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Tag: Judge

  • Kidnappers free Kogi High Court judge

    Suspected kidnappers on Sunday freed the abducted Kogi State High Court Judge, Justice Samuel Obayomi.

    A reliable source told our correspondent that the High Court judge who was kidnapped about a month ago while on his way to the Ebogogo High Court in Adavi Local Government Area, where he presides, was freed early Sunday morning.

    Though his Kidnappers had demanded N150 million for his release, it could however not be confirmed if any ransom was paid before he regained freedom.

    On the day of his abduction, the police orderly attached to him, Cpl. Usman Musa was shot dead by the kidnappers.

    The Kogi State Police Public Relations Officer, ‘Sola Collins Adebayo confirmed that the judge had regained his freedom.

  • Judge or politician?

    The sheer oddity of it all made it go viral:  a sitting judge calling for the impeachment of a sitting governor!  This was one example of new media giving an old media principle a fillip.

    Move over, the classic news oddity of a man biting a dog.  Take a bow, the neo-classic oddity of a serving jurist calling for a governor’s sack! And extant journalism teachers, take note.

    Justice Oloyede Folahanmi, reportedly a serving judge in the State of Osun,  just did a 30-page petition, reportedly to the Osun House of Assembly, calling for the impeachment of Governor Rauf Aregbesola and his Deputy, Grace Laoye-Tomori, in accordance with sections 128 and 129 of the 1999 Constitution.

    Justice Folahanmi also reportedly copied the Economic and Financial Crimes Commission (EFCC), United Nations Office of Drugs and Crime, Amnesty International (AI), Transparency International (TI) and reportedly “others”, calling for the investigation of those he claimed were responsible for the “deliberate mismanagement of the economy of Osun State.”

    Now, is Mrs Folahanmi a judge or a politician?

    First, is the oddity of a judge on a state Bench turning activist to politically terminate the tenure of an elected governor — probably unprecedented in Nigerian history, as troubled as it is.  Besides, this jars against the culture of professional reticence, which is the hallmark of the judiciary; not to talk of the rigid separation of power doctrine, the rigour of checks-and-balances, on which the presidential system is anchored.

    Then, the list of the agencies the judge copied in her petition.  EFCC — understandable, for its forte is investigating sleaze in the public space.  But UN, AI and TI?  Do Their Lordships too, by training, inclination and professional conduct, play to the gallery, no matter how just their cause?  Besides, how does the judge measure as a disturbing portrait of the Judiciary as meddlesome interloper, as her core constituency would, without hesitation, say?

    Hardball would really like to read Justice Folahanmi’s petition, because the reportage of the quotes from it is a bit fuzzy and confusing.  Samplers:

    “I declare that in addition to the media-hype [media-hype: if so, why are people being owed salary for months?], I have firsthand experience which constitutes evidence of the unfortunate situation in which Osun currently finds herself [so, experience which is aggregated opinion, now qualifies as hard evidence?]

    “Neglecting the welfare of members of the community under the guise of wanting to provide infrastructure, run contrary to the teaching of Christ, the son of God, Jesus of Nazareth …” Now what is this — Law, politics or theology?

    “Mr. Governor and his deputy are assiduously working against it [ideals of social order], as exemplified by the cruel, and harsh debasement of pensioners and civil servants by DELIBERATELY and MALICIOUSLY (capitalisation Hardball’s) withholding their salaries for months, in an attempt to browbeat, subjugate to take away their God-given free will, and reduce them to mindless robots …”

    Really — and does His Lordship have concrete evidence for these assertions?  Besides, is this a judge speaking with forensic evidence or some market folk just mouthing wild allegations?

    And the clincher: “Their action … is as illegal as it is immoral and unconscionable … There is therefore no legal or moral basis for their continued stay in office. “  Now, what is the judge’s forte: morality or legality?

    Well, the appropriate authorities should probe Mrs Folahanmi’s allegations.  But so should the National Judicial Commission (NJC), the judge’s disgraceful conduct of exposing the Osun Judiciary to politics and possible odium.

    All lovers of democratic institution-building should decry Mrs Folahanmi’s reckless intervention.  If NJC does not post-haste call her to order,  the Osun Judiciary would soon be swamped in politics — of the most reckless hue.  That would be well and truly tragic.

  • Aba lawyers honour Judge

    Aba lawyers honour Judge

    former Administrative Judge of Aba Judicial Division and two-time acting Chief Judge of Abia State, the late Justice Ijeoma Offonry, has been honoured by members of the Nigerian Bar Association (NBA).

    The lawyers, at a cocktail party praised Justice Offonry’s contributions to the law profession and administration of justice.

    The judge, who served 17 years as a jurist, has since been buried in Umuodo community in Obingwa Local Government Area of Abia State.

    The cocktail and posthumous award, which took place on the premises of Terminus Hotels, was attended by many dignitaries.

    Emotional speeches were made at the event which also featured refreshments and the handing over of the award plaque to the late judge’s representative.

    Speakers recalled Offonry’s firmness, sound sense of judgment, humility, understanding and other virtues for which she was noted and admired by her contemporaries and other lawyers.

    From the foremost Attorney-General of Abia State, Theo Nkire to the incumbent chairman of the NBA, Aba, Chidozie Ogunji, there was no amount of encomium that would be enough to describe the personality of the erudite jurist and a woman of her class.

    Nkire said: “Usually, I find it very difficult to speak about Hon. Justice Ijeoma Offonry because I knew her long before she became a judge, maybe long before she went to study law. Many people know her as my sister. You never can tell what life can bring as you grow up. But one thing is certain, that there will always be a day for judgment not as we give here on earth, but as the Lord gives.  I am sure she is gone to rest. There is no doubt that a lot of the sleepless nights that she spent here may have paid off as she is now at rest.

    “I would pray that she may continue to enjoy her rest but the lesson for us who live; those of us who are alive as lawyers and judges, the lesson we should learn is that we must endeavour to live the kind of life that she lived. Let each one of us strive to work hard at whatever we lay our hands on, whether as judges, as lawyers or labourers in other fields.

    “I thank the Aba Bar for remembering my sister, Ijeoma. We will always love her like the Bar says. I believe that even at our 70th anniversary, Aba will remember Ijeoma. I pray that the good Lord will grant her eternal rest.”

    Ichie Goddy Akunani, former chairman of Aba Bar Association said: “I said the other day that most of the branches of the Bar in this country that are generating publicity are not as old as Aba. They have not done the things that we have done here. Today, we are honouring our own that has gone to the great beyond. Hon. Justice Ijeoma Offonry, by every standard, was an upright judge. I have seen judges since 1985. We have been in practice, we haven’t gone anywhere outside practicing law and knowing the politics within the Bar, and we have seen them all.

    I practised before Hon. Offonry until she departed this sinful world. She was an upright judge and there is no encomium the Bar can pay this lady that will be enough, not just because she was upright, she was dutiful.

    “I have persistently heard about her biological look… I don’t think that we will talk about it all today. It never stopped her in doing her duties. She will come, do her duties even at a point when others were not exhibiting sufficient courage in terms of experte orders, particularly on issues of fundamental human rights. We remember her today for her sense of justice and fearlessness and her taking the things that she sees in this world with equanimity despite all the politics whirling around. Hon. Justice Ijeoma Offonry never allowed those things to deter her. The Bar remembers her today; we have remembered her before and will always continue to remember her. That is the least we owe her memory”.

    Justice C.C. Adiele described her as a dutiful and performing Judge.

    “She was exemplary in conduct and discharge of her duties. We were looking forward to a day she was to be confirmed the Chief Judge of the state which the injustice in the system denied her.” He blamed the Abia State House of Assembly as was constituted then for such an injustice meted out on Offonry.

    “For the first time, I have never seen a recommendation from the National Judicial Commission (NJC) being turned down. She was performing and discharging her duties very well and when it came to appointment confirmation as the Chief Judge of the state, it was denied. I am happy that she has gone on appeal; she has gone above all of us. She will be there when all of us will be judged because we are still at a pedestrian level. One day, every person will answer questions on the roles he or she played while on earth. I am not in a position to pass the judgment, but I know that whatever you sow, you will reap.

    “I know and can vouch that she was a quintessential lady of a Judge and as a gentleman in a skirt, did her work very well. May her gentle soul rest in peace.”

    An Aba-based lawyer who has been practising since 1981 in Aba Judicial Division, Chibuike Nwokeukwu said: “What the executive of the Bar has planned for this lady (Offonry) today is commendable. Offonry was part of us. She was just a judge and later became the Administrative Audge of Aba Judicial Division. While she was alive, Aba Bar was behind her aspiration to become the Chief Judge of Abia State, but unfortunately that couldn’t happen until she died.

    “So, what we are doing for her tonight is in recognition of her services to Nigeria, Abia State and Aba Judicial Division in particular. We celebrated her in her lifetime and we also celebrated her in death. When she was alive and a judge in Aba, a number of occasions in our dinners, she was honoured for a good job as a judge. Now that she is no more, we still remember her and we still celebrate her with a posthumous award.

    “Offonry was a very honest judge. She was never corrupt; everybody would testify to that. She was equally a very hardworking person.”

    The lessons I learnt from her life are that it pays to be honest. It pays to work hard. Offonry’s case made me believe that no matter how hard you work, whatever God says would be would be. I do not think that God destined Offonry to be a Chief Judge, otherwise she merited it, but the powers that be didn’t want her to be and she never was.”

    Chairman of NBA Aba branch, Chidozie Ogunji said: “We decided to honour her even as she is late is because she was too good to Aba NBA. Not only that she was good, she was also an upright judge, incorruptible, so humane that she would always teach the younger lawyers and would never allow the elderly ones to bully them and she has a listening ear; when you come with an application before her court, she will look at it on the merit, she was just a good and ideal judge. So, we are holding this in her honour. We had some good judges, but she was an exceptional and rare one.

    You could recall that after appointing her the chief judge, the (Abia State) House of Assembly refused to confirm her appointment which brought us at loggerhead with the state government and before the process of her swearing-in could be completed, unfortunately she died. For us, she is dear to our heart”.

    According to Ogunji, “We are going to have a lecture this year in her honour. We are also going to give her a posthumous award this evening. They are part of the things that we have laid out to honour her contribution to the growth of the Bar”.

    On her relationship with the Bar, he said, she was good. “I learnt humility and understanding. She was quite humble. She was very tolerant. I urge the judges to be more tolerant, more humane, understanding and to really understand that they are judges.”

    Speaking after receiving the posthumous award on behalf of the Offonry‘s family, Ogechi Ogbonna, cousin to the late Offonry and an Abuja-based lawyer, thanked the Bar for remembering his aunt.

    Ogbonna described the award as recognition of hard work, a challenge to rededicate themselves to the things that are good and promote excellence, adding that the late Justice loved God and human beings, was a strict but firm person that exercises discretion in the things she believed in and never looked back while doing such.

    He said it was a challenge for lawyers and judges to dedicate themselves to hard work in pursuit of excellence, stating that hard work will always pay.

    “The cloud may appear to have been overshadowed, but behind the frowning providence, there is light. On behalf of the Offonry and Enyeazu’s family, we are indeed most grateful and as we stay here, we are wishing everyone fulfilment in all they do. We are most grateful.

    Highlight of the event was the presentation and handing over of the posthumous award to Mr. Ogbonna which was performed by Hon. Justice Onyeabor on behalf of the Aba branch of the NBA.

  • Buhari: It’s harsh to judge me by the past

    Buhari: It’s harsh to judge me by the past

    Former Head of State and presidential candidate of All Progressives Congress (APC) General Muhammadu Buhari fielded questions from the CNN International Correspondent, Christiane Amanpour, on his vision, insecurity in the Northeast, polls shift and other issues. Excerpts:

    What is your reaction to the delay in the elections by six weeks, and President Goodluck Jonathan’s promise that the military will make inroad in the area of security of the Northeast in six weeks?

    My reaction is that of disappointment because the presentation made by the Independent National Electoral Commission (INEC) was that they were ready to conduct the election on the dates they fixed a year ago, and for them to be forced virtually by the military, which said that they cannot guarantee the safety of INEC staff, which made the commission to concede to the demand of additional six weeks. But, since six weeks is within the time stipulated by the constitution, we had to advise our supporters to remain calm, resolute and obey the law.

    You are a former military General, and you ruled the country briefly. Why is it that the Nigerian military today cannot take on Boko Haram and has failed to combat that terrorist organisation?

    The issue was made much clear when the National Assembly attempted to conduct a hearing after soldiers granted interviews to foreign media about being sent to the fronts without proper weapons. The National Assembly attempted to conduct a hearing by  inviting all the Service Chiefs to come and explain why weapons were not procured and sent to the soldiers under competent leadership. But, the hearing was scuttled. This shows misapplication or misappropriation of resources provided by the government. It also explains why the Nigerian military has been unable to defeat Boko Haram.

    You recently got a huge endorsement from a former ally of President Jonathan; former President Olusegun Obasanjo. How do you react to that and what will that do to your campaign?

    It will certainly bring more supporters to us and more confidence again to us and those who were sitting on the fence before now because General Obasanjo is highly respected and as far as the Nigerian nation is concern, there is no serious issue that can be discussed without people seeking for his opinion and listening to it.

    The headlines around the world are that the Nigerian presidential election is a contest between a failed president and former dictator, and you are the former dictator. Some people say that you expelled 700,000 migrants years back, thinking that it would create jobs; that you banned political meetings and free speech; that you detained thousands of people; set up secret tribunals; executed people for crimes that were not capital offences. Have you changed or are these what the Nigerian people should look forward to if you win the election?

    All those things you mentioned with a degree of accuracy were what actually happened, but they were under a military administration. When the military under my leadership came on board, we suspended those aspects of the constitution that we felt would make it difficult for us to operate under the circumstance we found ourselves. But, I think I would be judged harshly as an individual by what happened during that military administration, or to extend what happened under a military administration to a democratic system.

    Now that you say that you are a democrat, what do you think you can do to combat Boko Haram and the galloping corruption in your country?

    We know how Boko Haram started. Certainly, the Nigerian military has built a reputation for effectiveness, but it is a great embarrassment to the country that the military has not been able to secure Nigeria’s territory, losing 14 out of 774 local governments. I believe that it will not be difficult for an APC government to deal with Boko Haram because we know that the Nigerian military is competent. What we will do is to make sure the funds voted for equipment and training are properly utilized.

    On corruption, there are complains by many people in your country over massive corruption. Can you face up against that? Are you committed to rooting out corruption?

    We have to because there are serious citizens of our country who said that “unless Nigeria kills corruption, corruption will kill Nigeria.” And this was best illustrated by the hearings conducted by the National Assembly on the pension fund, power sector and petroleum industry, on which the country depends on for about 90 per cent of its external revenue. The National Assembly conducted the hearings here in Abuja and the six geo-political zones of the country. They sent their recommendation to the executive,  but it has been there collecting dust in the last 18 months.

  • Father’s will tears apart doctor, High Court Judge

    Children of the late monarch of Umuoji community in Idemili North Local Government Area of Anambra State, Igwe Michael Nweze, are fighting over his property.

    It was gathered that since three years after their father’s death, there have been accusations and counter accusations between the two brothers, who are highly placed in the society, over the content of their father’s will.

    Operatives of the Police Special Fraud Unit (PSFU), Alagbon, Lagos, who are investigating the matter, are disturbed as it appears that one of the sons of the late monarch is allegedly frustrating investigation using the judiciary.

    The late Igwe Nweze’s eldest son, Dr. Michael Chukwuemeka Nweze, a United States-based paediatrician, alleged that his younger brother, Justice Joseph Ifeanyi Nweze of Anambra State Judiciary and his sister, Mrs. B.O. Mbamalu (Nee Nweze), have doctored their father’s will to deny him of his entitlement.

    Dr. Nweze also alleged that his siblings forged his signature in order to pass a board resolution removing him as a director in their late father’s two companies, stating that his name was substituted with that of his brother’s wife.

    The alleged fake documents were served to the Onitsha branch of a new generation bank, which changed the signatories.

    Investigation also revealed that the companies’ original certificate of incorporation with the Corporate Affairs Commission (CAC) still has the name of Dr M.C. Nweze as a member of the board.

    It was gathered that detectives from the PSFU invited Justice Nweze for interrogation. The documents that manifested through the purported board resolutions were said to have been investigated forensically and were discovered not to be original copies.

    A source said: “The doctor was away in the U.S. when all these documents were forged with the aim of taking over everything their father left. The same documents were used by the Judge to take over the companies’ accounts and to open and operate new ones.”

    Police investigation revealed that when all efforts by the investigating officers to amicably settle the matter between the brothers failed, a retired Supreme Court Justice and a prominent Onitsha physician, who are friends of the family decided to intervene.

    A peace meeting was held at the Onitsha GRA residence of the Justice. However, after hearing from the two parties, they directed that a new manager be appointed to administer the companies, pending when the letters of administration of the estate would be ready.

    It is instructive to state that our correspondent had obtained a letter of indemnity from Dr. Michael Chukwuemeka Nweze on the matter.

    It was gathered that the estate management firm of J. Okoro and Associates were appointed to manage the companies, even as documents were signed to this effect.

    However, two months after taking up the job of managing the estate, Okoro demanded an up-to-date account of all funds received, but he was not obliged. Rather, it was alleged that the firm was accused of fraudulently taking over the estate.

    A lawsuit against the firm at the behest of Justice Nweze was dismissed. But prior to its dismissal, Justice Nweze allegedly took back the management of the estate.

    Police sources said: “Arrest warrant was executed three years ago on Justice Nweze and his sister. They were questioned and released on their personal recognition. At that time, the parties agreed to a forensic audit of the companies. A letter to that effect was said to have been written to the Institute of Chartered Accountants of Nigeria (ICAN) which assigned the case to the accounting firm of Sola Oyetayo.

    “It commenced work but stopped when Justice Nweze allegedly refused to agree to use the estate fund to pay him. Justice Nweze allegedly complained about digging up evidence against him and dared the anti-fraud unit to meet him in court.

    Since then, several frivolous lawsuits have been initiated to intimidate his elder brother, Dr. Nweze, who is the head of the family and to distract the police.”

    When Justice Nweze did not pick calls from our correspondent for comments on the matter, a text message was sent to him.

    Reacting to the allegations, Justice Nweze, through his lawyer, A.O. Emodi Esq. in a text message entitled “False and sponsored allegations by Michael Chukwuemeka Nweze”, said: “We have seen your SMS which suggests an intention to further libel and interfere with court proceedings. We assume that Dr M.C. Nweze also brought to your notice the fact that there is a claim for one billion Naira damages against him for libel and false allegation in a suit no 0/306/2013 at the High Court, Onitsha.

    “There is an application in suit No 0/493M/2011 against him for instigating the police by the same false allegations. There is also a suit No FHC/AWK/CS/48/2014 at the Federal High Court Awka, to direct the police to charge him for giving them information which they found to be false.

    “We must not fail to observe that we do not understand your interest or that of your public in any private disagreement between brothers. It may easily be understood as part of a sponsored campaign against our client which you want to capitalise on to increase the sale and circulation of your newspaper for which our client may seek legal redress.

    “You are advised before proceeding on that course to demand a letter of indemnity from Dr Michael Chukwuemeka Nweze. That is if you are not already aware of the above facts, but decide to proceed because of the financial benefits to you no matter whose ox is gored.”

    Spokesperson for the PSFU Friday Archibong, a Superintendent of Police (SP), confirmed they are investigating the matter.

    One of the investigating officers said Justice Nweze was using lawsuit to try to stop and intimidate police investigators to hands-off the case. But “we are not deterred by these,” he said, adding that even the Chief Judge of Anambra State had been notified of the matter through an official letter.

  • Fashola okays Atilade as chief judge

    LAGOS State Governor Babatunde Fashola (SAN) has approved the appointment of Justice Oluwafunmilayo Olajumoke Atilade as the new Chief Judge.

    The Attorney General and Commissioner for Justice, Mr. Ade Ipaye, in a statement yesterday, said the appointment was sequel to an approval by the House of Assembly.

    Justice Atilade succeeds her sister, Justice Ayotunde Phillips, who bowed out as Chief Judge on July 26, 2014, having attained the statutory age of 65 years.

    Ipaye said the new chief judge would be sworn in tomorrow at a ceremony scheduled to hold at Adeyemi Bero Auditorium, Alausa, Ikeja at 2.30p.m.

    Justice Atilade will become the 15th Chief Judge of Lagos State and the fifth woman to occupy the post.

    Her female predecessors in office include Justice Rosaline Omotosho, who occupied the office between 1995 and 1996. She was followed by Ibitola Sotiminu, who was there between 2001 and 2004.

    Justice Inimidun Akande followed in 2009 and retired on June 10, 2012, while the immediate Chief Judge, Justice Ayotunde Phillips, the fourth female to occupy the office, took over as the 14th Chief Judge in June 14, 2012 and formally retired last Saturday.

    The new appointee was born in London, England on September 24, 1952.

    She attended Ladi-Lak Institute, Yaba and Anglican Girls Grammar School, Surulere between 1965 and 1969 and Queens College between 1970 and 1971.

    She proceeded to the University of Lagos in 1972 and passed out in 1975, after obtaining a degree in law.

    She passed out of the Nigerian Law School in 1976.

    She was a State Counsel, Federal Ministry of Justice between 1977 and 1979; Principal Legal Officer, Nigerian Ports Authority 1979 to 1981; Lagos State Judiciary as a Senior Magistrate Grade 1,  1981 to 1996 and was appointed a judge of the High Court on July 19, 1996.

    She became the Head Judge of the state judiciary in June, 2012, a position that was formerly occupied by Justice Phillips, before her elevation to the position of the chief judge.

    She is a member of the International Federation of Women Lawyers (FIDA), International Bar Association (IBA) and Ikoyi Club 1938.

    Her hobbies include travelling, aerobics and music.

    She has three children.

     

  • Judge remands 20 suspected vandals in prison

    Judge remands 20 suspected vandals in prison

    Justice Okon Abang of the Lagos Federal High Court has ordered that 20 suspected pipeline vandals be remanded in prison over the Arepo, Ogun State shootout last May.

    His order followed the arraignment of the accused by operatives of the Inspector-General of Police (IGP) Task Force on Anti-Pipeline Vandalism.

    The accused, comprising two women and 18 men, were arraigned on a 12-count charge of killing seven policemen in the encounter that led to an explosion at the Nigerian National Petroleum Corporation (NNPC) pipeline.

    They are: Felix Yayu, Ijoufaya Legbe, Yakubu Ebiwei, Augustine Ebiwei, Tamara Dembofa, Owei Atile, Agbara Tiewei, Rufus Godwin, Tierry Koiyetin, Ebis Sobijoh, and Ibori Lawrence.

    Others are: Eberebu Ibori, Atinuke Odewale, Fatai Bolaji Ishola, Ahmed Bashoru, Odewale Waheed, Susan Vianana, Tuesday Filatei, Yeiyah Yello and Ismail Abdullahi.

    On May 24, The Nation reported that there was a shootout between some suspected vandals and policemen attached to the Special Task Force, leading to an explosion and disappearance of nine policemen.

    The missing policemen are Inspectors: Kolawole Oguntihemen, Raymond Oriere, Usman Mohammed, Tijani Jimoh, and Corporals Elogbamen Timothy, Yakubu Aliyu, Usman Abdukarim and Dauda Mohammed.

    The charge reads:  ”That you, Felix Yayu, 20 others and some others at large on May 24, 2014 at about 9am, at Arepo area, near Ikorodu, Lagos State in Lagos Judicial Divisions, did conspire among yourselves to commit felony to wit; tampering with oil pipeline and thereby committed an offence punishable under Section 3(6) of the Miscellaneous Offences Act CAP M17 of the Federation.”

    The sixth count reads: “That you, Felix Yayu, 20 others and others still at large on May 24, 2014 at about 9am at Arepo area near Lagos in the Lagos Judicial Division of this Honorable Court did unlawfully kill one Inspector Raymond Oriere by shooting him with a pump-action gun and thereby committed an offence punishable under Section 319 of the Criminal Code Cap C38 Laws of the Federation 2004.”

    The prosecution led by Matthew Omosu, a Deputy Superintendent of Police (DSP), said the offence is punishable under the criminal code, noting that the accused pleaded not guilty.

    Justice Abang promised a speedy trial because of the nature of the case. The female accused were remanded in Kirikiri Maximum Prison; the men were taken to Ikoyi Prison. He adjourned the case till August 19 and 20 for trial.

    A team of investigators led by Xpress Omogui, DSP from the Force Headquarters, Abuja witnessed the proceedings.

  • Will: Judge okays transfer of case file

    Justice Olajumoke Emeya of a Lagos High Court, Ikeja has ordered the defendants in a suit contesting the Will of the late Madam Isabella K. Akinhanmi, to apply for the transfer of the case file and exhibits to the Court of Appeal.

    The judge gave the order  after quashing an earlier application filed by the defendants, seeking to stay execution of a court’s ruling on the matter.

    The defendants in the suit are Akinhanmi, representative of the family of the late Pa Joshua Akinhanmi family; the Probate Registrar; administratotrs of the estate of Pa Akinhanmi;  Incorpotarted  trustees of the First Anglican Mission and the  Adninistrator general of Lagos state.

    The claimants, John Babatunde Alani Soluade and Funmilayo Akinbayo (nee Joaquim) had approached the court, by an amended general form of writ of summons and  an amended statement of claim dated March 30, 2010 seeking a court declaration that the Will of late madam Akinhanmi dated July 9, 1984 and prepared by Abiola A. Oshodi be regarded as her last Will and testament and for the court to recognise them and three others as beneficiaries of the estate of the deceased, in particular, the property at 174 and 186 Murtala Muhammed Way, Ebute Metta.

    They had also sought a perpetual injunction restraining the first and third defendants as administrator de son tort their agents, caretakers, privies, successors in title or assigns or whatsoever from collecting rents, annuity, royalty or any form of revenue whatsoever from or ejecting tenants or managing, controlling or interfering in any form or manner with the management of the Ebute Metta property or constituting themselves as beneficiaries of the deceased estate among other prayers.

    In her ruling on March 7, Justice Emeya not only granted the claimants prayers, but also awarded N25,000 costs against the defendants.

    She had also ruled that the first defendant has no title or interest whatsoever to the estate of the deceased at 174 and 186, Murtala Muhammed Way, Ebute Metta and to render account of management of the two properties to the Administrator General of Lagos State pending probate.

    At the resumed hearing of the matter, counsel to the first defendant, Rotimi Omolesi sought to withdraw  the application for stay of execution of the ruling pointing out that it has been overtaken by events.

    Omolesi said his client has entered into appeal and that the court can no longer entertain the matter in view of the development.

    He, therefore, appealed that the case file and all related evidences and exhibits be transferred to the Court of Appeal in line with Order 4 Rule 10 and 11 of the Court of Appeal Rule.

    Counsel to the claimants  O. O. Adeleke objected to the request and insisted that  they were in court to argue against the application for stay of execution of the ruling of the court filed by the defendants.

    She said the fact that an appeal had been entered into by the defendants should not lead to stay of execution of the ruling of the court.

    Adeleke said they were not aware of the decision of the defendants appealing the ruling of the court and insisted on cost if the court was no longer going to hear the application for stay of its ruling.

    She argued that the defendants had enough time to inform the claimants of its intention but failed to do so.

    But Omolesi countered her and said that their application was filed within record time and that two adjournments the matter suffered after it was filed was not at their instance but that of the court.

    Justice Emeya over ruled the claimants request for cost and stated that the request for transfer of the case file to Court of Appeal can not be made through oral application on the floor of the court.

    The trial judge agreed with the defendants on their right to appeal but directed their counsel to file a formal application for the transfer of the case file, evidences and exhibits for proper documentation.

     

     

  • EFCC ‘probing N2b in judge’s account’

    EFCC ‘probing N2b in judge’s account’

    The Economic and Financial Crimes Commission (EFCC) has explained its on-going investigation of retired Justice Gladys Olotu formerly of the Federal High Court, Abuja and two other judges of the court.

    The EFCC said it was investigating the three judges over allegation that they were involved in unethical conduct, including maintaining various bank accounts and investment interests in business while still in public service. One of the other two judges serves in Abuja. The other is in the Lagos Division.

    The commission said its investigation was upon a petition by a group, Civil Society Network Against Corruption (CSNAC), in which Justice Olotu was also accused of maintaining an offshore account with First Bank (United Kingdom) and was alleged worth over N2billion in cash and investments.

    These formed part of averments contained in a counter-affidavit dated April 1, 2014 filed by the EFCC in reaction to a fundamental rights enforcement suit instituted against it and 17 others by Justice Olotu before the Federal High Court, Abuja.

    Justice Olotu, who was retired earlier this year by President Goodluck Jonathan for “gross misconduct and upon the recommendation by the National Judicial Council (NJC)”, sued after she was invited by the EFCC in the course of its investigation.

    The commission denied allegation by the retired judge that it was being instigated by the NJC and other defendants in the case. It also denied abusing Justice Olotu’s fundamental human rights, as alleged, and stated that it was within its statutory powers to investigate and prosecute economic and financial crimes.

    An EFCC official, Habufari Yahaya, who deposed to the affidavit, said “in the course of investigation, certain issues arose for further clarifications, which had to do with documents and the applicant (Justice Olotu) therefore requested for time to bring them and she was obliged”.

    The EFCC stated that Justice Olotu is, by her suit, seeking “the protection of the courts from investigation”. It argued that the retired judge cannot “use the instruments of the law to shield herself from being investigated.”

    It prayed the court to dismiss the suit as it relates to it (EFCC) with cost, on the ground that it was “unmeritorious and speculative”.

    Justice Olotu is seeking, among others, to restrain the EFCC, the Independent Corrupt Practices and other related offences Commission (ICPC), the State Security Service (SSS), the police and the Code of Conduct Bureau (CCB) from further inviting or quizzing her.

    She averred, in a supporting affidavit, that the NJC and the Attorney General of the Federation (AGF), Mohammed Adoke (SAN), were instigating the various security agencies against her for daring to challenge her compulsory retirement in a separate suit.

    She stated that upon the service of processes (in relation to her earlier suit challenging her compulsory retirement) on them, the AGF and, NJC “very unfortunately felt and indeed expressed anger against me”.

    Justice Olotu also stated that “in fulfillment of these threats, the 7th and 8th respondents (AGF and NJC) ganged up with the 9th to the 18th respondents against me, and I was subsequently invited by the 1st respondent (EFCC) to its office on March 18, 2014.

    The 9th to 18th respondents include the former Chief Justice of Nigeria (CJN), Justice Salifu Alfa Belgore and Chief Gabriel Igbinedion – the Esama of Benin and father of former Edo State governor, Lucky Igbinedion.

    Others are companies. They include Ponticell Nigeria Limited, Stolt Offshore Services S. A., the Vessel M. V. Theo, the owners of the Vessel M. V. Theo, Elf Petroleum Nigeria Limited, A.B.C. Maritime AG, the Vessel M.V.Lara and the Vessel M.V.Krysia.

    Justice Olotu stated that in honouring the invitation by the EFCC, she arrived its office at about 10am on March 18, 2014 and was subsequently “arrested, interrogated and detained until about 4pm before I was released to go with instructions to come back on April 1, 2014 for another round of humiliation and detention”.

    She insisted that her invitation by the EFCC “was orchestrated by the AGF and the NJC along with the named 10 others.

    “I felt highly humiliated, tortured, heartbroken by the way and manner the officers of the 1st respondent ridiculed me in the name of interrogation,” she stated.

    Justice Olotu averred that after her experience with the EFCC, officers of the ICPC, SSS, the police and the Code of Conduct Bureau were now on her trail, making it difficult for her to move freely and to freely and safely stay in her residence.

    “My residence has now turned a rendezvous for all manner of security agents in Nigeria for the single reason that I filed Exhibit A (the suit against her retirement) and have refused to discontinue it,” she added.

    She seeks, among others, an order directing all the respondents to tender a written apology to her; an order awarding N5billion as exemplary damages against the respondents and in her favour and a perpetual injunction restraining the respondent, from further arresting, detaining and humiliating her.

    NJC, in its counter affidavit, denied being behind the retired judge’s experience in the hands of the EFCC. It described Justice Olotu’s allegations as falsehood.

    “The 8th respondent (NJC) did not at any time instigate the 1st – 5th respondents (EFCC, ICPC, SSS, police and CCB) or any security agency to investigate the applicant (Olotu) in respect of any wrongdoing.

    “The 8th respondent did not feel or express any anger against the applicant for filing Exhibit A and has not threatened to set the machineries of the 1st to 5th respondents in motion against the applicant,” an official of the NJC, Khadijat Hassan, stated in the affidavit.

    NJC has urged the court for an order directing Justice Olotu to attend court for cross-examination to substantiate the allegation contained in the affidavit she personally deposed to in support of the motion for enforcement of fundamental right dated March 24, 2014.

    NJC’s lawyer, Philips Jimoh-Lasisi (SAN), noted in the application dated May 2, 2014, in view of the nature of Justice Olotu’s allegation against his client, “it is necessary for an order to be made directing the deponent (Olotu) to attend court for cross-examination”.

    He relied on Order 27 Rule 1 of the Federal High Court (Civil Procedure) Rules 2009 and contended that since Justice Olotu deposed to the affidavit supporting the main suit, the court could make an order directing her to attend court for cross-examination.

  • A ‘true Bar man and judge’ bows out

    A ‘true Bar man and judge’ bows out

    A valedictory court session was held at the Lagos State High Court for retired Justice Adesuyi Olateru-Olagbegi, who served as Nigerian Bar Association (NBA) General Secretary and Chairman, NBA Lagos Branch before his appointment to the Bench. JOSEPH JIBUEZE reports.

    Should the retirement age of High Court judges be extended from 65 to 70? Yes, says the Body of Senior Advocates of Nigeria (SANs). It made the call at a valedictory court session held in honour of Justice Adesuyi Olateru-Olagbeji, who retired from the Lagos State judiciary on April 24.

    While Supreme Court justices retire at 70, High Court judges bow out at 65. This, to the SANs, is not fair. Besides, state courts lose judges with valuable experience acquired over the years at a time they could still be useful.

    Speaking for the senior lawyers, Mr Ebun Sofunde said the constitution should be amended to enable state judges serve till they are at least, 70. He does not see why there should be different retirement ages for judges and justices.

    “They (High Court judges) should be there (on the bench) for much longer. Supreme Court judges stay till 70, so I don’t know why there should be a difference,” he said.

    Sofunde said although Olateru-Olagbegi is still strong at 65, he would have no further business in the court as he cannot practise again as a lawyer. “He cannot by law appear in court,” he said.

    The SAN said judges retire at 70 in England, adding that it should be the same in Nigeria. “l advocate that the retiring age of High Court judges be reviewed,” he said.

    Chief Judge of Lagos, Justice Ayotunde Phillips, who will also retire this year, described Olateru-Olagbegi as “a fine gentleman.”

    “He has done well. He served the judiciary for a memorable 13 years and we thank God that he is leaving in good and sound physical health,” she said.

    Justice Phillips urged Olateru-Olagbegi to remain active. “Please do not go into hibernation,” she said, adding: “We’ll tap into his experience from time to time.”

    Lagos Attorney-General and Commissioner for Justice Mr Ade Ipaye said the task of dispensing justice does not rest with judges alone: lawyers and litigants, he said, must do their part to ensure that justice is not delayed.

    He praised the retired judge for “caring for the improvement of the justice system,” adding the “our nation needs upright judges.”

    NBA Lagos Branch chairman, Mr Alex Muoka said he was distressed when Olateru-Olagbegi “abandoned the Bar for the Bench.” “I felt the Bar has lost one of its role models,” he said.

    His Ikeja Branch counterpart, Onyekachi Ubani said while all judges deliver judgments, not all of them deliver justice.

    “All those who sit on the Bench are judges, but not all become benchmarks,” he said, describing Olateru-Olagbegi as a man of “robust competence and robust sagacity.”

    Ikorodu Branch Chairman Sahid Shillings said not only is the retired judge a distinguished leader of the Bar, he represents one of the finest members of the Bench.

    Olateru-Olagbegi urged the NBA to intervene and deal decisively with “a tiny percentage of lawyers whose conduct bring the profession into disrepute”.

    The former judge said the rules of procedure must be strictly and courageously applied by judges to discourage tardiness, indolence, delay tactics and abuse of court process by unscrupulous lawyers.

    He urged appellate courts to support the trial courts in the strict application of the rules. “In Nigeria, the constitutional provisions of fair hearing are held up as magic wands by dilatory parties to excuse all forms of indolent conduct. This should be discouraged.

    “With the Bench and the Bar working together in partnership, the rule of law will be sustained and justice will reign in the land. So help us God.”

    Olateru-Olagbegi is the son of the late Olowo of Owo, Sir James Titus Olateru-Olagbegi. He studied law at the University of London, graduating in 1976, and was called to Bar in 1977.

    He served as NBA Financial Secretary when the late Alao Aka-Bashorun was President. He was elected General-Secretary in 1991 and later served as Lagos Branch chairman from 1999-2001. He had 24 years post-call experience before his appointment as a judge on May 24, 2001.

    “I am happy to say that under the NBA Constitution, having once served the Bar as a National General Secretary (who was not removed from office), I am thereby a life member of the NBA National Executive Committee.  I look forward to resuming my seat there,” Olateru-Olagbegi said.