Tag: Judge

  • Baraje’s suit against Tukur re-assigned to another judge

    Baraje’s suit against Tukur re-assigned to another judge

    A  suit filed by Alhaji Kawu Baraje’s faction of the Peoples Democratic Party (PDP) seeking to stop Alhaji Bamanga Tukur from parading himself as the national chairman, has been transferred to another judge.

    The Chief Judge of Lagos State, Justice Ayotunde Phillips, has assigned the matter to a new judge, Justice Oludotun Adefowope-Okojie.

    The change in judges followed the withdrawal of the former judge, Justice Ganiyu Safari, who was a vacation judge.

    Although all parties were present at the resumed trial yesterday, the suit failed to proceed as scheduled because the case file had been returned to the Office of the Chief Judge.

    Justice Safari was handling the matter as a vacation judge when the Lagos judiciary was on vacation, which lasted two months.

    At the last hearing, the Alhaji Baraje faction failed to convince the court to order the police to reopen its Abuja national secretariat, which was sealed off.

    Counsel to the Baraje faction, Mr. Robert Emukpaero, made an oral application in which he prayed the court to order the reopening of the new PDP secretariat in Abuja shut by the police two weeks ago.

    Ruling on the matter, the judge ordered the claimants to file a different application joining the Inspector General of Police (IGP) as a defendant.

    Emukpaeruo also accused the defendants of allegedly violating the court’s previous order to maintain the status quo pending the determination of the suit.

    He urged the court to order the police to remove their armoured personnel carriers from the secretariat and allow his clients access to their offices.

    But defence counsel Ajibola Oluyede urged the court to dismiss the claimant’s claim as a “mere say” and that which cannot be relied upon by the court.

    Oluyede argued that the claimant did not file any affidavit and documentary evidence to support his claims that his clients are behind the closing of their secretariat.

    Oluyede also argued that the claimants, having admitted that their office was closed by the police, should not assume that the police were carrying out the orders of the defendant.

    “The Nigeria Police is a statutory organisation that has discretionary powers that cannot be usurped by anyone, not even the court”, he said.

    He said it is only the police that can respond to the application of the claimants.

    Justice Safari held that there was no evidence linking the defendants to the closure of the Baraje-led PDP secretariat.

    The judge said while the defendants were high-ranking members of the PDP, they had no power to order the police to seal off the secretariat or deploy security agents

    in the area.

    He, however, reiterated his previous order that both parties should maintain the status quo pending the determination of the matter.

    The new judge to be assigned the case file is expected to fix a new date for the trial of the matter.

    Baraje and four others sued the Tukur-led PDP, asking the court to restrain the embattled chairman and his co-defendants from parading themselves as PDP NEC members.

    Other claimants are Dr. Sam Jaja and Prince Olagunsoye Oyinlola.

    Joined as defendants with Tukur are Mr. Uche Secondus, Deputy National Chairman; Dr. Kema Chikwe, Women Leader and Mr. Olisa Metuh, National Publicity Secretary.

     

  • Judge decries abuse of arrest

    A judge of the Federal High Court, Lagos, Justice Mohammed Yinusa, yesterday criticised the police for abusing their powers to arrest and detain suspects.

    He noted that instead of the police carrying out their duties with “care”, they “cage” those they are supposed to protect.

    “The police must carry out their duties with care. They are not meant to harass, intimidate and cage the innocent citizens they are meant to protect,” the judge said.

    Justice Yinusa made the remarks in a verdict he delivered in a fundamental rights suit filed by a businessman, Manasseh Obadiah Zorto, against the Inspector-General of Police (IGP); the Commissioner of Police, Special Fraud Unit (SFU); the former Defence Minister, Gen. Theophilus Danjuma, and other police officers.

    Until August 28, last year, the applicant was the executive director of Tita-Kuru Petrochemicals Limited, owned by Danjuma.

    He was accused of misappropriating the company’s fund and was subsequently arrested.

    “The respondents refused to follow the laid-down procedure. They acted rashly and impetuously. Non-compliance with the law makes the steps taken by the respondents unconstitutional, null and void,” the judge held.

     

     

     

     

     

     

     

  • NJC asks Abia Chief Judge to vacate office

    •Accused of falsifying age
    •Recommends appointment of CJs in FCT, states

    The National Judicial Council (NJC) has recommended the compulsory retirement of the Chief Judge of Abia State, Justice Shadrack O.E. Nwanosike.

    The NJC said the recommendation followed its finding that Justice Nwanosike “falsified his date of birth, which invariably affected his retirement age.”

    The council recommended to President Goodluck Jonathan and some governors, the appointment of chief judges in some states, including Delta, Jigawa, Katsina and the Federal Capital Territory (FCT).

    This formed part of the council’s decision at its 63rd meeting held on July 17 and 18.

    The NJC also reviewed the performance of some judges and resolved to invite some with unimpressive performance to explain why disciplinary action should not be taken against them.

    NJC’s Acting Director, Information, Soji Oye, in a statement, said the council, after its meeting, constituted a five-man committee, comprising its members to invite judges with “very low performance or non-performance”, to appear before it to show why they should not be removed from office.

    Also recommended by the NJC to the Executive for appointment include President, Customary Court of Appeal, Taraba State; two Kadis for the Sharia Court of Appeal, Kebbi State and two Kadis for the Sharia Court of Appeal, Sokoto State.

    The NJC also recommended the appointment of a judge for the Customary Court of Appeal, Delta State and two Judges for the Customary Court of Appeal, Ebonyi State.

     

  • Amaechi’s suspension: Judge withdraws from suit

    Amaechi’s suspension: Judge withdraws from suit

    THERE was a twist yesterday in the suit by the Governor Rotimi Amaechi of Rivers State in which he is challenging his suspension by the ruling peoples’ Democratic Party (PDP).

    The suit could not go on.

    Reason: Justice Emmanuel Ogbuji of the State High Court, who was billed to hear the matter in Port Harcourt, the state capital, had withdrawn from it and returned the case file to the Chief Judge of the State for reassignment.

    Amaechi’s suspension was announced early last month by the National Working Committee (NWC) of the PDP for alleged anti-party activities – a development that prompted the governor approach the court for redress.

    He is asking the court to vacate the action.

    PDP’s counsel Donald DENwigwe (SAN) filed a counter motion challenging the jurisdiction of the state court in dealing with the matter.

    The lawyer insisted that the aspect of jurisdiction in the matter should be decided before any other issue.

    At the last sitting, Justice Ogbuji assumed jurisdiction to determine whether or not he has full jurisdiction on the matter and fixed yesterday to hear the motion on jurisdiction.

    But when the court resumed sitting yesterday, the matter was neither listed on the court’s cause list nor discussed in the open court.

    None of the lawyers representing the parties was sighted in the court. The court premises were also devoid of the crowd of supporters that usually grace such sessions.

    The Nation learnt that the case had already been reassigned to Justice Adolphus Enebeli and that the parties are now waiting for hearing notices.

    Shortly after the court assumed jurisdiction in the case last month, one of the appellant counsels, Emenike Ebete said the judge acted in accordance with the law.

    He said: “The court assumed temporary jurisdiction to hear the motion challenging its powers to deal with the entire application”.

     

     

     

    “If a judge is faced with a case in which his jurisdiction is being challenged, the law says that the Judge should first assume jurisdiction to determine whether or not he has jurisdiction. If it is discovered at the end that he has no jurisdiction he should back out of the matter.”

    DENwigwe told reporters after the last sitting: “Amaechi is saying that the party suspended him, and he is saying that the party should be restrained.

    “At this stage, we cannot decide whether or not the party will be restrained. We are saying that the court has no jurisdiction to deal with the matter on the grounds we stated out in our motion papers and I told the court that until that is decided we cannot deal any other matter, so the matter is adjourned to deal with those matters.

    “So, the court has not decided anything one way or the other, but he is saying that nothing should be done to affect his rights pending the hearing of the processes before the court which will now see whether the court has jurisdiction to hear the mater in the first instance or not.”

    Adebayo Adelodun (SAN) and lead counsel to Amaechi said: “By the ruling, the suspension that had been handed over to our client should not be given any effect until the court decides the legality or otherwise of such suspension in the first instance.

    “That means no further steps should be taken and he should not be denied any of his rights as member of PDP in consequence of that purported suspension.”

     

  • Detained bus driver’s dad to judge: have mercy on us

    There was a drama at a Lagos High Court, Igbosere, yesterday.

    The scene was created when the father of a commercial bus driver, Quadri Kasali, who has been denied bail since March 5 last year for allegedly attempting to kill a Lagos judge, Justice Adeniyi Adebajo, prostrated before Justice Christopher Balogun, pleading for mercy.

    Aderemi Kasali, who said he has been coming to court from Abuja, where he works as a driver, threw himself on the floor, begging the judge, who ordered his orderly to take the old man out.

    The man, who lamented outside the courtroom, said: “I have been coming to court since last year from Abuja. My son, Quadri, has been in detention. I come from Abuja where I work as a driver and each time I travel to Lagos, I borrow money. I am begging Justice Balogun and Justice Adebajo to forgive us. They should have mercy on my son and let us go. We do not have power and we don’t know anybody. They should just have mercy on us.”

    Balogun at the last hearing dismissed a bail application filed on behalf of the defendant, but assured an accelerated hearing on the case and adjourned for the commencement of trial.

    Although counsel to the defendant, Oludare Falana, at the resumed hearing urged the court for an adjournment on the grounds that he has filed an application seeking the dismissal of the charge against Kasali, as well as the fact that the prove of evidence from the prosecution has just been served on him and he needed to study it, Justice Balogun rejected the prayer and stood the matter down for 15 minutes to enable the defence study the proof of evidence.

    After 15 minutes, Adamson called out the first witness and the Personal Assistant (PA) to Adebajo, Adedayo Akinseye, to give evidence.

    Led in evidence, Akinseye told the court that he did not see when the defendant hit the judge but only heard people shouting “he has killed him.”

    He said he was in the car with Justice Adebajo and the driver on their way to Falomo, and on getting to Moloney Street, a commercial bus blocked the road.

    “I told the bus driver that he was causing traffic jam, but he asked me if he should fly.

    “Justice Adebajo then alighted from the Ford Everest Sport Utility Vehicle (SUV) and told us to meet him in front. He went through the back and minutes later I heard people shouting, ‘he has killed him’.

    “I jumped out of the car and saw the commercial bus speeding off. I ran after him but came back to the scene of the incident and helped Justice Adebajo back to the car.

    “We drove to the General Hospital on Lagos Island, where we were directed to see a radiologist for an X-ray. The result showed that Justice Adebajo’s left hand had been fractured and dislocated.

    “It was in the hospital that the commercial bus driver came to plead and he was about to be beaten up when Justice Adebajo ordered that he should not be beaten,” he said.

     

     

     

     

  • Lawyers to Jonathan: let Nigerians judge

    Lawyers to Jonathan: let Nigerians judge

    In his mid-term report presented last week, President Goodluck Jonathan gave his administration a pass mark.“We have done well,” he said. But some lawyers disagree, saying the administration must buckle up to meet the people’s expectations in the remaining two years of its tenure. Adebisi Onanuga reports.

    HOW has the Jonathan administration fared in the past two years? It has done well, says President Goodluck Jonathan in his mid-term report to mark the Democracy Day last Wednesday. Some lawyers disagree with this verdict, urging the administration to do more to better the people’s lot in its remaining time in office. For the President, the Democracy Day was an auspicious time to give an account of his administration. He told a gathering at the International Conference Centre, Abuja that his administration had performed “excellently” in the last two years.

    Jonathan launched a document on the performance of his administration at the ceremony. At the event, were former Head of State Gen. Yakubu Gowon; Second Republic President Shehu Shagari and former Head of Interim National Government Chief Ernest Shonekan, among others.

    Jonathan said: “Today, we are marking the end of the first 24 months, which is our mid-term review and my duty is to formally present a document that all Nigerians will be able to read and assess us.”

    He said the gathering was the perfect platform to formally present the document to all Nigerians on the activities of government in the past two years.

    “I plead with all of us, especially those who want to assess and write about it, to develop criteria because without a marking scheme, you cannot mark any student’s paper. Two years of a government, this is what we have done; develop your marking scheme and score us”, he said.

    Three officials gave a glimpse of what the report card looks like. They are Secretary to the Government of the Federation (SGF) Anyim Pius Anyim; Minister of Finance Dr. Ngozi Okonjo-Iweala and Minister of National Planning, Dr Shamsudeen Usman, who gave the government a pass mark.

    Mrs. Okonjo-Iweala said remarkable progress had been made in the economy. According to her,Nigeria’s economy was strong and growing, and that foreign reserve is $50 billion, up from $32.08 billion in May 2011. She said due to the level of foreign reserve, foreign exchange had remained stable in the past two years. Nigeria’s Gross Domestic Product (GDP) is one of the fastest growing in the world. The GDP growth in 2013 is expected to be at 6.5 per cent (NBS) or 7.2 per cent (IMF).

    Inflation rate, she said, has slowed down to 9.1 per cent per cent from 12.4 per cent in May 2011. She said the focus of the government was to complete ongoing projects. Stressing the determination of the government to reduce the country’s debt, she said the government had begun retiring existing debts.

    “We want to keep our debts at a very manageable level.”

    The minister said the cost of government was reducing due to a policy to lower recurrent expenditure and complete unfinished capital projects. Recurrent expenditure dropped from 74.4 per cent of total budget in 2011 to 68.7 per cent in 2013 while annual borrowing has reduced from N852 billion in 2011 to N588 billion this year.

    On expenditure, Dr Okonjo-Iweala said Integrated Payroll and Personnel Information System (IPPIS) have resulted in N118.9 billion savings on the payroll cost, and that 58 per cent of the budget was being executed through the introduction of the Government Integrated Financial Management and Information System (GIFMIS). Through the Treasury Single Account (TSA), she said the government’s overdrawn position has dropped from N102 billion in 2011 to N19 billion in 2012.

    To prevent corruption in the various pension schemes, she said: “All the pension schemes are now coming under one roof to check abuses.”

    On the Subsidy Re-Investment and Empowerment Programme (SURE-P), she said last years, the Federal Government got N180 billion, states – N154 billion and local governments – N76 billion for various projects. Speaking on investment climate, the Finance minister said  Nigeria had become the highest destination for investment in view of the improvement in the  power sector, adding that the on-going privatisation would boost the power sector.

    Usman, who gave an overview of the Transformation Agenda of the government, said: “Mr. President is actually setting a record in Nigeria. He is raising the bar.”

    According to him, about eight of the 14 key objectives set by the administration in 2011 have been achieved by the government.

    Anyim said the government should not only be assessed by the physical infrasructure in place now but that there are many intangible achievements that have been recorded in the past two years.

    To Anyim, there have been stability and no interference with the legislature. He pointed out that the Independent National Electoral Commission (INEC) has been receiving more funds towards procuring electoral materials, like permanent voters’ cards, among other things.

    “We have recorded some progress, but a lot is yet to be achieved,” he said.

    Much as the ministers spoke glowingly about the achievements of the administration of Goodluck Jonathnan, many Nigerians and lawyers have a contrary view of his administration, especially against the background of the unending killing of innocent Nigerians by the Islamic sect, Boko Haram, high level corruption, the increasing rate of kidnappings and armed robberies, the reckless spending in government, all which appeared to have defied solution.

    They also believe that determining whether a government had done well in office is better left to the people.

    Speaking at the opening of the first Jigawa State Economic and Investment Summit at the Sir Ahmadu Bello Hall in Dutse, former President Olusegun Obasanjo said  leadership was another cankerworm facing the country.

    “You know you can help somebody to get the job, but you cannot help him to do it. If somebody cannot do the job, we have Sule Lamido who we are confident can do the job,” he told a crowd of would-be investors, dignitaries and ordinary folks.

    He described  the Boko Haram insurgency and the growing unemployment as a time bomb waiting to explode. Obasanjo said the government should have approached the Boko Haram insurgency the way he (Obasanjo) handled Odi (Bayelsa State) and Zaki Biam (Benue State) communities when he was the president.

    Lagos lawyer Bamidele Aturu said the government had not lived up to the expectations of Nigerians.

    His words:“People must understand that democracy is for us to stand up and demand what is right. This mid-term report that Jonathan has given is his own idea of setting the exam and giving himself marks.

    “It is only a very funny student that would set exams for himself and give himself marks. To even give a mid-term report today is a sign of unseriousness from the Federal Government, you don’t mark yourself, let the people asses you. When you begin to asses yourself, then there is a fundamental problem.

    “I am not saying this for Jonathan alone; I say it for all the leaders, even down to the local governments. Our leaders have failed us. My take on this is this: If you say you have achieved and Nigerians are not seeing your achievements who are you achieving for? This is a made up achievement, there is no doubt there are no achievements here. If he says he will shock us with his achievements we cannot be shocked again. What I want to say is this; our leaders have failed us, not just the President but leadership at all level. There is no development,” he added.

    A lawyer, Ikechukwu Ikeji, said there could be no better marking scheme for performance than what one sees. Performance indicators or indices do not exist on the pages of a book or in the mouth of the person being assessed.

    “Let’s take electricity, corruption, education, manufacturing, roads, to mention a few, as marking scheme. What existed before the present administration came to power and what exists now? Do we have a substantially improved electricity supply? The answer is no. We hear that they are struggling to achieve a meagre 10,000 megawatts by December 2014. What a shame, when South Africa has a reserve of more than 135,000 megawatts. Why can’t they work out a structured plan of getting the cities lit one after the other, for example, give Lagos, Port Harcourt and Abuja 24 hours supply, them move to other cities one after the other.

    “Are we winning the fight against corruption? The answer is an emphatic  no. In point of fact, there is presently no war against corruption, which has become institutionalised in Nigeria. What happened to the Ribadu report on petroleum income? Are our industries growing? The obvious answer is no. What has happened to the different steel industries? The only area of manufacturing that seems to have some level of relative sanity appears to be the cement industry with the Dangotes, the Lafarges and the Ibetos calling the shots. How about our refineries? They are moribund. What about our roads? We hear so much noise about plans to open up the rail lines but these exist more on paper than on geound. Opening up working rail lines will greatly boost the economy. Railway towns have historically been known as centres of development.”

    Ikeji went on: “Of what use is government policy if the ordinary man on the street does not feel the impart, if it does not help in putting food on the table or providing employment or profitable business environment? he asked

    Ikeji said what Jonathan presented surely do not measure up as dividends of democracy.

    “In terms of doing well, I would say that the present state of emergency going on in three states is a plus. But beyond that, security challenges still remain a real threat”.

    He said the government has continued to deceive the masses “and we are all suffering and smiling and the beat goes on. The few who find themselves in government become massively rich and mediocrity becomes a virtue while excellence is thrown aboard… Corruption remains endemic, it remains the rule rather than the exception. Culture of impunity thrives in the land while the poor citizens behold their leaders in overwhelming affluence”, he said.

    To him, the President is just going through the motions like other past leaders without really impacting on the Nigerian situation and so the status quo remains and the problems mount.

    As a way out, Ikeji suggested that the fight against corruption must take the front seat in all government activities. We should aim at building strong institutions and not strong personalities. If the President is not ready to step on toes, especially those of powerful interests, we should forget about redemption. We will continue to decay as a society, he noted.

    Constitutional lawyer Ike Ofuokwu described the mid-term report as an economic abracadabra, that is: the more you look the less you see. The only thing glowing in the report is the audience and the language of the report. Any report that does not translate into putting food on the table of Nigerians is only worth the piece of paper on which it was written, he said.

    “We want to see escalating issues of unemployment and insecurity addressed. We want to see all the billions expended on thepower sector translate into lights beyond Aso Rock. Nigerians want electricity in their homes and not lamps. We want the issues of decaying infrastructures particularly Federal roads properly addressed. We want to see a mid term report that de-emphasises swagger of Government Officials and highlights on their role as servants out to serve the people. We want a Government that will see to quality delivery of our  health services instead of expending public funds in treating headaches overseas.

    “Honestly, I sympathise with this administration because from what is on ground the next two years portrays a situation of hopelessness. The only meaningful expectation from them is a ‘do or die affair’ for 2015 election since all the permutations and activities in Government swings only towards that course,” Ofoukwu said.

    Former Publicity Secretary, NBA Ikeja Branch, Samson Omodara, said: “There is virtually nothing to showcase other than weak governance that has permeated the entire national life accentuated by corruption and insecurity that is threatening our corporate existence.”

    Managing Partner of TC Akanwa and Co., Mr Theophilus Akanwa, said: “What more do you expect from a politician than to blow his trumpet himself even when he knows within himself that he has done nothing, despite the huge financial resources at his beck and call.

    “This administration has performed below expectation of the good people Nigeria. What is mid term report that tends to portray excellence in a paper work without physical realities?” he asked.

    “The reality on ground is that corruption is not been fought. There is no security hence bokoharam, kidnapping of people even relations of those in the same govt. Imagine a Supreme Court justice’s wife and relatives being kidnapped. It is a shame!

    “Cost of running business is so high because there is no electricity. We only hear of the drop of megawatts despite d huge resources. The roads are still death traps. Unemployment is on the rise and criminality springs up. Hunger is on the land. Nigerians are suffering.

    “Let this government allow Nigerian masses to assess them by what we can see and not to venture into paper works”, he said.

    Abuja based lawyer, Dr. Ahmed Sanusi remarked that one could be tempted to think that not much has been achieved under this administration in the last two years. This is so, when viewed on the scale of general insecurity in the land, growing unemployment, rising poverty level, poor infrastructure, among others.

    He believes that the government has done well in upholding rule of law and human rights and dignity.

    “People are no longer being killed unnecessarily by state agents because they share opposing views or are seen as threat to government in any form. You can remember what it was under Abacha and Obasanjo. The murder of Bola Ige and others have not been resolved till date. People are also not being arrested and detained arbitrarily for no just cause”, he said.

    Sanusi noted that there is less interference in judicial proceedings, unlike what obtained under Obasanjo, where court decisions were subjected to Executive interpretation.   In this instance, the Supreme Court decision in the case between the Lagos and the Federal Government over the withholding of the state’s local government allocation comes to mind.  There also the Obasanjo government’s reluctance in obeying court judgment on the voiding of the impeachment of Ladoja as Oyo state governor.

    He argued that to an extent, there is less federal government’s interference in electoral process. We have seen instances where the ruling PDP has lost election and the Federal Government did not make effort to influence it.

    “So, in those areas, the government could be given a pass mark. But there is a lot to be done, particularly in the areas of power, security, employment, provision of social amenities, among others.

    It is my hope that the government should be more tolerance of criticism, indulge in less of politics and focus more of delivering on its electoral promises in the next two years”, he advised.

    ANPP National Financial Secretary, Alhaja Fatima Muhammed said that she does not know what is giving President Jonathan the confidence that he has performed in the last two years.

    According to her, “things have gotten worse compared to when Jonathan got into power. I am not saying that he should be impeached, all I know is that by 2015, the country will be singing another song of victory. The PDP government has ruled for 14 years without improvement in the lives of the people. Nigerians are not enjoying the dividends of democracy.”

     

  • APGA crisis: Judge adjourns till May 13

    The Federal High Court in Awka, Anambra State, yesterday witnessed another stormy session when the National Chairman of the All Progressives Grand Alliance (APGA), Victor Umeh, brought an application seeking to be joined as a party in the suit filed by Charles Nwazojie.

    Justice M.T Salihu adjourned the matter till May 15.

    Umeh sought to be joined for himself and on behalf of the elected members of the ward, local governments and state executive committees of the party against the Independent National Electoral Commission (INEC), Inspector General of Police and Anambra State Commissioner of Police.

    But Chidi Obieze, the counsel for the factional chairman, Maxi Okwu and the factional state chairman Egwuoyibo Okoye, filed a motion challenging the jurisdiction of the court in handling the matter.

    Nwazojie went to court to stop the recognition of Okwu, Okoye and others elected during the purported congress of the party held in Awka by a faction of the party.

    At the resumed hearing, Justice Salihu took arguments on the issue pending interlocutory applications of joinder, jurisdiction and legal representation for APGA.

    Umeh‘s counsel P.I.N Ikwueto (SAN) argued that his application should be heard first in the interest of fair hearing for his client.

    He said the outcome of the case would affect his client.

    But Obieze, who argued that his application be heard first, said it was trite in law that an application dealing with jurisdiction should be given priority.

    Also speaking on behalf of Umeh’s APGA, Kingsley Awuka, who claimed he was briefed by Umeh, said his application was very important and urgent as there was need for APGA to have a proper representation.

     

  • Nobel and how not to judge Achebe

    In one of the most poignant ironies of global literary history, the creator of Things Fall Apart, doubtless the most famous African novelist, died without the Nobel Prize for Literature, undeniably the world’s grandest literary decoration. Long after Chinua Achebe’s death on March 21 at age 82, it is likely to remain a puzzle to many how it happened that the prestigious award eluded him. However, Achebe’s loss again prompts age-long questions about aesthetic objectivity and the determination of artistic value. He lived long enough and his oeuvre was sufficiently broad, which led many to argue that the Swedish Academy, custodians of the yearly Nobel Prize, not only had adequate time but also available body of work to have reached a favourable conclusion on Achebe. If this did not happen, could the reason have been that he simply did not measure up?

    Achebe’s most recent laurels before the end, the 2007 Man Booker International Prize and 2010 Dorothy and Lillian Gish Prize, provided deep insights into his stature in the world of letters. It is interesting that on the judging panel of the International Prize was the South African female writer and 1991 Nobel laureate Nadine Gordimer who said Achebe was “the father of modern African literature” and that he was “integral” to world literature. Also of interest is the fact that there were 14 other finalists for the award, worth 60,000 British pounds, including the female British novelist Doris Lessing, who was awarded the Nobel Prize later that year. The biennial literary award, given to a living author of any nationality for a body of work published in English or generally available in English translation, rewards one author’s “continued creativity, development and overall contribution to fiction on the world stage.” The judges for the year compile their own lists of authors and submissions are not invited.

    It is intriguing that Achebe was preferred for the International Prize ahead of Lessing who was picked for the Nobel Prize in the same year. It is uncertain whether Achebe was among the Nobel finalists that year, or any other year for that matter, because nominations are officially kept secret for 50 years. Achebe was the second recipient of the International Prize, began in 2005, and which in 2011 was given to the American novelist Phillip Roth. After Roth was announced as the recipient, Carmen Callil withdrew from the judging panel, saying “I don’t rate him as a writer at all; in 20 years’ time will anyone read him?”

    Indeed, this divergence is significant because, on the issue of artistic longevity and reader appeal raised by the judge, Achebe continues to enjoy a wide readership more than 50 years after his first novel. In fact, the 50th anniversary of Things Fall Apart in 2008 was a global party. It is fascinating that one of the 2011 finalists, John le Carre, asked to be removed from consideration, saying that he does not compete for literary prizes. It is a matter for conjecture whether the award would still have gone to Roth, irrespective of le Carre’s withdrawal. However, it goes to show how even extra-literary situations can intervene in the award of literary prizes.

    Although the $300,000 Dorothy and Lillian Gish Prize, which recognizes artists who have had an extraordinary impact in their field, is, unlike the International Prize, extra-literary in scope, its award to Achebe at a ceremony in New York, nevertheless, made a huge statement for his literary accomplishments.

    Even though Achebe produced other worthy novels, they were overshadowed by Things Fall Apart, his1958 debut novel and pioneering work of African fiction, which reportedly sold over 10 million copies and was translated into some 45 languages in his lifetime. It is rated among the best written in English, and in the estimation of many, by itself, guarantees Achebe’s place in the pantheon of literary greats. Achebe’s then unprecedented plot of a pre-colonial African people, the Igbo, who lost their pristine condition to Westernization, catapulted him into the limelight, even before his other novels, No Longer at Ease (1960), Arrow of God (1964), A Man of the People (1966), and Anthills of the Savannah (1987).

    It is remarkable that Achebe’s pre-eminence in the continent’s literary firmament, particularly because of Things Fall Apart, led to cases of mistaken identity where people mistook other prominent African writers for Achebe. Kenyan novelist Ngugi wa Thiongo said he had been a victim and, according to him, Nigerian playwright and 1986 Nobel laureate Wole Soyinka said the same too of himself.

    By the time Soyinka received the Nobel Prize, the first African to do so, Achebe’s magnum opus was close to its 30th year, and his most recent novel was published 20 years back. Although Soyinka was reportedly a popular choice, many wondered about Achebe. Before his demise, three other African writers were recipients of the Nobel Prize, the Egyptian Naguib Mahfouz (1988), and South Africans Nadine Gordimer (1991) and J.M.Coetzee (2003).

    Since age is no disqualification, it remained a theoretical possibility till he died that Achebe could be eventually picked for the award despite his advanced years. After all, Doris Lessing, the oldest recipient of the award, got it at 88. But the ways of the Nobel Prize are mysterious, probably more than any other major literary award. To be eligible for the 112-year-old Nobel Prize, now worth about $1.4 million, a candidate must be nominated by a stipulated qualified person. In its work in choosing a Nobel Prize winner the Swedish Academy is assisted by a Nobel Committee comprising four to five Academy members, elected for three-year periods. It often happens that the same names are put forward time after time, until the nominee either wins the prize or dies or the sponsors give up.

    It is noteworthy that the Swedish Academy has long been controversial for its apparent Eurocentric bias as well as sometimes baffling decisions, and there is a thought-provoking list of widely acknowledged “great writers” who never won the Nobel Prize while supposedly lesser writers did. One recent instance involving 2004 Nobel laureate, the Austrian female novelist and playwright Elfriede Jelenik, provides food for thought. According to reports, Jelenik herself believed that she should not have received a Nobel Prize and that she had only been chosen for “being a woman.” A member of the Swedish Academy, Knut Ahnlud, shared Jelenik’s belief and resigned over her selection, claiming she had “done irreparable damage” to the prize.

    From these happenings, it is evident that if Achebe went to the grave without the Nobel Prize, it is not necessarily a statement against the aesthetic intensity or artistic profundity of his fiction. The questions are: What standards of assessment determined his inappropriateness for the prize? Was his fiction deficient in form or content? Or was he unlucky for non-artistic reasons? One thing is certain, though, for a writer who produced fiction that belongs to the literary canon, Achebe’s exclusion from the Nobel Prize ironically provides enlightenment on how not to judge literature.

     

    • Macaulay is on the editorial board of The Nation

  • Ojukwu: Bianca must be properly served with suit, says judge

    Ojukwu: Bianca must be properly served with suit, says judge

    Justice Adedayo Oyebanji of the Lagos State High Court, Igbosere, yesterday ordered that a suit filed against Ambassador Bianca Ojukwu and seven others over some property must be properly served on her.

    She said the suit should be published in a national newspaper since she could not be served personally.

    The suit, which is one of several others before different judges, was filed by a lawyer and businessman Chief Debe Odumegwu-Ojukwu.

    The claimant was disowned by the Ojukwu family, who insisted he was not a son of the late Ikemba Nnewi.

    Mrs Ojukwu was not represented during yesterday’s proceedings.

    There was confusion over her current address.

    She had claimed in another suit that she lived in Ikoyi, Lagos, with her children.

    As Nigeria’s ambassador to Spain, the claimant’s lawyer, Jeff Kadiri, said it was not clear where she could be reached.

    He said the Court Sheriffs had executed the judge’s earlier order of substituted service of the papers on Bianca by pasting them on the wall of her Enugu home.

    According to Kadiri, “as a politician”, Mrs Ojukwu was deemed to be living in both Enugu and Spain.

    The claimant and a firm, Silver Convention Nig Ltd are urging the court to declare that he is entitled to the properties of the late Ojukwu.

    He said was denied any of the assets by those where supposed to be his brothers.

    The defendants include Ojukwu Transport Ltd, Prof. Joseph Ojukwu, Mr. Emmanuel Ojukwu, Mr. Lotanna Ojukwu, Mr. Emeka Odumegwu-Ojukwu, Mr. Patricia Ojuwku and Mrs Margaret Nwagbo (Nee Ojukwu).

    Debe claimed he lost “several contracts, business opportunities and goodwill” due to “continuous denigration” by the family.

    He also claimed that Silver Convention Nig Ltd., which he claimed to be running on the family’s behalf, financed Ojukwu’s burial to the tune of N100million.

    He prayed the court to declare that he, “as the first and eldest son of Dim Odumegwu-Ojukwu” is “entitled to manage or lead in the management and control of all the disposable assets and belongings” of Ojukwu Transport Limited.

    Debe claimed that the family did not let him perform the dust-to-dust burial rites in honour of “his father”.

    He asked the court to hold that he is entitled to collect the military paraphernalia used for the burial ceremonies of the late Ojukwu.

    According to him, his mother, Magaret, gave birth to him to the late Ojukwu on August 3, 1956.

    He therefore sought a perpetual injunction restraining the defendants “from tampering or interfering in any manner” with any of “his father’s” real and personal estates.

    He also asked N200million as general damages against the defendants.

    The defendants denied that Debe is their brother.

    However, Bianca is yet to file a statement of defence.

    The other defendants insisted that Debe and Magaret were never known as members of the Odimegwu-Ojukwu family.

    According to them, Debe was never mentioned by the late Odimegwu-Ojukwu as a family member.

    They said eight people were listed Ojukwu’s Will.

    The will, they said, was published in a national newspaper last December 2, but Debe’s name was not in it.

    They claimed Debe only got involved in managing Silver Convention Nig. Ltd through his law firm, Ogbonnaa Ojukwu & Associates.

    The management, they added, was based on an agreement with the family meant subsist from 1995 and 2007.

    Justice Oyebanji adjourned till May 22 for mention.

     

  • An erudite judge takes a bow

    My Lord, Hon. Justice Okanola Akintunde Boade is a worthy ambassador of the Ministry of Justice of Oyo State on the bench. My first contact with Hon. Justice Boade was in 1990 and it was by accident. I was then a first year student of Law at the University of Ibadan. I came to the High Court here to depose to an affidavit. That morning, I saw the legendary Chief Fredrick Rotimi AladeWilliams, SAN of blessed memory alighting from his car and already dressed for court appearance. I followed him quietly to a courtroom to observe the matter he had on that day. The case, I later learnt, was a suit to challenge the removal of Hon. Justice T. A. Ayorinde as the Chief Judge of Oyo State. Chief Williams led others to appear for Justice Ayorinde, while My Lord, Boade, appeared for the Oyo State Government. He was then of the Ministry of Justice.

    That day, I was wondering whether My Lord was not attempting the impossible by daring to oppose Timi the Law in court. I marvelled when, at the end of that day’s proceeding, he was commended by Chief Williams for his spectacular performance.

    My Lord was a very versatile and very resourceful Counsel in the Ministry of Justice. One can safely argue that he was the most hardworking and most resourceful of his contemporaries at the Ministry of Justice. And if perhaps that assertion is debatable, it is unarguable that he is the most humble of his contemporaries. The perception that was established in the minds of all and sundry about Boade is undoubtedly that of a sincere, thorough, knowledgeable, incorruptible and a workaholic judge.

    My Lord does not belong to the category of Judges who attempt, at every opportunity, to mouth their incorruptibility which they themselves know is acutely suspect, rather My Lord Boade epitomizes it by his unblemished conduct, exemplary character and dignified carriage on the bench. My Lord did not only profess and preach strict adherence to the dispensation of justice to all manners of men without fear or favour, he actually practiced it without slightest deviation.

    Although my Lord Boade is retiring from the bench on the attainment of the statutory age of 65, it is evident that he is exiting when the ovation is loudest.

    The life of Eso, J.SC. has put it beyond doubt that a judicial officer can be more engaged actively after retirement and thereby put to shame those class of judicial officials who had falsified their age records in order to gain, deceitfully, extra years of service of the bench when it is even obvious to all that they have advanced well beyond the age prescribed by the law for them to give way. My Lord, I thank God for your life because it is not being said in hushed tone that you are over 65 years. And nobody can say that any of your colleagues younger than you in age had retired ahead of you from the bench.

    With the exit today of My Lord, Boade from the bench of Oyo State judiciary today, the state is left with 16 judges. This will further increase and compound the workload of our serving judges by almost 100% because our judiciary, by the provision of our High Court Rules, should have a full component of 30 Judges. We plead for understanding of our judges for this undeserved stress and burden which is not deliberate.

    The government of Oyo State under the leadership of Senator Abiola Ajimobi has, since assumption of office on May 29, 2011, not neglected any Ministry, Department , Agency and /any arm of the government in releasing to them the funds they require for capacity and infrastructure developments. I make bold to say that our judiciary is no exception. Allegations of stunted growth and decaying infrastructures at Oyo State judiciary should therefore be directed at the appropriate quarters. If the Oyo State Judiciary had been following and executing her budget strictly and transparently, the story of development here would have been otherwise.

    I am in full support of full financial autonomy for the judiciary as being canvassed by the Nigerian Bar Association because it will help to promote the independence of the judiciary. However, it needs to be clearly stated that agitation for that autonomy is not to place the resources of the judiciary in the pockets of Chief Judges.

    The current situation whereby some Chief Judges have turned themselves to Purchasing Officers and Contract Awarding organs is not only an aberration but totally against financial regulations and is criminal in nature. Similarly, it is a breach of financial regulations for any Chief Judge to expend, commit, pledge or donate any part of the fund of the Judiciary without the authorization of the Judicial Service Commission.

    By law, Chief Registrars are the Accounting Officers of the Judiciary and any practice that is contrary to that is illegal. Even, save for the day to day running cost, the Chief Registrar too are not empowered by law to expend the funds of the judiciary to execute capital projects without the approval of the Judicial Service Commission first sought and obtained.

    Those who framed the law as such are fully aware that judges which include Chief Judges are adjudicating officers before whom crimes of financial infraction and malpractices may be brought if it occurs within the judiciary they are serving and thus devised means of insulating our judicial officers so that the hunter too is not hunted.

    The present government is truly committed to embarking on infrastructural and capacity developments in the state judiciary to complement those embarked by the judiciary itself. We will surely enhance the conditions of service of our judicial officers including the magistrates and the supporting staff of the judiciary. Our target is to make our judiciary a model and indeed return her to her rightful position of the Pace Setter in the country

    Our retired jurists shall also be fully taken care of as well , as we shall put in place a system that will not deny them the fruits of their years of labour after retirement. Oyo State Government shall implement, upon the passage and assent of the 2013 budget, the provisions of the Judicial Officers Pension Commission Law, 2012.

    I congratulate Honourable Justice Boade on his retirement from the Bench. My Lord, you have played your part very glowingly and with distinction and particularly with strict observance of your oath of office. I know that posterity will judge you as having performed excellently. But before the posterity takes account of your good records, we are all gathered here to attest to the incontrovertible fact that you are an erudite and upright judge.

    The bench of Oyo State will surely miss you as your exit has created a big vacuum. The Bar will miss you more, but the greatest loser of your dignified bowing out today is the people and the government of Oyo State who did not have the privilege of having you as her Chief Judge to have enabled the state benefit from your wealth of experience and leadership qualities.

    I wish My Lord , Hon. Justice Boade a blissful life in retirement and a continuous service to our dear State, Oyo State in particular and Nigeria in general after retirement.

    • Being a speech delivered by the Attorney General and Commissioner of Justice of Oyo State, at the valedictory service for Honourable Justice Okanola Akintunde Boade in Ibadan recently.