal education committee, the Young lawyers Forum, and the Section on Business Law.

     

  • CJ unveils statue of Lady Justice

    The Chief Judge of Lagos State, Justice Ayotunde Phillips, has unveiled a statue of Lady Justice, also called Justitia in the High Court, Ikeja premises.

    The gold statue, was erected on a black and ash base, behind the fence of the court overlooking ArchBishop Vining Road, Ikeja.

    At the back of the base of the statue is an inscription which states,: “UBI JUS UBI REME DIUM.

    Justitia is garbed in a Greco-Roman toga or tunica, in the tradition of classical goddesses, philosophers and prophets.

    Lady Justice has the attributes of several goddesses who embodied right rule for Greeks and Romans in the olden days, and her image is a common sight on courthouses and legal institutions world wide.

    Lady justice is often depicted wearing a blindfold. This is done in order to indicate that justice is (or should be) meted out objectively, without fear or favor, regardless of the identity, power, or weakness of the individuals brought before the bar.

    Due to the fact that blindfolds were worn by the blind, some assume Lady Justice herself is blind. This belief is likely what led to the phrase, “Justice is blind”.

    Justice is most often depicted with a set of weighing scales typically suspended from her left hand, upon which she measures the strengths of a case’s support and opposition. She is also often seen carrying a double edged sword in her right hand which divides with the power of reason and justice in either direction simultaneously.

  • Amaechi, CJ, lawyers canvass adherence to rule of law

    The need for every member of the society to uphold the supremacy of the law and refrain from abuse of the people’s rights ran through presentations at this years’ annual Law Week of the Nigerian Bar Association (NBA) Port Harcourt branch.

    Speakers at the event held last week in Port Harccourt include Rivers State Governor, Chibuike Amaechi, the state’s Chief Judge, Justice Iche Ndu, the branch Chair, Lawrence Oko-Jaja and Sebastine Hon (SAN).The theme of the week was Human Rights Issues in the Discharge of the Duties of Agencies of Government. Amaechi argued that the thought that absolute freedom exists was a mirage. “I challenge those who feel they have been wronged by the Rivers State government to go to court and enforce their rights.”

    Justice Ndu urged the NBA members to continue to fight for the independence of the judiciary and its financial autonomy, thereby ensuring the speedy delivery of justice.

    Represented by the state’s Attorney-General, Worgu Boms, Amaechi pledged to evolve measures to curb lawlessness. He argued that it was unjust for individuals to breach existing laws and plead the enforcement of fundamental human rights.

    He said persons, who saw nothing wrong in disobeying the law in the state, would not be spared, declaring that the government would never be intimidated.

    He said the blames of slow justice delivery should not be for the courts alone, but also for the litigants, who are not always well prepared with the necessary documents, before rushing to the courts.

    Ndu maintained that the judiciary should not be blamed for the country’s woes, since the concerned stakeholders had not bothered about the welfare of the state’s judges, whom he said should be properly catered for, before delivering justice.

    “The bar and the bench must rise to the occasion. If you ask an average Nigerian why he likes to take the law into his own hands, he will tell you that the courts are wasting time. That is why they resort to self help.

    “Deliberate attempts to slow down justice through injunctions should be discouraged and those coming to the courts should be ready with all the evidence and witnesses, before rushing to the courts.

    “We must pay less attention to procedures and focus more on the welfare and safety of those, in whose shoulders the burden of delivering justice is upon. Nobody is talking of proper financial autonomy for the judiciary and it is wrong.

    “All the funds appropriated to the judiciary should be released as soon as the budget is passed. The bar should sue the executive to ensure that this is done. The judges cannot speak for themselves. Those who dispense justice must be well and alive to do so.”

    Hon argued that the executive has become too powerful as a result of the trend. He called for urgent action to reverse the trend.

    “If the judiciary does nothing, it will become useless in the hands of the executive. The chief judge is supposed to originate budgetary provisions which would be sent to the Assembly to be passed and if they refuse to pass it, you go to court.

    “If the judiciary in every state was to be independent, 50 per cent of the problems facing Nigeria would have been solved but we have surrendered our powers to the governors and they have become so powerful.”

    Oko-Jaja, who frowned at some state officials in the conduct of their duties, insisted that the government must train its law enforcement agents, in order to avoid punishing innocent persons.

    The week also examined the country’s cabotage regime and legal practice.

  • Taraba Assembly directs CJ to set up panel against Deputy Governor

    Taraba Assembly directs CJ to set up panel against Deputy Governor

    The Taraba State House of Assembly yesterday continued impeachment proceedings against Deputy Governor Alhaji Abubakar Sani Danladi. The lawmakers directed the Chief Judge of the state, Justice Josephine Tuktur as a matter of urgency, to constitute an investigative panel that will probe Danladi’s alleged offences. The deputy governor was on September 4, served with an impeachment notice, for alleged “gross misconduct, sharp practices and lack of capacity to function as a deputy governor”. He was given 14 days to satisfactorily respond, failure which he would be impeached.

    The deadline expired on Tuesday, a day after he (Danladi) was stopped from receiving the national honour of the Officer of the Order of the Federal Republic (OFR) by President Goodluck Jonathan.

    The directive (on the judiciary) followed Danladi’s response to the impeachment notice, which compelled the legislators who are on recess to convene an emergency sitting at about 9.30p.m last night. The dusk plenary was attended by 21 members, who formed quorum.

    Having deliberated on Danladi’s reply, which lasted for several hours, the Assembly members unanimously decided that the Judiciary should come in as an arbiter to investigate all the allegations that led to the impeachment process and whether the House’s moves were lawfully.

    19, out of the 23-member House had signed the impeachment notice. But yesterday the two members that initially refused to sign the impeachment notice appended their signatures on the document.

    To give Danladi fair hearing, the judiciary was given three months to carry out their investigation, which the House said they will abide by the outcome of the findings.