Tag: Judges

  • CJN urges judges to shun embarrassing acts

    CJN urges judges to shun embarrassing acts

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has urged judges to shun acts capable of embarrassing the Judiciary and the nation.

    Onnoghen also urged Nigerians to pray for the Judiciary because it serves to protect the nation’s unity and ensure a peaceful society.

    He spoke yesterday in Abuja at the swearing-in of Justice Adamu Abdu Kafarati as the Acting Chief Judge of the Federal High Court.

    Justice Onnoghen said: “Avoid things that will embarrass the Judiciary and embarrass you, embarrass the country and your family.

    “I know you have been trying your best in that direction, please sustain the effort. Don’t get blackmailed. Don’t get intimidated. People will talk.

    “Obviously, in this society, nobody loses a case, because the law is against him.

    “He loses the case because the judge does not like his face; the judge is this, the judge is that. But, the judge must be there and that judge happens to be you,” he said.

    Justice Onnoghen also urged judges to be fair and always be guided by the law and Constitution.

    He assured that the Judiciary will protect and support judges, who abide by their oath of office and provisions of the Constitution.

    According to him: “Justice Kafarati and other judicial officers, you are particularly reminded today of your oath, which you have taken. Be guided always by the Constitution of the Federal Republic of Nigeria and the law.

    “When you do that and continue to do that, you will have no problem. That will ensure justice to all and sundry, because there is nothing greater than the rule of law.

    “The scale you wield and the sword is mighty. When once you come to the conclusion that this side weighs more than that, you have to apply the legal truth, no matter whose ox is gored.

    “That is the only way you can ensure justice to all. That is the only way by which the judicial powers of this nation can be properly harnessed and enforced.

    “That is the only way we can ensure unity, because the sense of injustice breeds disunity. And it is our responsibility to ensure that we return to the good old days, we return to a Judiciary that. Commands respect

    “The perception will always be there, because you don’t strive to satisfy everybody because if you do that, you would fail.

    “If you do that, you will be a hypocrite. And a judicial officer is not a hypocrite.

    “It is either the man is right or wrong. Your duty is to say who is right or who is wrong. Stick to that. That is the only way by which we can go back home and sleep and, in fact, snore,” the CJN said.

    Justice Onnoghen praised the retiring Chief Judge of the Federal High Court, Justice Ibrahim Auta, for his contributions to jurisprudence and service to the judiciary and nation.

    He urged judges of the court to cooperate with Justice Kafarati to enable to improve on the court’s performance.

    Justice Kafarati, born in 1954, hails from Kwami in Gombe State. He takes over from Justice Auta, who tenure ends at 12 midnight on September 16.

    Justice Kafarati will continue to function in acting capacity until his nomination by the National Judicial Council (NJC) is confirmed by the President and Senate as provided in Section 250(1) of the Constitution.

  • CJN urges judges to shun embarrassing acts

    CJN urges judges to shun embarrassing acts

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has urged judges in the country to shun acts capable of embarrassing the Judiciary and the nation.

    Justice Onnoghen also urged Nigerians to pray for the Judiciary because it serves to protect the nation’s unity and ensure a peaceful society.

    He spoke Saturday in Abuja at the swearing-in of Justice Adamu Abdu Kafarati as the Acting Chief Judge of the Federal High Court.

    Justice Onnoghen said: “Avoid things that will embarrass the Judiciary and embarrass you, embarrass the country and your family.

    “I know you have been trying your best in that direction, please sustain the effort. Don’t get blackmailed. Don’t get intimidated. People will talk.

    “Obviously, in this society, nobody loses a case, because the law is against him. He loses the case because the judge does not like his face; the judge is this, the judge is that. But, the judge must be there, and that judge happens to be you,” he said.

    Justice Onnoghen also urged judges to be fair and always be guided by the law and Constitution.

    He assured that the Judiciary will protect and support judges, who abide by their oath of office and the provisions of the Constitution and the law.

    Justice Onnoghen said: “Justice Kafarati and other judicial officers, you are particularly reminded today of your oath, which you have taken. Be guided always by the Constitution of the Federal Republic of Nigeria and the law.

    “When you do that and continue to do that, you will have no problem. That will ensure justice to all and sundry, because there is nothing greater than the rule of law.

    “The scale you wield and the sword is mighty. When once you come to the conclusion that this side weighs more than that, you have to apply the legal truth, no matter whose ox is gored.

    “That is the only way you can ensure justice to all. That is the only way by which the judicial powers of this nation can be properly harnessed and enforced.

    “That is the only way we can ensure unity, because the sense of injustice breeds disunity. And it is our responsibility to ensure that we return to the good old days, we return to a Judiciary that. Commands respect

    “The perception will always be there, because you don’t strive to satisfy everybody, because if you do that, you would fail. If you do that, you will be a hypocrite. And a judicial officer is not a hypocrite.

    “It is either the man is right or wrong. Your duty is to say who is right or who is wrong. Stick to that. That is the only way by which we can go back home and sleep and, in fact, snore,” the CJN said.

    He urged Nigerians to continue to pray for the Judiciary, “because that is the only way our efforts can be sustained and we can weather the storm.

    “The judicial officers should be rest assured that once you are guided by the Constitution and the law, you have the full support of the Judiciary.”

    Justice Onnoghen praised the retiring Chief Judge of the Federal High Court, Justice Ibrahim Auta, for his contribution to country’s jurisprudence and service to the judiciary and the nation.

    He urged judges of the court to cooperate with Justice Kafarati to enable to improve on the court’s performance.

    Justice Kafarati, 62 years, from Kwami in Gombe State, takes over from Justice Auta, who tenure ends at 12 mid night on September 16.

    Justice Kafarati will continue to function in acting capacity until his nomination by the National Judicial Council (NJC) and his nomination confirmed by the President and subsequently by the Senate, as provided in Section 250(1) of the Constitution.

    Section 250 (1) provides: “The appointment of a person to the office of Chief Judge of the Federal High Court shall be made by the President on the advice of the National Judicial Council subject to confirmation of such appointment by the Senate.”

  • ‘Strange’ things judges, lawyers do

    ‘Strange’ things judges, lawyers do

    Law is an interesting profession. Practitioners describe themselves as “learned”. To them, other professionals are ‘’educated’’. But it is not all law when they are in court. There is room for some drama. Some lawyers share their experiences of courtroom drama with ROBERT EGBE.

    Shaming litigants

     

    On April 20, 2016, a Lagos lawyer Ugochukwu Ukamba sat on the front row in a courtroom at the Federal High Court in Lagos. There were a few cases on the case list ahead of his, so he passed time by watching the proceedings while waiting for his matter to be called. Two cases caught his attention.

    He said: “The first, a litigant who had been convicted and sent to prison sued the prison authorities for keeping him in prison beyond his prison term. In the main, his contention was that the prison authorities were wrong to have kept him in prison beyond his prison term and that he was entitled to damages.

    “In the circumstances of this case, one would have expected some sort of outrage from the judge, particularly considering that the prison authorities had not deemed it fit to file a response to the claims, despite being served with the court process. The judge asked the claimant’s counsel a rather worrying question: ‘Was he (the litigant) not eating while he was in prison? Who will pay for the food he ate?’

    In the second case, a litigant had sued the court bailiffs for exceeding the orders granted by the court. The litigant was a judgment debtor in a previous proceeding wherein the court had ordered the court bailiffs to attach his moveable properties in satisfaction of the judgment debt. Rather than attach only his moveable properties as directed by the court, the bailiffs also attached his immovable properties and locked the litigant out of his property for more than one week. The court, again, asked: ‘You were locked out for a week? Have you been allowed to enter your property?’

    “The questions in both cases were asked flippantly!”

    Ukamba concedes that when judgment is entered in both cases, it may well be in the claimants’ favour. But what he finds troubling is that “the attitude of the judges under reference appears to suggest that the claimants were pestering the courts with these trivial claims that could have been easily overlooked.”

    In his article, ‘Trivialising Justice: A culture of shaming poor litigants?’ Ukamba explains why this could happen.

    He said: “The judges’ sentiments are not without basis. If you have the faintest knowledge of the arduous conditions under which they work, you would sympathise with, and appreciate their reluctance to be weighed down by seemingly ‘mundane’ claims.”

    He noted, however, that this does not justify disdain for ‘small claims’ by the courts. He warns that such attitude might embolden ‘oppressors’of the ‘common man’ to further flagrantly infringe the rights of the oppressed.

    “Again,” Ukamba adds, “if a poor litigant – who, perhaps, has put himself through considerable strain to pay for the services of a legal practitioner – is made to feel like a burden to the court. This may create a sense of apprehension in the litigant to approach the court in the event that there are future infractions on the rights of the said litigant.”

     

    Soliciting bribes to

    kill a case

     

    Maduka Onwukeme and his client left the courtroom in Lagos as soon as their matter was concluded. His client, a busy man, had to make preparations for a trip to Dubai. They were hurrying to the car park when the prosecutor in the case ran out and joined them, brandishing the devotional of a popular orthodox Pentecostal church.

    Onwukeme narrates the story. He said: “Grinning from molar to molar, he calls us aside and tells us: ‘I can kill the case. Just pay N20,000.’

    “I couldn’t get my eyes off his unkempt coat and badly worn out shoes as I wondered how come he never wore good clothes with the demand for bribes and dirty money.

    “He was proudly holding the devotional he carries about in piety that made me conclude that only a mediocre will come to court with devotionals and praying books and not law books.

    “Well, I told my client who was desperate as he had to postpone his trip to Dubai many times on account of the case, like I always tell them not to give the guy a kobo. We eventually beat him in court and my client walked home free, saved from a six-month jail term and in time to travel the next week.

    “I know Mr.  Prosecutor will be in his church with a big bible and his usual devotional praying in tongues, but ready to receive and demand bribes next week.”

     

    Barring journalists from

    non-sensitive matters

     

    The common law rests in the bosom of the judge, so a legal maxim goes. This is because judicial officers are the repositories of the law. In a courtroom, they have the final say on what the law is or is not. They are presumed to know, for instance, that court proceedings are open to the public, including the press, except in exceptional cases such as matters involving national security, protection of minors, or other such sensitive issues.

    But, sometimes, things go awry.

    Last June 23, a judge of a Lagos High Court expelled journalists from three national newspapers from his court at the prompting of a government lawyer.

    The judge gave the order when lawyer complained about journalists always being in court to cover proceedings in the case.

    The case was a civil matter between several companies and the government.

    As the lawyer expressed concern that the press had been “employed” to cover the proceedings, the judge reportedly asked: “Are there journalists here?”

    She sternly asked them to identify themselves among the people sitting in the gallery and “honourably” walk out of the courtroom to save themselves from being “fished out and embarrassed” by the policemen attached to the court.

    The journalists in the courtroom stood up walked out immediately.

  • Federal High Court needs more judges

    SIR: Most governors, in exercise of their privilege of prerogative of mercy go round the various prisons in the country from time to time and grant pardon to some inmates who are serving various terms of imprisonment, some awaiting trial for various offences.

    A recurrent observation during these prison tours is that many inmates have stayed in the prison for much longer than the term of imprisonment they would have served if convicted. The congestion in various police cells and the prisons is one of the various problems of our legal and judicial system. Why are many inmates awaiting trial for unnecessarily long periods?

    One even wonders why many of these awaiting trial inmates stay longer than the terms of imprisonment they would stay on conviction. Is the society fair to these people?

    A government which cares about the welfare of the generality of the people should not allow this situation to continue. The Muhammadu Buhari administration with its change mantra should take up this challenge immediately. Something should be done to ensure that even handed justice is dispensed to all and sundry within reasonable time frame as justice delayed is justice denied. In this wise one praises the concerned agencies of the federal government that acted swiftly on the recent appointment of judges of the National Industrial Court. These courts now have judges to handle cases and dispense with them expeditiously.

    However one wonders why this is not the same situation with the judges of the Federal High Court. A close observation shows that the court is in dire need of judges, to replace those who have died, retired, or will soon retire.

    Several vacancies exist in the court and reliable information reveals that all the states have submitted names of recommended judicial officers to be appointed. The list has also been reviewed and the shortlisted candidates invited and interviewed by the State Security Service (SSS) and the Nigerian Bar Association in the usual screening exercise.

    However the result of the screening by these two bodies has long been awaited.

    It was only a few days ago that the NBA released its own. That of the SSS is still being awaited. How long this wait will last is now the issue. During the recent face-off between the S.S.S and the National Judicial Council (NJC), the latter was accused of not taking timely and appropriate action on judges accused of corruption.

    In this instance nobody will blame the NJC for this delay, as the final list of lawyers to be appointed judges has not been sent to them. What is causing the delay? When will the vacancies be filled? When will the numerous cases in the Federal High Court that have not been attended to due to shortage of judges receive attention? These questions need answers by those concerned

    This is a humble request to all the persons and institutions involved in taking appropriate action on appointment of judges including the Chief Justice of the Federation, the Nigerian Bar Association, State Security Service, the Federal Judicial Service Commission and the National Judicial Council to do the needful and ensure that on resumption from the present annual vacation, all available vacancies in the Federal High Court would have been filled.

    The Federal High Court is one of the most strategic and significant arms of our judiciary and it should be empowered with its required human capacity to continue the good job it is doing.

     

    • Kola Onifade,

    Lagos.

  • Gunmen shoot detective probing judges, others

    Gunmen shoot detective probing judges, others

    EFCC investigator receives treatment for gunshot wounds

    Gunmen have shot a top Economic and Financial Crimes Commission (EFCC) investigator,  Mr. Austin Okwor.

    The victim was said to be handling some “sensitive” cases, including those of some judicial officers.

    But the EFCC said Okwor, who escaped death by the whiskers, was responding to treatment. He had been receiving threat messages before the incident.

    A statement by the Head of Media and Publicity of the anti-graft agency, Mr. Wilson Uwujaren, said the incident had been reported to the police for investigation.

    The statement said:  “A top investigator with the Economic and Financial Crimes Commission, EFCC, on June 24, 2017 escaped death by the whiskers when gunmen opened fire on him  in Port Harcourt, Rivers State.

    “Mr. Austin  Okwor, an operative in the Property Fraud Section of the EFCC Zonal office in Port Harcourt, had closed late for the day and as he left office, he was suddenly accosted by a gang of daredevil hoodlums who opened fire on him.

    “Luckily for him, he was able to shake off his assailants but not without sustaining some bullet wounds as they kept firing at him. He was rushed to a private hospital in Port Harcourt where he is  receiving treatment.

    “According to Ishaq Salihu, Head of the Zonal office, the incident has already been reported to the Police in Port Harcourt.

    “Okwor is one of the operatives investigating some sensitive cases, including that pertaining to corrupt judicial officials.

    “Before the incident, the officer had been receiving threat messages. One of such messages, which he received sometime in May 2017, was reported to the Police.

    “This incident underlines the hazards which operatives of the Commission are daily exposed to in the discharge of their duties.

    “In 2010, precisely September 14, the head of the Commission’s Forensic Unit, Abdullahi Muazu, was shot and killed by unknown gunmen in Kaduna.

    “Six months earlier, a team of prosecutors returning to Enugu after a court appearance in Owerri, Imo State was attacked by gunmen who opened fire on them. Sergeant Eze Edoga, the police escort, was cut down while a senior counsel with the Commission, Joseph Uzor, was critically wounded but survived.”

  • Ekiti CJ slams lawyer for  conveying bribes to judges

    Ekiti CJ slams lawyer for conveying bribes to judges

    •‘Judiciary needs overhaul’

    Ekiti State Chief Judge (CJ), Justice Ayodeji Daramola, yesterday berated some lawyers involved in alleged inducement of judges to pervert justice.

    He described such action as “very dangerous to the fight against corruption”.

    Daramola regretted that some lawyers, who should be officers in the temple of justice, ferried bribes to judges, contrary to the ethics and tenets of their profession.

    The CJ spoke yesterday in Ado-Ekiti, the state capital, at the beginning of this year’s Law Week organised by the Ado-Ekiti branch of the Nigerian Bar Association (NBA).

    He spoke on the topic: Corruption: Origin, Effect and Mechanism for Curtailment.

    Daramola noted that though he held unflagging belief that the legal profession should not be rubbished, he opined that people working in the temple of justice must shun any form of inducement as well.

    Daramola said: “In the last one year, the legal profession has been the butt of ridicule and jokes due mainly to exposure of involvement of judges and lawyers in corruption cases that were primarily geared to obstruct and pervert justice.

    “Lawyers like Mafia Bookies and shacks, have become bagmen who now ferry bribes to judges. It is almost an impossibility for litigants to bribe judges without active involvement of lawyers.

    “The Bar and the Bench have become the focus of state agencies empowered by law to wage war against corruption. There have been insinuations in certain quarters on either ground or misguided belief that the executive is deliberately waging war against the Judiciary.

    “I rather don’t believe that is the issue. As much as I believe there is no perfect institution in the world, for credibility sake, the judges, like Caeser’s wife, must nevertheless be above board.

    “It is high time we judicial officers understood that we cannot compete with politicians in wrongdoings, because that may put such officer to a point of no return, as  politicians who committed similar offence may go to jail and come back to be elected or appointed.

     

     

     

  • NJC faults Sagay on recall of suspended judges

    NJC faults Sagay on recall of suspended judges

    The National Judicial Council (NJC) Saturday rejected the accusation made against it by the Chairman, Presidential Advisory Committee Against Corruption (PACAC), Professor Itse Sagay that the Judiciary was not in support of the current administration’s anti-corruption war.

    Insisted that its recent decision to recall the six judges suspended in the wake of  their investigation for corruption allegation by the Department of State Services (DSS),was in order.

    The NJC said in a statement that  the Judiciary was infull  support of the administration’s efforts to curb corrupt practices in the country and would  continue to do so within the ambit of the law.

    The council’s  Director of  Information, Soji Oye,who signed the statement also dismissed claim by the Special Assistant to the President on Prosecution, Okoi Obono-Obla that the Federal Government has appealed the acquittal of Justice Adeniyi Ademola of the Federal High Court.

    It said investigation by its officials revealed that there was no valid appeal filed yet against the April 5 ruling by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) acquitting Justice Ademola, his wife and a lawyer, Joe Agi (SAN).

    Justice Okeke had, in the ruling, upheld the no-case submission by Justice Ademola and his co-defendants, charged with corruption related offences. 

    The NJC expressed regret that the Executive was not cooperating with the Judiciary in cases of judges that have been recommended for either sack or compulsory retirement.

    The NJC said: ‘’contrary to the allegations by Professor Itse Sagay, (SAN), Chairman, PACAC, that Judiciary took a hasty decision to recall the Judges, and that it is not on board with anti-graft war of the Federal Government, the number of judicial officers that have been removed from office for misconduct particularly for corrupt practices since President Buhari administration came on board, that has been made public by NJC in October and November, 2016, speaks for itself in that vein.    

    “Some of the judicial officers were removed from office by dismissal or compulsory retirement by the President or Governors on the recommendation of the National Judicial Council.  

    “While a number of the judicial officers were reprimanded by Council in the exercise of its Constitutional powers to exercise disciplinary control over judges of superior courts of record in the Federation.’’  

    It claimed that  some of the judicial officers  it  recommended for dismissal or compulsory retirement from office by the presidency or Governors, have not to date been removed from office.  

    It added:”But for suspension of the affected judicial officers from office by NJC, they would have to date been still performing their Judicial duties. 

    “And these are officers that have been found culpable of gross misconduct by National Judicial Council after due process and diligent fact finding investigation by Council based on the Rule of Law enshrined in the 1999 Constitution of Federal Republic of Nigeria, as amended, NJC Judicial Discipline Regulations and Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.  

    “The NJC will soon issue an advertorial on the foregoing and list out the number of judicial officers that have since April, 2000 when it held its inaugural meeting to date, been dismissed or compulsorily retired by the President or Governors for gross misconduct or corrupt practices, on its recommendation; and also reprimanded by council by suspension or warning/caution.

    “Council is not oblivious of the fact that some major stakeholders in the Judiciary and justice delivery sector in conjunction with the Nigerian Bar Association, met with the Honourable Attorney-General of the Federation and anti-graft and security agencies before the judicial officers were recalled, to discuss the subject matter and in particular the fate of the judicial officers that have not been charged and arraigned.  

    “When no progress was made, the NJC, which is the only constitutional institution empowered to exercise disciplinary control over judicial officers for misconduct, decided to recall the judicial officers.

    “It is to be stressed that our criminal justice is also predicated on accusatorial system and not inquisitorial.  

    “Thus, every accused person is presumed to be innocent until his guilt is proved beyond reasonable doubt by the prosecution.  

    On Obono-Obla’s statement  that the Attorney-General of the Federation filed a notice of appeal against the ruling of  Justice Jude Okeke discharging and acquitting Justice  Ademola and 2 ORS on 7th April, 2017,the council said  the registry of the High Court of the FCT, Abuja, informed the Department of Information of the NJC that the AGF office filed two Notices of Appeal in the Court; the first one on 7th April, 2017, against Justice  Ademola, his wife, and  Agi, while the
    second one was filed on 6th of June, 2017, two days after the press release was issued by the NJC, with additional grounds of appeal against only Ademola. 

    “It is on record that when the parties were invited by High Court of the FCT for settlement of records to be transmitted to the Court of Appeal on 18th April, 2017, the Appellant failed to turn up,’’ the NJC said.

  • Judges celebrate Lagos at 50

    Judges celebrate Lagos at 50

    A special session has been held by the Lagos State High Court as part of activities to mark Lagos at 50. ADEBISI ONANUGA reports

    JUDGES and other stakeholders converged on the high court premises at Igbosere to celebrate the judiciary’s successes as part of the activities marking Lagos at 50.

    The special court session was held at court’s foyer.

    Aside from the host and Chief Judge, Justice Olufunlayo Atilade and serving judges, others who attended included some former Chief Judges – Justices Samuel Ilori, Augustine Ade-Alabi and Ayotunde Phillips

    The state is the oldest judiciary in the country. Its existence, according to Justice Atilade, dates back to the cession of the British Government when it was known as Colony Province Judiciary.

    Justice Atilade said the Magistrates’ court was the first to be established. The High Courts, she said, was formally known as the Supreme Court, with its jurisdiction limited to Lagos.

    She said on attainment of self-government,  the Federal Territory of Lagos inherited the two court systems – the Magistrates’ and the Supreme Court.

    “At the creation of the Federal Supreme Court, the Lagos Supreme Court became High Court of the Federal Territory Lagos and Justice J.I.C. Taylor (John Idowu Conrad Taylor) became Chief Justice of the court on July 22, 1964. But today, the title of that office is Chief Judge of Lagos state’, she stated.

    The chief judge also recalled that the Igbosere High Court building was the headquarters of the court and is the oldest and recognisable judicial building in Nigeria.

    She said the Lagos judiciary, being the foremost judiciary in the country, is renowned for excellence and numerous pace setting achievements. Justice Atilade said the state judiciary is fully aware of their constitutional role as the third arm of government.

    She pointed out that their  commitment to dispense justice as an independent and unbiased arbiter has been reinforced by their resolve to ensure justice to all who approach the temple of justice.

    She said the outstanding performance of the state judiciary have over the years have been compelled by their desire for excellence.

    She said this explained why the state judiciary has produced jurists of immense qualities most of whom are still serving the nation. The state judiciary, she further stated is the most vibrant  and the largest in the federation with 57 judges, 138 magistrates adding that the size is a reflection of the high volume of cases in the jurisdiction.

    Atilade promised that the judiciary would continue to invest in human resources to improve service delivery and statutory duties.

    Governor Akinwunmi Ambode commended the judges and magistrates in the state for building public confidence in the judiciary.

    The governor, who was represented by the Secretary to the State government, Mr Tunji Bello, said he was “particularly happy with the quality of their judgments which most superior courts have upheld’’.

    “­On behalf of the good people of Lagos State, I say well done and more power to your elbow,’’ he said.

    Ambode said his administration would continue to support the state judiciary with necessary materials to ensure its efficiency and effectiveness.

    He however noted that the journey in the last 50 years has not been rosy for the judiciary.

    He said notwithstanding the achievements of the judiciary, more still needed to be done in view of the fact that Lagos, as the commercial nerve centre of West Africa presently cater for about 20 million people which continued to grow by the day.

    He said: “This means more work for the state government in the area of security, infrastructure, social welfare and for the judiciary, more and more litigation which would require the quickest dispensing of justice, more especially as it affects investor’s within the state, to continue to encourage them to invest in the Lagos dream and project “.

    Justice Ilori, who spoke briefly on the topic “Down memory lane”, recalled an event which captured how judges were revered and feared in the past, said no judiciary in Nigeria has a glowing edifice like the Igbosere High Court building. He thanked successive chief judges for keeping the building in good shape.

    Justice Ilori recalled that the state had always produced quality lawyers and that this had reflected in the quality of judges on the bench. His memory of the past as a practising lawyer elicited laughter from  the foyer.

    He said judges during his days were revered and feared. He recalled  an incident which he used to buttress this position.

    He said two men were about entering  Igbosere High Court when they saw a judge coming. He said of one them quickly told the other to remove his cap. He  asked why he should do so. He said the first now said, better remove it, you can’t wear your cap in front of a judge. You don’t know those judges, they can see through the walls and before you know it, you are in trouble. He said the man became so terrified of the judge that he quickly removed his cap.

    On the nature of the judges, Ilori said: “I think all the judges that have served and presently serving  in the Lagos judiciary were specially made for Lagos. They don’t dance, they don’t attend parties, they don’t visit friends. We need the courts to come back same way. Judges must know that the judiciary is embedded in their personality. This is why judges must not do anything that would tarnish that position. I pray God to uphold them in the delicate job they are doing”.

    He said the High Court, Ikeja was like a court in a foreign land and that lawyers who were not well-prepared dared not  go there. He said  Iya Oniyan’s bukateria was where the practising lawyers would gather at the end of various court session to analyse proceedings and the judges.

    “We know judges who know their onions, we know those to fear and the no nonsense ones. We know Lagos judiciary not only by the quality of lawyers but also by the quality of judges”.

    Pa Tunji Gomez, a member of the Body of Benchers, who spoke on behalf of the bar, commended the judges for their impartiality, boldness and courage.

    Mr Ebun Sofunde, who spoke for the Senior Advocates of Nigeria (SANs), praiseed the first Chief Judge of Lagos, Justice Taylor, who he said, sat punctually at 9.00 a.m. He said Justice Taylor founded the Lagos judiciary on the rule of law. To buttress this, he recalled an incident when he handled a case of some robbers brought before him in shackles. He ordered the shackles removed.

    Sofunde urged judges and lawyers to stand up and emphasise those traits that Justice Taylor stood for as the foundation for Lagos judiciary.

     

     

  • Judges who brought shame to the judiciary must be punished – Sagay

    Judges who brought shame to the judiciary must be punished – Sagay

    Chairman, Presidential Advisory Committee against Corruption, Professor Itse Sagay has said that Judges who brought shame to the judiciary must be punished for authority, power and dignity of the judiciary to be restored.

     

    Also to be punished, according to Prof. Sagay, are public servants n politicians who conspired to bribe and corrupt the judges.

     

    Prof. Sagay said Senior Advocates of Nigeria ‘who shamelessly approach judges and introduce them to culture of corruption deserve harsh punishment.

     

    Speaking in Benin City on Monday at the 2017 Annual Law Week of the Nigeria Bar Association, Edo State Branch, Prof. Sagay urged the Economic and Financial Crimes Commission, to investigate, arrest, and jail lawyers who receive loots as fee from corrupt public servants and politicians. 

     

    In his paper titled: “Corruption in the judiciary; the disciplinary role of the NJC vis-à-vis law enforcement agencies”, Prof Sagay said Judges must be perfect and remain the repository of honour, integrity and high moral authority.

     

    He said when the law court across the country failed to interpret, apply and enforce the law, the existence of the any civilized society will be endangered adding that loss of confidence in the judiciary will amount to chaos and disintegration.

     

    “No one ever expected judges to throw caution, rectitude, honour, justice and the credibility of the judiciary to the winds by selling his judgment. This is the destructive culture brought about by election petitions which has spread like epidemic through our formerly hallowed judicial system.

     

    “The disciplinary procedures of the NJC were not set up for such crime. That is why tragically we are now experiencing judges being tried in court like common criminals. That is why the anti-corruption and security agencies have taken it upon themselves to continue from where the NJC’s authority ends.

     

    “The bottom line is that judges enjoy no immunity from investigation, arrest, trial and conviction.

     

    “In order to restore the authority, power and dignity of the judiciary, we must go through extra ordinary painful process of punishing those who have brought same and obliging to that sacred institution.

     

    “Lawyers should be treated like accomplice after the fact because they share in the proceeds of the crimes of politically exposed persons and once paid from that stained loot, it becomes their life’s struggle to protect and shield the primary criminals from the consequences of their crime.”

     

    In his keynote paper, Prof. Lawrence Atsegbua, stated that the law has failed as a tool of fighting corruption ‘because in spite of laws prescribing stiff penalties for corruption, more money than ever has been stolen from the public coffer by corrupt means.’

     

    Atsegbua noted that all the laws against corruption would fail if disequilibrium in the social status of citizens were not met.

     

    He said Nigerian leaders lack the political will to fight corruption a situation which has hindered socio-economic development.

     

    Atsegbua said, “Corruption has become institutionalized in Nigeria. Despite several efforts by successive governments to curb corruption by the passage of several anti-corruption legislation, it is now clear that corruption can’t be fought solely by legal prescription.

     

    “Fighting corruption within the rule of law in a Democratic society will fail because, the laws divergence from society environment, social and economic inequality in society, lack of implementation capacity and the gain of law breaking exceeds the loss of punishment.

     

    “No matter the number of laws therefore passed by the National Assembly, corruption will still remain a landmark in Nigeria. 

     

    “Unless the state start living up to its responsibilities in providing functioning health services, education, electricity, payment of salaries and gratuity as and when due, the law will fail in its quest to fight corruption in Nigeria.

     

    “The fight against corruption in Nigeria ought to be structural leading to attitudinal change in order to make citizen aversion to corruption a matter of more conviction rather than one legal coercion”.

     

    Chairman of the occasion and Chief Judge of Edo State, Justice Esther Ikponmwen, said corruption if not tackled may continue to hamper the growth and development of the country.

     

    Justice Ikponmwen regretted that the judiciary has been affected by the sting of corruption noting that any act that deviates from acceptable standard of the law profession is corruption.

     

    She said successive governments have sought to fight corrupt practices without much result unlike the ongoing corruption fight which has yielded positive outcome.

     

    Justice Daniel Okungbowa in his paper said corruption would stop in Nigeria with the removal of immunity clause and ability to recall lawmakers.

     

    He also prescribed the death penalty for corrupt officials.

  • CJN urges judges to uphold judicial integrity

    CJN urges judges to uphold judicial integrity

    …Swears in Acting Grand Kadi for FCT

     

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has advised judges in the country to always strive to uphold the integrity of the judiciary.

    He urged them shun unethical conduct, including corruption, because the onus was on judges to continue to protect the sanctity of the Judiciary.

    Onnoghen noted that the Judiciary was undergoing difficult times, but said the task was on members of the Bench to endure reversal of the current trend.

    The CJN spoke in Abuja yesterday at the swearing-in ceremony of Ibrahim Imam as the Acting Grand Kadi of the FCT Sharia Court of Appeal.

    He urged Nigerians not to relent in their prayers for the Judiciary, noting that it was only God, who rules the hearts of men that can direct lawyers and judges to embark on positive courses.

    The CJN urged Imam allow himself to always be guided by the Almighty God and the law when ruling in the affairs of people.

    “You must ensure that justice is served irrespective of the leanings of parties.

    “You also require prayers and close intimacy with God to perform your duties well.

    “In the circumstance, I urge the family members to always pray to God on your behalf and to also try to make the home peaceful,’’ Onnoghen said.