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Tag: CJN

  • CJN warns judges against serving as tools to desperate politicians

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has warned judges against yielding themselves as tools for the subversion of justice by politicians who are desperate for power.

    The CJN, who urged judges to shun corruption and other unethical conduct, advised them to always, in the course of their duties, be guided by their conscience and the oath they swore to as judicial officers.

    Justice Mohammed spoke in Abuja yesterday while swearing-in 30 new judges of the Federal High Court. The swearing is a culmination of a process which began last year with newspapers’ advertisement.  Two thousand applied, from which 128 were shortlisted for interview.

    This set of judges is the first to be appointed using the more rigorous process under the “2014 Revised National Judicial Council Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria.”

    In particular, the CJN urged judges of the Federal High Court to always remember that, with the court’s broad jurisdiction (the largest in the country), their judgments have “potential to change the governance and impact the peace of our dear nation.

    “I urge your lordships and all judicial officers not to allow themselves to be used as pawns by our various politicians in their quest for power.  The law is not obedient to any man but itself; by contrast, all men must obey the laws of the land.

    “Your Lordships must therefore take the proverbial bull by the horns and pull the plough within your courts so that we cultivate a highly professional, incorruptible and effective justice delivery system.

    “This we can only do, when we dispense justice without fear or favour, affection or ill will.  We must be seen to do justice though the heavens may fall and I assure your lordships that the heavens will surely not fall.

    “In an era where more press and public scrutiny of your courts is abound, we must all now realize that we have a sophisticated, discerning and alert population that is able to interpret our actions, however cleverly disguised.

    “Even if they are not able to perceive the mala fides in an act, nevertheless the duty to do justice and act honestly in furtherance of our collective interest as a people is surely no less a concern. In fact, such a duty is even starker.  This informs the oaths we take and must underpin the way that we act in our courts,” Justice Mohammed said

    The CJN, who expressed concern over the increasing frequency of corruption allegations against the Judiciary, agreed the few bad eggs exist within the nation’s judicial system. He challenged those behind such allegations to always provide evidence to allow for easy identification of the corrupt ones.“Although I will not hide away from the reality that some Judges and Judicial Staff may be complicit in corrupt practices, however, I must assert that corruption within the Judiciary is only imbibed by a minute minority.

    The new judges are: Mrs.Rosemary Dugbo Oghoghorie (Delta State), Yellin S. Bogoro (Bauchi State), Taiwo Obayomi Taiwo (Ogun State),  Ibrahim Watila (Borno State),  Mallong Peter Hoommuk (Plateau State), Isa Hamma Adama Dashen (Adamawa  State), Hassan Dikko (Kebbi State), Jude Kanyioh Dagat (Kaduna State), Olayinka Olusegun Tokode (Osun State)  and Simon Akpah Amobeda (Kogi State).

    Others are Jane Egienanwan Inyang (Cross River State), Daniel Emeka Osiagor (Rivers State), Prof. Chuka Austine Obiozor (Anambra State), Iniekenimi Nicholas Oweib          (Bayelsa State), Hassan Muslim Sule (Zamfara State), Hadiza Rabiu Shagari (Sokoto State), Saleh Kogo Idrissa (Yobe State), Joyce Obehi Abdulmalik (Edo State) and Hillary Ide Osho Oshomah (Edo State).

    Also included are Fadima Murtala Aminu (Adamawa State), Toyin Bolaji Adegoke           (Kwara State), James Kolawole Omotosho (Ogun State), Nehizena Idemudia Ekunwe (Edo State), Stephen Daylop Pam (Plateau State), Akintayo Aluko (        Ekiti State), Dr. Nnamdi O. Dimgba (Abia State), Emeka Nwite     (Ebonyi State), Abdulazeez M.Z. Anka          (Zamfara State), Abdu Dogo (FCT) and Adamu Turaki Muhammed (Jigawa State).

    “I believe that the Nigerian Judiciary is comprised largely  Judicial officers who are hardworking, dedicated, ethically minded, learned, patriotic and possess the highest standards of morals.  Indeed there is scarcely any other type of public servant as committed to their role as these dispensers of Justice.

    “The Nigerian Judiciary is one of the hardest working Judiciaries in the world, despite the paucity of funds and the lack of adequate welfare provisions for its personnel. Nevertheless, I must accept the need for the Judiciary to sanitize itself where allegations are made.

    “However, as the saying goes- he who alleges must prove.  This will indeed be done where the accusers themselves avail us of the particulars of these incidences of judicial corruption as well as the identity of the perpetrators, so that the National Judicial Council can act promptly and appropriately to remove such deviants from the Bench

    “I urge your lordships to consider the oaths that you have just taken to be a solemn commitment to serve with dedication, fairness, and in a manner that is faithful to the Constitution and the law of the land.  It is also a solemn covenant to the Almighty that you will perform your duty with all due diligence and honesty.

    “As such you must strive not to betray these oaths as this will also mean a betrayal of the trust of those who screened, interviewed and recommended you before your eventual appointment.  It will indeed be a betrayal of the trust of Nigerians who have reposed in you the power of Judgment as the representatives of God on earth.

    “Your lordships are now the embodiment of Justice.  You are the executors of the law and the protector of the social contracts, rights and morals that give safety to the good people of Nigeria.  Where your Jurisdiction permits it, you must ensure that you interpret the law within the confines of Judicial Precedent.

    “It may be that a difficult matter lies before you and the knotty issues of legal jurisprudence may seem arcane.  I urge you to seek the counsel of fellow Judges that are more senior to yourselves and are equally respected.  Be thoroughly grounded in the law and you will surely find solid footing therein,” the CJN said.

     

  • CJN blames Executive for poor prosecution of corrupt politicians

    CJN blames Executive for poor prosecution of corrupt politicians

    CHIEF Justice of Nigeria Mahmud Mohammed has blamed the Executive for what she called shoddy prosecution of corruption cases involving politically exposed individuals and those close to them.

    He said such cases suffer neglect because of the lack of “political will” by the Executive, which controls the prosecuting agencies.

    Justice Mohammed challenged the Attorney General of the Federation (AGF), Abubakar Malami (SAN), to exhibit the government’s resolve to fight corruption with his personal involvement in the prosecution of some notable cases.

    Media Aide to the CJN, Ahuraka Isah, in a statement yesterday, said Justice Mohammed spoke during a  November 24 meeting in Abuja with the AGF, Justices of the Supreme Court and heads of federal courts.

    Isah quoted the CJN as saying that: ‘’Experience within the judiciary shows that there is abject lack of political will to prosecute some of those cases pending before our courts almost a decade in some instances. It is not because there are no special courts, but mostly for reasons of political expedience and other ancillary considerations.

    “I would likewise wish to encourage you (AGF) to display a greater resolve than your predecessors in tackling outstanding cases before the courts. In times past, the Attorney General of the Federation would often lead teams of legal counsel in high profile cases so as to demonstrate the resolve of the government to enshrine the Rule of Law.

    “Sadly, recent Attorney Generals have become less inclined to do this.  I would certainly like to see you, as the Attorney General, appear before us, especially in cases of important national purport.

    “There is the need for seasoned prosecutors to prepare and file charges before courts of competent jurisdiction so that criminal matters are timeously determined.

    “The quality of prosecutions presented in courts by our prosecutorial agencies must be improved upon, as they are sometimes of a standard that will never found a conviction in any court anywhere; yet, a well-prepared prosecution can see to the determination of criminal matter within a month.

    “Of course, no competent prosecutor, who has filed valid charges would permit an accused to mount an interlocutory appeal, to the extent of going forth and back, sometimes twice or more to the Supreme Court, since such lapses could be injurious to the dispensation of justice.’’

    The CJN advised the minister to recruit more lawyers, who should be adequately trained to handle more cases on behalf of the state.

    He remarked that this would create a reservoir of highly trained, public spirited lawyers to feed the Bench and the Bar; and also to act in the stead of private firms, who often charge higher fees at the expense of the public purse.

    Justice Mohammed urged the Executive to support on-going efforts to reform and revamp the justice sector by strengthening the capacity of investigation units with the provision of equipped forensic and ballistics laboratories across the country to aid better evidence gathering and reduce trial times.

    On the issue of judicial funding, his lordship said the judiciary welcomed the idea of zero budgeting as against the incremental style budgeting that often resulted in insufficient resources for the Judiciary to operate.

    The CJN urged the AGF to always attend meetings of judicial bodies like the Body of Benchers, Legal Practitioners Privileges’ Committee (LPPC), Board of Governors of the National Judicial Institute (NJI) and others of which he is a member by statutory provisions.

    In his response, the AGF reiterated the Federal Government’s resolve to curb corruption.

    He added that the government was concerned about the working condition of the judicial officers whose services are required to achieve this goal.  The AGF promised to publicly support the judiciary and ensure that legislation against false accusation of judicial officers is put in place.

    Malami assured the judiciary that the emoluments of judges and court workers would be enhanced and that the current budgetary allocation to the sector would be reconsidered.

    He suggested the establishment of an ‘’Interface Committee’’, comprising representatives of the Executive and the Judiciary for the purpose of preparing Executive Bills for Constitution amendment, drawing up workable policies and proposing reforms that would be jointly pursued by the executive and judiciary arms of government.

    Other Supreme Court justices at the meeting were Justices W.S.N. Onnoghen, I. T. Muhammad, M. S. Muntaka-Coomassie, John Afolabi Fabiyi, Suleiman Galadima, Bode Rhodes-Vivour, Nwali Sylvester Ngwuta, Mary Ukaego Peter-Odili, Olukayode Ariwoola, Musa Dattijo Muhammad, Clara Bata Ogunbiyi, Kumai Bayang Aka’ahs, K. M. O. Kekere-Ekun,  J. I. Okoro, Chima Centus Nweze and Amiru Sanusi.

    Also at the meeting were Chief Judges of the Federal High Court, Justice Ibrahim Auta and the High Court of the Federal Capital Territory, Justice Ishaq Bello, the President of National Industrial Court, Justice Babatunde Adejumo and that of the Customary Court of Appeal (FCT), Justice Moses Bello.

  • CJN, others advocate discipline, standards

    CJN, others advocate discipline, standards

    Chief Justice of Nigeria (CJN) Mahmud Mohamed and other eminent lawyers have decried the falling standards in the profession and the increasing lack of discipline among lawyers and judges.

    They suggested ways to halt the drift, including stricter enforcement of rules of professional conduct.

    They spoke at a luncheon organised by the firm of SPA Ajibade and Co: Legal Practitioners, Arbitrators and Notories Public, with the theme: The Future of Legal Practice in Nigeria: Regulation and Discipline in the legal profession.

    The CJN, represented by Justice John Inyang Okoro believes lawyers should regulate themselves. One way to do so, he said, is to report erring lawyers without fear of repercussions.

    “The issue of reporting is key. If you are aware of a senior lawyer doing something wrong, report him. It’s a serious matter. If we don’t report, others will come and take over and regulate us,” he said.

    Okoro, who chaired the event, urged the NBA Disciplinary Committee to do more about rising cases of indiscipline among lawyers.

    A life Bencher, Mrs Hairat Balogun, said law students should be taught ethics. “Ethics is not taught as a core subject to Law students. Ethics and discipline go together. They’re intertwined with morals,” she said.

    According to her, judges also need to be highly disciplined to be able “to do justice even if heaven falls.” “We must learn to do the right thing.”

    Some judges, she said, do not handle proceedings in their court with authority, while others exhibit laziness by adjourning ruling they could have given instantly. “Some judges don’t seem to be able to manage their courts,” she said.

    Balogun said the bench can help enforce discipline by imposing more stringent costs against lawyers who waste time. “How can a lawyer go from Lagos to Abuja and get a cost of N20,000? That is still not good enough,” he said.

    In response, Justice Okoro said the Supreme Court has once awarded N8million against a lawyer, to be paid personally by him.

    Director-General of the Nigerian Law School, Mr Onadeko, said law students are generally disciplined on campus but some of them change after being called to the Bar. He said indecent dressing is not tolerated in the Law School.

    “You won’t see a law student not properly dressed, but you will see lawyers badly dressed,” he said, adding that lack of internship, in which young graduates set up law practice without passing through pupilage, is partly responsible for waning standards.

    Onadeko said with the increasing number of lawyers, with 7000 joining the profession this year, the Nigerian Bar Association (NBA) has more work to do. “NBA needs to strengthen its scope of surveillance,” he added.

    On the number of law students produced annually, he said: “There seems to be no correlation between the number of those coming into the profession and the opportunities available. We need to find a meeting point between the number of lawyers we’re training and the needs of the nation,” he said.

    However, Justice Okoro said lawyers who are paid peanuts by their seniors cannot afford to dress properly. “Is paying someone N10,000 not a misconduct,” he asked.

    Chief Anthony Idigbe (SAN) believes self-regulation is generally ineffective. “We need an independent regulator for the legal profession,” he said.

    Urging the profession “to fight for” statutory regulation, he argued that the Disciplinary Committee may not be independent enough as it is made of lawyers who may have vested interests or against whom complaints are made.

    Mr George Oguntade (SAN) thinks judges should also report erring lawyers to help sanitise the profession because “the court is he first point of call”. His comment followed a question by Justice Olatunde Oshodi of the Lagos High Court on whose duty is it to enforce discipline among lawyers. The judge believes it is primarily NBA’s responsibility.

    Managing Partner of SPA Ajibade and Co, Dr Babatunde Ajibade (SAN) agreed that judges have a role to play in assisting lawyers towards a better profession.

    He, however, disagreed with a suggestion that Senior Advocates should have a primary responsibility of monitoring other lawyers in court and reporting those who misbehave. To him, SANs are not infallible and may need to be reported for misconduct themselves.

    “Unless we take it up and report wrong conduct, the problems will persist,” Ajibade said.

    The guest lecturer, Mr Harry Matovu (QC) of Brick Court Chambers, UK, said failure to report wrongdoing is unethical.

    “Failure to report is in itself a breach of the rules,” he said.

    A lawyer, Mr Fubara Anga, said the entire system of enforcing displine in the legal profession “has to be looked at again”.

    He suggested a “systemic approach” in tackling a lack of discipline, which he said should begin at the Law School.

     

  • Reconstitute Abia Electoral Appeal Panel, group tells CJN

    Reconstitute Abia Electoral Appeal Panel, group tells CJN

    A group, the Catholic Networks of Nigeria [CNN], has protested across Abia State demanding reconstitution of the panel of justices of the Court of Appeal that will be handling the appeal filed by the candidates of All Progressives Grand Alliance [APGA].

    The group asked the Chief Justice of the Federation (CJN) and the President of the Court of Appeal (PCA) to relieve the current members of the panel of the responsibility.

    Speaking while the group was demonstrating peacefully at Bende town, the coordinator, Catechist Ambrose Udensi said the people of the state no longer have confidence on the panel of justices of the Court of Appeal at Owerri.

    Udensi alleged that INEC and PDP are the main problems the state is having through their connivance to rig the last election to the benefit of the ruling party in the state, against the wishes of the people.

    The CNN coordinator said INEC and PDP are trying to stop the people from reclaiming their mandate, “The judges did their worst by striking out most of the petitions filed by APGA candidates and has now left Abia in a state of hopelessness,” they alleged

     

  • CJN expresses concern over attack on Judiciary

    CJN expresses concern over attack on Judiciary

    CHIEF Justice of Nigeria (CJN) Mahmud Mohammed is worried about the increasing attacks on the judiciary by politicians and some lawyers.

    He said it amounted to disparaging the integrity and reputation of the judiciary.

    The CJN, in a statement by his media aide, Ahuraka Issah, said “some politically-exposed persons, governors and even lawyers to some litigants averred that verdicts by election tribunals were influenced by money and political pressure”.

    Justice Mohammed said it was not enough for those making such allegations to say the judiciary was corrupt  and look the other way while thugs beat up judges. He said the fight against corruption is a collective one, especially among public officials, particularly governors who are the chief security officers of their states.

    The CJN urged governors and public office holders to be sincere in the fight against corruption, noting that action speaks louder than words.

    He said where proven allegations of fraud were made against judges and court workers, it would be more productive to report such to the National Judicial Council (NJC), which is the body constitutionally-mandated to look into such matters.

    He said the judiciary remained an impartial institution, the last hope of the common man and the blind dispenser of justice without fear or favour, affection or ill-will.

    Also, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) have complained about the delay in the release of judgment by election tribunals.

    They urged the CJN to intervene to ensure that Certified True Copies (CTCs) of judgments would be given to parties to allow them appeal on time.

    In a letter by counsel to the PDP and INEC at the Rivers State legislative election petition tribunal, Godwin Obla (SAN), the parties urged the CJN to prevail on affected tribunals to release their judgments.

    Obla said he applied for the CTCs of the judgment in the cases between Wali Belief Azeru vs. Michael Okechukwu Chinda and Dr. Otogwung Dressman vs. INEC and others, but was denied the judgments.

    He said: “While we appreciate the peculiar demand of time that may have necessitated such near crippling judicial adventure, it is however worrisome that the judgments, as pronounced in the open tribunal on October 26, 2015, in respect of the two reference petitions above merely pronounced on the award of reliefs without any allusion as to the requisite decision and judicial reasons thereof.”

    “While one may reasonably attribute the tribunal recourse to such brevity to the exigency of time, it however fall grossly short of legal requirements mandating the court or tribunal to clearly state the legal principle and decision arrived therefrom upon which the judgments is based, just as it is applicable to the hierarchy of courts where such mode of judgments is countenanced by law, i.e., at the Court of Appeal and the Supreme Court.

    “Our worry over the above became more heightened when upon our written application to the tribunal for the CTC of the judgments or in the alternative, CTC of the handwritten judgments to be made available to us as to enable us decide on the required step as promptly as possible, in view of the limited timeframe for any subsequent step to challenge the judgments, same was bluntly turned by the registry.”

  • CJN to new lawyers: uphold ethics

    CJN to new lawyers: uphold ethics

    THE Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has urged newly inducted lawyers to adhere to the code of ethics guiding law practice.

    Mohammed, who also chairs the Body of Benchers, spoke yesterday at the Call-to-Bar ceremony organised by the Nigeria Law School (NLS).

    He said: “It is pertinent for me to remind you of some salient truths about the legal profession.

    “The profession is known for its sanctity, integrity, honesty, objectivity and respect for the rule of Law.

    “I, therefore, implore you as learned friends to exhibit the highest level of professional ethics and decorum wherever you find yourself and tenaciously guard the ethical values of the profession.

    “As lawyers duly called to the Nigerian Bar, you now qualify as barristers and solicitors of the Supreme Court of Nigeria.

    “You are hereby granted the licence to appear before any court, from the lowest right up to the Supreme Court, which is the apex court of the land.”

    “However, you must remember that you are expected to enrol at the Supreme Court, so that your name will be entered in the roll of lawyers in Nigeria.

    “Failure to enrol on the roll of Legal Practitioners at the Supreme Court is fatal to your chances of practising, regardless of the certificates you have been given and the privilege of being called to the Bar in this hall today.”

    Mohammed described the swearing in as “significant in the annals of Nigeria’s legal profession being the only means to admit new lawyers to practice”.

    According to him, the Body of Benchers had thoroughly screened each of the new lawyers and found them worthy to be members of the Nigerian Bar.

    The Body of Benchers and the Council for Legal Education jointly organised the event for successful lawyers at the April/May 2015 bar examination.

    Director-General of Nigerian Law School Mr. Olarenwaju Onadeko said 14 of the 3,600 new lawyers were part of the previous set.

    He explained that students with “carry over” mostly took the April examination after two months of intensive preparations.

    The director-general said there was an improvement in the performance of the current batch in the April examination, when compared to the previous batch.

    He said: “The April 2015 examinations were undertaken by the resit students, after two months of intensive preparations.

    “The compulsory intensive revision exercise was the timely and effective decisions of the Council of Legal Education for all intending resit candidates.

    “Their performance at the examinations vindicated the decision because the success rate was 63. 8 per cent; the resit exam of 2014 returned a humble success rate.

    “The correlation between the mandatory revision classes prior to the examinations and the attained result thereafter is glaring.

    “It is our hope that the performance at the resit examinations will continue in the upward direction in the future.”

    “The May final Bar examinations was undertaken by 2,851 students of the April entry class of 2014/2015 school year earlier referred to.

    “They are dubbed the “backlog class” but their performance has obliterated the tag. They achieved 68. 5 per cent outright pass and 2.9 per cent conditional pass.

    “The two together give a success figure of 71. 4 per cent; out of their number, four candidates attained the First Class grade, 109 obtained the Second Class upper grade.

    “Four hundred and eighteen were classified in the Second Lower division and 1,422 attained the pass grade.

    “In the sum, the total number of passes is 1,953 while 815 students failed.”

     

  • CJN cautions judges, magistrates on plea bargain adoption

    CJN cautions judges, magistrates on plea bargain adoption

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has cautioned judges and magistrates to be cautious in handling plea bargains  brought before them.

    He also advised judicial officers to accord human face to criminal justice proceedings by considering other alternatives to custodial sentences in view of the inadequacies of the nation’s prison system.

    ‘I call on you all to be aware of the provision of other alternatives to custodial sentences, which will assist in ensuring that justice is done, with a human face and in consideration of the capacity of our prisons to cope with incarcerated persons’

    Justice Mohammed spoke in Kaduna yesterday while addressing a group of judges and magistrates, who are attending a sensitisation workshop on the Administration of Criminal Justice Act (ACJA), for judges and magistrates of the Federal Capital Territory (FCT),  organized by the United Nations Office on Drugs and Crime (UNODC), with funding by the European Union (EU).

    The CJN, who was represented by Justice Ibrahim Tanko,  noted that the ACJ Act is the culmination of the long held desire to improve upon the administration of criminal justice and to bring the rules of criminal procedures in Nigeria in line with global best practices and the need of the 21st Century.

    He added that the objectives of the Act, as found in Section 1 of the law, are to promote efficient management of criminal justice institutions, provide of speedy dispensation of justice and protect the society from crime, while defending the rights and interest of the defendant and the victim.

    “These indicate a deliberate shift from punishment, as the main goal of criminal justice is restorative justice, which pays attention to the needs of the society, the victims, vulnerable persons and human dignity,” the CJN said.

    “Another important innovation, which I shall only mention, is plea bargaining. Suffice it to say that you must be very careful. And I repeat, you must be very careful in accepting a plea bargain agreement that is before you and ensure that its use is indeed judicious and not malicious.

    “Similarly, I call on you all to be aware of the provision of other alternatives to custodial sentences, which will assist in ensuring that justice is done, with a human face and in consideration of the capacity of our prisons to cope with incarcerated persons,” he said.

    The National Judicial Commission (NJC) in April 2013 suspended Justice Abubakar Mahmud Talba of the FCT High Court for one year on the grounds “that he did not exercise his discretion judicially and judiciously with regard to the sentences he passed on one of the accused persons, Mr. John Yakubu Yusuf in the Police Pension case of FRN vs Esai Dangabar and five others.”

    Justice Talba had, in his judgment in the case, awarded a fine of N750,000 as fine against Yusuf, who pleaded guilty to the theft of over N23billion. Justice Talba, who has since resumed duties, was listed, in the programme of event, as a discussant and participant at the workshop.

    The Chief Judge of the High Court of the FCT, Justice Ishaq Bello, the President of the Customary Court of Appeal, Justice Moses Bello and the Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Professor Adedeji Adekunle commended the various innovative provisions contained in the ACJA 2015.

    They were confident that the law, when properly applied, was capable of revolutionizing the nation’s criminal justice system and eliminate the delay associated with criminal trials.

    The FCT High Court Chief Justice said the workshop was intended to help judges, magistrates and other players within the criminal justice system understand the ACJA with a view to ensuring the effective operations of the system.

    The president of the Customary Court of Appeal, who was represented by his Senior Special Assistant (Legal) Gabriel Maha, said the ACJA would help eliminate the lacuna that existed in the former criminal justice legislations, which constituted major challenges to the effectiveness of the criminal justice system.

    Representative of the UNODC, Mrs. Ugonna Ezekwem, who highlighted the various ways her organisation was working to ensure that the ACJA was well popularised, assured everyone that the UNODC will continue to support all efforts aimed at ensuring the effective implementation of the ACJA.

     

     

     

     

  • CJN queries judge over 2011 pre-election case

    CJN queries judge over 2011 pre-election case

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has asked a judge of the Federal High Court in Lagos, Justice Rita Ofili-Ajumogobia, to explain why judgment was not delievered in a 2011 pre-election suit  after judgment was fixed twice within the last three years.

    It was learnt that the CJN’s correspondence to the judge, with Reference number NJC/F.3/FHC.26/1/232  dated February 17, was sequel to a petition to the National Judicial Council (NJC) by Mrs. Victoria Ayeni, the plaintiff in the 2011 pre-election suit brought against Olusola Sonuga and two others.

    The CJN’s missive, which served as a reminder, was titled: “Re: Petition against Honourable Justice R.N. Ofili-Ajumogobia, sitting at the Lagos Judicial Division of the Federal High Court of Nigeria”. It was copied to the court’s Chief Judge, Justice Ibrahim Auta.

    It reads: “I refer to my predecessor’s letter No. NJC/F.3/FHC.26/1/212 dated 14th August, 2014 on the above subject matter, which you are yet to forward your response.

    “I forward herewith a reminder petition dated 31st January, 2014 (sic) by the petitioner, Mrs. Victoria A.A. Ayeni.

    “You are, therefore, requested to explain why judgment cannot be delievered in the matter. Your response should be forwarded to my Chambers through your Chief Judge within two weeks from the date of your receipt of this letter, please.” It was signed by the CJN and in his capacity as the Chairman of the NJC.

    Judgment in the suit  No.  FHC/AB/CS/31/2011, which was reportedly argued by parties on May 22, 2012 in Abeokuta, was first fixed for judgment on July 10, 2012.

    It was argued de-novo (afresh) in Lagos following a directive by the Chief Judge that the matter be concluded by the trial judge, who had then been transferred to Lagos. Judgment was fixed for June 14, 2014. But judgment is yet to be delivered in the matter till date.

    In her petition, Ayeni, an aspirant for the Ogun State House of Assembly on the platform of the People’s Democratic Party (PDP) had accused the judge of having a “compromising posture” in the suit numbered  FHC/AB/CS/31/2011. The PDP and the Independent National Electoral Commission (INEC) are the other defendants.

    The petitioner, who alleged that the trial judge was using judicial powers against her since 2011, is asking for a panel of investigation to be set up to determine whether or not the trial judge “has not compromised her position” as a judge in the suit.

    Ayeni alleged that  hearing in the suit, which was filed on June 2, 2011 through an Originating Summons, did not commence until May 22, 2013, after seven adjournments.

    The petitioner said it was in the course of waiting for the judgment that the judge was transferred to the Lagos Judicial Division, adding that it took several months before the Chief Judge  directed that the matter be concluded.

    She claimed she paid several visits to the court in Lagos without getting a hearing date.

    Consequent, her lawyer, Dele Ajasa, wrote a letter dated May 30, 2013, requesting for a date for hearing which was later fixed for November 25, 2013.

    Though her counsel and that of the first defendant argued their case on the resumption date, she claimed that the trial judge ordered that a fresh hearing date be served on the second and third defendants and adjourned the matter till December 3, 2013.

    The matter, she claimed, went through six adjournments before a fresh hearing was finally held on April 3, 2014 and judgment fixed for June 16, 2014.

    The petitioner added that case suffered several adjournments  between June 16 and July 16, 2014.

    According to Ayeni, she lost her patience when it became obvious that the judgment may never be delivered.

    Although fixed for July 16, 2014, the judgment was again not delivered that day despite the fact that her counsel and that of the second defendant were in court.

    Spokesperson of the NJC, Mr. Soji Oye, said given the date of the CJN’s correspondence, the judge would have replied the CJN.

    Oye said if she can defend her action and her reply appears satisfactory,  there would be no problem and they would write the petitioner appropriately.

    “But if he is not, he can then set up a committee to investigate the allegation of the petitioner and the committee would recommend to the NJC. I believe that committee would have sat by now and taken its decision and made a recommendation to the CJN,” he said.

    Asked if that could be the reason why the judge has not given a date for judgment in the matter, he said it all depended on what the committee recommended to the CJN.

    In the originating summons, Ayeni, aside from listing four issues for determination, had prayed the court for an injunction restraining the third defendant from recognising and, or accepting the first defendant as the candidate of the PDP for Ikenne constituency in the April 26, 2011 election into Ogun State House of Assembly.

    She sought an order nullifying the certificate of return issued by the third defendant to the first defendant; an order deeming the plaintiff as the candidate of the PDP for Ikenne constituency that won the April 26, 2011 elections into the Ogun State House of Assembly, among  the nine reliefs sought from the court.

    But the first defendant, in his 24-point counter affidavit, contended that he won the primary election of the party and was duly announced as winner.

    He averred that the plaintiff voluntarily withdrew her candidacy for the April 2011 general election and that it was on that strength, which was also communicated to the second and third defendants, that the final list was released by the party, showing candidates for the election.

    He contended that the plaintiff having validly withdrawn her candidacy two months before the election could not turn around to challenge her substitution with himself.

    The second defendant, who was the secretary of the party and had good knowledge of the event, averred that it was the party that persuaded the plaintiff to withdraw her candidacy in order to increase the party’s chances of winning the election.

    He contended that the plaintiff willingly withdrew her candidature to enable the first defendant fly the party’s flag at the election since the first defendant is from Ikenne, adding, “the state chairman of our party, Chief Dayo Soremi therefore wrote a letter dated February 10, 2011 in which the party gave notice of the change of the party’s candidate from the plaintiff to the first defendant and forwarded the INEC Form CF 004-Notice of Change of Candidate duly signed by the plaintiff to the third defendant”.

    In its own counter affidavit, the third defendant admitted paragraphs 1 to four and denied all other averments of the plaintiff in her affidavit deposed to in support of the originating summons and contended that before the final list of candidates for the general election was released in Ogun State by the third defendant, the second defendant through a letter dated February 10, 2011 notified the commission that Mrs. Atinuke Ajoke (Ayeni) had voluntarily withdrawn as the party’s candidate by signing form CF.004.

    It contended that between the date the plaintiff voluntarily withdrew her candidacy and the date of election, the third defendant never received any counter letter with respect to the voluntary withdrawal of the plaintiff.

     

  • CJN, NBA President disagree on corruption in Judiciary

    THERE was a disagreement yesterday between Chief Justice of Nigeria (CJN) Justice Mahmud Mohammed and Nigerian Bar Association (NBA) President Augustine Alegeh(SAN), on who is responsible for corruption in the Judiciary.

    The CJN described the allegation that judges were taking bribes as “an unfortunate and unguarded comments”. But, Alegeh alleged that judges delivered judgments for a fee.

    The duo spoke in Abuja yesterday at the special session of the Supreme Court to mark the commencement of the 2015-2016 Legal Year and the swearing-in of Senior Advocates of Nigeria (SANs).

    The CJN said the allegation by prominent lawyers that some judges were corrupt was unfortunate.

    He said: “I regard as unfortunate the unguarded comments of some prominent members of the Bar that the Judiciary is corrupt. Such comments, coming from members of the Bar, mean that they know the identity of the corrupt judges and as such they should fish them out to be dealt with by the National Judicial Council (NJC).”

    The CJN noted that the Bench was a product of the Bar and that unless they ensured that only fit and proper persons remained in the Bar, it would be impossible to expect a different Bench.

    Justice Mohammed urged the new SANs to display utmost integrity and humility in helping the court to dispense justice.

    He said: “I advise you to display undoubted integrity and humility in the performance of your professional calling. I, therefore, call upon you to act commendably, remembering that your privilege is one of high regard and leadership.”

    On the call for the abolition of the SAN  rank, the CJN described the conferment of the rank as a privilege, conferred in accordance with Section 5 (1) of the Legal Practitioners’ Act by the Legal Practitioners’ Privileges Committee and a statutorily recognised privilege.

    The CJN urged the new members of the inner Bar to properly groom their juniors in chambers.

    He said the quality of lawyers and judges was dependent on the calibre of young  lawyers.

    Alegeh expressed worry that certain judicial officers still engaged in rendering judgments for a fee.

    He said: “Instances abound where judicial officers have resorted to standing the law on its head and making pronouncements which are at variance with the provisions of the law.

    “A few others have formed the bad habit of ignoring judicial precedents, even when such authorities are brought to their attention by counsel. This trend is quite injurious and erodes the confidence reposed in the Judiciary by the society.

    “The appointment of judicial officers, a process which was hitherto shrouded in secrecy, has been made more transparent under the present leadership of the Bench.”

    The NBA president, who commented on the refusal of Senate President Bukola Saraki  to appear before the Code of Conduct Tribunal (CCT), said: “The current face-off between the Code of Conduct Tribunal and the Federal High Court is an unnecessary distraction at this time. The constitutional hierarchy of our courts is well settled and we urge all to respect it. Let wise counsel prevail.”

    Speaking for the new SANs, Edward Kunav Shiekaa, said the new members of the Inner Bar valued their elevation.

    He pledged that the new SANs would not toy with the privilege.

    “It is our responsibility to provide good and quality leadership at the Bar, particularly to the young lawyers,” Shiekaa said.

     

  • Excitement as CJN, others defeat lawyers in friendly match

    Excitement as CJN, others defeat lawyers in friendly match

    Some senior members of the Bench and Bar cast aside the hectic practice of law at the weekend to trade their football skills in a friendly match between judges and lawyers in Abuja

    It was a rare sight to see senior justices, judges and lawyers, some of who are over 60 years, chased the round-leather, with some tripping occasionally, to the admiration of the crowd made up of justices, judges, lawyers, court officials, security personnel, among others.

    At the end of the about 30- minute match, the Bench team led by the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, who scored the second goal of the match, won with four goals to the Bar team’s one.

    The Bench team paraded “players” like Justices John Okoro (Supreme Court), Ibrahim Auta (Chief Judge of the Federal High Court), Babatude Adejumo (President, National Industrial Court) and Ishaq Bello (Chief Judge of the High Court of the Federal Capital Tarritory) and the Chief Registrar of the Supreme Court, Ahmed Saleh.

    The Bar team, led by former Predident of the Nigerian Bar Association (NBA), Wole Olanipekun (SAN), included “players” Joe Gadzama (SAN), Adeniyi Akintola (SAN) and Dele Adesina (SAN).

    The friendly match was part of the opening activities of this year’s NBA’s annual conference. To ensure that nothing went wrong, the event’s organisers provided about three ambulances, equipped with materials and men, which were stationed close to the field of play.

    At the end of the match, the CJN, who exited the field of play after scoring his only goal about 15 minutes of play, expressed delight at the objective behind the event and commended the organisers.

    He suggested that the event be organised annually to further bolster the needed cordial relationship between the Bench and the Bar.

    “That is how it should be the Bar and the Bench should complement each other in the administration of justice and legal practice which has been demonstrated today. I have gained a lot by keeping fit.

    “There is a need for unity in the profession so that Nigeria will be a better country. I enjoyed it , most of us should participate in sports, I also participated during the opening ceremony of the Hamadu Bello Stadium in 1962,” the CJN said

    Justice Adejumo, Olanipekun, Akintola and Adesina hailed those behind the initiative and suggested that the tradition be sustained.

    Justice Adejumo described the game as “fun, an exercise and a way of strengthening our togetherness, that is, between the Bar and Bench.”

    Adesina said the evet reflected the cordial relationship between the Bar and the Bench.

    “This is an exceptional period when we have the opportunity of interacting informally, because this is a regulated profession.

    “We look up to them in the court as ‘My Lords’, while we present our cases, but outside the court we have been able to show again that the Bar and the Bench are one.

    In the audience were Justices John Fabiyi, Ibrahim Muhammad, Mary Odili (of the Supreme Court), Justice Bilikisu Aliyu (of the Federal High Court), among others.