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  • Judges, lawyers identify arbitration challenges

    Judges, lawyers identify arbitration challenges

    The Nigerian Bar Association (NBA), Ikeja Branch last week held its annual law week for 2014.  The one-week event attracted many lawyers and judges sector, writes ADEBISI ONANUGA.

    The Nigerian Bar Association (NBA), Ikeja Branch last week  held its annual law week for 2014. The one-week event, which also incorporated the mandatory Continuous Legal Education, was themed: “Surmounting Professional Challenges through Continuous Legal Education”.

    It attracted former Head of State, Gen. Yakubu Gowon,  House of Representatives Speaker Aminu Tambuwal and  Deputy Senate President, Senator Ike Ekweremadu at the annual Bar Dinner.

    Also in attendance were  Imo State Governor Rochas Okorocha,  Akwa Ibom State Governor Godwill Akpabio, Osun State Governor Rauf Aregbesola, Oyo State  Governor Abiola Ajimobi and Lagos State Governor Mr. Babatunde Fashola (SAN), who was the chief host.

    The mandatory Continuous Legal Education attracted a large number of Justices of the Court of Appeal, Federal and State High Court . The Justices of the Court of Appeal included  Tijani Abubakar, Sidi Bage and those of the High Court including Justices Opeyemi Oke, Oluwatoyin Ipaye, Adenike Coker,  Sedoten Ogunsanya,  K. A. Jose, S.B. Candide-Johnson, Ayisat Opesanwo, Funmilayo Atilade, Latifat Oluyemi, Lateefat  Folami, Ronke Harrison, Adeniyi-Adeogo Adebajo and Kazeem Alogba among others.

    During the Continuous Legal Education programme, the Bar and the Bench disagreed on those that constituted obstacles to successful implementation of the Alternative Dispute Resolution (ADR) in Lagos State. While Justice Toyin Ipaye put the blame at the door step of lawyers, the Bar represented by the chairman of the branch, Monday Ubani absolved lawyers of any blame on the issue. Ubani said the plaintiffs/Claimants always want their lawyers to fight for them in the court. He said most times, they viewed lawyers who advised clients to opt for  ADR as a weakling and incompetent.

    Justice Ipaye  said experience has shown  that most of the resistance to the use of ADR mechanisms comes from the lawyers and not necessarily their clients.

    Justice Ipaye a facilitator at the programme  in a paper titled: “Exploring the mediation window at the Court of Appeal, Magistrates Court, High Court, Family Court, Criminal Court: Prospects,Challenges, Drawbacks,Efficacy” .

    The judge, who was represented by another judge, Justice Latifat Oluyemi, noted that lawyers are resistant to the change because they have been well  trained in litigation, the adversarial method of resolving disputes; they are thus unfamiliar with the other models.

    “But change has come and they have to jump on board the train or they will be left behind at the station”, she stressed, adding that ADR is now a global reality.

    Justice Ipaye said the appropriate thing for judges and magistrates to do is to seek to know the reason for the non submission to mediation or other ADR method by lawyers and claimants/litigants and address the concerns.

    In his paper, The Rudiments of Brief Writing, Mr. Olatunde Adejuyigbe counseled lawyers against filing a brief of argument in solidarity with appellant.

    Said Adejuyigbe: “The role of the respondent in an appeal is to defend the decision of the court from which the appeal emanates and canvass arguments that the decision of the lower court be affirmed”.

    Citing relevant authorities and a decided case between Ohiaeri and Yusuf, Ogebe J.C.A., Adejuyigbe argued that where a respondent files a brief of argument urging court to allow the prayers of the appellant, the court will strike out such a brief by the respondent or discountenance it.

    He said if the respondent finds it difficult to support or defend the decision appealed against, he needs not file a brief of argument.

    He however said that where a respondent filed a cross-appeal against the decision of a lower court, “he can canvass arguments in respect of the cross-appeal with the objective of urging the Appelate Court to set aside a specific finding of error made by the lower court.

    He said this point was made very clear and correctly by a Justice of the Supreme Court of Nigeria, Justice Bode Rhodes-Vivour, in a matter between Lafia Local government and Governor of Nasarawa State in 2012.

    Justice Adebajo who delivered paper on Criminal Evidence remarked that where the court directs that DNA samples be provided by defendants, it has been found out that the prosecution is obliged to put the result before the court and also to make it available to the defendants.  He pointed out that where the report is not made available to the defendant,  the court would presume the report in favour of the defendant.

    Adebajo described forensic evidence as a two-edged sword, which most often serves the best interest of the party calling for it.

    In a welcome address, chairman of the branch, Monday Ubani explained that the choice of the topics was informed by challenges which some lawyers are facing in the sector.

    Ubani said the topics were intended to equip lawyers with the skills and knowledge that would make them excel in the administration of justice and  abreast of developments around the world.

    During the world press conference held to kick-start the law week, Ubani took a cursory look at the situation in the country and said that the entrenchment of a true federal system of government is the only panacea to reducing tension and the various problems that have been confronting the country.

    Ubani also stressed the need for resource control by the owner state, saying that it is also key to reducing tension in the country.

    “We feel strongly that the best system that will reduce tension and create competitiveness and healthy rivalry for the purpose of development is a proper federal system. If this is not agreeable to all citizens, then the country is advised to go their separate ways”, he stated.

    He insisted that only a true federal system of government would be condusive and reduce tension for such a multi-ethnic and diverse religious country like Nigeria.

    “Other issues like state police, control of natural resources by the owner state, payment of certain percentage to the Federal Government, creation of local government and the strengthening of institutions like the judiciary, electoral commission among others should all be agreed upon”, he said.

    The NBA chairman pointed out that the country would be taking a retrogressive step if it should subject the outcome of the ongoing national conference to the National Assembly for consideration on the planned amendment to be made to the 1999 Constitution.

    Rather, he suggested that the outcome should be subjected to a referendum of the people.

    He, however, warned that all efforts being made at the conference would be a futility if it failed to discuss such issues like definition of citizenship and aspiration of one common goal and objective.

    He asked members of the House of Representatives to investigate the allegation of the missing $20 million oil money and the N10 billion allegedly squandered  on  the hiring of private jets by the Minister of Petroleum Resources, Mrs. Deziani Allison-Madueke .

    The association urged members of the House of Representatives to handle the matter with the same courage with which the Committee on Aviation handled that of the former Minister of Aviation, Pricess Stella Oduah saying: “They must let Nigerians know the truth of their finding”.

    It observed that the ship of Nigeria is heading towards a wrong direction and urged the leadership to look into its compass and change direction.

    Ubani lamented that the governance of Nigeria is not reaching to the nooks and crannies of the country noting  “few parasites are presently sitting on top of Nigerian wealth, sharing it the way they want to their family members, cronies and friends to the exclusion of the majority”

    As part of the activites marking the Law Week, the Ikeja branch of the NBA, (a.k.a. The Tiger Branch), engaged the Lagos Island Branch (a,k.a. Premier Branch) in novelty football match which ended 1-1 draw.

  • 25 new judges

    25 new judges

    •It prefigures the tasks ahead

    The appointment of 25 new justices to the Court of Appeal is a welcome development. This is particularly so, considering the expected demand on the judiciary arising from election petitions, with our country primed towards another general election, next year. So it is good that the existing vacancies in the Court of Appeal are filled up, ahead of the election year, so that the new justices will have time to settle down before that circle of assignment, as election petition tribunals, becomes due. According to Mr. Soji Oye, the acting Director of Information, the National Judicial Commission (NJC), the new justices were appointed to fill the vacancies occasioned by deaths, retirements and elevation of some justices to the Supreme Court.

    We join other Nigerians to congratulate the new justices of the Court of Appeal on their elevation, but we quickly remind them that their new appointment is a call to higher responsibility. As justices of the penultimate court of the land, the demand on their professional capacity, integrity, wisdom and work output is a notch higher now. The implication is that their erudition and competence must soar higher than when they were at the High Court.

    Again, there is a higher expectation with respect to their integrity and the rigour in their judgments. As justices of appellate courts, they must always bear in mind that their judgments would henceforth become precedents, and as such guides for lower courts and the legal community.

    With their years of experience at the High Courts, we believe that they are aware of the public perception of the integrity of our judiciary. This is a matter of grave importance to our national wellbeing. Now as justices of appellate court, they own a higher stake in ensuring a better positive image for the judiciary. As individuals, they must strive to be above all genuine reproach, with respect to their professional conduct. As an institution, they must strive to exhibit an impeccable reputation and independence that will convince every fair-minded person that our judiciary is fair and just. In this regard it is our wish to see an austere community of justices who will dispense justice without fear or favour.

    For the new justices as well as the old justices of the Court of Appeal, we wish to remind them that the approaching general elections may rightly be described as a make-or-mar election for our country. If our experience is anything to go by, then they must brace up for the challenges of being ready to fairly and efficiently discharge their responsibilities as impartial arbiters. How well they deal with the election petitions might as well determine the survival and health of our republic. This is unfortunately so, because our politicians see elections as a do-or-die matter, for which they must seek to win at all times.

    While congratulating the judiciary for the increase in the number of justices of the Court of Appeal to 90, we are worried that the budget of the judiciary has been dwindling in recent years. We hope that the authorities made adequate budgetary provisions for these appointments. The constitution envisages a well funded judiciary, which enhances its independence. Unfortunately in recent years, the budget of the judiciary has been on the decrease, instead of increasing. The executive and legislative arms of government must stop the common practice of appropriating more resources to themselves at the expense of the judiciary, which is also a critical arm of the tripod.

     

  • CJN urges judges to be politically neutral

    CJN urges judges to be politically neutral

    * Inaugurates 25 new justices of the Court of Appeal

     

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar has advised judges to be politically neutral in handling electoral disputes.

    The CJN also cautioned judges against engaging in unethical conduct and acts capable of lowering public confidence in the judiciary.

    Justice Mukhtar also urged judges to always maintain true allegiance to their judicial oaths and abide by the demands of the Code of Conduct for Judicial officers.

    The CJN spoke Monday in Abuja at the swearing-in ceremony of the newly appointed 25 justices of the Court of Appeal.

    Justice Mukhtar advised the new justices to “work with your brother justices in the performance of your new arduous judicial functions, in order to sustain the confidence of the public in the Judiciary.

    “Bear in mind that the right to implement legal authority in any matter is predicated upon public opinion, and ethics.

    “Public confidence in the judicial system rests on public trust and perception as well as the established and sustained propriety of the Judiciary which help to encourage citizens’ readiness to comply with the law.

    “Thus, societal perception of the integrity of the judicial system occupies an important role in the assistance of social order by directing the law in a manner that guarantees; the important requirements of justice. For this reason you must contribute your best to efficiently administer Justice.

    “I wish to further stress that the judiciary will not tolerate, acts of misconduct and disloyalty from Judges, and so I urge you to maintain true allegiance to your judicial oaths and abide by the demands of the Code of Conduct for Judicial officers.

    “I urge you to understand that there is no middle ground and no room on the bench for those found to be contemptible arbiters of truth. There shall be zero tolerance to judicial corruption and misconduct in the Nigerian Judiciary.

    “As Judicial officers, you will soon be presiding over election cases, among others. Therefore, as Judges you must be politically neutral and rise up to safe guard our democracy, and ensure the rights of litigants and the tenets of justice are upheld and help to dispense justice for the purpose of safeguarding and protecting our constitution and its goals.

    “It is necessary to note that our task in our society is demanding and inexorable.  Your judgments and ruling will be tried by public opinion, and you will face criticism from electronic and print media, I urge you to persevere and remain firm in fulfilling your duties

    The new justices include Justices Hamma Akawu Barka (Gombe State), Joseph Jude Jella (Taraba State), Bitrus G. Sanga (Bauchi State), Muhammed Mustapha (Borno State),Yargata Nimpar (Gombe State), Sa’idu Tanko Hussein (Kogi State), Mudashiru N. Oniyangi (Kwara State) and Amina Audi Wambai  (Niger State).

    Others are Justices Ridwan Maiwada Abdullahi (Nasarawa State), Tani Y. Hassan (Kano State), Muhammed Lawal Shuaibu  (Jigawa State), Kadi Musa Hassan Alkali (Kaduna State), Jamilu Y. Tukur (Katsina State), Paul Obi Elechi (Ebonyi State), Ugochukwu A. Ogakwu (Enugu State) and Nonyerem Okoronkwo (Imo State).

    There are also Justices Joseph E. Ekanem (Akwa Ibom State), F.E. Oho (Delta State), Abimbola O.O. Adejumo (Edo State) Justices Bolokuromo M. Ugo (Bayelsa State), Biobele A. Georgewill (Rivers State), Oludotun A. Adefope-Okojie (Ogun State), Misitura O. Bolaji-Yusuf   (Oyo State), J.O.K.Oyewole (Osun State) and O.E. Williams-Dawudu (Lagos State).

  • Jonathan approves elevation of 25 judges to Court of Appeal

    Jonathan approves elevation of 25 judges to Court of Appeal

    President Goodluck Jonathan has approved the elevation of 25 judges selected from High Courts across the country for appointment as justices of the Court of Appeal.

    The new justices of the nation’s appellate court, whose elevation was announced about two weeks ago by the National Judicial Council (NJC), are to be sworn-in by the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar.(CJN) on March 24, 2014 at 12 noon in the Supreme Court of Nigeria.

    The President’s approval of their appointment now brings the number of justices of the Court of Appeal to 90 from 70.

    NJC’s Acting Director, Information, Soji Oye said, in a statement Monday, that the elevation of the judges followed NJC’s recommendation, which is in line with the new Court of Appeal (Amendment) Act, which increased the number of justices of the court from 70 to 90.

    He said their elevation was also informed by the vacancies “occasioned by the demise, retirement and elevation of some justices of the court to the Supreme Court.”

    The affected judges include Justices Bolokuromo M. Ugo (Bayelsa State), Biobele A. Georgewill  (Rivers State), Oludotun A. Adefope-Okojie (Ogun State), Misitura O. Bolaji-Yusuf   (Oyo State), J.O.K.Oyewole (Osun State) and O.E. Williams-Dawudu  (Lagos State)

    Others include Justices Hamma Akawu Barka (Gombe State), Joseph Jude Jella (Taraba State), Bitrus G. Sanga (Bauchi State), Muhammed Mustapha (Borno State),Yargata Nimpar (Gombe State), Sa’idu Tanko Hussein (Kogi State), Mudashiru N. Oniyangi (Kwara State) and Amina Audi Wambai  (Niger State).

    Also affected are Justices Ridwan Maiwada Abdullahi (Nasarawa State), Tani Y. Hassan (Kano State), Muhammed Lawal Shuaibu  (Jigawa State), Kadi Musa Hassan Alkali (Kaduna State), Jamilu Y. Tukur (Katsina State), Paul Obi Elechi (Ebonyi State), Ugochukwu A. Ogakwu (Enugu State), Nonyerem Okoronkwo (Imo State), Joseph E. Ekanem (Akwa Ibom State), F.E. Oho (Delta State), Abimbola O.O. Adejumo (Edo State).

  • Judges Seminar stalls trial of Ikuforiji

    Judges Seminar stalls trial of Ikuforiji

    The trial of Mr Adeyemi Ikuforiji, Speaker, Lagos State House of Assembly, was on Monday stalled at a Federal High Court Lagos, due to a seminar for judges.

    Ikuforiji is standing trial alongside his personal assistant, Oyebode Atoyebi, on an amended 54-count charge of money laundering.

    The suit, which was fixed for continuation of hearing, could not go on as earlier scheduled, due to a judges’ seminar organised by the Assets Management Corporation of Nigeria (AMCON).

    When the case was called, the prosecutor, Chief Godwin Obla (SAN), said that he was aware of the AMCOM seminar, which necessitated an adjournment.

    Defence Counsel, Chief Wole Olanipekun (SAN), also consented to an adjournment and urged the prosecutor to produce his remaining witnesses in court on the next date, to ensure speedy trial.

    “I do not know how many witnesses my learned friend has left, but if he will produce them in court on the next date, we will not mind being the tenants of the court,” Olanipekun said.

    Justice Ibrahim Buba, in a short ruling, adjourned the case till Tuesday, March 18, for continuation of hearing.

    Buba said that hearing in the case would begin at 9.00a.m. and urged the prosecution to produce its witnesses, so as to make remarkable progress in the case.

    The News Agency of Nigeria (NAN) reports that the Economic and Financial Crimes Commission (EFCC), had re-arraigned the accused on June 24, 2013, on the amended charge.

    They had however, pleaded not guilty to the charge, and were granted bail in the sum of one billion naira each, with two sureties, each in the sum of N500 million.

    On Nov. 21, 2013, the prosecution opened its case by calling on its first witness, Mr Adebayo Adedeji, an investigating police officer.

    He had testified on how Ikuforiji approved various sums of money from the House.

    In the charge, it was alleged that the duo conspired between April 2010 and July 2011, to commit an illegal act of accepting cash payments amounting to N273 million from the LAHA without going through a financial institution.

    It was also alleged that Ikuforiji used his position to misappropriate about N500 million of the LAHA’s funds.

    The offences are said to contravene the provisions of Section 18(a) of the Money Laundering (prohibition) Act 2011

  • Jonathan approves sack of two judges

    President Goodluck Jonathan has approved the National Judicial Council’s (NJC) recommendations for the compulsory retirement of two judges.

    NJC had last month recommended the compulsory retirement of Justice Gladys Olotu and Justice Ufot Inyang over alleged gross misconduct.

    The Minister of Justice and Attorney General of the Federation, Mohammed Adoke told State House correspondents Tuesday  that the President has approved the NJC recommendation.

    In a statement by Mr Soji Oye, NJC Acting Director of Information last month, said that the decision to recommend the retirement of Olotu of the Federal High Court and Inyang of the FCT High court was taken at the Council’s meeting of Feb 26.

    He said that the NJC’s findings were necessitated by petitions on allegations of gross misconduct leveled against them.

  • Customary Court judges urged to restore hope in judiciary

    Customary Court judges urged to restore hope in judiciary

    The judiciary  is making efforts to find  solutions to  its problems. The Customary Court, as the first point of contact with the law,should restore the hope of the public in the judiciary, writes Adebisi Onanuga.

    Judges of the Customary Courts got a marching order last week. They were to restore the hope of the common man in the judiciary. Various speakers at a one-day workshop in Lagos organised by the Lagos State Judicial Service Commission gave them the order. The theme of the workshop is “Administration of Justice at the Grassroot:Myth or Reality”

    Among those that gave the charge were the Attorney General and Commissioner for Justice, Mr. Ade Ipaye, a former chairman of the House Committee on Judiciary, Hon. Abdul-Lateef Hakeem, who gave the keynote address and the Executive Secretary, Lagos State Judicial Service Commission, Mrs. Ayodele Odugbesan.

    Ipaye admonished the  judges to shun any act of corruption that tends to confirm the notion that government officials are corrupt.

    He counseled them to be fair in their dealings, stressing that it is  their responsibility to restore the hope of the society in the judiciary.

    The commissioner reminded them that as customary court judges,  they are part of the government.

    “Customary Courts are part of government machinery. So, whenever you sit, you are a key representative of government. Whatever you do, whatever you said, it would all be said about you.

    “Any act of corruption would confirm the notion that government officials are corrupt. Every act of fair dealings brings hope to the common man in the society.

    “We owe the society the responsibility of restoring hope in the judiciary. So, let us be mindful of what we do because it not only reflects the personality, but the entire institution,” he said.

    The commissioner disclosed that the state Customary Laws are presently undergoing another review to accommodate some aspects of criminal jurisdiction.

    According to him, some aspects of the criminal offences would henceforth, be handled at the local level.

    Ipaye said the state government was very much inclined to accepting suggestions from those advocating that some neighbourhood criminal offences of lesser gravity be handled at the local level and is working seriously on the suggestions.

    “We are bringing this power back. When we do, we rely on you to display appropriate sense of responsibility in dispensing justice,” he said.

    He, however, counselled the judges to apply criminal law only in extreme cases when the criminal jurisdiction  is restored.

    He explained that part of the reasons while the criminal laws were initially expunged from the Customary Laws was to prevent judges at the local level from being influenced and using their position to send people to prison arbitrarily.

    The Chief Judge of the state, Justice Ayotunde Phillips, who was represented by the Deputy Registar of the state High Court, Mrs. A.O. Soladoye urged the judges to maintain a high level of honesty and integrity in the administration of justice at the grassroot.

    “Remember that Lagos State judiciary is the foremost judiciary in the country and we must be seen to be maintaining that lead,” she said.

    The Executive Secretary, Lagos State Judicial Service Commission Mrs. Ayodele Odugbesan said the issue of jurisdiction was of utmost importance to all levels of courts in the state.

    “We are never tired of jurisdiction, this is the main root of the courts, whether it is the Customary Court or the Supreme Court. A court that does anything outside its jurisdiction is only fooling itself. It’s decision can never stand,” she said.

    Mrs. Odugbesan said the state’s judiciary has adopted  Alternative Dispute Resolution (ADR), which is now gaining ground across the world, as an alternative way of resolving disputes.

    She said the practice has now been fully entrenched in High Court Rules, Magistrate Court Rules and of late, the Customary Court Rules.

    According to her, that is why a high premium was placed on training and re-training of judges particularly, customary court judges.

    She said the commission was committed to the training of customary court judges, hence the annual workshop.

    She explained that the choice of this year’s workshop topic, “Administration of Justice at the Grassroot:Myth or Reality”, was intended to find out whether the judges were practising customary law as it ought to be practised and whether the society can put their hope in the customary court judges to get justice.

    Deputy Director, Lagos Multi-Door Courthouse (LMDC), Mrs. Adeyinka Aroyewun, who delivered a paper on “The Mediation Process” said the Alternative Dispute Resolution (ADR) is the best approach to getting dispute resolved within the shortest time possible.

    Listing its advantages, Aroyewun said both the complainant and defendant enjoy a lot of confidentiality and can both make input into what they want and decide settlement terms, which ultimate becomes the judgement.

    She listed the success story of the LMDC to include resolution of a case of disengaged 50 staff of a bank, which had been in court for 12 years and a dispute over a property between two companies which had been in court for over 16 years, which were resolved in one session.

    She also recalled the case of a widow, who was trying to enforce an earlier promised of scholarship for her children made by a corporate body following the death of her husband, which had dragged for years before it was resolved in two sessions.

    Chief Magistrate Eniola Fabamwo in her paper entitled: “Customary Courts in Lagos State: Jurisdictional Issues and The Current Challenges in a Fast Growing Economy” explained why Lagos State does not have Customary Court of Appeal as obtained in other states such as Edo, Delta, Abia, Ebonyi, Imo, Benue, Plateau, Nassarawa, Kaduna and Taraba and the Federal Capital Territory(FCT).

    She explained that the combined effect of Sections 282(1) and (2) and Section 245 of the Constitution of the Federal Republic of Nigeria restricts appeal from Customary Courts to Court of Appeal to only civil matters where it involves questions of customary law.

    “States that have Customary Court of Appeal in operation are caught by this provision and can only allow civil cases based on customary law. In other words, other cases including criminal cases tried by Customary Court of Appeal.”

    She reasoned that it would be wise to continue to keep the present structure in the state whereby appeals from the customary courts go to the Magistrate Courts, the High Courts and the Court of Appeal without any restriction.

    Former Chairman, House Committee on Judiciary in state House Assembly, Hon. Abdul-Lateef Hakeem lamented that the public took to self help and engage in jungle justice because they have lost faith in the system.

    Hon. Hakeem, whose key-note address was on the theme of the workshop, admonished the judges against miscarriage of justice, stressing that they should use their position to influence the society positively.

    Quoting several passage from the Bible, Hon. Hakeem urged them to administer justice fairly, reminding them that they were writing their own history in everything they do.

    Hakeem emphasised that the judges are in good stead to change the society because they occupy a very relevant position in the hierarchy of the judiciary.

    He counseled them to keep abreast of customary laws and new developments stressing, “a good knowledge of customary laws is what is needed to enhance administration of justice”.

    “Demonstrate patience and be open minded at all times and listen to all sides before arriving at decisions,” he counseled.

     

  • Judges’ target

    Judges’ target

    Reports that the National Judicial Commission (NJC) has set a minimum target of between 16 and 24 judgments a year for judges across the country from 2014 is difficult to situate. While we are in agreement with the NJC that indolent and ineffective judges should be retired; there is the need to properly weigh the parameter used by the commission to arrive at that figure.

    We consider that it may be unrealistic to make such a demand, when the judges do not determine the number of cases that come before them in a year. Again, has the commission considered the cost on quality of judgments in arriving at the decision, knowing that some cases are more intricate than others?

    Again, the work output of a judge in a busy court like in Lagos, Port Harcourt, Kano, Onitsha and other commercial centres will no doubt be different from their colleagues operating in remote areas, where the number of cases in a year may not be up to 24. We are also worried that if emphasis is on quantity, some judges may find it convenient to treat the matters before them shabbily, to meet the requirement. Has the commission considered the impact of dumping badly heard cases on the appellate courts, thus depriving litigants without resources the right to go on appeal?

    Moreover, in determining the effectiveness of judges, what measure has the commission put in place to sieve judges who give ill-considered judgments from the system; as their impact is also as ruinous as indolent judges that delay cases before them unduly. While no doubt the current Chief Justice of Nigeria, Justice Aloma Mukhtar, has shown grit in tackling corruption more than her predecessors, we believe that corruption-induced judgments constitute by far, more danger than the quantity of cases determined by a judge in a year. So, the NJC has a more serious challenge tracking corruption in the judiciary.

    Also, as we have always argued, the NJC, nay the country, must seek a more efficient way of appointing only competent persons to the bench. That is the surest way to have competent and efficient persons as judges in our courts. Part of the challenge, as we have also argued, is that the centralised system of appointment, remuneration and discipline of judges is unrealistic. Apart from the fact that it negates our federal system of government, it also hoists equal measure for unequal work across the country’s judiciary, which may have informed the new policy of between 16 to 24 judgments in a year. As we have noted on the issue of federalising wages, it is unrealistic for a worker, whether a judge or some other workers, who work in diverse areas and economic environments, to receive the same salary.

    It may indeed be noted that many Nigerians will not wager for the integrity of our judiciary, and one reason is the undue delay in the courts. This also may have informed the instruction to deliver a reasonable number of judgments in a year by the judges; but the NJC may not be able to achieve that by fiat. Part of the strategy should be to provide efficient infrastructure for the judiciary. In some courts, the judges still write in long hand; some do not have good libraries, qualified research assistants, efficient power supply system and other basic infrastructure.

    So, the NJC needs a mixed bag of demands and incentives to achieve an efficient judiciary. While pushing for increase in the number of cases a judge must decide in a year, it must also work to ensure quality judgments that will endure.

  • Judges to begin vacation

    Judges to begin vacation

    Federal and State High Court judges will proceed on Christmas and New Year vacation, from Tuesday.

    But while judges in Lagos will resume January 3, their counterparts at the federal high courts will resume January 6.

    The Chief Judge of Lagos State, Justice Ayotunde Phillips, approved the holidays for the state judges pursuant to powers conferred on her pursuant to Order 45 Rule 4 (c) of the High Court of Lagos State (Civil Procedure) Rules 2012.

    A statement signed on her behalf by the Chief Registrar of the State High Court, Mrs. Oladimeji Akinkugbe, said arrangements had been made for those to deal with urgent matters during the vacation.

    The statement, said “each judge will deal with all urgent applications related to any substantive cause assigned to him or her.

    “Any urgent application, the substantive cause of which has not been assigned will be dealt with by the judge to whom the application is specifically assigned”, it said.

  • Jurists seek reform in judges’ appointment

    Jurists seek reform in judges’ appointment

    The event was a valedictory court session intended to bid farewell to Justice Stanley Alagoa, who attained the mandatory retirement age of 70 years.

    Usually, such an event affords speakers the opportunity to engage in an assessment of the performance of the retiring judicial officer and mostly, eulogise them and offer prayers for a good life in retirement.

    However, the court session held in the “main court” of the Supreme Court on October 4 for Justice Alagoa, took a slightly different pattern. He retired from the Supreme Court after serving for a year.

    Although there were praises, prayers and eulogies for Justice Alagoa, the event afforded speakers the opportunity to call for a major change in the appointment process in the Judiciary.

    Nigerian Bar Association (NBA) President Okey Wali (SAN), Thompson Okpoko (SAN) and Justice Alagoa called for a reform in the appointment of judges to curb corruption and ensure efficiency in the court system.

    Wali and Okpoko sought a process that produces young persons as Justices of the apex court to stem the current high turnover rate of its justices.

    They also suggested that quota system and regional or geographical considerations in the appointment of justices, at the Court of Appeal and Supreme Court, should be jettisoned.

    Alagoa suggested a more rigorous process to ensure that “only men and women of proven integrity and courage should be picked to sit on the bench”.

    He blamed corruption in the judiciary on the influence of politicians, businessmen and traditional rulers.

    Wali was represented by former Justice Minister, Adetokunbo Kayode (SAN). He blamed the high turnover rate of Justices at the apex court on the practice where Justices were only promoted from the Court of Appeal based on quota and geography.

    “This practice, strangely not based on any known law or regulation, is patently responsible for the position the Supreme Court has now found itself.

    “The effect of the promotion and zonal representation dynamics in the court is that it is unwittingly denying the injection of younger blood into the court even though Section 231 of the Constitution merely provides for a 15-year post call for a person to be qualified to hold the office of Justice of the Supreme Court and no more,” Wali said.

    He argued that in spite of the provision of Section 231 of the Constitution and the recommendation in the Udoji Report of 1975 (to the effect that only persons with exceptional ability should made Justices of the apex court, and that selection should extend to lawyers in practice and those in the academics), the nation is still stuck with the practice of mere elevation from the Court of Appeal.

    “It is clear that candidates for the court (Supreme Court) in more recent years are invariably older than those appointed before 1980. 76 per cent of all appointments before 1980 were of persons of 50 years of age or younger.

    “Take, for instance, all the Justices in the court as at 2004 are now retired. As at today, only six out of the 16 Justices of the court in 2008 are serving. In the past seven years, we have had six Chief Justices of Nigeria. By 2016, at least nine Justices off this court, as constituted, will have retired,” Wali said.

    He described Justice Alagoa as a brilliant jurist, who despite the shortness of his time at the apex court, rendered ‘immeasurable service to his fatherland’.

    Okpoko suggested that the process should change to ensure that a Justice with not less than five years to retire is appointed the Chief Justice of Nigeria (CJN).

    He observed that of recent, changes at the headship of the Supreme Court have been frequent.

    Okpoko, who spoke for the Body of Senior Advocates, argued that such frequent change in the leadership of apex court makes stable policy formulation and execution impossible.

    Also relying on the provision of Section 231 of the Constitution, Okpoko suggested that the choice of appointment should be extended to the bar.

    He said the inner Bar prefers appointment of fresh hands.

    “Section 231 did not limit appointment to Justices of the Court of Appeal or restrict legal practitioners from being appointed Justices of the apex court.

    “If the Supreme Court is to have the best Justices, quota system or geographical spread should not be a basis for appointment of Justices of the Supreme Court.

    He faulted the appointment of old men and women as Justices of the apex court.

    “This does not appear good for the national judiciary. Let us get our Justices to the Supreme Court early enough to give their best,” Okpoko added.

    Justice Alagoa, who regretted the increasing cases of corruption in the Judiciary, urged judges to stand their ground and ensure justice. He called for sanctions for any judge found wanting.

    Stressing the attributes of a true judge, the retiring jurist noted that it was for a judge to “carry himself with quiet dignity that is different from arrogance.

    “A judge, who is more at home in social circles may do well to question his suitability for the bench as the two are incompatible”.

    On corruption in the court, he said politicians, businessmen and traditional rulers constitute the greatest challenge to the Judiciary.

    “It is this class of persons that bribe, intimidate, harass or influence judges to depart from their sacred oath of office and the path of honour and rectitude.

    “A judge, who hobnobs with this group may well be unwittingly allowing his position to be compromised and possibly jeopardised.

    “A judge must hold fast to his faith in God and be bold. This done, this class of persons, like bees, can only buzz around, but must certainly lack the power and ability to sting,” Justice Alagoa said.

    The Attorney-General of the Federation, Mohammed Adoke (SAN) urged the Judiciary to brace for the challenges ahead.

    He said as the nation approaches the next general elections in two years, when political cases will flood the court, the nation expects the Judiciary to be fair and firm in dealing with such cases.

    “As we gradually approach the 2015 general elections, there would be heightened political activities, which will naturally breed political disputes that our courts will be called upon to adjudicate.

    “The fairness and firmness with which such political disputes are handled by the judiciary will to a large extent, determine the stability and survival of our democracy,” Adoke said.

    He assured the Judiciary of the support of the Executive to the various reforms being undertaken by the leadership of the Judiciary.

    Adoke also assured of the Executive’s commitment to the principles of rule of law and concept of separation of powers. Speakers, including the CJN, Justice Aloma Mukhtar, extoled Justice Alagoa’s virtues and praised his contribution to the growth of the Judiciary.

    Justice Alagoa, from Bayelsa State, was elevated to the Supreme Court on September 26, last year. Earlier, he served as the Presiding Justice of the Ibadan Division of the Court of Appeal.

    He was appointed a judge in Rivers State in 1990.