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Tag: CJN

  • Arraignment of CJN stalls judicial activities at FCT High court

    The arraignment of Justice Walter Onnoghen, Chief Justice of Nigeria (CJN) before the Code of Conduct Tribunal (CCT) over alleged infractions of the CJN’s assets declaration on Monday stalled judicial activities at the FCT High Court, Apo.

    Most courtrooms did not proceed with cases as earlier scheduled except the Governorship Election Petition Tribunal for Osun State.

    Read Also: CJN’s Trial: Onnoghen absent as CCT proceedings begin

    Justice Onnoghen is being arraigned by the Code of Conduct Bureau (CCB) following a petition on January 7, alleging non-declaration and false declaration of his assets between 2005 and 2016.

    The petition lodged by Anti-Corruption and Research-Based Data Initiative (ARBDI), drew the CCB attention to what it called serious concerns bordering on flagrant violations of the law and constitution of Nigeria by the CJN.

  • Photos: CJN’s legal team arrives CCT

    The trial of the Chief Justice of Nigeria (CJN) Walter Onnoghen for alleged corruption at the Code of Conduct Tribunal ( CCT ) is set to commence as the CJN’s legal team has arrived the tribunal’s premises.

    Onnoghen is standing trial on six-count charges bordering on alleged false assets and non-assets declaration filed against him by the Code of Conduct Bureau (CCB).

    Prosecution counsels Aliyu Umar SAN(left) Musa Ibrahim Usman and Fatima Danjuma Ali at the trial of CJN photo Abayomi Fayese
    Prosecution counsels Aliyu Umar SAN(left) Musa Ibrahim Usman and Fatima Danjuma Ali at the trial of CJN photo Abayomi Fayese
    Defence counsel to CJN Wole Olanipekun SAN(eft) Adegboyega AwomoloSAN Chris Uche SAN and other lawyers at the resumption of CJN trial at Code of Conduct Tribunal Abuja Photo Abayomi Fayese

  • How CJN can avoid arraignment, by lawyers

    Despite strenuous arguments against the competence and timing of the charge pending against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, only few options exist for the CJN to avoid his arraignment scheduled for today before the Code of Conduct Tribunal (CCT), law experts have said.

    The arraignment could only be put aside either by the intervention of the Presidency, through the Attorney-General of the Federation (AGF) or the Chairman of the CCT, who could decide to adjourn the tribunal’s proceedings to a later date, The Nation has learnt.

    The CJN, the experts noted, could also decline to attend the proceedings on which basis, the tribunal could, upon an application by the prosecution, issue an arrest warrant.

    These options, some Senior Advocates of Nigeria (SANs), who prayed for anonymity, argued only exist, despite the Appeal Court’s judgment in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), in view of the provisions of sections of the Administration of Criminal Justice Act (ACJA) 2015 and the public interest the case has attracted since information went public at the weekend about the CJN’s scheduled arraignment before the CCT today.

    They referred to the provisions of sections 107 and 396(2) of the ACJA.

    The Supreme Court has since 2016, in its decision in an appeal by the Senate President, Bukola Saraki, held among others that the ACJA is applicable to the proceedings of the CCT.

    The Court of Appeal, in its December 11, 2017 judgment in the appeal by Justice Hydiazira A. Nganjiwa, held that sections 153(1) (i) (2), 271 (1), 292(1) (a) (ii) and Paragraph 21 of Part 1 of the Third Schedule to the 1999 Constitution, must be read together to mean that any judicial officer accused of an offence must first be subjected to an investigation and a disciplinary action by the National Judicial Council (NJC) before such a judicial officer can be arraigned in court.

    Section 107(1) of the ACJA states: “In any criminal proceeding for an offence created by an Act of the National Assembly, and at any stage of the proceeding before judgment, the Attorney-General of the Federation may discontinue the proceedings either by stating in court or informing the court in writing that the Attorney-General of the Federation intends that the proceeding shall not continue, and based on the notice, the suspect shall immediately be discharged in respect of the charge or information for which the discontinuance is entered .”

    Section 395(1) & (2) provides that: “The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.

    “After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgement, provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgement.”

    Justice Onnoghen, in the lead judgment in the appeal by Saraki, a seven-man panel of the Supreme Court, led by then Justice Mahmoud Mohammed, held among others that the Administration of Criminal Justice Act 2015(ACIA) was applicable to proceedings at the CCT.

    But lawyers query the timing, competence of the charge against the CJN

    President of the Nigerian Bar Association (NBA) Paul Usoro (SAN), Sebastine Hon (SAN), Mike Ozekhome (SAN), Jiti Ogunye and Ebun-Olu Adegboruwa, argued against the planned arraignment of the CJN.

    Usoro, Ozekhome and Adegboruwa querried the competence of the charge. Hon and Ogunye disagreed with the timing in view of the approaching general elections.

    Usoro, who is facing a money laundering charge filed by the Economic and Financial Crimes Commission (EFCC), alleged that the charge against the CJN was part of efforts by agencies of the Executive arm to intimidate and subjugate the other arms of government.

    Usoro, who was part of Saraki’s legal team during the Senate President’s trial before the CCT, argued that the decision to file a charge against the CJN was a repeat of what was allegedly done by the Executive to suppress the Legislative arm.

    The NBA President added: “We still wonder why the FGN choose to deviate from the laid down and explicit provisions of the law as expounded in Nganjiwa v FRN (supra). Could it be that it was misadvised? Or is this a naked show of power and force by agencies of the FGN?

    “It is also difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government, to wit, the legislature and the judiciary, starting with the prosecution of Dr. Saraki, before the CCT and now, the ill-fated prosecution of the CJN before the same CCT.

    “The impression must not be created that the agencies of the Executive arm of the FGN are interested in destabilising and laying prostrate the other arms of the government and in the process eliminating and destroying any and all voices of dissent and checks and balances.

    “That is not desirable for the democracy that we strive to build neither is it good for the image of the Government. We urge restraint on the part of Government and demand that the CCB follow due process in proceeding against the CJN by complying with Nganjiwa’s Judgment (supra) and other similar judicial precedents.

    “This continuing attack on the justice sector must cease forthwith. FGN and its agencies must desist from debasing the rule of law,” Usoro said.

    Ozekhome argued that the President Buhari administration had been intolerant of dissenting voices.

    He noted: “From the crude break–in and invasion of judges’ houses in October 2018 by masked DSS operatives to the horrific siege laid on the National Assembly and the residences of Senate President Dr Bukola Saraki and his Deputy, Dr Ike Ekweremadu, it is clear that this government, which protects its own members, however corrupt and despicable, has blown into full maximum dictatorship, totalitarianism and absolutism. Nigerians must say no to fascism.

    “The latest onslaught is against the Chief Justice of Nigeria, Justice Walter Nkanu Onnoghen, a man of great nobility, erudition and lucidity of thought.

    “It has come to light that the government has hurriedly filed charges against Onnoghen, even with a motion (most curiously and unusually), that he should recuse himself from his Chief Justice-ship until the case filed against him is finally determined by the Code of Conduct Tribunal (CCT).

    “This is to force him out of office. First, it was a selected class of Judges, then SANs, then NASS, then Media, then NBA President, and now the entire Judiciary. Impunity now reigns supreme, strutting about proudly like a peacock,” Ozekhome said.

    Hon argued: “Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filing of those charges till an opportune time – since there is no limitation of time in criminal proceedings. Why now?

    “The Federal prosecutors are also aware of extant decisions of the Court of Appeal, to the effect that unless and until the NJC pronounces a judicial officer guilty, he cannot be arraigned in court.

    “Those authorities know full well that these decisions of the Court of Appeal have not been overruled; but they have decided to humiliate the CJN, by rushing some charges to the Tribunal and leaking same to the press over the weekend.

    “I strongly counsel the CJN not to heed the obviously unholy call that he should step aside. There is light, I am strongly persuaded, at the end of the tunnel!”

    Ogunye, who also queried the competence of the charge in view of the decision in the Nganjiwa case, added: “We support the fight against corruption in the public sector and in the Judiciary in particular. But this fight must be done in scrupulous conformity with the rule of law.

    “In the light of the foregoing, we call on the President of Nigeria to direct that the charges filed against the CJN be withdrawn forthwith for its incompetence, even as the administration continues to explore other legitimate and constitutional means to continue its fight against corrupt practices in our public life.

    “The allegations against the CJN may be grave, but justice cannot be served by resorting to patent illegalities.”

    Adegboruwa argued that the CJN cannot, by virtue of these illegal charges alone, be asked to vacate his office.

    He noted that the Senate President and his Deputy both faced their criminal trials recently and they both participated in and presided over the affairs of the Senate.

    Adegboruwa added: “Whereas no citizen is above the law to be arraigned or charged for any criminal offence, however, the CJN must be accorded his full constitutional rights as guaranteed by the Constitution.

    “In the course of this present administration, judicial officers have been on trial, legislative officers have been on trial, lawyers and many others have been on trial, for one alleged offence or the other, but no member of the Executive arm has been so tried, notwithstanding the myriad of complaints and allegations against them.

    “I therefore appeal for transparency and uniform application of standards, in the prosecution drive of the administration.

    “As we approach the 2019 general elections, I appeal for calm from all and I urge the Executive arm of government to demonstrate unlimited respect for the due process of law always, in order not to heat up the polity unduly, given the current state of affairs of our dear country,” Adegboruwa said.

  • Buhari did not ask CJN to resign, says Ojudu

    The Special Adviser to the President on Politics, Senator  Babafemi Ojudu, said last night that President Muhammadu Buhari did not ask  the Chief Justice of Nigeria, Justice Walter Onnoghen, to resign.

    Ojudu made the clarification in a comment posted on CACOL WhatsApp group.

    It was the first reaction by a government official to the controversy generated by the filing of charges against Justice Onnoghen.

    He said: “Buhari never at any time demanded CJ’s resignation. I challenge anyone who says so to cite the pronouncement, the press statement or quote any public official who made such announcement.”

    The Nation also learnt last night that the Presidency was not in support of the planned trial of Justice Onnoghen  for alleged failure to declare his assets.

    Buhari, according to well-placed Presidency sources, was shocked about the development.

    Sources said the planned trial may have been hatched by 5th columnists in the corridors of power to embarrass the Presidency and create misunderstanding between the judiciary and the FG.

    Speaking on conditions of anonymity last night official government sources explained that the only impact such an action would generate at this time is distasteful.

    “Let me tell you point blank Mr. President is not aware and was shocked at the development. It is not going to fly,” a top government official said.

    Another official said: “whatever may be the merits of the case being put against the CJN, it is not advisable at this time. So it is not about the rightness of the planned action.”

    Asked whether the trial would go ahead, the source said: “what is certain right now is that this came as a shock to the Presidency and does not enjoy approval of any kind. You can figure out the rest.”

    When contacted last night over the matter, the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, said that he had not been briefed on the matter.

    “I have not been briefed on it,” was all he said.

  • FG files charges against CJN over $3m in five accounts

    Barring a late minute change, the Chief Justice of Nigeria (CJN), Justice Walter Nkanu Onnoghen, has a date in court in Abuja tomorrow for alleged failure to declare some of his assets, including about $3million.

    Onnoghen is scheduled to be arraigned before the Code of Conduct Tribunal (CCT).

    The Federal Government has already filed a six-count charge against him in that respect.

    The $3million in said to be lodged in five accounts.

    The domiciliary and Naira accounts in the Standard Chartered Bank are coded as USD account No. 870001062650; Euro account No. 93001062686; Pound Sterling A/CNo. 285001062679; e-Saver Savings (Naira) account No. 5001062693; and a Naira A/C No. 010001062667.

    The alleged undeclared amount is put at about $3million in the evidence before the CCT.

    The charge sheet is dated January 10 and filed on January 11.

    Onnoghen will be prosecuted by the Code of Conduct Bureau (CCB) through the Attorney-General of the Federation (AGF), Mallam Abubakar Malami (SAN).

    The application to put the CJN on trial was filed by two prosecutors, Musa Ibrahim Usman and Fatima Danjuma Ali on behalf of the Attorney-General of the Federation and the Code of Conduct Bureau.

    The application reads: “Pursuant to Section 24 of the Code of Conduct Bureau and Tribunal Act, I hereby apply to the Tribunal for the commencement of trial for the offence of failure to submit all assets and liabilities contrary to Paragraphs 15(1) and (2), Code of Conduct Bureau and Tribunal Act, 11(1) of the Fifth Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and punishable under paragraph 18(1) and (2) of same constitution against Honourable Mr. Justice Walter S. Nkanu Onnoghen( GCON).

    “In support of this application, I attach herewith four copies of the charge, affidavit and summary of evidence consisting of a list of witnesses.

    “If the application is granted, we shall be relying on the facts disclosed in the summary of evidence and further evidence the tribunal may consider necessary at the trial.

    “I attach herewith four copies of the charge against the accused.”

    In an affidavit in support of the application by an investigator with the Code of Conduct Bureau (CCB), Mr. James Akpala said “it is in the public interest to charge the CJN.”

    He said: “I know as a fact that the Head Office of the Bureau received a petition alleging that the CJN failed to declare his assets according to the law.

    “I know as a fact that the defendant did not comply  with the provisions  of the Code of Conduct for public officers in that he failed to declare his assets after his elevation to the Supreme Court and immediately after taking oath of office in the year 2005 and he failed to declare his five Standard Chartered Bank accounts in his two forms CCB1 leveled 2014 and 2016 respectively.

    “The investigation had been concluded and it is in the public interest to charge the defendant. That all witnesses are ready and available to testify. That prosecution is ready to commence trial.

    “At the trial, the complainant will rely on the testimony of the witnesses set down in the list attached hereto and tender all relevant documents in proof of the case.”

     

    The allegations against the CJN are as follows:

    “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer serving as a Judicial Officer in the Federal Republic of Nigeria as a Justice of the Supreme Court failed to declare and submit a written declaration of all your assets and liabilities within the prescribed period of three months after being sworn in as the Justice of the Supreme Court of Nigeria on the 8th day of June 2005 and you thereby contravened the provisions of Section 15(1) of the Coded of Conduct Bureau and Tribunal Act Cap C15 Laws of the Federation of Nigeria( LFN) 2004 and punishable under Section 23(2) a, b, c, of the same Act.

    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (US dollar) account No. 870001062650 maintained with Standard Chartered Bank(Nig.) Limited Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act
    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (Euro) account No. 93001062686 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary(Pound Sterling) account No. 285001062679 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act
    • “That you, Justice Walter Nkanu Onnoghen between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare an e-Saver Savings (Naira) account No. 5001062693 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely failed to declare assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) a Naira Account No. 010001062667 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.

  • Onnoghen:  PDP, Atiku, Secondus slam Buhari

    The opposition Peoples Democratic Party (PDP), its national chairman Prince Uche Secondus and presidential candidate, Alhaji Atiku Abubakar, have condemned moves by the Presidency to prosecute the Chief Justice of Nigeria, Justice Walter Onnoghen.

    Media reports on Saturday indicated that Justice Onnoghen will on Monday, be arraigned at the Code of Conduct Tribunal for asset declaration infractions.

    But in a statement by its spokesman, Kola Ologbondiyan, the PDP accused the Buhari Presidency of plotting to destabilise and annex the Judiciary ahead of the 2019 general elections.

    The party also alerted that the ruling All Progressives Congress (APC) and a cabal at the Presidency were hounding Justice Onnoghen.

    The plot, according to the PDP, was to get the CJN removed so as to cause a constitutional crisis, instill fear in judicial officers and pave the way for the foisting of a pliable CJN that will do their bidding on electoral matters.

    The PDP said: “This is particularly following allegations that the APC seeks a new CJN that will aid its rigging schemes as well as execute the plot to use the court to detain and put opposition members and outspoken members of Civil Society Organizations out of circulation during the general elections.

    READ ALSO:Breaking: FG charges CJN with non-declaration of asset

    “This development is a clear recipe for anarchy and a huge crisis that is capable of fracturing our justice system and derail our democracy as it portends a prelude to a total clamp down on institutions of democracy and rule of law in our country.

    “The PDP therefore urges all Nigerians, the United Nations and all international bodies to unite in the defence of our democracy, especially at this very critical time in our political development”.

    Secondus accused the ruling party of attempts to destroy the nation’s judiciary, barely 30 days to the general election, adding it’s a desperate move to manipulate and thwart the will of Nigerians.

    Addressing a mammoth crowd of party supporters at a rally in Jos, Plateau State on Saturday, Secondus said the APC is afraid of an independent judiciary because of its agenda to rig the elections.

    The party chair stated Nigerians were ready and determined to throw the APC out of power, adding that no amount of threats and harassment will deter the people from effecting what he called inevitable change.

    Atiku warned the President and his party against throwing the country into an avoidable crisis over their desperation to sack Justice Onnoghen.

    In a statement in Abuja by his Special Assistant on Public Communication, Mr. Phrank Shaibu, the PDP presidential candidate said the principle of separation of powers must be respected.

    Atiku described the plot to sack the CJN as a preemptive move against the Bench, in the face of imminent defeat and knowing the role that the judiciary plays in the final outcome of elections.

    The statement reads: “We have just been made aware of the plot by President Buhari and the APC to sack Justice Walter Samuel Nkanu Onnoghen using flimsy assets declaration issues as a pretext.

    “We are aware that there are plans to arraign Justice Onnoghen before the Justice Danladi Yakubu Umar led- Code of Conduct Tribunal on Monday, January, 14, 2019.

    “The  charge against Onnoghen, we understand has already been filed and served on him last Friday at his official residence in Abuja preparatory to his appearance at the Tribunal.

    ”But we warn that despite the clandestine meetings in the highest echelon of the APC and also involving some top officials of the federal government which include the Code of Conduct Tribunal, neither Buhari nor the APC can re-write the Nigerian Constitution just because of its impending defeat at the February 16, presidential election.

    “Heavens did not fall when PDP lost to the APC in 2015.  And heavens will not fall now that the APC is sure to lose to the PDP, seeing that the APC’s plan to rig in the forthcoming elections will not pull through”.

    Atiku identified M. Dennis Aghanya who authored the petition against the CJN as the National Publicity Secretary of President Buhari’s defunct political party, the Congress for Progressive Change (CPC).

    Aghanya filed the petition in his capacity as the Executive Secretary of the Anti-Corruption and Research Based Data Initiative (ARDI).

    Atiku promised President Buhari and the APC an epic constitutional battle, the consequences of which can only be imagined should they succeed in the plot to remove the CJN

    He called on Nigerians to resist the current move to silence the judiciary, saying Nigeria’s democracy and not the judiciary is on trial.

     

     

     

     

  • Breaking: FG charges CJN with non-declaration of asset

    The Federal Government, through the Code of Conduct Bureau (CCB), has charged the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen with non-declaration of assets.
    In a six-count charge filed earlier this week by officials of the CCB at the Code of Conduct Tribunal (CCT) in Abuja, Onnoghen was accused of failing to declare some assets allegedly traced to him, as required by law.
    CCT’s spokesman, Ibraheem Al-Hassan, who confirmed the existence of the charge, said the tribunal has scheduled January 14 for arraignment.
    Al-Hassan said the fixing of the date of arraignment was informed by an application filed on January 11 this year, by the CCB, seeking that the case be set down for hearing.
    He said a copy of the charge has been served on the CJN as required. He was silent on when the silent on when service was effected.
    Al-Hassan said, in a statement: “The Code of Conduct Tribunal has scheduled Monday, 14th of January for the commencement of trial in the charge the against current Chief Justice of Nigeria, Hon Justce Onnoghen Nkanu Walter Samuel for alleged non declaration of asset.
    “This was consequent upon an application filed by the Code of Conduct Bureau to the CCT Chairman yesterday (January 11) for the trial to commence against the Chief Justice of Nigeria on six count charges. However, service of summons has been effected on the dependant.
    “The application was filed yesterday by the operatives of CCB, dated 11th January, 2019 and signed by Musa Ibrahim Usman (Esq) and Fatima Danjuma Ali (Esq), containing six counts charges, all bordering on non-declaration of asset.
    “The three-man panel, led by Justice Danladi Y. Umar, will commence the trial on Monday, 14th January, 2019 at the CCT courtroom, situated at the headquarters, along Jabi Dakibiyu, Saloman Lar way, Abuja, at about 10:00am.”

  • CJN urges judges to be courageous, firm

    CHIEF Justice of Nigeria (CJN) Justice Walter Onnoghen has urged judges to always be courageous and firm in taking decisions in the course of their official responsibilities.

    Onnoghen warned that the future of the country and its democracy were at risk where judges fail to take “very hard decisions”, when they are required to do so.

    The CJN hailed President Muhammadu Buhari’s exhibition of rare courage in consenting to the elevation of Justice Uwani Musa Abba-Aji to the Supreme Court from the Court of Appeal.

    Onnoghen spoke in Abuja yesterday while swearing in Justice Abba-Aji as a new Justice of the Supreme Court.

    Justice  Abda-Aji, who was until her elevation, the Presiding Justice, Court of Appeal,  Kaduna Division, spent 14 years in the court.

    She now raises the number of women at the Supreme Court Bench to four. Others are Justices Mary Odili, Kudirat Kekere-Ekun and Amina Augie.

    Onnoghen’s commendation of Buhari’s exhibition of courage is not unconnected with the controversy generated by the decision of the National Judicial Council (NJC) to nominate Justice Abba-Aji for elevation.

    Justice Abba-Aji was among some judges, who the NJC suspended in the wake of the pre-dawn raid on some judges’ houses in late 2016 by security operatives.

     

     

     

     

  • CJN warns judges against issuance of ‘reckless remand orders’

    •Onnoghen urges magistrates to visit prisons, police cells

    CHIEF Justice of Nigeria Justice Walter Nkanu Onnoghen has directed judges against issuance of remand orders in cases where police lack concrete evidence to sustain criminal allegations or where the court does not have the requisite jurisdiction to entertain the matter.

    Justice Onnoghen, who gave the directive yesterday at the opening of the 2018 All Nigerian Judges’ Conference of the lower courts at the National Judicial Institute (NJI) in Abuja, urged them to pay frequent visits to police stations within their jurisdictions to check on detainees in cells.

    He said detainees with no prima facie case against them or who have been unduly detained without bail should be assessed on a first hand basis.

    The CJN said: “Reckless remand orders must not be issued by your courts, where it appears that the police lack evidence to prosecute a criminal matter or your courts do not possess the requisite jurisdiction to entertain such matter.”

    Justice Onnoghen also decried the level of prisons’ congestion, describing it as a “national embarrassment”.

    He added: “The numerous and sometimes needless remand orders issued by magistrates are a major factor responsible for the congestion of our prisons.

    “I must emphasise at this forum the need for Heads of Courts, in synergy with the various Attorneys-General of states, to pay frequent visits to prison facilities within their jurisdictions in a bid to assess the situation on a first hand basis.”

    On full financial independence for state judiciaries, the CJN said: “The funding of the judiciary is crucial as the most important index for assessing its independence.

    “It is clear that the litmus test to determine how free and democratic any nation is would be to take a cursory look at its judiciary to find out, if the executive is prepared to obey the principle of Separation of Powers.

    “The judiciary is a vital partner in governance. The complete and real independence of the judiciary is thus a reflection of the nation and of freedom.”

    He maintained that the independence of the judiciary could only be sustained and guaranteed when there is no interference by the other arms of government in the discharge of its constitutional duties.

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    NJI Administrator Justice R. P. I. Bozimo, in her welcome address, said the conference was a stocktaking event for judges of the lower courts from all over the country to converge and reflect upon the activities of the judiciary and to cross fertilise ideas on the way forward.

    The biennial event with the theme: “Improving the quality of justice administration in the lower court”, according to Bozimo, was timely, considering the role the lower courts play in the legal system.

    She noted that the judiciary can only grow, if it embarks on reforms to uphold and protect the rights of the citizens.

    Justice Bozimo added: “The theme of this year’s conference is sacrosanct as the judiciary is and has always been the fulcrum of good governance in any country.

    “As such, the judiciary has a major role to play in upholding constitutional democracy to ensure that justice is not only done but is seen to be done in order to accomplish the goal of enhancing our democracy.

    “The theme of this year’s conference, therefore, is timely, considering the role which your category of courts plays in our legal system.”

  • Senate panel parleys CJN over bills rejected by Buhari

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

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

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

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

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

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

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

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

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

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

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

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

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