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Tag: Judges

  • Cleric blames judges, others for condoning corruption

    The Coordinator of Christ Apostolic Church, Mountain of Mercy at Oke Erio in Ekiti State, Prophet Sam Olu-Alo, has blamed the pervasive corruption in the country on judges and religious leaders.

    The cleric accused them of failing to sanitise the system by using their positions.

    Olu-Alo wondered why judges jailed petty thieves for stealing mobile phones or goats but granted bail to those who stole millions and billions of naira and dollars from the commonwealth.

    He urged judicial officials to be firm and fair in handling corruption matters so that it could be stamped out of the country.

    Olu-Alo addressed reporters after the July edition of his prophetic programme, tagged: “Seven Hours, Seven Prophets.”

    The cleric also took a swipe at various religious leaders for not preaching the truth nor chastising their followers for corrupt practices.

    He said: “The truth is that these leaders who loot the economy worship in one church or mosque. If the religious leaders – pastors, prophets, evangelists, imams, alfas and alhajis – had been telling them that suffering, pain and God’s anger are implications of dipping their hands into the commonwealth, the situation would have been different.

    “If the desired change begins from the churches and mosques, if the leaders at churches and mosques reject the mouth-watering offerings and gifts that such leaders bring and tell the leaders the implications of their actions, we will see that corruption will become history in Nigeria.”

    Olu-Alo, who hailed the Federal Government for its fight against corruption, advised the government and the judges to ensure that “any looter, no matter which political party or class he belongs to, must face the music”.

  • High court judges proceed on longjudges

    The  court rooms will not be open for adjudication of cases today in the Federal High Courts nationwide, as judges proceed on their annual long vacation.

    While judges in the Federal High Court commenced their long vacation today till September 9,  those in the High Court of Lagos State will commence theirs next Monday, July 18 till September 13.

    The vacation was approved for the Federal High Court judges by the Chief Justice of the court,  Justice Ibrahim Auta. His Lagos State counterpart,  Justice Olufunmilayo Atilade, approved vacation for the Lagos judges.

    However, while Justice Auta has approved a vacation judge to sit during the period of the vacation in each of  the  federal high courts nationwide , Justice Atilade approved  10 vacation judges to  hear urgent cases in Lagos State.

    In Ikeja Division of the High Court of Lagos State, Justice Oluwatoyin Ipaye will sit during the period of the vacation between  July 18 and July 29; Justice A.J. Bashua between August 1 to August 12; Justice M.A. Dada between August 15  and August 26; Justice M.O. Emeya between August 29 and September 13, 2016,while Justice K. O. Dawodu was appointed a substitute judge.

    In the Lagos Division, those appointed to sit for the corresponding period during the long vacation are Justice A.M. Lawal; Justice H.O. Oshodi; Justice Raliat Adebiyi; Justice F.J. Bankole-Oki while Justice  W. Animahun was appointed a substitute judge.

    A statement during the weekend by the Lagos Chief Judge, Justice Atilade stated that the long vacation was approved pursuant to Order 45 Rule 4(D) of the High Court of Lagos State (Civil Procedure) Rules 2012.

    The statement signed on her behalf by the Chief Registrar, Mr Emmanuel Ogundare further stated; “notwithstanding the long vacation, the criminal division of the high court of Lagos State may sit throughout  the period of the vacation. Where a judge of a criminal division is on vacation, a vacation judge may be assigned to deal with urgent pending criminal cases in court”.

  • ‘Judges need continuous training on Admiralty Law’

    ‘Judges need continuous training on Admiralty Law’

    Hassan Bello, a lawyer, is the Executive Secretary of the Nigerian Shippers Council (NSC). He speaks on how to strengthen the maritime sector and why the council is organising a seminar for judges, in this interview with Legal Editor  John Austin Unachukwu.

    Nigeria Shippers Council has been the Ports Economic Regulator for  two years. How would you appraise the journey so far?

    The journey has been extremely eventful. The duty of a regulator, as the name suggests, is to find a balance between the expectations of  the government and the expectations of the  private sector. A regulator is supposed to create a good working environment for the private sector to thrive. The private sector, especially in maritime industry, is the engine room. The government has no business in business and since the government knows this, it went ahead to privatise the ports to  the private sector and from that time, the history of maritime sector in Nigeria has changed positively.

    What have been the results?

    We have recorded efficiency in our services but there is still a lot of work to be done and I dare say that this work  is actually in the domain of government. The government has a duty to provide the right atmosphere for the private sector  to thrive. I think the government still has a lot to do and that is why the Nigerian Shippers’ Council continues to say that the government has to provide the enabling environment. The government has to protect and guarantee the protection of the investments of the private sector. On the other hand, the  private sector on its own,  must be reasonable and responsible.

    Why do you say this?

    Some of the actions of the private sector need to be reciprocal and proportionate to what the government has been able to do. The terminals have been operating without the electricity, for example. They generate their own electricity;   there is the question of access to the ports, there is the question of the gridlock and so many other things the has not made our ports  not too  friendly. It is the responsibility of the government to come and solve these problems. I  advocate that the government would sit down with the operators, the shipping companies, the terminal operators,  the Freight forwarders and all the stakeholders in order to fashion out a Marshal Plan for the ports.

    You have always canvassed  reducing the  cost and time of doing business in our ports. How far have you gone on this?

    We are mindful of our global standing, World Bank standing, rating and ranking.  Nigeria has to increase  her global and index  of doing business at her ports. Stakeholders should  come together so that all of us will brain storm  and  have the same target, we must  work as a team. But for now,  we are going about it in  different ways  and I think  with more empowering of  Nigerian Shippers Council, we will be able to bring this together. The crux of the matter is automation, our ports need  to be automated, so that we don’t do things manually. Even the presence of people  at  the ports is a source of friction and also of corruption. If systems are deployed, you will see that  everything is transparent. Transparency means that all payments are seen,  all transactions are  seen. You will be able to assess, evaluate and see  what  everybody  is doing at the same time.  Where there is inefficiency, you immediately pick the relevant organisation that is responsible.

    What are the highlights of this year’s  Maritime Seminar for Judges?

    This years’ Maritime Seminar for Judges is coming up on May 31  and end on   June  1. As you know, there are lots of contemporaneous issues  that have come up which our Judges must know. The essence of this seminar is to update the knowledge of our judges on contemporary issues in admiralty law,  so that they will be conversant with the law. When we have an investor, he will look at how quick or how timeous our Judges will determine or resolve commercial disputes when they arise. What they  will do in this very complex issue of admiralty law. Because of the training the judges have received through this seminar, Nigerian judgments are now very well respected internationally and I think that we have achieved that purpose. But the idea is that we are always bringing new challenges to the  Judges and I am sure that everybody has acknowledged that this  seminar is not just a shop talk, it is a seminar  that has influenced policy, it a seminar that has influenced law and it is also a seminar that has made for  the domestication of international conventions .

    What do we expect at the seminar?

    In this edition of the seminar, we have a lot of issues to discuss. As usual  we  start with introduction to maritime law, admiralty Jurisdictions for new Judges of Federal High Court. We also have electronic evidence in admiralty practice which is a very  novel  issue in e- commerce. We want to see how e- commerce is jumping more than legislation and how  we have to  adjudicate on this. We have a Senior Advocate of Nigeria, Mr. Olumide Shofowora who will speak on this. We also have  a topic on addressing African Cyber challenges which will be discussed by the Commissioner African maritime Safety and Security Agency, We have the role of the Council as a port economic regulator. What is even more important   the continued international adaptation of this seminar. For example, we have the Chief Justice  of Sierra Leone,  the Chief Justice of the Gambia, the Chief Justice of Ghana,  all coming for this seminar. They have already indicated their interest. The Minister of Transportation, Rt. Hon. Rotimi Amechi will give the Keynpote Address while the Chief Ernest Shonekan will chair the event. So we expect a very robust seminar this year.

    Considering that maritime business is an international business, how do you think international conventions, protocols and treaties affect and influence  our domestic maritime trade?

    We are talking about international domain, but first of all we always talk of a Nigeria that is for the unification of maritime laws. If maritime trade is international, then its laws have to be unified. You can’t have different countries operating different legal regimes. So what  we do is that we negotiate among countries about  the laws, trade or carriage conventions that are appropriate tools for our own nature . We are a cargo owning country for now and so, we have to support those international conventions that will give priority to cargo, which  will favour  the cargo owning countries.

    How is the change agenda of the Federal Government affecting the role of the Shippers Council as a port economic regulator?

    The Shippers Council is in sinc with what is happening.  It is just the agenda of the NSC. We are happy to have a robust administration up to  Ministerial level. If you know the Minister, you will know that he is an action man and so  is the Shippers Council. What shippers Council is doing is  to be a viable economic agency.

  • NJC recommends retirement of two judges

    NJC recommends retirement of two judges

    The National Judicial Council (NJC) has recommended the compulsory retirement of two judges having found them guilty of professional misconduct.

    The two judges are O Gbajabiamila of the Lagos High Court and Idris M. J. Evuti of the High Court of Niger State.

    The recommendation for their immediate compulsory retirement has been communicated to the governors of Lagos and Niger states.

    It also recommended a lawyer, Oluwaseun Olusiyi to the Legal Practitioners Disciplinary Committee (LPDC) for disciplinary action for walking out on a judge.

    The NJC howevr cleared Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission.

    It ordered  Justice Tanko Yusuf Usman of the High Court of Niger State to refund the salaries he earned from June last year till March this year (when he retired), having been found to have altered his age.

    NJC’s Acting Director of Information, Soji Oye said, in a statement yesterday, the Gbajabiamila has been suspended immediately from further acting as a judicial officer until the Lagos State governor act on NJC’s recommendation.

    He said NJC took the decision at its sitting of April 13 and 14 this year.

    “Hon. Justice O. Gbaja-Biamila was recommended for compulsory retirement from office to the governor of Lagos State, pursuant to the findings by the council on the allegations contained in the petitions written against his Lordship by Mr. C. A. Candide Johnson, SAN.

    “The allegations are: That the Hon. judge delivered judgment in suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, twenty two months (22), after written addresses were adopted by all the Counsel and thirty-five (35) months after the close of evidence in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days;

    “That his Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the Constitution which required that a copy of the judgment of a Superior Court of record be given to parties in the case within 7 days of delivery.

    “That the Hon. Judge continued to hear the Suit in his court after he had been notified of the pendency of a motion for a stay of execution at the Court of Appeal and that an appeal had been entered.

    “Prior to the issuance of the first writ of attachment, the court Registrar, under the direct administration of the Hon. Judge, falsely misrepresented to the Deputy Sheriff in a memo dated 28th November, 2014, that there was no appeal or motion in the case file as at 28th November 2014. “Meanwhile, there were two notices of appeal and two summons to settle records in the court’s file.

    “That the Hon. Judge gave an order on 23rd February, 2015 upon an ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the Order of substitution on the affected party or its legal representatives.

    “That the Hon. Judge failed to maintain professional competence required to preserve the integrity of the Judiciary.

    “The above allegations constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “In the interim, the National Judicial Council in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. O. Gbaja-Biamila from office with immediate effect.

    “Council also considered a petition written by Mohammed Idris Eggun against Hon. Justices Idris M. J. Evuti and Tanko Yusuf Usman of the High Court of Niger State on falsification of their dates of birth.

    “He alleged that Hon. Justice Idris M. J. Evuti falsified his age from 15th September, 1950 to 10th April, 1953 and Hon Justice Tanko Yusuf Usman falsified his age from 27th June, 1950 to 27th June, 1951.

    “A fact finding committee set-up by the council found from the records made available to it that the Hon. Justice Evuti used three different dates of birth over the years as 15th September, 1950, 10th April, 1953 and 1st April, 1953 and therefore recommended his compulsory retirement with immediate effect.

    “Apart from the recommendation for compulsory retirement of Hon. Justice Idris M. J. Evuti, council recommended to the Government of Niger State to deduct all salaries received by him from September, 2015 till date from his gratuity and remit same to the National Judicial Council that pays salaries of all judicial officers in the federation.

    “With respect to the Hon. Justice Tanko Yusuf Usman, council did not recommend his compulsory retirement because it had already accepted his retirement with effect from 1st March, 2016.

    “However, council decided to write to the Government of Niger State, to deduct from the gratuity the salaries received by him from June 2015 when his Lordship should have retired from the Bench.

    “Council at the same meeting exonerated Hon. Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission. “The Hon. Judge was alleged to have been biased in granting ex-parte orders of injunction against the commission in suit No FNC\L\CS\767\15: BGL Ltd and Ors V. Securities and Exchange Commission without due regard to the relevant factors and circumstances of the case.

    “The counsel to the Securities and Exchange Commission, Oluwaseun Olusiyi was also reported to the Legal Practitioners Disciplinary Committee for walking out on the Judge on the matter when she was told the matter was not ripe for hearing for disciplinary action,” Oye said.

     

  • Senate increases FCT judges to 75

    The Senate yesterday increased the number of judges in the Federal Capital Territory (FCT) High Court from 37 to 75.

    This followed the third reading and passage of a Bill, which sought to increase the number of judges in the FCT.

    The Bill said the maximum number of judges in the FCT High Court should be 75 with the Chief Judge of the FCT High Court as the head.

    It also said the principle of Federal Character of Nigeria shall apply in the appointment of judges of the FCT High Court.

    Before the Bill was passed, Chairman, Senate Committee on Judiciary and Legal Matters, Senator David Umaru, presented the report of his committee on the bill.

    The report was adopted by the upper chamber before clause by clause of the Bill was considered and passed.

  • Corruption: CCB, security agencies begin discreet profiling of judges, workers

    Corruption: CCB, security agencies begin discreet profiling of judges, workers

    Security agencies are probing accounts and assets of some judges –  as part of measure to clean up the Judiciary – The Nation has learnt.

    The Code of Conduct Bureau (CCB) is also part of the “discreet” exercise, which will examine the investments of the spouses of such judges.

    No fewer than three judges have been reported to the National Judicial Council (NJC).

    The profiling of the judges by security’s agencies  began about two weeks ago, a source said.

    The CCB specifically directed judicial officers to “declare their assets or face prosecution if they defy the directive”.

    Some of those affected were alleged to have had unethical allegations against them over the years.

    It was learnt that some of them had wielded influence to avoid reprimand or sanctions by Judicial authorities.

    One of such judges made a fortune from “curious injunctions and rulings” during the countdown to the 2011 general elections, the source claimed.

    It was also gathered that a former Chief Justice of Nigeria once threatened to jail a Chief Judge after receiving report on his “sharp practices”.

    The judge has remained in office after going underground to allow the ex-CJN complete the statutory tenure.

    A source, who spoke in confidence, said: “Some judges are currently under investigation by security agencies. These agencies are looking into the assets of these judges and Judicial officers.

    “Some suspicious accounts of these judges and judicial officers and their relations are also being identified. There are some using their spouses and friends for high-profile contracts and investments.

    “The outcome of the profiling may lead to the purging of bad eggs from the Bench.

    “The CCB about two weeks ago sent a directive to all heads of courts, demanding update of Assets Declaration Forms by Judicial officers and workers.

    The CCB said failure to comply with the directive might attract sanctions in line with the relevant provision in the 1999 Constitution.

    “The Bureau shall have power to  receive declaration by public officers made under paragraph 12 of part 1 of the Fifth Schedule to this Constitution.”

    “Examine the declarations in accordance with the requirements of the Code of Conduct or any law.

    “Retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe.

    “Ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct or any law relating thereto.

    “Any statement in such declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be a breach of this Code.

    “Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.”

    “Receive complaints about non-compliance with or breach of the Provisions of the Code of Conduct or any law in relation thereto. Investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal.”

    As at weekend, investigation confirmed that the number of judges reported to the National Judicial Council( NJC) has increased to three.

    A source in NJC said:  “From what was submitted to NJC, three judges are to be investigated. The number can increase depending on security reports.

    “We already have a case of His Lordship, Honourable Justice M. N. Yunusa who was alleged to have been bribed with N225,000 by a Senior Advocate of Nigeria(SAN), Mr. Rickey Tarfa.

    “All these judges will go through normal processes with the NJC. They are presumed innocent until the allegations are otherwise proven against them.”

    The NJC and the President are empowered to determine a judge’s fate in line with the process outlined by Part I, Paragraph I, Section 21(b) of the Third Schedule to the  1999 Constitution (as amended) and  Section 292(1)( a)(i)

    Part I, Paragraph I, Section 21(b) of the Third Schedule to the Constitution reads: “For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “the NJC shall have power to recommend to the President the removal from office of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

    Section 292(1)( a)(i) says: “A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances (a) in the case of the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President( of Nigeria), acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct.”

  • Judges’ salary

    •There is no excuse for not paying January entitlements

    The news that Justices of the Supreme Court, the Court of Appeal, and all federal and state high court judges have not been paid their January salary, even as their February salary falls due today, is alarming. Also affected by the delay in the payment of salaries are judicial workers in the federal employ. We are worried over the judges’ salary particularly because of the peculiarity of their job which forbids them from engaging in private businesses, and the possibility that desperation could expose them to corrupting influences from the litigating public.

    So, whatever may have caused the delay in the payment of the salary of the over 600 judges across the country should be quickly sorted out by the executive. Perhaps that is why the 1999 Constitution considers the amount due to the judiciary from the consolidated revenue of the federation, a prerogative. Of note, section 81(3) of the constitution, provides: “Any amount standing to the credit of the judiciary, in the Consolidated Revenue Fund of the federation, shall be paid directly to the National Judicial Council, for disbursement to the heads of the court established for the federation and the states, under section 6 of this constitution”.

    For us, no excuse is good enough to justify the delay. As the executive knows, it has powers under the constitution to expend the needed resources to pay the judges, even as the nation eagerly awaits the 2016 Budget. We are referring here to section 82 of the constitution, which provides: “If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the President may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the federation, for the purpose of meeting expenditure necessary to carry on the services of the government of the federation, for a period not exceeding six months or until the coming into operation of the Appropriation Act, whichever is earlier”.

    In our view, the salary of judges is one such ‘expenditure necessary to carry out the services of the government of the federation’, to warrant a pre-budgetary expenses, within the contemplation of the constitution. The Federal Government must appreciate that among the three arms of government, the judiciary is the most vulnerable, even when its contribution to the stability of the polity is not necessarily the least. The position of the judiciary is even made more precarious by the tradition of the bench, as judges cannot resort to self-help, or raise self-serving alarm, to attract attention like the officials of the other two arms of government, when confronted by institutional challenges.

    The centrality of an independent and confident judiciary to the success of the war against corruption is one more reason why the judges should be paid without further delay. A judge who is owed salary and who has bills to pay is a vulnerable judge, and could be susceptible to corrupting influences. Such a judge, may also lack the confidence and concentration required to perform optimally, especially in dealing with the demands of trial in criminal cases, which under the laws are now more of a marathon.

    To avoid any excuses from the judiciary in the pursuit of a better country, the legislature should give the necessary support and nudge the executive to action, if need be, to ensure that our judges are fairly treated. The executive and the legislature cannot be helping themselves to the proverbial national cake, and pontificate for an independent and fearless judiciary, even when their (judicial officers’) basic entitlement is withheld.

  • Judges sit on stools, litigants on bare floor – Plateau CJ

    Judges sit on stools, litigants on bare floor – Plateau CJ

    Chief Judge Pius Damulak of Plateau said in Jos on Monday that judges sit on stools while litigants sit on bare floor in many rural courts in the State.

    Damulak made the remark when the state’s Commissioner for Justice, Mr Jonathan Mawiyau, visited him.

    “The judiciary is the most sensitive among the three arms of government, but it has suffered age-old neglect; its infrastructure is just a sorry sight.”

    Damulak said the decay affected the entire state, but that the courts in the rural areas were the worst hit as judges and their members sit on little stools to handle cases.

    “If you go to the courts in the rural areas, there is no furniture at all. “The judge, with the members, sit on very little stools while the people sit on the ground to listen to cases. “In one local government, we had to bend to enter the court because the roof of the court was supported with sticks.

    “There, the roof leaks and whenever it rains, the judge has to go to a nearby house to sit; that is how bad it is,’’ he said.

    He said apart from the sorry state of infrastructure, judges were finding it very difficult to run their offices as subventions were not paid to them.

    According to him, salaries are usually delayed, and judges always forced to borrow to run their offices.

    “For 13 months, we have not been paid overhead costs; we have been borrowing and sometimes judges are compelled to ask litigants to pay for stationery,’’ he added.

    Damulak stated that some judges cannot use their cars because they had become unserviceable, and regretted that such judges had to share public transport with litigants.

    “Judges are entitled to new vehicles every four years as contained in their condition of appointments, but the vehicles we are using have been with us for the past 10 years.

    “When this government came in, it bought vehicles for members of the House of Assembly as well as the commissioners including you (commissioner), but the judiciary was forgotten”, he added.

    “The judiciary is also supposed to be ICT-compliant as it is done globally, but here in Nigeria, particularly in Plateau, we don’t have internet in our offices and courts.”

    He said high court judges do not have official accommodation, and had not been paid housing allowances as stipulated.

    Damulak expressed the hope that the new government, headed by a lawyer, would give some attention to the judiciary, “so that its services will improve.’’

    In his response, Mawiyau said his visit was to solicit their cooperation to ensure the free flow of justice. “Justice is that essential commodity that is needed by the society.

    “Without justice, certainly there will be no peace; and if we are able to deliver justice to the masses, we will solve much of the security problems in the state.’’

    The commissioner said the state government was aware of the situation in the judiciary and assured his hosts that the executive arm would address them. He promised that the ministry would diligently prosecute cases, pointing out that justice delayed was justice denied.

    “We are working toward making the ministry and the judiciary ICT-compliant to ease the handling of cases,” he added.

     

  • Judges sack Ramar254 from Tecno Own the Stage

    Judges sack Ramar254 from Tecno Own the Stage

    As performances hot up in the race for a $25,000 star prize, in addition to a recording deal, and a brand new TECNO Phantom 5 smartphone in the ongoing Tecno Own the Stage reality show, Kenyan participant, Ramar254, was kicked out of the show, which entered its 10th edition last Sunday, just as Nigeria’s flag-bearer, Shaapera was applauded by the judges for a spectacular performance.

    It was the third consecutive time that a Kenyan was evicted from the show, which now has four contestants in battle for the coveted prize and the attendant fame.

    The last edition started off with host of the show, Vimbai Mutinhiri, announcing that the contestants were going to be doing songs originally performed by the judges – Nigerian Rap star, M.I., Yemi Alade and Bien-Aimé Baraza, of Sauti Sol, a Kenyan afro-pop band formed in 2005. This was an interesting curved-ball following through from last week’s epic battles where the contestants were paired in groups and had to square up against each other.

    The show featured guest artiste, Falz the Bad Guy, who provided a beautiful rendition of his hit single, Karishika. Falz’s electrifying performance helped to lighten the mood in the studio as the contestants geared up for their own performances.

    First up was Nandy, the beautiful songstress from Tanzania, who sang Nishike by Sauti Sol, who were 2014 winners of MTV Europe Music Award for Best African Act. At the end of her performance, Bien, Sauti Sol’s lead singer, explained the meaning of the song’s Swahili title which, literally translated, meant ‘touch me’. He praised Nandy for her good delivery but faulted her inability to bring to life the song’s sexiness despite the fact that the Tanzanian, in Bien’s words, was “a very sexy girl.”

    Ramar254 was next, performing another Sauti Sol single, Money Lover. But he got a stern reprimand from Bien for missing his lines during his performance. Providing a humorous twist, M.I came to the Kenyan’s rescue by heaping all the blame on Bien. He said: “I don’t know who wrote that song. I don’t know what group sang that song but that was a terrible piece of music.”

    It was thereafter the turn of Nigeria’s flag-bearer, Shaapera’s to take to the stage with her rendition of Ms Alade’s Johnny. And it was a performance to behold by the Nigerian who, unknown to the audience, had earlier been involved in an accident and was only given the green light hours before the episode was shot. The revelation made her feat all the more spectacular and she expectedly earned the judges’ adoration, with Bien scoring her a perfect 10 from 10.

    The charming Kenyan, Sikin, was up next to perform another song from Ms Alade’s collection, K.I.S.S.I.N.G. It was a worthy presentation as she earned some commendation from Yemi Alade for her effort. She was also cautioned against flouting the first rule of karaoke: don’t miss your lines. It was Pascal’s turn to perform M.I.’s One Naira. It wasn’t the best the audience had seen of the affable Kenyan but it was enough to earn him some measure of praise from M.I., who nevertheless reminded Pascal that he fluffed his lines on a number of occasions. Bien, apparently still smarting from M.I.’s earlier jibe at him, praised Pascal for his good delivery of a song “he had never heard, and from an artiste he had previously never heard of.”

    After that, the judges announced who would be making a departure from the show, which turned out to be Ramar254.

    Still on the show is Sikin and Pascal alongside the Tanzanian, Nandy, and the Nigerian, Shaapera.

  • Getting judges to key into anti-graft war in 2016

    The courts were awash with money laundering cases in 2015. President Muhammadu Buhari has urged the  judiciary to do more in 2016 to help recover looted funds and punish impunity. What can the judiciary do to give lawbreakers their just deserts? ROBERT EGBE writes.

    In his New Year address last Friday, President Muhammadu Buhari presented his wish list to the judiciary. While promising to intensify the anti-graft war, he said: “I urge the courts to support our efforts and help in the recovery of stolen funds by speedily concluding trials and showing that impunity no longer has a place in our country.”

    All eyes will be on the judiciary to see how some high profile cases which began last year will be resolved.

     

    The arms scandal

    Fed Govt vs Dasuki and Co

    Heads have continued to roll in the $2.1billion arms scandal involving former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki and all eyes are now on the judiciary to ensure quick dispensation of justice.

    He is facing three cases before the Federal High Court, Abuja and the High Court of the Federal Capital Territory (FCT), Maitama, Abuja.

    Dasuki is being tried alone on a five-count charge of money laundering involving about N84.6million and illegal possession of firearms before the Federal High Court, Abuja. Trial in the case is expected to open in early January.

    The former NSA is also involved in the case of alleged diversion of over N20 billion involving former Minister of State for Finance, Bashir Yuguda and former Sokoto State governor, Attahiru Dalhatu Bafarawa, among others.

    In the third case, Dasuki is being tried with an ex-Director of Finance and Administration in the office of the NSA, Shuaibu Salisu, former Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa, and others in a 19 count-charge bordering on criminal diversion of funds. Justice Hussein Baba-Yusuf has since granted them bail and fixed January 21 for commencement of trial.

     

    Fed Govt vs Dokpesi

    Businessman, Raymond Dokpesi, was arraigned on December 9 at the Federal High Court, Abuja on a six-count charge filed against him by the Economic and Financial Crimes Commission (EFCC). Dokpsei and his company – Daar Investment and Holding Company Limited – were accused of accepting N2,120,000,000 from Dasuki, for the last presidential campaign of the Peoples Democratic Party (PDP) without going through due process. Dokpesi, who pleaded not guilty to the charge, has since been granted bail. Trial is expected to open in the case on February 17.

     

    The economic cases

    The fines imposed by regulators against businesses and the resultant suits have thrust an unusual role on the courts this year: an economic one.

    Although the cases are not criminal, their resolution by the courts will go a long way in discouraging the culture of impunity in business by both government and private companies.

    Such cases include those initiated by MTN Communications Nigeria Limited against the Nigerian Communications Commission (NCC) and Guinness Nigeria Plc against the National Agency for Food and Drug Administration and Control (NAFDAC). The Financial Reporting Council (FRC) vs Stanbic IBTC Holdings Plc saga is another case in point.

    If these decisions go against the companies, the fines would substantially boost the government’s revenue by N1.06 trillion as well as launder its anti-impunity credentials.

     

    MTN vs NCC

    On October 26, the Nigerian Communications Commission (NCC) fined MTN Communications Nigeria Limited N1.04trillion ($5.24billion) for its alleged failure to register about 5.2 million subscribers within a given deadline.

    In two separate suits filed before the Federal High court, Abuja by an Abuja-based lawyer, Abubakar Sani, and another by MTN in Lagos, a declaration is being sought to declare the fine unlawful.

     

    Guinness vs NAFDAC

    A N1billion fine imposed by NAFDAC on Guinness “as administrative charges for various clandestine violations of NAFDAC rules, regulations and enactments over a long period of time,” led to a court case on December 23.

    The company asked the court to restrain NAFDAC and the Attorney-General of the Federation (AGF) from enforcing the sanction pending the determination of the suit which has been adjourned till February 8. The parties have, however, begun settlement talks.

     

    Stanbic IBTC vs FRC

    The N1billion fine and other sanctions imposed on Stanbic IBTC by the FRC over the financial institution’s audited accounts for 2013 and 2014 has been challenged at the Court of Appeal after the bank lost at the Federal High Court.

     

    What the judiciary can do

    However, experts have suggested that to help the government meet its goal of reducing corruption and curbing impunity, judges must not only merely preside over cases, they must also find ways to up their game.

    One useful tool judges can rely on is the Administration of Criminal Justice Act (ACJA) 2015

    During a workshop organised last month by the Centre for Socio-Legal Studies (CSLS) and the Presidential Advisory Committee on Corruption (PAAC), speakers, including Vice-President Yemi Osinbajo (SAN), represented by PACC chairman Prof Itse Sagay (SAN); and Attorney-General of the Federation Abubakar Malami (SAN) identified the benefits of the ACJA.

    A communiqué issued at end of the workshop focused on sections 306 and 396 of the ACJA and suggested that for cases to be adjudicated with the urgency required, the Act must be given purposive interpretation and application by the courts.

    “The courts are enjoined to give literal interpretation and full effect to sections 306 and 396 of the Act so to avoid unnecessary and frivolous interlocutory applications which are meant to delay trials, especially of corruption cases.

    “The courts should adopt the wasted costs mechanism to deter counsel from seeking frivolous adjournments.”

    Appellate courts should also not entertain interlocutory appeals emanating from corruption cases in defiance of provisions of the ACJA.

    It was suggested that the ACJA should be further amended to provide for sanctions for non-compliance with its provisions.

    Participants also urged the judiciary to develop a strong national judicial policy which should prohibit the abuse of interlocutory applications and injunctions.

    “The Federal Government should endeavour to pay the salaries of judges regularly and make provisions for their security and retirement benefits.

    “States of the Federation which have not already done so should domesticate the ACJ Act using the Federal Act as a template.

    However, the government also has a role to play.

    The communiqué, signed by CSLS President Prof Yemi Akinseye-George (SAN), added: “The Federal Government should make adequate budgetary allocations to enhance the implementation of the innovative provisions of the ACJA, including payment of witness expenses, training and motivation of prosecutors, investigators and judges in the light of the huge workload occasioned by the Act.”