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Tag: Judicial

  • Kashamu: Echoes from a judicial respite

    Kashamu: Echoes from a judicial respite

    Following the judgment of the Ogun State Election Petition Tribunal that Senator Buruji Kashamu was validly elected to represent the Ogun East Senatorial District in the National Assembly, Assistant Editor, Dare Odufowokan, reports on the reactions of stakeholders

    Expectedly, reactions have been varied and diverse over last Monday’s verdict of the Appeal Court sitting in Ibadan, the capital of Oyo State, which set aside the judgment of the Ogun State Election Petition Tribunal and ruled that Senator Buruji Kashamu was validly elected to represent the Ogun East Senatorial District in the National Assembly.

    Consequent upon the pronouncement by the learned judges that the embattled senator should remain in office as senator, the rerun election ordered by the tribunal would no longer hold. Thus, political activities in the senatorial district, which were on high pitch in preparation for the rerun poll, have mellowed down.

    Buruji, the candidate of the Peoples Democratic Party (PDP) in the last national assembly election, was dragged before the tribunal by Dapo Abiodun of the All Progressives Congress (APC) on allegations that his declaration as the winner of the Ogun East Senatorial Election by the Independent National Electoral Commission (INEC) was done in error.

    Delivering his judgement, the Tribunal Chairman, Justice Ebiowei Tobi, said that the election was marred with irregularities and non compliance with the Electoral Law. It ordered fresh election in 110 polling units across the senatorial district. Although no date was fixed for the fresh election, the tribunal chairman directed that the exercise should hold within 90 days.

    But Kashamu won at the appellate court. Reading the lead judgment, Justice M.L Shuaib, held that the tribunal erred and was partisan, adding that it descended into the arena and scouted for evidence to nullify Kashamu’s election and to truncate his victory.

    He held that it was curious, illogical and perverse of the tribunal to place so much reliance on the evidence of a prosecution witness labeled as PW44 and further admit as evidence documents that were clearly inadmissible under the law and also act on such evidence to truncate Kashamu’s victory.?

    The three man panel further held that the case of Prince Dapo Abiodun and the All Progressive Congress is a non issue as the material used to nullify the results of elections in some polling units and order re-election is inadmissible in law. The three man panel, comprising of Justices  A.G Msheila, M.L Shuaib and Ignatius Agube, also adopted the same judgment for the cross petition filed by Prince Adedapo Abiodun.

    Bumpy road to respite

    It was not an easy walk to the judicial respite for Senator Kashamu as he had to petition the President of the Court of Appeal, Justice Zainab Bulkachuwa, demanding the disbandment of the Ogun State Court of Appeal Panel sitting in Ibadan over allegations of inducement, influence peddling and pervasion of justice.

    In two separate petitions written last November to the President of the Court of Appeal, the PDP and Kashamu alleged that the APC had through a Senior Advocate of Nigeria compromised the members of the Appeal Panel empanelled to entertain appeals arising from the outcomes of the National Assembly and States Assemblies Elections petitions in Ogun State.

    In the petition dated November 18, 2015 and signed by the Secretary of the PDP in Ogun State, Alhaji Semiu Shodipo?, the party faulted the decision of the tribunal in ordering fresh elections in certain wards, even when APC did not make such prayers.

    According to Shodipo, the “allegations of compromise of the trial tribunal members by the APC candidates led to petitions submitted to the National Judicial Council against the said tribunal members. This petition is however written to seek your Lordship’s intervention in respect of the appearance of a clear likelihood of bias on the part of the Justices of the Court of Appeal empanelled to sit as the Elections Petitions Appeal Tribunal (at the Court of Appeal, Ibadan) in respect of appeals from the judgment of the Ogun State trial Tribunal”.

    He added: “It is in the above circumstances that we humbly request that you intervene and save us from a situation that could occasion a miscarriage of justice by reconstituting the panel in such a way that its independence and impartiality may be guaranteed.”

    As a result of Kashamu’s allegations, it was a new panel, which took over from the earlier one, accused of bias by Kashamu, that eventually delivered judgment on the appeal to all parties in the case, in spite of spirited efforts by the APC and other parties, to caution the Judiciary against allowing itself to be stampeded by the petitioners.

    Implications

    Apart from politicians giving mixed reactions over the development, residents of the senatorial district also spoke on the implications of the judgment, which has put paid to any hope that Kashamu may still be displaced from the national assembly by the courts. From Ijebu Ode to Sagamu, echoes of the judicial respite handed the embattled senator by the Ibadan court keep reverberating.

    As expected, Kashamu hailed the judgment of the appellate court, describing it as a victory for democracy and the good people of Ogun East Senatorial District.

    ?”I dedicate this victory to the Almighty Allah ‘Sub ana wata’alla.’ I am happy at the verdict of the Court of Appeal. I am happy that justice has been served. I am particularly elated that the judiciary has once again risen to the occasion as the last hope of the common man.?I am happy that despite the ills of our society, the judiciary still boasts of men and women of integrity and great courage who can resist filthy lucre and stand up for the truth and justice.

    “I salute the good people of Ogun East Senatorial District who overwhelmingly gave me their mandate. I thank my party leaders, elders, associates and supporters, for standing by me all through the litigation. I thank my legal team, the media, clerics, the youths,  students, artisans, okada riders, market men and women, for their best wishes, prayers and support,” he said.

    But a chieftain of the APC in the state, Chief Tele Buraimoh, cautioned the senator against labeling his victory as that of democracy because, “Everything about Kashamu is undemocratic. How then can he say his questionable victory is that of democracy and the good people of or district? It is neither. Although the court has the final say, the fact remains that Kashamu is not the best we can have as the senator representing us in the national assembly.

    “And for those of us who were on ground here in Ijebu during the election, it is not possible to forget all that we witnessed simply because Kashamu’s lawyers did a good job of convincing the Appeal Court on his case. The judges were not here. They merely relied on the evidences brought before them. We witnessed many things that were not mentioned in the court.

    Ogun East will come out of this better. We have learnt our lessons and I am sure the people know better now. How can Kashamu concentrate at the national assembly when the NDLEA recently announced that his case with them is not over yet? How can he represent us appropriately when he is still needed in America to defend himself? For me, the implications of this verdict on the good people of Ogun East are many, but the law is the law,” he said.

    However, Comrade Bosun Adetu, convener of the Vigil for Good Governance (VFGG), is of the opinion that the scenario in the senatorial district is a typical example of democracy at work. According to the Sagamu, Ogun State-born pro-democracy activist, “those complaining about the type of representation we will get from Kashamu in the national assembly need to learn about the tyranny of the majority.

    “While I will continue to say that Ogun East, an area that produced political giants like the late Chief Obafemi Awolowo, Chief Bisi Onabanjo, Pa Abraham Adesanya, Chief Olabiyi Durojaiye, Pa Lanihun Ajayi, Senator Gbenga Kaka, Otunba Gbenga Daniel and numerous others, should be represented by a better person at the national assembly, I am of the opinion that the verdict reflects democracy at its best.

    At times, the majority becomes tyrannical and imposes the very wrong option on the people even when the minority tries to point the right way to go. When this happens in a democracy, we all pay the price and bear the brunt. This is the exact scenario in Ogun East today. During the election, our people made a choice. The Appeal Court just affirmed that choice. Good or bad, we must live with it and learn from this incident,” Adetu said.

  • Land tussle: Community rejects judicial commission’s chair

    The people of Ibagwa-Nike community have pleaded with Governor Ifeanyi Ugwuanyi to reverse the appointment of Mr. Albert Edoga as the chairman of a judicial commission of inquiry on Ibagwa Nike crisis.

    Ugwuanyi had recently set up a judicial commission of Inquiry into the land crisis rocking the community in Enugu East Local Government Area of the state, with a view to providing a lasting solution to the lingering crisis.

    But the Ibagwa Nike General Assembly in a letter to Governor Ugwuanyi dated October 27 2015, while appreciating the effort of the governor, raised serious objection against the chairman of the commission, Edeoga, whom the community alleged has vested interest in the land crisis.

    According to the letter signed by ten prominent leaders of the community including Chief Anike Nwoga and Mr. Cyril Mbah, an engineer, the people alleged that Edoga, who is a former commissioner for lands in the state, contributed in no small measure to the problem of the community in area of land allocation.

    Part of their petition reads: “Barrister Edeoga on many occasions connived with Igwe Emmanuel Ugwu to disposes individuals and families of their land in the name of government acquisition when he was commissioner for lands and urban development.”

    The petitioners cited the so called Gateway layout as a clear case where individuals and families were dispossessed of their land.

    The petitioners further alleged: “Igwe Emmanuel Ugwu realising that he cannot have access to the land without resistance now ran to Edoga and all manner of government machinery was deployed to forcefully take over people’s patrimony.”

    They pleaded that the commission be peopled by those with no immediate or remote attachment to any of the issues in the community.

    They congratulated Governor Ugwuanyi for coming to their rescue and pledged more support for his administration.

     

  • Wike’ judicial faux pas

    SIR: The highest judicial body of the land – the Supreme Court – was carpeted by the Rivers de jure Governor Nyesom Wike over its recent decision in the case involving him; the same with the electoral tribunal whom he also accused of compromising its judicial briefs after he lost at the tribunal.

    Wike’s professional background as a lawyer could not attenuate his provocative invectives and disparagement of the hallowed bench; even the highest judicial body was not spared. The PDP whose spoke- person is also a lawyer took this infantilism a notch higher by threatening civil disobedience. This political desperation is a product of zero sum game that underpins PDP’s ideological template from inception. It is rather unconscionable for a party that recorded victory of all its NASS members at the same tribunal to turn round and impugn the integrity of the same tribunal when the chips were down.

    The Nigerian Bar Association and the National Judicial Council should halt this macabre dance of judicial insults by meting appropriate discipline to lawyers who having the options of appeal deliberately attempt to sentimentally gain undue advantage by painting judges in bad light thereby putting the integrity of the whole judicial institution on harm’s way.

     

    • Bukola Ajisola,

    Lagos

  • Oil theft: Slow judicial process hampers efforts, says EFCC

    Oil theft: Slow judicial process hampers efforts, says EFCC

    The fight against oil theft and operation of illegal refineries remain a mirage because of slow judicial process, the Economic and Financial Crimes Commission (EFFC) has declared.

    Its Head, Assets Forfeiture Unit, Hameed Bawa, stated this at the base of the Nigerian Navy Ship (NNS) Delta in Warri where the Flag Officer Commanding (FOC) of the Central Naval Command, Rear Admiral Apochi Suleiman, handed nine suspected oil thieves and a vessel over to the anti-corruption body.

    Bawa said the prosecution of suspected oil criminals by security agencies has been stunted by slow judicial process.

    According to him: “The challenge everybody knows we have is the judiciary. Once we receive suspects and assets used for oil thieves as we have done today, we do further investigations and start prosecution immediately but it takes so long for a case to be concluded.”

    Suleiman, who explained the circumstances that led to the arrest of the suspects, said although they had naval clearance to lift a certain amount of refined products, the vessel and its crew was nabbed for violating the clearance.

    He explained: “The ship got a valid clearance by navy to lift 10,000 litres of Premium Motor Spirit (petrol) from Matrix, a private tank farm near NPA Warri, but a naval patrol team allegedly caught the same ship and nine-man crew using the permit to lift diesel from a far off illegal refinery in Kantu, Warri South West local government area, Delta State.”

  • Judicial commission seeks clarification on N60m payment

    The Justice Elizabeth Kpojime Judicial Commission of Inquiry  has ordered the Benue State Ministry of Finance to provide clarification on the N60 million given to the Federal Ministry of Internal Affairs on February 20, 2013 under the caption ‘Handling Charges. It also directed the Ministry and office of the Attorney-General as well as Head of Service of the state to ensure that all documents contained in the summons issued to them are submitted to the Commission at its next sitting.

    Chairman of the Judicial Commission, Justice Kpojime gave the directives at last Friday’s sitting following the verbal application for additional time by the permanent secretary, ministry of finance Mrs Ruth Ijir and the permanent secretary, office of the head of service, Mr Joseph Oko, who appeared before the Commission. Justice Kpojime also ordered the affected witnesses to provide evidence of directives for the disbursement of funds as contained in the documents they had submitted. She said it was necessary that every witness to the Commission tenders all documents listed in the summons demanding the appearance of the witness.

    Presenting some of the requested documents, two of the witnesses, the permanent secretary, ministry of finance, Mrs Ruth Ijir and Mr Gabriel Ameh, an assistant director, office of the accountant general of the state who were led in evidence by the lead counsel to the Commission, Mike Agber, made varying submissions on the appropriation of funds in the period under review.

    Mrs Ijir tendered documents, which were the statement of Zenith Bank account operated by the state government between the first of June, 2007 and 30th June, 2015. Other documents submitted by the permanent secretary were details of withdrawals from the sale of Benue State government shares in Zenith Bank amounting to N5.3 billion; details of the payment for the contract of biometric registration of workers; details of beneficiaries of the state taxi scheme, as well as the N1 billion Central Bank loan to Benue state on agriculture credit scheme.

    Mrs Ijir, however, said details of those who bought bank shares in Zenith Bank could be obtained from the Benue State Investment and Property Company, BIPC. Similarly, Mrs Ijir said details of bonds taken by the state government could be obtained from the office of the attorney-general of the state.

    Another issue on which the Commission sought clarification was the expenditure on foreign and local trips by the immediate past Governor. Responding, Mrs Ijir promised to submit during the sitting of the commission, details of the expenditure on foreign trips undertaken by the former Governor as disbursed by the ministry of finance.

    Earlier in his witness, the assistant director, office of accountant general, Mr Gabriel Ameh had submitted documents on the dispatch register for the disbursement of funds to ministries, departments and agencies of the state. He also tendered documents on approvals for the N13 billion loan obtained by the state government during the previous administration. Other documents he submitted were on SURE-P funds, the N1 billion CBN agric loan, N500 million emergency funds for flood management in the state as well as approval for the sale of state shares and remittances.

    When the lead counsel to the Commission raised the point that the memo sent to it by the accountant general’s office indicated that the indebtedness of the state as at May 2015 stood at N120 billion, Mr Ameh however said he could not confirm the figures until he was given more time to go through the financial records once again.

    Members of the Commission demanded further clarification on the disparity in the figures contained in the documents tendered by the ministry of finance and the office of the attorney-general which in according to the records of the finance ministry, showed that total receipts of the state government in 2012 were N4.4 billion while records from the accountant-general’s office indicated that total receipts for the same year stood at N9 billion. Disparity was also observed in year 2013 which showed total receipts as N3 billion according to finance ministry’s records while evidence from the accountant-general’s office put total receipts for the same year at N6.6 billion.

    The last witness to appear before the Commission for the day was the Head of Service, Adaikwu Inwata whose presentation was brief giving way for the permanent secretary administration, office of the Head of Service, Mr Joseph Oko who promised to furnish the Commission with details of SURE-P funds in its next sitting. The Judicial Commission of Inquiry adjourned its sitting to the 28th of September this year.

     

  • Judicial corruption: Why judges pay the price alone

    Judicial corruption: Why judges pay the price alone

    Perhaps, overwhelmed by deluge of accusations leveled against the Judicial Officers in the country, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed had on June 24, 2015 decided to use the opportunity offered by a seminar that was organised by the anti-corruption commission of the Nigerian Bar Association (NBA) to ‘’fire back’’ at some unintended targets.

    He said contrary to the much-talked about corruption in the Nigerian judiciary, only 64 out of the whole lots of 1,020 judges serving in the superior courts have so far been punished by the National Judicial Council (NJC) for various offences, especially on corruption between 2009 and 2014.

    Besides, the Bench cannot be clean if the Bar that gives birth to it is filthy. “Unless we work in synergy to ensure that only fit and proper persons remain in our midst, it will be impossible to expect a different Bench when its origin remains the same. I hereby call on the leadership of the Bar to expunge from its ranks such persons whose conduct may be unfit, improper, dishonest or unethical’’, the CJN thundered out.

    The CJN went further to say that it is rather curious that none of the beneficiaries of those involved in compromising standard of justice or buying and selling of judgements have ever been tried and punished by those in charge of criminal justice administration in the country.

    “It is, however, sad to note that the public officials and persons who benefit from corrupting Judicial Officers are never investigated, apprehended or even prosecuted, even though the Judiciary disciplines its own. The basic question, my lords, ladies and gentlemen is, how can we stop corruption when the scale is seemingly tilted in favour of the beneficiaries,’’ Justice Mohammed asked.

    The last quiver of the CJN’s arrows would remind the legal system historians of the pre-modern Europe when crime was viewed as a private matter in Ancient Greece and Rome. Even with offences as serious as murder, justice was the prerogative of the victim’s family and private war or vendetta the means of protection against criminality. Corruption in the judiciary cannot abate unless and until the Federal Government stops regarding such criminality as the family affair or private matter for the judiciary.

    According to the former CJN, Justice Mariam Aloma Mukthar, the judiciary doesn’t have a garrison of army to fight its cause or enforce its orders and decisions.  NJC, for instance, can only recommend disciplinary actions against erring judicial officers for approval and enforcement by the President. It cannot go further to levy charges against the judge for his or her criminal acts; neither could NJC prosecute the persons that bribed the judge for instance to balkanise cause of justice. The commission doesn’t have criminal investigation unit or ‘’Fraud Detective Squad’’ to detect and investigate criminal involvement of any judicial officer. It can only put the judge on trial if there is a petition filed against him or her, again, the trials are based mostly on documentary evidence which is hard to get.

    This is what put Justice Mahmud Mohammed’s 64 over 1020 percentage of corrupt judges in the judiciary to disrepute. Though this is not the focus of this discourse, but the fact remains that the CJN’s hypothesis on numerical strength of corrupt judges is not proportional to casualty figure of those that had suffered from rampart bad judgements, judiciary rot or indignity in Nigeria within the same period of time. This is not to disparage this revered jurist, but to deal with the obvious.

    Back to the thrust of this discussion, it is the duties of the state to detect, investigate, prosecute and apply appropriate punishment to serve as deterrent for criminal acts in any clime. None of those 64 judges sacked by the NJC was ever prosecuted; yet, the pronouncement of some of them led to blood shed or mini civil war in the country, especially those who were sacked for their pronouncements which led to the ignominious June 12, 1993 Presidential Election annulment by the then Military President Ibrahim Badamasi Babangida.  None of those that conspired with any of the 64 judges sacked by the commission for compromising the standard of justice was prosecuted and punished by the state in the country.

    Let us take a look at what obtains elsewhere. In 2008, two American judges, President Judge Mark Ciavarella and Senior Judge Michael Conahan, were accused of taking more than $2 million cash bribes from Robert Mericle, a private prison owner to hand young offenders’ maximum sentences in return for kickbacks amounting to millions of dollars. The scandal which was later dubbed as ‘’kids for cash’’ was revealed during disciplinary hearings over the conduct of another former Luzerne County judge, Anne H. Lokuta. Lokuta was brought before the Judicial Conduct Board of Pennsylvania (similar to NJC) in November 2006 to answer charges of using court workers to do her personal bidding, openly displaying bias against some attorneys arguing before her, and publicly berating staff to cause mental distress.

    The board ruled against Lokuta in November 2008 and she was removed from the bench. During the course of the disciplinary hearings, Lokuta accused then Judge Michael Conahan of bullying behavior and charged that he was behind a conspiracy to have her removed. Lokuta aided the federal investigation into the “kids for cash” scheme prior to the determination of the disciplinary board, and a stay order was issued in March 2009 by the state Supreme Court in light of the ongoing corruption investigations, halting Lokuta’s removal and the election that was to be held in May to replace her.

    The Federal Bureau of Investigation and the Internal Revenue Service also investigated the two judges while probing practices in Luzerne County. The two judges were subsequently charged before the court. A federal grand jury in Harrisburg, Pennsylvania returned a 48-count indictment against Ciavarella and Conahan including racketeering, fraud, money laundering, extortion, bribery, and federal tax violations on September 9, 2009. By August 11, 2011, Mark Ciavarella was sentenced to 28 years of imprisonment and ordered to pay $1.2 million in restitution after he was found to be a ‘’figure head’’ in the conspiracy that saw thousands of children unjustly punished in the name of profit in the case that became known as ‘’kids for cash’’.   He is currently being held at the Federal Correctional Institution, Pekin, a federal prison in Illinois which holds minimum and medium security inmates. He is scheduled for release in 2035, when he will be 85 years old.

    On September 23, 2011, Senior Judge Michael Conahan was sentenced to 17 and one-half years in federal prison after pleading guilty to one count of racketeering conspiracy. He is currently being held at a minimum security facility at the Federal Correctional Complex, Coleman in Florida. He is scheduled for release in 2026, when he will be 74 years old.

    Robert Mericle, the prominent real estate developer who built the two juvenile facilities, pleaded guilty on September 3, 2009, to failing to disclose a felony, for not revealing to a grand jury that he had paid $2.1 million to Ciavarella and Conahan as a finder’s fee. As part of his plea, Mericle agreed to pay $2.15 million to fund local children’s health and welfare programs. Mericle faced up to three years in prison and a maximum $250,000 fine. On April 25, 2014, Robert Mericle was sentenced to serve one year in Federal Prison.

    On November 4, 2011, Powell was sentenced to 18 months in federal prison after pleading guilty to failing to report a felony and being an accessory to tax conspiracy. He was incarcerated at the Federal Prison Camp, Pensacola, a minimum security facility in Florida, and was released from a halfway house on April 16, 2013.

    Just as it is the fate of the judiciary in Nigeria presently, the systemic corruption led to the formation of the Operation Greylord, an investigation conducted jointly by the Federal Bureau of Investigation, the IRS Criminal Investigation Division, the U.S. Postal Inspection Service, the Chicago Police Internal Affairs Division and the Illinois State Police into corruption in the judiciary of Cook County, Illinois (the Chicago jurisdiction). The FBI named the investigation “Operation Greylord” after the grey curly wigs of British judges.

    The three-and-half-year undercover operation took place in the 1980s. The first listening device ever placed in a judge’s chambers occurred in the undercover phase, when the narcotics court chambers of Judge Wayne Olson were bugged. To acquire evidence of corruption, agents obtained U.S. Department of Justice authorisation to present false court cases for the undercover agents/lawyers to fix in front of the corrupt judges

    A total of 92 people were indicted, including 17 judges, 48 lawyers, 10 deputy sheriffs, eight policemen, eight court officials, and state legislator James DeLeo. Of the 17 judges indicted in the trials, 15 were convicted.

    In 1994, a panel of enquiry, headed by respected late jurist, Justice Kayode Eso, found startling evidence of corruption among judicial officers. It recommended that 47 errant judges be sacked, among other far-reaching reforms. A review panel in 2002 under Justice Bolarinwa Babalakin was confronted with the mysterious disappearance of vital documents attached to the Eso panel report. Only six of the 47 indicted judges were eventually sacked. Irked by persistent reports of corruption, the NJC has tried in the past to act. It sacked a former chief judge of Plateau State and suspended a former CJ of Anambra State. Two other judges, Okechukwu Opene and D.A. Adeniji, were sacked for taking bribe on the matter of the senatorial election in Anambra State. Stanley Nnaji, an Enugu High Court judge, was penalised for assuming jurisdiction in a matter outside his state, as was Wilson Egbo-Egbo, who had allegedly been compromised during the Chris Ngige and Chris Uba imbroglio in Anambra State. A total of nine judges were retired in 2004 for granting suspicious ex parte motions. Five others were implicated in the 2003 Election Petition Tribunal in Akwa Ibom State.

    They adjudicated on the petition against the re-election of ex-Governor Victor Attah by Ime Umanah, former candidate of the defunct All Nigeria Peoples Party, ANPP, at the election. By the time the NJC concluded its job, Justices Matilda  Adamu, Christopher P. N. Senlong and Chief Magistrate James Isede had earned themselves dismissal from the judiciary; while two others, Justice D. T. Ahura and A. M. Elelegwu of the Customary Court of Appeal were recommended for suspension.

    The Federal Government, after approving the verdict of the council on the higher officers in February 2004, sent their case files to the Independent Corrupt Practices and other Related Offences Commission (ICPC) for trial. Nothing has been heard about them at the ICPC end since then. Neither the judicial officers sanctioned by the NJC nor the beneficiaries of their felony have ever been convicted. Only the judges involved even get partially punished.

     

     

     

     

     

  • ‘States should enforce judicial autonomy’

    ‘States should enforce judicial autonomy’

    Mr Uwemedimo Nwoko is the Akwa Ibom State Attorney-General and Commissioner for Justice. An activist-lawyer, he was called to bar in 1992 and was in private legal practice until his appointment. He tells JOSEPH JIBUEZE his plans for the justice sector.

    You challenged the former Governor Victor Attah administration over some constitutional issues. Have things changed now?

    I have always insisted on compliance with the Constitution. The autonomy for each of the three organs of government and the three tiers of government in Nigeria are constitutional. They are not things that are left to the whims and caprices of individuals. I do insist there should be autonomy for these organs and tiers of government. Fortunately for me, we are one of the few states that comply with the constitutional provision of giving autonomy to the judiciary even before the judgment in favour of the judiciary staff. That is why Justice Ademola struck out our names after we applied and showed evidence that we have already complied with the provision of the Constitution in respect of giving autonomy to the judiciary. That is why we are not bound by that judgment. I am lucky to come from a state where the independence of the judiciary had already been applied even before judiciary staff at the national level went to court.

    What was your case for councils?

    I have always maintained that the local governments should be made to stand as an independent tier of government in terms of managing their finances and my position has not changed. My opinion is that the law, Section 162 of the Constitution, as it stands makes it is very clear that the finances of the local government should be paid directly to the local governments. This joint account manipulation by some states is what is creating a problem. All that we need to have are governments at the various levels sitting down and ensuring the application of that law. It would be nice to have a system where local governments have their funds directly paid to them, even if it goes through the Joint Account as it is being operated. All that is needed to be done is for the local governments to come out with their own format. I have attended Joint Account meeting in Akwa Ibom and I saw that they all discussed and agreed on modalities they want to apply. I believe that as far as Akwa Ibom is concerned that position is being applied. It may not be the same with other states.

    Your appointment came as the Governor Godswill Akpabio administration is winding down. What impact can you make with the short time?

    Well, the administration of the Chief Godswill Obot Akpabio is actually winding down, but the government of Akwa Ibom State is not. There is still work to be done. As far as the business of the government is concerned, every minute is material. There is still a lot of room to make impact in the administration, and I am very grateful to Governor Akpabio for giving me the opportunity even for this brief period to be part of the success story of his administration.

    What areas of the justice sector would you like to focus on?

    The concerns of the Ministry of Justice as far justice delivery system is concerned are the protection of human rights, compliance with the rule of law and the Constitution and giving room for the citizens to enjoy the fundamental human rights. I was appointed into a government with excellent credentials as far as human right is concerned. There is room for improvement.

    What are these specific areas?

    I will be working toward further decongesting the prisons and our courts; to ensure that the rights of citizens are respected and that the rule of law is applied. Beyond that, I am working towards instituting a legal framework to enhance the performance of the staff of the Ministry of Justice in making contribution to the state’s justice delivery system. I have discovered that a lot of criminal cases run into difficult quarters in the cause of prosecution. I have decided to establish a synergy between the ministry and the police. There should be a monitoring of the police investigation so that whatever needs to be put in place are brought into place immediately.

    The three Attorney-Generals who served under Akpabio were said to have fallen out with him. Will you be different?

    All of them are entitled to their own rights and ambitions. They are people I respect to a great deal. In fact, I spoke on phone with my immediate predecessor, Ekpenyong Ntekim, and he promised me his assistance where and when necessary. I also believe that if in one way or the other there are some minor differences, it is part of the democratic processes. I can assure you that within a very short time all of them would come back and eat at the same table.

    It has been said that Attorneys-General abuse their powers. Is that true?

    If somebody says a particular Attorney-General is abusing the provision of nolle prosequi he should be able to give statistics and instances. I would not, for instance, use what happens in Lagos State to judge Kano State. Every individual state has its own peculiarity. If somebody is saying the Attorneys-General are abusing their powers, I think it is a wrong judgment. If somebody sites instances, with reference to the particular instances, we can then appraise the action of the Attorney-General in question. It is then that we can give an informed judgment of the action of that particular Attorney-General. Making such blanket statement is unfair to the Attorneys-General.

    Do you foresee a free and fair election in Akwa Ibom State?

    Governor Akpabio that I know is determined to have a free and fair election in the state and he is providing every facility and enablement, within the limit of his office, for that purpose. He would not mind who wins or loses. But as far as he is concerned, within the domestic arrangement of his political party and as a governor he is entitled to be interested in who should come out as a candidate of his political party and, possibly succeeds him. He would be a failed governor if he fails to take interest in who succeeds him but his interest would not influence the outcome of the general elections, which is to be conducted by the Independent National Electoral Commission (INEC). As a member of a political party, a loyal one for that matter, and in this case the Leader of the party in the state, he has the capacity and obligation to ensure that the primaries of his political party are held in a free and fair environment. The governor is determined to have free and fair election in the state and he is not going to influence the outcome of the elections. He will, within his capacity ensure that those who win are those the people actually want.

    Why were you in support of another national conference?

    I  am of the opinion that the most important issue that should had been placed on the table of the last National conference in Nigeria would have been for Nigerians to discuss their readiness or otherwise to remain together as people of one nation. That particular aspect which I see as the most important and critical was left out from the terms of reference of the last conference and what that means  is that we are going to come back to face that question. One day we would answer whether Nigerians are still ready to live together as people of one nation. If you check through the present electioneering and the incidents that follow them you would get to find out that there is still doubt as to the readiness of Nigerians to continue to live together as citizens of one indivisible, indissoluble sovereign nation. The questions again arise: Are we ready to bury our differences and past experiences and come together to work as a people of one nation? Are we still whipping and fanning the embers of discord? What has changed between 1914 when the amalgamation was done and today? What is the difference between the attitude of Nigerians after the civil war in 1970 and today? How have we been able to handle the issue of fiscal federalism? Have we been able to resolve the issue of resource control? Most of those things are treated on the surface superficially.

    How do you mean?

    The average Southsouth person, including myself, believes that the foundation of the Nigerian nation, which was formed under the Republican Constitution of 1963, was completely eroded by the intervention of the military in the Nigerian politics. I keep on referring Section 140 (1) of the 1963 Constitution which peg resource control at 50 per cent to the regions. The military came up and wiped it out and reduce it to zero. The Southsouth demanded at the last National Conference that it should be raised 25 per cent but the North fought it to a standstill and that issue was not resolved. Do you expect the Southsouth person to be happy? Instead of resolving our fundamental issues we keep managing them. The trouble is actually incubating; it is just becoming a more vicious and explosive time bomb waiting for its appropriate time to explode. There will definitely be another national conference.

     

  • 2014: Year of judicial sledgehammer

    2014: Year of judicial sledgehammer

    The sacking of the governors of Adamawa and Taraba states, the attacks on judges in Ekiti State, the citing of former President Olusegun Obasanjo for contempt, the coming of Mahmud Mohammed as the 14th indigenous Chief Justice of Nigeria (CJN), the appointment of Justice Olufunmilayo Atilade to succeed her sister Justice Ayotunde Phillips as Lagos State Chief Judge and the death of frontline lawyer GOK Ajayi (SAN), among others, defined 2014.  ADEBISI ONANUGA, ERIC IKHILAE, JOSEPH JIBUEZE and PRECIOUS IGBONWELUNDU report.

    Tambuwal goes to court

    House of Representatives Speaker, Aminu Tambuwal on October 31, sued the Peoples Democratic Party (PDP), the Inspector-General of Police (IGP) and others at the Federal High Court, Abuja over the withdrawal of his security aides and threat to declare his seat vacant. Justice Ahmed Mohammed, on December 16, stayed proceedings in the case indefinitely pending the determination of an appeal filed against his ruling refusing the application for joinder by Chairmen of Kebbe and Tambuwal Local Governments in Sokoto State – Bala Konkani and Sambo Modo.

    Bankole freed

    Former House of Representatives Speaker, Dimeji  Bankole succumbed to emotion and wept on February 14 this year when the Federal High Court in Abuja  discharged and acquitted him of N874 fraud charge brought against him by the Economic and Financial Crimes Commission (EFCC). Justice Evoh Chukwu, in a ruling on a no-case submission by Bankole, held that the prosecution “failed woefully” to establish a prima facie case against the ex-Speaker.

    Adamawa’s Acting Governor sacked

    Justice Adeniyi Ademola of the Federal Hugh Court, Abuja on October 8 sacked Acting Governor of Adamawa State, Ahmadu Fintiri on the ground that ormer Deputy Governor, Bala Ngilari did not resign from office in accordance with the Constitution. In a ruling, Justice Adeniji held that Ngilari did not resign in accordance with Section 306 (1) (2) and (5) of the Constitution. The judge declared Fintiri’s occupation of the governor’s office as illegal and ordered the Chief Judge or President of the Customary Court of Appeal to swear in Ngilari.

    Taraba Acting Governor sacked

    The Supreme Court, on November 21, sacked the Deputy Governor of Taraba State, Garba Umar (who was also the Acting Governor). In a unanimous judgment, it declared that the process leading to the impeachment of his predecessor, Sani Abubakar Danladi, was unconstitutional. It voided Danladi’s impeachment and ordered that he be reinstated.

    Umar had been acting as governor since the October 25, 2012 plane crash that took Governor Danbaba Suntai out of circulation.

    Setback in Farouk Lawan, Emenalo case

    The over two-year-old trial of  Farouk Lawan and Boniface Emenalo, former Chairman and Secretary, House of Representatives Ad-hoc Committee on Fuel Subsidy Regime was stalled on November 18 when the erstwhile Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT), Gudu, withdrew from the case following Lawan’s allegation that she was biased. Lawan and Emenalo were accused by the Independent Corrupt Practices and other related offences Commission (ICPC) of receiving bribe $620,000 from businessman, Femi Otedola, whose company was named in the petroleum subsidy controversy. The case would begin afresh before a new judge.

    Suits on Jonathan’s eligibility

    The Supreme Court, on December 16 faulted an appeal by a member of the Peoples Democratic Party (PDP), Umar Ardo, who sought to join a suit challenging the eligibility of President Goodluck Jonathan to contest next year’s presidential election. He had gone to the Supreme Court to challenge an earlier decision by the Court of Appeal in Abuja, which refused his application to be made a party in a pending appeal. Also, Justice Ahmed Mohammed of the Federal High Court, Abuja on December 16, fixed January 12, 2015, for ruling on whether or not to refer to the Court of Appeal, some questions raised  in a suit challenging the eligibility of President Goodluck Jonathan to contest  next year’s election. The judge has equally fixed January 15 for further hearing in another suit marked: FHC/ABJ/CS/661/2014 filed by Mase Acho, Sadeeq Sarki and Murtala Abubakar. They are also challenging the eligibility of President Jonathan and his deputy, Namadi Sambo to seek re-election next year.

    Diezani’s N10b jet hire probe

    The Federal High Court in Abuja on December 17 faulted the invitation sent to the Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, the Nigerian National Petroleum Corporation (NNPC) and some of its officials by a committee of the House of Representatives in its bid to investigate allegation that Mrs Alison-Madueke misappropriated public funds, estimated at N10billion, in hiring aircraft for her private use. Justice Ahmed Mohammed held that the House failed to comply with the legal requirement that it first publish its resolution to set up a committee to investigate the allegation in either its journal or the Official Gazette of the Federal Government.

    Five defecting governors

    Justice Gabriel Kolawole of the Federal High Court in Abuja struck out PDP’s suit seeking to sack the four governors who defected from the party to the All Progressives Congress (APC). The judge held that the suit’s originating processes were invalid, on the ground that they were wrongly issued and served on the defendants. The governors are former Adamawa State governor, Murtala Nyako (whose name was removed following his impeachment), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara).

    Obasanjo cited for contempt

    A High Court of the Federal Capital Territory (FCT) in Wuse Zone 2, Abuja on December 10 held that former President Olusegun Obasanjo was in contempt of court for flouting its orders restraining him from publishing his autobiography My Watch. Justice Valentine Ashi, in a ruling, gave Obasanjo 21 days (from the day of service of the court’s orders on him) to show cause why he should not be punished for going ahead to publish  the book, in spite of the ex-parte interim order made by the court on December 5 and a pending libel involving him (Obasanjo). Hearing in the substantive suit has been fixed for January 13, while Obasanjo has appealed.

    Tussle over Ojukwu’s property

    The Federal High Court in Lagos in January struck out a N100 million suit against the family of the late Ikemba Nnewi, Chief Chukwuemeka Odumegwu-Ojukwu. The suit was filed by Chief Debe Odumegwu Ojukwu, who claims to be the warlord’s first son. He sought the sum as damages for allegedly being excluded by some family members from participating in the burial rites of his late ‘father’. Justice Okon Abang held that the court lacked jurisdiction to determine whether or not the applicant’s rights were breached. The suit is one of several others over the late Ojukwu’s property.

     Autonomy for Judiciary

    The Federal High Court in Abuja nullified the disbursement of funds for the judiciary by the executive arm of government. A former Nigerian Bar Association (NBA) President, Mr Olisa Agbakoba (SAN) sued the Federal Government challenging the practice of passing funds for the judiciary through the executive. He had argued that the practice was in breach of Sections 81 (2) (3) (c) and 84 (2) (7) of the 1999 Constitution. Justice Ahmed Mohammed declared the practice unconstitutional.

    Bode George acquitted

    The Supreme Court quashed the conviction of PDP Chief Olabode George for corruption by a Lagos High Court. The court discharged and acquitted him on the basis that the EFCC had no evidence of his intention to commit fraud at the Nigeria Port Authority (NPA) where as chairman of the NPA board he was allegedly caught presiding over a contract bazaar that bled the nation. A panel of judges headed by Justice John Afolabi Fabiyi ruled that the charge of “contract splitting” was unknown to law.

    ‘Shell must pay’

    An Asaba High Court ordered Shell Development Company of Nigeria Limited (SPDC) to pay N305,637,381.60 as special and general damages to no fewer than 400 people in the fishing community of Okia in Burutu Local Government Area of the State. The money was special and general damages for the destruction of the plaintiffs’ properties and capital value for temporary loss of income in fishing rights. The plaintiffs averred that sometimes in August 1998, there was crude oil spillage from the defendants Forcados Offshore loading terminal, in which some barrels of crude oil spilled into the Forcados and Ramos rivers, spreading to Okia community and resulting in the extensive damage to fishing gears, ponds, farmlands, crops, fishing channels swamps, among others.

    New number-plate case

    The plan by the Federal Road Safety Corps (FRSC) to impound vehicles without the new number plates from October 1 crashed as the Federal High Court in Lagos declared the move unconstitutional. Delivering judgment in a suit filed by a lawyer, Emmanuel Ofoegbu, Justice James Tsoho held that the commission had no right to impose new number plates on motorists without an existing law to that effect. FRSC has appealed against the verdict.

    Sanusi’s cases

    The Federal High Court in Lagos awarded N50million damages to former Central Bank of Nigeria (CBN) Governor Sanusi Lamido Sanusi. Justice Buba held that his arrest and detention as well as the seizure of his international passport by security agencies acting for the Federal Government violated his right. In May, Sanusi won another major legal battle against the Federal Government as the court restrained the Financial Reporting Council of Nigeria (FRCN) from probing him. Justice Tsoho held that FRCN’s declaration in a Briefing Note dated June 7 and submitted to President Goodluck Jonathan was conclusive; therefore, it could no longer conduct any investigation on the same matter.

    Igbo discrimination against women smashed

    The Supreme Court voided the Igbo law and custom which forbade a female child from inheriting her late father’s estate. The court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution. The judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Mrs. Gladys Ada Ukeje (the deceased’s daughter). Gladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of the deceased’s children and sought to be included among those to administer their deceased’s father’s estate. Justice Bode Rhodes-Vivour held: “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate. Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.”

    Okada riders sue Lagos

    Operators of commercial motorcycles, popularly called Okada, under the All Nigerians Automobile Commercial Owners and Workers Association (ANACOWA), sued the Lagos State Government for N1 billion at the Federal High Court, claiming damages for alleged arrests, detention of their members and confiscation of their motorcycles without due process.

     Boko Haram members jailed

    The Federal High Court in Lagos sentenced three Boko Haram members to 25 years’ imprisonment each. The suspects were first charged with conspiracy to commit terrorism, illegal possession of firearms and being members of a proscribed organisation.

    They allegedly committed the offences on March 21, last year, at Plot 5, Road 69, Lekki Phase I Housing Estate, and No. 24, Oyegbeni Street, Ijora-Oloye, Apapa-Iganmu, Lagos.

    They were alleged to have in their possession three packets of explosive construction pipes, 15 detonators and 11 AK-47 rifles with 30 rounds of live ammunition. Other items also allegedly found on them include 200 rounds of 7.6mm calibre live ammunition, two suitcases containing explosives and a water container filled with explosives. The offences contravenes sections 13(2) and 17(b) of the Terrorism Act 2013 and Sections 1, 8, 27 (1) (a) and (b) of the Firearms (Special Provisions) Act, Cap F28, Laws of the Federation, 2004, and punishable under Section 8 of the same act.

    Court frees Ikuforiji

    The Federal High Court in Lagos discharged and acquitted the Speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji, of money laundering charges. He was arraigned by the EFCC with one his aides – Oyebode Atoyebi. They were accused of receiving over N600million from the House between April 2010 and July 2011, without passing through a financial institution. Justice Buba, while ruling on a no-case submission made by the defence, held that the prosecution did not sufficiently prove its case against the defendants.

    AMCON vs Babalakin

    The Asset Management Corporation of Nigeria (AMCON) appealed against the ruling nullifying an order appointing Agbakoba as the receiver/Manager over the assets of Bi-Courtney Limited, its Chairman Dr Wale Babalakin (SAN) and three other companies.

    Justice Ibrahim Buba of the Federal High Court in Lagos held that the order by his colleague, Justice Okon Abang, was made in error. He said the order should not have been made when there were pending cases and subsisting orders on the same case.

    According to Justice Buba, the true facts were not disclosed to Justice Abang. “This court has no doubt it has been misled,” the judge held. Dissatisfied with the ruling, AMCON, through Agbakoba, filed a notice of appeal at the Court of Appeal sitting in Lagos based on four grounds, including that Justice Buba erred in law and misdirected himself when he heard and granted the oral application of lawyers to the Bi-Courtney Group to vacate the receivership, possession and freezing orders made by Justice Abang on September 22.

    Lekki toll suit

    Justice Saliu Saidu, on March 27, held there was no law backing toll collection on the Lekki-Ikoyi bridge. He delivered the verdict in a suit filed by human rights lawyer Mr Ebun-Olu Adegboruwa. The state has appealed the judgment.

    Fani-Kayode’s case

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos discharged and acquitted a former Aviation Minister Femi Fani-Kayode of 38 of the 40 count-charge of money laundering. On November 17, the judge held that the commission did not prove the other counts sufficiently. She partially upheld Fani-Kayode’s no-case submission and directed him to open defence in two counts (25 and 26).In the discharged 40-count charges, the former minister was said to have laundered about N100,219,500 by paying them into his account through an associate.Justice Ofili-Ajumogobia adjourned till February 23 and 24 next year for continuation of trial.

    Inquest on Synagogue building ‘collapse’

    The coroner inquest on the September 12 collapse of a Synagouge Church of All Nations (SCOAN) building generated headlines. Lagos State government on September 26 instituted the Coroner’s Inquest under the Lagos State Coroner’s System Law No. 7 of 2007 and appointed Chief Magistrate Oyetade Komolafe, to sit on the matter as the Coroner. The church and its founder Prophet T.B. Joshua filed a prohibition suit before a Lagos High Court presided by Justice Lateefa Okunnu, urging the High Court to issue “Order of Certiorari” to quash the inquest proceedings. The Federal High Court in Lagos had also dismissed a suit filed by a lawyer, Mr Olukoya Ogugbeje, seeking to stop the inquest.

    NBA vs CBN, EFCC

    The NBA won a major legal battle during the year under review as the Federal High Court in restrained the Federal Government, the CBN and the Special Control Unit against Money Laundering (SCUML) from enforcing the provisions of the Money Laundering (Prohibition) Act 2011 (MLA) against legal practitioners. Justice Gabriel Kolawole gave an order of perpetual injunction restraining the defendants from enforcing Section 5 of the MLA against legal practitioners.

    APC vs DSS

    Justice Mohammed Yunusa of the Federal High Court ordered the immediate release of five detained All Progressives Congress (APC) workers. He restrained the Department of State Security Services (DSS) from further arresting Chinedu Atuche, Fayemi Olaposi, Chika Augustine Onochukwu, Ebun Ilori and Esther Enemuwe, who were held since the DSS raided the party’s data centre on November 22. The court also ordered the DSS to unseal APC’s data office/warehouse located at 10, Bola Ajibola Street, off Allen Avenue, Ikeja, Lagos, forthwith. “A remand order is not issued indefinitely,” the judge said, adding that the DSS should have applied to a High Court within jurisdiction for a “review” of the remand order.

    Braithwaite’s N10b suit

    The N10 billion suit instituted by elder statesman, Dr. Tunji Braithwaite, against Standard Chartered Bank at a Lagos High Court also made headlines. He is challenging the construction of a 14 storey building with a multi-level car park opposite his residence in Victoria Island, Lagos.

    Rivers judicial crisis

    The Supreme Court dismissed three appeals filed by suspended ‘Chief Judge’ of Rivers State, Justice P. N. Agumagu. He was suspended by the National Judicial Council (NJC) following his controversial appointment by Governor Rotimi Amaechi. NJC said it did not recommend him for appointment. Agumagu had sought a judicial review of NJC’s decision. The crisis, coupled with workers’ strike, crippled judicial activities in the state.

     

    Other major developments

    G.O.K Ajayi dies

    Nigeria lost of one its greatest legal minds on March 28 when Godwin Olusegun Kolawole (GOK) Ajayi, a chief and one of the legal profession’s giants, who practised for 59 years, died in a Lagos hospital, aged 82. The late Ajayi represented the late Chief Obafemi Awolowo, the late Chief Moshood Abiola and the late Chief Gani Fawehinmi. He also handled landmark cases, including the deportation of the late Abdulraham Shugaba, the Second Republic Majority Leader of the Borno State House of Assembly, which he won. Tributes poured in following his demise. A former Attorney-General and Minister of Justice Chief Richard Akinjide (SAN) said Ajayi’s death was a great loss to the legal profession.

    Aturu dies

    One of Nigeria’s most prominent human rights lawyers, Bamidele Aturu, died on July 9 after a brief illness. He was known for his commitment to championing human rights and constitutionalism. He came to prominence as a fighter against power abuses when, as a member of the National Youth Service Corps (NYSC), he refused to shake hands with the military administrator of Niger State, Col. Lawan Gwadabe, in 1988 during a passing out parade in protest against military dictatorship. The late Aturu studied law at the University of Ife, and devoted much of his legal practice to representing marginalised or oppressed individuals and groups. His death came as a blow to many.

    Mukhtar retires, Mohammed steps in

    President Goodluck Jonathan, on November 20, swore in Justice Mahmud Mohammed as the 14th indigenous Chief Justice of Nigeria (CJN). He took over from Justice Aloma Mukhtar who retired at the statutory age of 70.

    Alegeh elected NBA President

    After a hotly contested election and intrigues over zoning of the presidency to the Southwest, Mr Augustine Alegeh (SAN) of the Midwest Bar was elected Nigerian Bar Association (NBA) president on July 15.

    Judges attacked in Ekiti

    Prior to the swearing-in of Ekiti State Governor Ayo Fayose, the group E-11 and others challenged his eligibility to contest the election. In a determined bid to stop the case from being heard, judges, lawyers, court officials, and journalists felt the brutality of thugs.

    The first attack occurred on September 22. Thugs allegedly loyal to Fayose invaded the Ekiti State judiciary headquarters where Justice Isaac Ogunyemi was to deliver a ruling on the case. The thugs beat workers black and blue while the presiding judge and lawyers had to run for dear lives. They smashed windows and furniture. On September 25, Fayose again led thousands of people and thugs into the High Court premises, beating and maiming the staff.

    Wali kidnapped

    Immediate past NBA President Okey Wali (SAN) was abducted in Port Harcourt on October 11 and released on October 23 after 13 days in captivity.

    History-making sisters

    Arguably for the first time in the history of the judiciary, one sister, Justice Olufunmilayo Atilade, succeeded her sibling, Justice Ayotunde Phillips, as the Chief Judge of Lagos. Justice Atilade was sworn in as the first female CJ on August 20 following her sister’s retirement on July 26.

    Abia finally gets CJ

    After operating without a substantive Chief Judge for a long time, Governor Theodore Orji swore in Justice Theresa Uzoamaka, who had been in office in acting capacity. She is arguably the first non-indigene to be appointed a Chief Judge.

    Lagos DPP appointed a judge

    Amiable and soft-spoken Lagos State Director of Public Prosecution (DPP), Mrs Olabisi Ogungbesan, was among those appointed judges of the Lagos State High Court. She played a major role in high-profile criminal trials such as those involving the late Kudirat Abiola, the late Abraham Adesanya, among others.

     

  • CJN, judicial institute seek accountability

    CJN, judicial institute seek accountability

    To further strengthen the capacity of the Judiciary to respond to the increasing demand for openness in the conduct of government’s businesses, requiring for public institutions to allow easy access to information on their activities, the Judiciary held a training for senior court staff on how to effectively deploy the Freedom of Information Act (FOIA) and Information and Communication Technology (ICT) in aiding efficiency and accountability in processes. Eric Ikhilae reports from Abuja.

    In every democracy, public institutions are required to facilitate enhanced public access to information about their activities, with a view to ensuring effective monitoring of government’s activities to promote accountability and transparency in the conduct of public affairs.

    The Judiciary, as public institution, is not exempted from this requirement, and is therefore required to shed its conservative and secretive nature  to enable it retain the much desired public confidence, in the face of growing consciousness and increasing demand for information.

    The realization of the requirement for urgent change in the conduct of its affairs informed a recent workshop in Abuja for senior court workers in the country. The workshop, with the theme: “Promoting transparency and integrity in the Judiciary,” was put together by the National Judicial Institute (NJI), with support from the Open Society Foundation (OSF), A and E Law Partnership and the United Kingdom’s Department of International development (DFID). A training was held for judges  between  May 5 and 9.

    Speakers included the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, the Administrator of the NJI, Justice Roseline Bozimo (retired), Justice Tijani Abubakar of the Court of Appeal, Justice Emmanuel Nnamani of the Customary Court of Appeal, Enugu, the Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Professor Deji Adekunle,  Justice Benedict Bakwph Kanyip of the National Industrial Court (NIC) and  Deputy Chief Registrar,  the Federal High Court, Emmanuel Gakko.

    They examined how court workers could effectively deploy the Freedom of Information Act (FOIA)  and Information and Communication Technology (ICT) in meeting the growing demand for openness, accountability and transparency in the conduct of government affairs. Speakers stressed the need for court officials to change their conduct and approach to work in view of the drift towards the twin concepts of open society and participatory governance.

    Justice Mukhtar observed that by virtue of its provisions, the FOIA, if properly implemented, will go a long way in “enthroning probity, accountability and transparency in the Judiciary as a public institution. The legislation is a total reflection of the social reconstruction of human reality. It opens up the Judiciary fpr reasoned and intelligent enquiries. It opens a new vista of public acknowledgement, commendation or condemnation.”

    The CJN urged participants to strive “to maintain high standard of integrity, incorruptibility, fairness and transparency in the discharge of your duties.” She added that as accounting officers of the courts, they should ensure high level of accountability in the handling of contracts, procurement, resource and time management, among others.

    Justice Bozimo explained the training was intended to ensure court workers are driven always by the realization that transparency in court operations was cardinal to ensuring a sustained public confidence in the judiciary.

    She said the decision to examine the implications of FOIA and ICT in court operations was informed  by the realization that a proper understanding and implementation of the Act “will engender transparency in the Judiciary and entrench accountability and integrity.”

    Justice Bozimo argued that in view of the general deployment of ICT for almost every human activity, court administrators could not afford not to embrace ICT in their operations.

    In his paper titled: “The FOIA 2011 as a veritable instrument for entrenching best ethical practices among court employees,” Justice Abukakar argued that in view of the public perception that the nation’ Judiciary was corruption driven, court workers cannot afford continue the act pretend as if nobody is watching.

    He stressed the importance of the FOIA in the eradication of the various inefficiencies in the judicial system in view of the huge role a functional and effective Judiciary plays in ensuring a prosperous and vibrant democracy.

    Justice Anukbakar contended that an effective judiciary could only be realized where transparency and ethical practices among operators of the system are strengthened  where agencies mandated to discipline erring judicial officers and other court staff are transparent and fearless in executing their mandates.

    “In exercising the power of judicial review  (conferred on the court under Section 20 of the FOIA) and protecting the integrity  and transparency of the Judiciary, the court, as an arbiter, is expected to be independent, assertive and courageous enough to call a spaded a spade. It is my honest opinion that the way is to do what is right and proper at all times without bending the rules,” Justice Abubakar said.

    Justice Nnamani, who took participants through the various provisions of the FOIA and their responsibilities under the law, argued that judicial administrators must familiarize themselves with the Act. He noted that “a good understanding of the Act enables them to resolve likely dilemmas regarding when to release or withhold information and how to do so.”

    Prof Adekunle identified the various challenges the impeded the effective implementation of the FOIA, some of which he said, included the general lack of funding for FOI activities in government agencies,  general apathy  on the part of those intended to implement the Act in view of the high level of ignorance about the provisions of the Act and the lack of proper record keeping practices in government agencies that hamper access to information.

    “There is need for intense and continuous sensitization of government officials about the Act. Unless and until government takes concrete steps towards good records management, the success of the FOIA will be in great jeopardy,” Prof Adekunle said.

    Justice Kanyip, who examined the current issues in personnel and corporate information management under the FOIA, noted that the task for all information managers in public institutions is how to effectively marry the growing demand for information with the risk of not opening themselves to falling foul of not only the law, but the dictates of their code of conduct.

    This he said, could only be effectively dealt with where public institutions set up FOIA Units, manned by staff, who are well schooled in the provisions of the Act, to know what information to release and withhold.

    “The dictates of democracy demand that governance must transit from secrecy to openness and hence, accountability must be paramount. The Judiciary is not an exception. In our own way, the Judiciary must key in and promote accountability in governance, not just as arbiters when asked to do, but must be seen as a good example of public institution that upholds the law,” he said.

    Gakko, in his paper: “The conduct and attitude of court employees: The need for a paradigm shift,” stressed the need for court workers to realise that the Judiciary is not immune to the various changes taking place around it. He noted that it requires the conviction of the leadership to drive such changes in the Judiciary.

    “WE are now in the jet age and anyone, who plays with technological development, would soon become obsolete. Some courts in Nigeria are already operating e-filing. We must be part of this drive and where we fail as court managers, history would judge us. We must lead the younger and energetic staff in this drive,” Gakko said.

    To the participants, which included Chief Registrars, Secretaries of Judicial Service Committees/Commissions, Directors of Sharia, Customary and Area Courts and Courts’ Inspectors on Information and Telecommunication Technology, frequent exposure to such training opportunity would go a long way in ensuring the change required to secure a vibrant and effective Judiciary in the country.

     

     

  • Way out of judicial delays

    How to achieve quicker justice delivery is theme of the seventh annual business luncheon by the firm of SPA Ajibade & Co, reports JOSEPH JIBUEZE.

    How can delays in civil justice delivery be reduced? This is a question that has begged for answers for years. When Justice Olusola Williams was appointed a judge of the Lagos State High Court in 2001, she was assigned a 36-year-old that was still pending in court.

    She was one of the speakers at the at the seventh annual business luncheon by the law firm of SPA Ajibade & Co in Lagos, with the theme: The future of Legal Practice in Nigeria: Eliminating delays in Civil Justice delivery.

    A Supreme Court Justice, Kudirat Kekere-Ekun, who chaired the event, and the guest speaker, a former Foreign Affairs Minister, Mr Odein Ajugomobia (SAN) listed ways to eliminate delays in justice delivery.

    Kekere-Ekun said in addition to more use of information technology and computerisation of court processes, there is the need for a new attitude.

    She said: “While the full computerisation of the court system nationwide will provide some much needed succour…how do the improvements in case management at the trial courts translate to the appellate courts?

    “I am of the firm view that in order to achieve significant improvement in civil justice delivery, there needs to be a major attitudinal change, which must start with members of the Bar who are the litigants’ first point of contact in the litigation process.

    “No matter how many judges are appointed or how many times the civil procedure rules are amended, the situation will remain the same unless we change our mindset,” she said.

    Besides, Justice Kekere-Ekun believes the Supreme Court’s jurisdiction should be restricted to prevent situations where interlocutory appeals takes years to determine while the main suit is pending at the lower courts.

    “I strongly believe that there is an urgent need for constitutional amendment to limit the jurisdiction of the Supreme Court in certain respects.

    “For instance, interlocutory decisions, and cases where there are concurrent findings of fact by the two lower courts and there is no dispute as to the law, should terminate at the Court of Appeal. Decisions in governorship elections should also terminate at the Court of Appeal,” she said.

    Justice Kekere-Ekun urged the Nigerian Bar Association (NBA) to enforce the Bar’s ethics and “provide the required leadership.”

    “Where a client has a bad case, it is unethical to institute an action in court merely to frustrate his opponents and delay the fulfilment of an obligation,” she said.

    Ajumogobia identified preliminary objections, frivolous arguments, unnecessary adjournments, lack of adherence to time limits and poor service of court processes on parties as some causes of delays.

    Others, he said, are incessant amendment of court documents in the course of trial, poor case management by judges, abuse of the right of appeal and poor use of punitive cost against lawyers who cause deliberate delays.

    According to Ajumogobia, some clients literally pay lawyers to delay proceedings, which is against the profession’s ethics.

    “Delay serves the defendant well when he has no defence or simply needs to buy time to answer a complaint and is therefore only interested in putting off the anticipated final decision by the court for as long as possible,” he said.

    He said while delays in civil justice cannot be completely eliminated, it can be reduced in the profession’s common interest. “I am suggesting that this depends much more on us at the Bar than it does on our colleagues on the Bench who have shed their partisanship and can only decide the cases and controversies that we place before them.

    “As long as we choose (and it is always a conscious choice by counsel) to deliberately exploit the existence of constitutional lapses or the inevitable and necessary flexibility of procedural rules, curbing delay in civil justice will remain an illusion,” Ajumogobia said.

    Justice Williams, who successfully disposed of the 36-year-old case, said the Bar has a big role to play in achieving quicker justice delivery. She added that the problem will remain “as long as we continue to see delay as a tool. It all has to do with our attitude.”

    She advocated adequate training for court staff, continuous training for judges, intensive training for new judges, and the need to boost the morale of judicial officers.

    She said situations where judges are exposed to assault will not held the cause of justice. “I was assaulted in Ekiti State. If one judge is assaulted, then every judge has been assaulted. But where was the Bar when all of this happened? We get the legal system we deserve,” she asked.

    According to her, delay is costly and clogs the wheel of progress. Even lawyers who depose to false affidavits must be panalised. “Bad practice should be criminalised,” she said.

    Lagos Attorney-General and Commissioner for Justice Ade Ipaye urged judges to adopt a no-nonsense approach to case management by not granting frivolous applications.

    He urged the Attorney-General of the Federation, Mohammed Adoke (SAN) to set up a commission to resolve the issue of jurisdiction and at what point it should be raised.

    Whatever recommendations are reached and agreed on, he said, should be made part of the Constitution.

    Mr Ademola Akinrele (SAN) said arbitration matters should terminate at the High Court where ADR is used. The issue of jurisdiction, he said, should be taken with the main case to avoid delays. Judges should learn to ignore irrelevances and move on with cases.

    Also, the requirements for award of SAN rank which requires a certain number of appearances at the appellates courts should be jettisoned, as it encourages lawyers to pursue appeals even when frivolous.

    Judges, he said, should be appointed from diverse areas of law, such as from the academia, among others, adding that diligent counsel and a proactive bench would help speed up justice delivery.

    The organiser, Dr Babatunde Ajibade (SAN), said it will take everyone pulling in the same direction if delays are to be reduced.

    On why luncheon was organised, he said: “It’s our little way of putting something back into the profession. We are passionate and feel very strongly about it. We think we should improve the environment in which legal business is conducted.”

    Other speakers included Justice Samuel Candide-Johnson, who represented Chief Judge of Lagos, Justice Funmilayo Atilade; Mrs Olabisi Soyebo (SAN), former dean, faculty of law, University of Lagos Prof Oyelowo Oyewo; Mr Zik Obi II, a senior lecturer at the Nigerian Law School Mr Nelson Ogbuanya, among others.