Tag: Judiciary

  • Wanted: Digitally-driven judiciary to strengthen rule of law

    Wanted: Digitally-driven judiciary to strengthen rule of law

    The consensus among experts was clear: strengthening the judiciary is not merely a reform agenda; it is essential for democracy, rule of law, and economic resilience. They spoke at the Dialogue on National Agenda for Democracy Strengthening (NADS), reports Deputy News Editor JOSEPH JIBUEZE

    Nigeria’s judiciary stands at a critical crossroads, where the rule of law, democratic stability, and economic growth intersect.

    Judicial reform is, therefore, both a legal and economic imperative.

    A fair and efficient judiciary ensures enforceable contracts, deters corruption, and encourages investment.

    At the Dialogue on the National Agenda for Democracy Strengthening (NADS), legal and business experts stressed that strengthening the judiciary is not merely a reform agenda, but is critical for democracy, rule of law, and development.

    They highlighted persistent challenges undermining justice delivery.

    These include delays, case congestion, inconsistent rulings, inadequate infrastructure, low digital literacy, and limited access to technology.

    The dialogue was organised by the Private Sector Development for Democracy Forum (PSDdF), a platform convened by the American Business Council and Centre for International Private Enterprise (CIPE), in conjunction with Digitslaw Network Limited and Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture (NACCIMA).

    Among the speakers were Dr. Anthony Idigbe (SAN), Prof. Bankole Sodipo (SAN), Adeyemi Candide-Johnson (SAN), NACCIMA Director-General Olusola Obadimu, and CIPE Africa Regional Hub Director Mrs Lola Adekanye.

    There were also contributions from legal experts Ebele Enedah and Isioma Idigbe, both partners at Punuka Attorneys and Solicitors, and Deputy Law Editor at ThisDay, Jude Igbanoi, among others.

    They emphasised that without an independent, efficient, and transparent judiciary, democracy becomes fragile, business confidence declines, and citizens’ trust erodes.

    The dialogue underscored the transformative potential of technology in addressing these gaps.

    Recommendations included expanding digital case management, e-filing, virtual hearings, and AI-assisted legal research; mandating adoption of court technology by legal practitioners; investing in infrastructure, training, and cybersecurity; and fostering collaboration between courts, private-sector innovators, and civil society.

    Participants also called for the review of existing policies like the Judiciary Information Technology Policy (JIPTO), the development of interoperable platforms, and the creation of a national digital justice repository.

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    Strengthening the judiciary, they concluded, is not only a legal imperative but an economic necessity, essential for restoring investor confidence, accelerating justice delivery, and consolidating Nigeria’s democratic and economic resilience.

    Idigbe advocates digitisation

    Dr Idigbe observed that while the Constitution does not explicitly define democracy, its preamble enshrines the values of freedom, equality, and justice.

    “The Constitution created the Executive, the Legislature, and the Judiciary to enforce the separation of powers, in line with Montesquieu’s thoughts.

    “Institutions like the National Judicial Council ensure transparency and independence in judicial appointments,” he explained.

    He referenced Hon. Deemster Doyle of the Isle of Man, who warned that while accountability of public officials is crucial, applying this scrutiny to the judiciary must be balanced to preserve the effectiveness of the separation of powers.

    Doyle’s key advice included ensuring that administrative support to the judiciary remains independent – a principle that resonated throughout the dialogue.

    Despite constitutional guarantees and decades of reform efforts, the SAN stressed that Nigeria’s courts face systemic inefficiencies.

    Idigbe highlighted the persistent issues of delays, congestion, costs, and inconsistent outcomes.

    He cited research demonstrating that informal factors, such as overworked judges, procrastinating prosecutors, poorly prepared investigations, and non-cooperative witnesses, often contribute more to delays than formal procedural shortcomings.

    “Justice delayed is justice denied. Addressing delays is fundamental to giving the rule of law practical meaning,” he said.

    Idigbe contextualised these challenges within pre- and post-COVID-19 realities, including inadequate infrastructure, unreliable power, low digital literacy, and the exclusion of rural populations and people with disabilities.

    He called for a mindset of “leapfrogging,” using technology to overcome structural limitations rapidly.

    He cited Nigeria’s mobile phone revolution as an example, where GSM technology enabled the country to move from 400,000 landlines to over 200 million mobile phones in just 10 years.

    “Post-COVID-19, the digital economy is on an irreversible trajectory. The judiciary must embrace this change to remain relevant,” he emphasised.

    He noted the NJC’s technology reform initiatives, which include a Nigerian Case Management System (NCMS), LegalMail, e-filing, online dispute resolution, AI drafting and research tools, and electronic payment technologies.

    States like Rivers, Borno, Bayelsa, and Delta have already implemented these systems, with the Federal High Court piloting AI-assisted justice delivery.

    “Even if the court system is reformed, delays will remain if private lawyers are not up to speed with technology,” Idigbe warned, underscoring the need for private sector adoption of legal technology.

    He emphasised that the adoption of digital tools by the judiciary alone is insufficient.

    Private sector actors, particularly lawyers and law firms, must also leverage technology to reduce systemic delays, he said.

    He noted that despite progress, significant challenges remain:

    •Inadequate funding for infrastructure and maintenance

    •Cybersecurity threats and data protection concerns

    •Insufficient regulatory frameworks to drive compliance

    •Lack of training and technical expertise among judges, court staff, and lawyers

      •Unreliable power supply

    Idigbe warned that technological adoption without addressing these issues risks failure.

    He invoked Grudin’s Law, cautioning that systems are likely to fail if those who benefit are not those who operate them.

    He noted that platforms such as DigitsLaw, Law Pavilion, and Case Radar allow law firms to manage client cases, generate documents, conduct AI-assisted legal research, and integrate with NCMS systems for seamless e-filing.

    Sodipo: more funding needed

    Prof. Sodipo, delivering the keynote, stressed the judiciary’s role in democratic consolidation and economic growth.

    He argued that a predictable legal environment fosters private sector confidence, promotes investment, and supports inclusive development.

    Sodipo highlighted Nigeria’s poor performance in global rule of law indices, ranking 120 out of 140 countries in 2024, behind countries such as Niger, El Salvador, and Ukraine.

    He called for urgent adoption of technology and collaboration with stakeholders, including the Central Bank and development partners.

    The SAN said: “The rule of law and an independent judiciary are fundamental to any democratic and economically thriving country.

    “The judiciary and the rule of law are essential pillars for advancing Nigeria’s democratic consolidation and socio-economic development.

    “Independent and professional judges are the foundation of a fair, impartial, and constitutionally guaranteed system of courts of law known as the judiciary.

    “This independence does not imply judges can make decisions based on personal preferences, but rather that they are free to make lawful decisions even if those decisions contradict the government or powerful parties involved in a case.

    “A strong legal and regulatory ecosystem is vital for democratic stability and economic growth.

    “A predictable and transparent legal environment not only ensures justice and equality under the law but also provides the foundation for private sector confidence, innovation, and inclusive development.”

    Shodipo stressed that the rule of law underpins democracy, economic competitiveness, and institutional stability.

    Citing former Chief Justice Dahiru Musdapher, he said an effective justice system is based on four principles: independence, transparency, accountability and efficiency.

    He also quoted Chief Justice Kudirat Kekere-Ekun, who stressed that the ability of the Nigerian judiciary to successfully adopt and implement technology will depend in large part on the strength of the national digital ecosystem.

    Noting the adoption of technology in its rules, the professor of law said the judiciary needs to be engaged.

    “The Nigerian judiciary is ready for collaboration. We must urge the heads of courts to adopt and adapt the National Judicial Institute and the National Judicial Council’s mandates.

    “We need to collect data about various stages of the judicial system in order to highlight the depth of the problem.

    “This may help the government to realise the significance of the issues and devote funds to deal with the problems.

    “Our efforts must be all encompassing by addressing the court registrars, bailiffs and support staff,” he said.

    ‘Technology can play a transformative role’

    Candide-Johnson, Chairman of PSDdF Steering Committee, said strengthening the judiciary is not just a legal reform agenda, but is an economic imperative.

    According to him, investors thrive where contracts are enforceable, where corruption is punished, and where justice is timely.

    “A fair and efficient judicial system gives businesses the confidence to invest, innovate, and expand,” he said.

    He stressed that strengthening the judiciary in the 21st century requires innovation.

    According to him, society is not built by courts alone but by a shared culture of integrity, accountability, and respect for the rule of law.

    Candide-Johnson added: “Technology can and will play a transformative role – from digital case management and e-filing systems to data-driven performance tracking and online access to justice.

    “That is why the collaboration with DigitsLaw, a legal innovation and technology firm, is so vital.

    “It represents the convergence of legal reform and digital innovation – two drivers of national transformation.”

    The SAN said PSDdF was established as a platform for collaboration among organisations and institutions representing the private sector, think tanks, civil society, academia, and the media, with a shared conviction that democracy and economic prosperity are closely linked.

    Its work, he said, is guided by a simple but powerful belief that a strong democracy, built on respect for human rights, fundamental freedoms, and the rule of law, provides the enabling environment for innovation, fair competition, and inclusive growth.

    Through research, dialogue, and advocacy, the Forum aims to bridge the gap between governance and enterprise, ensuring that the private sector not only benefits from democracy but also actively contributes to strengthening it.

    The SAN added: “Predictable laws, efficient courts, and integrity in governance form the bedrock of investor confidence, citizen trust, and national stability.

    “To advance this vision, the PSDdF has developed the National Agenda for Democracy Strengthening (NADS) – a comprehensive document that examines Nigeria’s current democratic and governance landscape to identify potential inflection points and those reforms that will have a catalytic effect towards building a more stable, fair, and equitable democratic nation while emphasising the role of private sector organisations, civil society and academia.”

    According to him, the NADS identifies four priority areas that are critical to consolidating democracy, including strengthening specific democratic institutions, strategic technical capacity development and civic education, promoting private sector accountability, transparency, and responsibility to curb corruption and advocating for land tenure reforms to address arbitrary use and abuse of powers.

    “The NADS is a call to action for all stakeholders to play their part in shaping a more democratic, accountable, and prosperous Nigeria.

    “We are doing this because we know that an independent, efficient, and transparent judiciary is the anchor of democracy, human rights, and economic stability.

    “Without a credible rule of law system, democracy becomes fragile, businesses lose confidence, citizens lose trust, and justice becomes the privilege of the few rather than the right of all,” Candide-Johnson said.

    Economic implications of judicial reform

    Obadimu highlighted the economic rationale for judicial reform.

    He said: “Every thriving economy relies on the predictability, fairness, and integrity of its legal systems. Efficient, impartial, and accessible justice fosters enterprise and investment.”

    He pointed out that Nigeria’s private sector contributes over 80 per cent of GDP and 90 per cent of jobs, yet legal uncertainty and enforcement challenges remain major constraints.

    He emphasised that strengthening the judiciary, implementing digital case management, and establishing specialised commercial courts are necessary steps for enhancing investor confidence and promoting sustainable growth.

    Obadimu said: “Every thriving economy is built, not merely on natural resources or capital investments, but on the predictability, fairness, and integrity of its legal and regulatory systems.

    “Where justice is slow, uncertain, or compromised, business confidence declines. But where justice is efficient, impartial, and accessible, enterprise flourishes.

    “Across Africa and indeed around the world, evidence shows that economies that strengthen the rule of law also attract greater investment.

    “The World Bank’s Doing Business indicators consistently rank countries with transparent judicial processes among those with the highest inflows of foreign direct investment (FDI).”

    He referred to the World Justice Project Rule of Law Index (2024), which ranks Nigeria 118th out of 142 countries, reflecting persistent challenges in civil justice, regulatory enforcement, and corruption control.

    “These are not just numbers; they are realities that shape the daily experience of our entrepreneurs and MSMEs, the true drivers of our national economy.

    “We must, therefore, approach justice reform not as an abstract legal exercise, but as an economic necessity.

    “A predictable and transparent justice system lowers transaction costs, enhances credit confidence, and ensures that agreements, the very building blocks of commerce, are respected.

    “Indeed, the private sector depends on the rule of law to protect intellectual property and investment rights; guarantee fair competition and transparent regulatory frameworks; and resolve disputes swiftly through courts or alternative mechanisms such as arbitration and mediation.”

    The NACCIMA DG noted that Nigeria has begun to make notable strides through legal and institutional reforms, but said the journey ahead demands deeper institutional commitment.

    “We must continue to drive judicial reforms that promote digital case management, time-bound adjudication of commercial disputes, and the establishment of specialised Commercial Divisions in our courts.

    “Capacity-building for judges, lawyers, and business actors is equally vital to ensure that all understand the economic implications of delayed or inconsistent justice.

    “Beyond the courtroom, justice must also find expression in public policy in transparent procurement systems, fair taxation, predictable regulation, and the sanctity of contracts.

    “When government actions are consistent with the rule of law, businesses plan better, invest more confidently, and expand sustainably.

    “As we look toward the coming decade, let us remember that justice is not only a moral virtue, but also a strategic advantage.

    “Strengthening the rule of law is the surest route to restoring investor confidence, unlocking innovation, and ensuring that our growth is both inclusive and sustainable.

    “Let us, therefore, work together, policymakers, the judiciary, the bar, and the private sector, inclusive to build a justice system that is not only fair, but functional; not only independent, but efficient; and above all, one that truly enables enterprise to thrive.”

    Place of legal technology

    Head of Communications at DigitsLaw, Osho Alaba, described the platform as a cloud-based legal practice management solution designed to meet Africa’s unique legal and regulatory environment.

    She said the platform enables:

     Seamless collaboration among lawyers, corporate legal teams, and justice institutions

        Streamlined workflows, file sharing, and task management

        Mobile access for real-time updates on cases and client communications

        Compliance with local regulations while supporting innovation

    Digitslaw, she said, is designed to help law firms, corporate legal teams, and justice institutions operate efficiently in a digital era.

    “We provide an end-to-end suite of tools that streamline legal workflows, enhance collaboration, and support data-driven decision-making across the justice system.

    “Our mission is to digitise legal operations in Africa and empower legal professionals with technology that improves access to justice, transparency, and service delivery.

    “We also have a powerful mobile application that enables lawyers and legal teams to manage their work seamlessly on the go.

    “From accessing case files to tracking court dates, tasks, and client communication, the app ensures that critical information and tools are always within reach, whether in chambers, in transit, or inside the courtroom.

    “With real-time notifications, secure access to documents, and the ability to update matters and activities remotely, the Digitslaw mobile app brings flexibility, speed, and continuity to legal practice.

    “It empowers modern legal professionals to stay productive and connected anytime, anywhere,” Alaba said.

    The Rule of Law Scorecard, an evidence-based framework being developed under the PSDdF to assess and track Nigeria’s progress in strengthening the rule of law and democratic governance, was also introduced at the event.

  • The Judiciary: an assessment of executive interference in criminal justice

    The Judiciary: an assessment of executive interference in criminal justice

    • By Sofiyat Abdul-rouf

    Introduction

    Involvement of Executive in the criminal justice has over the years tagged as a major problem affecting administration of criminal justice in Nigeria without critical looks into the other role it plays. The Judiciary as an independent body established by the constitution as also been labeled as non-neutral and being unjust in the dispensation of justice especially when the matter revolves around criminal justice. The basis for  the criticism is that each governmental tiers are seen as the separate body who should have nothing to do with the work of another to ensure the smooth running of administration.However, this presentation will centre on Judiciary in Nigeria, whether there is an independent Judiciary in Nigeria, and the assessment of the Executive Involvement in Criminal justice.

    The Nigeria Judiciary

    The advent of colonialism in Nigeria, though established a modern structure of judiciary and vested the judicial power in the court, was not the one that introduced the judicial system in then ethnic political groups that make up Nigeria now. Although the systems operating in each part were different, they all had the customary law guiding political units and the way in which the disputes were being resolved. Colonialists between 1861-1960 established formal judicial structures as part of their colonial administration. The introduction of English common law and statutory laws began to reshape the legal landscape.

    However, Nigeria after the independence in 1960 underwent regorious challenges and still undergoing changes in the judicial system. These range from agitation for the full autonomy in 1960 – 1963, to being Republican 1963 before the interrupting of military in 1966 which lasted for not less than  13 years before reinstitution of democracy in 1979 which was also interrupted by the military 1983.  However, until the final reinstitution of democracy in 1999, despite military interference, the judiciary often remained a crucial institution for legal redress and the protection of rights, although its independence was frequently challenged.

    It should be noted that challenges and changes cannot be overruled in development of any state, therefore, different challenges has been posed and tactical changes have been made to ensure that judiciary in Nigeria is strengthen and justice is uphold in Nigeria.

    Is the Judiciary independent in Nigeria?

    Putting constitution into cognisance, Judiciary in Nigeria is an independent body created by the law and its power is vested in the court. Unlike other tiers of government that are being elected into the office, the National Judicial council is established to oversee the appointment of Judicial officials. This is to ensure that they have the authority to interpret the law, adjudicate disputes, and protect the rights of individuals without interference from the executive or legislative branches.

     It should be noted that, there is no watertight separation of power in Nigeria federal system. While the executive have the power to rectify and accent to the bill proposed by the National Assembly, the National Assembly can actually make the bill into law if the executive refuses to accent to the bill. Also, the law making function of the National Assembly can also be performed by the executive in respect of some matters specified by the constitution, the Judiciary in the cause of interpreting the law makes law which serves as a precedence and  binding law. Yet,  the judiciary in Nigeria is an independent body established by constitution to uphold the justice.

    An Assessment of Executive Interference in Nigeria criminal justice

    In addressing the issue of executive involvement in criminal justice, attention should be given to the fact that any crime committed within the state is seen as an offence against the state and not the victim as we have in civil litigation. It is then on this preset I will be examining the involvement of the Executive in criminal justice in Nigeria.

    The Attorney-General of the Federation (and the A.G of states) is the chief law officer in Nigeria.

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    The position is established by the Constitution of Nigeria and comes with a broad range of responsibilities and powers that significantly impact the administration of criminal justice in the country. Being the chief law officer of the state, section 174 of the 1999 Constitution gives the Attorney General of the Federation the power to institute and undertake criminal proceedings against any person before the courts of law in Nigeria ( see section 211 for the power of the state AG) in respect of any offence created by or under Act of National Assembly.

    In addition to the power to institute criminal proceedings, is the power to take over, continue and discontinue with any criminal proceedings at any stage before the judgment is delivered. In the exercise of his power,  the Attorney General must have regard to public interest,the interest of justice and need to prevent abuse of the legal process.

    Furthermore, on the interference in the criminal justice by executive, there is the need to understand the fact that the executives are the one in charge of security and defence in this country. The police officers, by the power given to them in section 4 of Police Act, are saddled with the responsibility of prevention and detection of crime, apprehension of law and order, protection of life and property, and the due enforcement of laws and regulations.

    Additionally, for the judgment made by court in respect of the punishment of the serious crime to be executed, the executive must sign it. For instance, the judgment of death cannot be melted on the convict until and unless signed by the executive. This gives us sharp knowledge on how the involvement of executive in criminal justice cannot be written off in administration of our criminal justice. It should be noted that, for the Judiciary to efficiently and effectively perform their role of justice dispensation in criminal matters, the role played by the Attorney General as chief law officer in public prosecution, the role of the police in ensuring due enforcement of law and the Prison Warders in charge of correctional centers cannot be overlooked.

    However, despite the important roles highlighted above, the interference of the executive still remains lacuna in the dispensation of justice by the Judiciary in Nigeria especially in criminal matters. The problem that firstly arises is the double position of the Attorney-General of the Federation who is both the Chief Law Officer and the Minister of Justice. The office of the Chief Law officer who was supposed to be answerable only to the public is now enjoined with that of minister of justice who is primarily accountable to the executive .(President or Governor respectively). This creates a sudden and bastardised Judicial system and affects the proper administration of our criminal justice, because it gives the chance for nepotism, favoritism and bias in the dispensation of criminal justice.

             It is ofthat, in as much as their is the fusion in the office of the Chief Law officer and Ministry of Justice (which basically should be separated because differences in their function), Nigeria criminal justice cannot clear itself from the hand politicization in Judiciary. Many a case, where although certain requirements have been met, yet the appointment or recommendation still base on ‘who knows who”. And Nigeria are typically known for being indebted to their benefactor. One cannot ,as of fact, bite the finger that feeds him.

            Similarly, though it is provided in the constitution that the Consolidated Revenue Fund must be paid directly into the National Judicial Council for the disbursement to the appropriate personnel, the practicality of it still remains challengeable. The funding of the NJC is a critical aspect of maintaining judicial independence and ensuring the smooth functioning of the judicial system. Practically, there have been instances and reports where the process may not always be as straightforward. These aforesaid issues often evolve from bureaucratic bottlenecks and other administrative challenges that may impact the timely release of funds and this pose a greater threat to the Independence of Judiciary and bring about the delay in justice dispensation. All attempts to reform  and ensure that the judiciary receives its due funding promptly and without undue interference so far, have not yield a productive result.

             The influence of the executive on the law enforcement agencies such as Economic and Financial Crime Commission (EFCC), National Drug Law Enforcement Agency (NDLEA) and the likes, is sometimes  questionable.This interference can lead to selective enforcement of laws, where political opponents are targeted and allies are shielded from being prosecution.

             The top priority of any good government  is the protection and preservation of Public Interest. The interference of the executive in criminal justice has undermined the fast dispensation of justice (if given at all). The discretional power of the Attorney-General to take over, continue and discontinue at any stage of criminal justice sometimes trample on the right of the victim in criminal matters. The office of the Chief Law officer, should infact, be independent and only answerable to the public.

             However, to solve these problems mentioned, there is the need to strengthen the judiciary by making them independent and have full autonomy on the funding and running of Judicial system.For instance, the Executive Order No. 10 of 2020, signed by President Muhammadu Buhari, was aimed at granting financial autonomy to the judiciary and legislative of the state.

             The Attorney general should be only the Chief Law officer and not fusion with the Minister of justice. Since the role of former is to protect the law, while latter is an administrative role and answerable to the executive, the two offices should be created separately and assigned function respectively. This is to prevent undue interference and to uphold the justice in the judicial system.

             To help Nigeria out of  judicial trauma, civil society and media have important roles to play in bringing the executive into account and criticizing the political involvement, favoritism, nepotism and bias in criminal justice.

    Conclusion

              Basically, each arm of government serves as a check to one another. But the amount of the interference of the executive in criminal justice in Nigeria has become a loophole that is affecting our Judiciary. To ensure a better and independent Judiciary, reform should be done to the manner of the appointment of the Judiciary as well as the Attorney General. The Judicial office of the Chief Law Officer should be separated from the office of the Minister of justice and proper amendment should be made in regards to the functions they perform.

    The media and civil societies are also one of the ways of condemning the interference of executive in criminal justice.

  • Judiciary not responsible for political crisis – Loyibo

    Judiciary not responsible for political crisis – Loyibo

    A senior member of the bar, High Chief Mike Loyibo, has risen in defence of the judiciary, dismissing the allegation that various conflicting judgements by the arm of government are responsible for the political challenges in the country.

    He exonerated the bar and the bench of any complexity arising from judgements on political issues in the country. 

    Loyibo argued that irrespective of the case, judgements are served based on the facts presented before the court.

    Loyibo spoke in Abuja shortly after the National Chairman of the All Progressives Congress (APC), Dr. Abdullahi Umar Ganduje commissioned the Abuja office of his law firm, M.E Loyibo & Company.

    Asked what should be done by the judiciary to redeem its image on various conflicting judgement on political issues, Loyibo said: “I don’t think that accusation is correct. Some of you in the media who accuse the judiciary, does not have the facts of the matter.”

    He argued further: “judgement is given depending on what was presented to the court. You can not stay from outside with media perspective that the judiciary is always corrupt. 

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    “We were all alive when Peter Obi under President Obasanjo won his case in the Supreme Court and was returned as the governor of Anambra State. So when judgement does not favour you, the judiciary is accused. 

    “Judgement is served base on the facts of the matter. It is not what is presented in the public places. The law itself is based on facts”

    On his assessment of the judicial system,  Loyibo said: “Nigerian judicial system is not there yet. There are loyalty of reforms that are going on to make it a perfect institution.”

    Commissioning the law firm, APC National Chairman, Ganduje advised politicians to always seek lawful means to resolve any political issue, especially as the country is gearing up for 2027 general elections. 

    The former Kano Governor noted that as the country move towards elections, litigations by politicians are inevitable, even when political parties are not praying for cases, he maintained that political cases cannot be avoided.

    “From primary to the election period and other political activities, I know politicians are conversant with litigations, they should seek solution to any dispute through lawful means,” he stated. 

    Ganduje advised the law firm to rise to the defence of the common man and give hope to the hopeless.

    Senator Ned Nwoko (Delta North) and other APC chieftains from Delta state were in attendance at the ceremony. 

  • Legal giants warn against ridiculing of judiciary

    Legal giants warn against ridiculing of judiciary

    • Jurists demand improved enforcement of standards, ethics

    Legal giants gathered in Abuja last Wednesday for the maiden annual lecture of the Body of Benchers (BOB). Speakers highlighted what is wrong with the profession and suggested ways to restore confidence in the justice system, reports Assistant Editor ERIC IKHILAE

    It was a gathering of mature legal minds in Abuja on March 26, during which participants scrutinised the state of legal practice.

    They identified ways to remedy lapses and improve public confidence in the judicial system.

    It was at the maiden annual lecture of the Body of Benchers (BOB) of Nigeria.

    Participants discussed how to restore high standards in the practise of law.

    Of major concern to all speakers was the dwindling adherence to professionalism and increasing disregard for ethics.

    The challenges

    BOB Chairman, Chief Adegboyega Awomolo (SAN), noted that the legal profession was susceptible to the vagaries of human existence, including the rapid changes brought about by science and technology.

    He added that the current reality had ignited the debate about the urgent need for legal education reform.

    He said a key topic of debate in this regard was whether a law degree should become a second degree in the university.

    This, he said, is given the consensus that the standard of lawyers being produced is of less quality than years past. He noted suggestions for the reconsideration of the minimum qualification and age for admission to study law in the country.

    Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, noted that “strict adherence to ethical principles in the legal profession and society at large is facing serious challenges.”

    She said: “Today, more than ever, there is an urgent need to recommit ourselves to the fundamental values of ethics, discipline, and professional responsibility.”

    Fashola: it’s wrong to argue cases on TV

    From the presentation by the keynote speaker and former Governor of Lagos State, Babatunde Fashola (SAN), the problem is attributable to the challenge of quality control, resulting from the increasing population of entrants into the profession.

    The ex-governor recalled that, in his days, there was strict attention to quality control by those with the responsibility of admitting law graduates into the profession.

    He noted that in his early days in the profession, while there was only one Law School in Lagos, there were about 10,550 registered lawyers when he enrolled at the Supreme Court in 1988.

    As noted by the ex-governor and former minister, not only has the number of universities increased, leading to the production of more law graduates annually, but the law school has also expanded, with seven campuses, to accommodate more intakes.

    Fashola said: “As we move from the past to the present, we must acknowledge that the Supreme Court, in which I registered in Lagos, is now in Abuja.

    “The Nigerian Law School, which was only in Lagos, now has schools in Abuja, Bayelsa, Kano, Enugu, Yola, and Port Harcourt in addition to the Lagos School.

    “Our Law School is now graduating about 5,000 students on average per annum. This is about half of the 10,550 lawyers who registered in Nigeria when I enrolled in 1988.

    “There are now 146,255 lawyers on the nominal roll,” he said.

    Fashola expressed concern about the growing practice where lawyers argue their cases on television and criticise judicial decisions on such platforms.

    He said: “When. I was in this parish (when he was practising), it was an anathema to argue your case on the television.

    “There is also a good reason for us to be concerned about public perception of our administration of justice system in which lawyers produced from the Law School and admitted to the Bar by the Body of Benchers play a prominent role.”

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    How not to criticise the Judiciary, by Justice Ogunwumiju

    Justice Helen Ogunwumiju of the Supreme Court was unhappy that some lawyers were in the habit of denigrating the Judiciary without being subjected to existing disciplinary measures.

    She noted that lawyers now engaged in criticism of cases and court decisions on the media as a method of attracting publicity or as part of advocacy, driven by vested interests.

    She said: “In contentious cases, when judicial decisions given by the apex court are different from their views, these lawyers propagate narratives, suggesting judicial corruption or incompetence.

    “Some lawyers frequently appear on television, radio or social media to criticise judgments they have never read nor understood, often quoting fictitious excerpts and disregarding judicial reasoning.

    “It has become common for lawyers to publicly criticise judicial proceedings in which they are involved right within the court premises, instead of pursuing legitimate appellate avenues.

    “The profession appears to have collective amnesia regarding the principle of sub-judice, which prohibits commentary on ongoing judicial proceedings, pursuant to Rule 33 of the Rules of Professional Conduct.”

    Justice Ogunwumiju noted that this unhealthy practice by some lawyers accounts for the growing erosion of professional ethics in the legal profession, which undermines the historical respect from the public which is enjoyed by both the bench and the bar.

    She took a swipe at the leadership of the Nigerian Bar Association (NBA) for failing to rein in some of its erring members.

    Justice Ogunwumiju added that she was disappointed that, despite being empowered under Rule 4(5) of the Legal Practitioners Disciplinary Committee Rules 2020, the NBA has not taken any proactive disciplinary measures against such behaviour, which suggests that “perhaps the official bar is complicit in it.”

    She said it was not unusual for lawyers to criticise the Judiciary, but that such exercise should be carried out appropriately, through recognised avenues.

    Justice Ogunwumiju said: “Criticism of the Judiciary exists worldwide. It is not confined to our country.

    “Constructive criticism is distinguished by its objective of improving jurisprudence not aimed at vilifying individual judges or the Judiciary as a whole.

    “There are established avenues available in this profession for lawyers, genuinely interested in contributing constructively to legal discourse.

    “They may write thoughtful dissent, scholarly analysis for publication in legal journals or in other appropriate NBA fora… including the NBA journal,” Justice Ogunwumiju said.

    How to redeem the profession

    Justice Kekere-Ekun, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), Fashola and an Abuja-based lawyer, Kelvin Okoko suggested ways to address the identified challenges currently plaguing the legal profession.

    They specifically tasked the BOB to take a second look at its operations with a view to reviewing its approach to the same place execution of its responsibilities.

    The CJN said the BOB, as the apex institution of the legal profession in the country, is uniquely positioned to lead the charge in this regard.

    She added: “The responsibility of upholding the legal profession’s sanctity rests heavily on its shoulders, and I have no doubt that the Body will continue to rise to the occasion.

    “The enforcement of professional discipline among legal practitioners, through the Legal Practitioners Disciplinary Committee (LPDC), is a vital function that must be pursued with fairness, transparency and unwavering resolve.”

    Fashola noted that to maintain high ethical standards in the profession, members of the BOB must not only keep their hands firmly on the regulatory door of admission to the bar, but “they must lead a crusade of urgency to remove unsuitable persons and characters before they bring down the house.”

    He suggested the need for the BOB to reform the training process of persons called to the Bar, which could include the separation of the training of solicitors from barristers or advocates.

    Fashola queried whether it was not time to separate and specialise the training of solicitors from barristers or advocates, given current public concerns about the administration of justice.

    He said: “The focus on barristers/advocates is particularly important because it is the output of their work in the courtrooms that the public is concerned about.

    “Is this not the time to also look in the mirror and at the current Law School curriculum and ask ourselves what kind of advocate we can train in one year with a theoretical outlook and insufficient time or infrastructure for courtroom practice and exposure?

    “By reforming the training process of persons called to the Bar(as distinct from solicitors, whose ‘work is not so much public facing) we can secure a prosperous future for the legal profession that is anchored on sound ethical foundations of competence, character and integrity.”

    Fagbemi, who was represented by the Solicitor- General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba, said the time for the BOB to redeem the profession was now.

    He said: “The BOB holds a position of great responsibility in the Nigerian legal profession, not only in the admittance of new lawyers but also in maintaining the ethical standards that sustain the profession’s credibility.

    “As gatekeeper, it has an obligation to uphold the integrity of our profession and address any decline in professional conduct.

    “This is a task that requires courage, vigilance and unyielding dedication to the principles of justice and fairness.

    “In this context, the BOB must continue to be proactive, innovative and responsive of emerging challenges in the legal field.

    “We must be resolute in enforcing rules that ensure that our colleagues operate above reproach in every aspect of their practice.”

    Okoko seeks more roles for BOB, decentralised LPDC

    Okoko said part of the measures to be adopted in ensuring discipline and high moral standards among lawyers was for law schools and legal institutions to reinforce the importance of ethical conduct, professionalism, and discipline in their curricula.

    He added that practical training that emphasises ethical behaviour in real-world situations could also be introduced early in legal education.

    Okoko said the NBA and other regulatory bodies should strengthen oversight of lawyers’ activities, which could include more proactive monitoring of legal practice, reviewing complaints promptly and applying disciplinary actions when needed.

    He also suggested the need for relevant agencies to encourage the public to report unethical behaviour and provide a more accessible complaints process.

    Okoko argued that it is essential to make the consequences of indiscipline and unethical practices more transparent and known.

    “Lawyers found guilty of misconduct should face swift and proportional penalties, including disbarment, suspension, or fines, to act as a deterrent.

    “Regular seminars, workshops, and conferences on ethics in law can be organised, where lawyers can refresh their understanding of ethical rules and how to maintain the highest standards in their practice,” he said.

    Okoko suggested the need for judges and the Judiciary to lead the way by adhering strictly to ethical standards in their judgments and conduct.

    “They can also provide stronger guidance on ethics during court proceedings and act decisively when unethical conduct is observed.

    “The Body of Benchers, as the supreme regulatory body for legal practitioners in Nigeria, could take a more active role in investigating complaints, monitoring ethical standards, and disciplining those who breach the code of conduct,” he said.

    Okoko further suggested that the LPDC should be decentralised by creating offices in the six geopolitical zones, with more panels, to ensure effective disciplinary action against indiscipline and unethical conduct by lawyers.

  • A busy 2025 looms for the judiciary

    A busy 2025 looms for the judiciary

    From the Kano Emirates cases, off-season election petitions, the suit on Ohanaeze leadership, the trial of former Central Bank Governor Godwin Emefiele and the Rivers State House of Assembly leadership litigations, among others, 2025 could be another busy year for the judiciary. Deputy News Editor JOSEPH JIBUEZE, Assistant Editor ERIC IKHILAE, ADEBISI ONANUGA, ANNE AGBI, TIMILEHIN BABATOPE and ELIZABETH EZE highlight the major cases to look forward to this year.

    The 2023/2024 legal year was a busy one for the judiciary, with 13,648 cases filed at the Federal High Court alone.

    Of the number, 10,148 were disposed of, with 155,969 pending.

    Hearing in the pending cases will continue this year, aside from fresh ones to be filed.

    A breakdown of the cases shows 43,030 civil cases were heard last year by the Federal High Court; while 41,335 criminal cases, 28,760 fundamental rights enforcement actions and 42,844 AMCON cases, petitions and motions were adjudicated on.

    The Supreme Court handled 1,124 cases, delivering 247 judgments and rulings.

    There were 435 civil appeals, 269 civil motions, 219 criminal appeals, 102 criminal motions, 89 political appeals, and 10 originating summons.

    The Supreme Court delivered a total of 247 judgments and rulings, including 74 political cases, 92 civil cases begun by originating summons, and 81 criminal cases.

    Other high courts were similarly busy in 2024, and 2025 will be no different.

    We bring you cases that will potentially make headlines this year:

    The Kano Emirate case

    How the Kano Emirate case is finally decided by the courts will be one to watch this year.

    Last May 29, conflicting orders that emanated from courts of coordinate jurisdiction got the attention of the National Judicial Council (NJC) and the Nigerian Bar Association (NBA).

    The NJC summoned the chief judges of the Federal High Court and the Kano High Court over the conflicting interim injunctions issued by their judges on the Kano Emirate crisis.

    Two courts gave conflicting orders involving the Emir of Kano Sanusi Muhammadu Sanusi II.

    The first order by Justice S. A. Amobeda of the Federal High Court ordered Sanusi’s eviction from the palace.

    The second order by Justice Adamu Aliyu of the State High Court restrained security agencies from evicting the monarch or seizing his symbol of authority.

    A Kano High Court earlier ordered the police to evict the deposed Emir Ado Bayero from the Nasarawa Palace.

    Justice Amina Aliyu issued an interim injunction restraining Bayero and the emirs of Bichi, Rano, Gaya and Karaye from parading themselves as monarchs.

    Four days earlier, the Federal High Court in Kano had granted an order restraining the state government from enforcing the Emirate Council Repeal Law that reinstated Sanusi.

    Justice Mohammed Liman the Federal High Court in Kano had also nullified Sanusi’s reinstatement as the 16th Emir of Kano.

    While the judge did not invalidate the Kano Emirate Council (Repeal) Law, he held that actions taken on its basis were null and void due to the state government’s failure to maintain the status quo as he ordered.

    But, the state government swiftly interpreted the order to be in its favour.

    It asked the police to evict Bayero from the Nasarawa palace, which it said would be demolished for a renovation.

    The state government insisted that Sanusi remained the Emir because it received the order for status quo on May 27, having reinstated Sanusi on May 23.

    Justice Liman had granted a virtual order on May 23 restraining the state government from enforcing the Emirate Law that reinstated Sanusi.

    Read Also: Makinde presents instruments of office to Alaafin

    The NBA had called for disciplinary measures against lawyers and judges involved in the conflicting orders.

    Former president Yakubu Maikyau (SAN) said in a statement: “The conduct of counsel and the courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court and again the Federal High Court, in circus, have brought utter disgrace and shame to the profession.

    “They have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.

    “The damage is one that would take the legal profession a long time to recover from. It is unfortunate and was totally uncalled for.”

    The cases are now on appeal, with other parties, including a Kano kingmaker, Aminu Babba Dan Agundi, set to challenge the Court of Appeal judgment which set aside the order by Justice Liman.

    Emefiele

    The trial of former Central Bank of Nigeria (CBN) governor Godwin Emefiele will continue on February 24 in Lagos.

    He is standing trial before Justice Rahman Oshodi over abuse of office and alleged $4.5 billion and N2.8 billion fraud while in office.

    Justice Oshodi on January 7 dismissed an application brought by Emefiele through his lawyer, Olalekan Ojo (SAN) challenging its jurisdiction.

    The court held: “The prosecution has established sufficient territorial nexus in this case.”

    Emefiele is also on trial before the High Court of the Federal Capital Territory (FCT) on two separate charges.

    He is before Justice Hamza Muazu on a 20-count amended charge bordering on conferment of corrupt advantages, conspiracy, criminal breach of trust, forgery and obtaining by false pretences to the tune of $6,230,000.

    Emefiele is also facing a four-count charge before Justice Maryanne Anenih in which he is, among others, accused of “illegal” printing of naira notes in its fresh charge.

    Ohanaeze leadership

    Although a former Senator representing Rivers East at the National Assembly, John Azuta Mbata, was elected the new President-General of Ohanaeze Ndigbo Worldwide, the court may still have a say unless a settlement is reached.

    Former Inspector-General of Police, Sir Mike Okiro, withdrew from the race until the court case challenging his state of origin was determined.

    An interim order by the Enugu State High Court restrained him from contesting the Ohanaeze election on the basis that he hails from Imo rather than Rivers.

    Okiro said despite the court order being based on alleged non-indigene status and contradicting verifiable facts, he opted not to participate in the election despite having not been served.

    “I have instructed my lawyers to pursue the case to its logical conclusion to ensure that the purveyors of hate and lawlessness are brought to book in line with our enabling laws.

    “As provided by our constitution, I demand to be heard, and I am sure that the court will ensure that the twin pillars of natural justice will be observed to the letter in handling the case. We have not lost hope in our judicial system,” he said.

    First Bank vs General Hydrocarbons

    On January 20, there will likely be fireworks when the case by First Bank of Nigeria Limited and FBNQuest Trustees Limited against General Hydrocarbons Limited and its directors resumes before Justice Deinde Dipeolu of the Federal High Court in Lagos.

    The court froze the firm’s and directors’ accounts in all financial institutions in Nigeria over an outstanding indebtedness amounting to $225,802,379.69, which General Hydrocarbons denies owing.

    Election petitions

    A few tribunals will also be busy with petitions from off-season elections.

    For instance, in Edo State, seven of the 18 political parties that participated in the September 21, 2024 governorship election filed petitions against APC, Monday Okpebholo and INEC at the election petitions tribunal in Benin.

    The petitioners include the Peoples Democratic Party (PDP), Social Democratic Party (SDP), Zenith Labour Party (ZLP), Action Democratic Party (ADP), Accord (A), Allied Peoples Movement (APM), and Action Alliance (AA).

    Yahaya Bello

    After months of hide and seek, the EFCC arraigned the former Governor of Kogi State, Yahaya Bello, before two courts on separate charges.

    Bello was, on November 27 arraigned before Justice Maryanne Anenih of the High Court of the Federal Capital Territory (FCT) alongside Umar Shuaibu Oricha and Abdulsalami Hudu, on a 16-count charge bordering on criminal breach of trust and money laundering to the tune of N110.4billion.

    On December 16, he was again arraigned before Justice Emeka Nwite of the Federal High Court, Abuja a 19-count charge bordering on criminal breach of trust and money laundering, to the tune of N80.2billion.

    Both trials are sure to make headlines this year.

    Farotimi

    A major case to watch out for is the criminal and civil defamation cases by Aare Afe Babalola (SAN) and members of his law firm against Dele Farotimi.

    Rivers crisis

    How the courts resolve the Rivers political crisis is surely one to watch this year.

    Last October 10, the Court of Appeal ruled that Rivers State Governor Simianalayi Fubara must present the 2024 Budget to the Martins Amaewhule-led House of Assembly.

    It held that the governor was wrong to have presented a budget to four members of the 32-man House of Assembly.

    It affirmed the Federal High Court judgment nullifying the passage of the Rivers State Budget by a four-member House of Assembly.

    In a unanimous judgment, a three-member panel of the Abuja Appeal Court, led by Justice Joseph Oyewole, held that the appeal filed by Governor Siminalayi Fubara against the January 22, 2024 judgment was unmeritorious.

    Justice James Omotosho of the Federal High Court had nullified the passage of the N800 billion 2024 budget, describing it as illegal.

    Fubara directed his lawyers to head for the Supreme Court to set aside the verdict and to apply for a stay of execution.

    The governor insisted that the judgment did not reinstate the Martin Amaewhule-led State House of Assembly.

    In a statement by the Attorney-General and Commissioner for Justice, Israel Dagogo Iboroma (SAN), the governor insisted that Amaewhule and 26 others defected to the APC on December 11, 2023.

    He said their seats became automatically vacant from the day they announced their defection from the PDP to the whole world.

    The Attorney-General insisted that the issue of defection of Amaewhule and 26 others was never before the Federal High Court and the Court of Appeal, Abuja, and therefore, no court had legitimised their membership of the House of Assembly on the basis of the defection.

    “By operation of Law, particularly Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on the 11th day of December 2023, as Section 109(1)(g) is self executory as no court order is required thereof.

    “The governor on the 13th day of December, 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognised as the Speaker of the Rivers State House of Assembly at the time.

    “The Appropriation Bill was later passed into Law and became the Appropriation Law of 2024. An Appropriation Law is a state law within the purview of the High Court of Rivers State.

    “Following the crisis in the Rivers State House of Assembly and the intervention by the President of the Federal Republic of Nigeria, that the parties withdraw their cases in court to allow peace reign, the governor obeyed the President’s directive and withdrew his cases and the processes he filed in Suit No FHC/ABJ/1613/CS/2023.

    “Martin Amaewhule and others disobeyed the President and did not withdraw Suit No. FHC/ABJ/1613/CS/2023 and proceeded to obtain judgment against His Excellency, the Governor of Rivers State.”

    Nnamdi Kanu

    Following the allegation of bias by Indigenous People of Biafra (IPOB) leader Nnamdi Kanu, Justice Binta Nyako recused herself from his terrorism trial and returned the case file to the Chief Judge.

    The CJ later rejected her decision to hand off the case and directed that she continue with the case.

    Last week, the prosecuting lawyer, Adegboyega Awomolo (SAN), wrote the trial court, demanding that a date be set for the resumption of trial, a request one of Kanu’s lawyers rejected.

    The trial is expected to continue this year unless calls for a political settlement are heeded.

    The Supreme Court on December 15, 2023, dismissed Kanu’s cross-appeal.

    It reversed the October 13, 2022 decision of the Court of Appeal discharging and acquitting Kanu and held that the Court of Appeal was wrong to have discharged and acquitted Kanu on the ground that the prosecution acted illegally in the manner the IPOB leader was brought back from Kenya.

    The Supreme Court held that despite that Kanu was illegally brought back from Kenya, that unlawful act of the prosecution did not divest the trial court of the jurisdiction to continue his trial.

    Last November 25, the absence of Justice Inyang Ekwo of a Federal High Court in Abuja stalled a N50 billion suit filed by Kanu.

    The case was fixed for February 11 for further mention.

    Kanu, who sued over allegations bordering on violation of his rights, alleged that he was kidnapped from Kenya and brought back to Nigeria to stand trial.

    He wants the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws”.

    He said the charges against him “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria”.

    But the Federal Government in a notice of preliminary objection prayed the court to dismiss the suit, describing it as “an abuse of court process”.

    It argued that Kanu had filed an earlier suit with similar facts before a Federal High Court, Umuahia Division in suit number: FHC/UM/CS/30/2022.

    Obiano

    A former Governor of Anambra State Willie Obiano was arraigned by the EFCC last January 24 before Justice Inyang Edem Ekwo of the Federal High Court, Abuja on a nine-count charge bordering on money laundering, diversion of funds, stealing and corruption to the tune of N4billion.

    His trial will continue this year.

    Ex-AG-F Idris and others

    The N109 billion fraud trial of former Accountant-General of the Federation (AG-F), Ahmed Idris continued with the last proceedings held on December 9.

    The EFCC is prosecuting Idris, his former Technical Assistant, Godfrey Olusegun Akindele; a director in the Office of the AG-F, Mohammed Kudu Usman; and Gezawa Commodity Market and Exchange Limited (said to belong to Idris) on a 14-count charge bordering on stealing and criminal breach of trust to the tune of N109 billion.

    Atuche’s forgery case

    The EFCC on December 16 filed fresh charges against former Managing Director of Bank PHB Plc (now Keystone Bank) Francis Atuche who is serving a six-year jail term for N25.7 billion fraud.

    A five-member panel of the Supreme Court had on June 25 upheld the conviction and six-year jail term slammed on Atuche.

    The Court of Appeal had affirmed Atuche’s conviction on a 27-count in which he and two others were accused of engaging in about N25.7 billion fraud.

    The appellate court had reduced the 12-year sentence earlier slammed on Atuche by the Lagos State High Court to six years.

    In the new charge before Justice Olubunmi Abike-Fadipe of an Ikeja Special Offences Court, Atuche, Nnosiri Joachim (a.k.a. Ifeanyi) and Uguru Onyike were arraigned on a nine-count charge bordering on conspiracy to commit felony and forgery.

    The case was adjourned to May 6, 2025 for trial.

    Dr Olaleye of defilement

    The Lagos State Government said it would appeal the acquittal of the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye of defilement of his wife’s niece.

    The Court of Appeal sitting in Lagos on November 29 discharged and acquitted him of the charge.

    Dr Olaleye was accused of rape of his wife’s teenage niece and was sentenced to life imprisonment by an Ikeja Sexual Offences and Domestic Violence Court.

    How the Supreme Court decided the case will be one to watch.

    Falana vs Verydarkman

    The case by Femi Falana (SAN) against Martin’s Vincent Otse a.k.a Verydarkblackman is another one to watch this year.

    Justice M.O. Dawodu of an Ikeja High Court on October 15 restrained the social media influencer from further releasing, publishing, or circulating any defamatory videos/comments about Falana.

    The court also ordered the defendant to bring down the defamatory video/comments about Falana published on September 24 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of the court.

    Verydarkman had accused Falana of getting involved with convicted cross-dresser Bobrisky “in order to divert justice”.

    Fayose

    The trial of former Ekiti State Governor Ayodele Fayose over N6.9 billion fraud and money laundering will continue at the Federal High Court.

    He was first arraigned on Oct. 22, 2018, before Justice Mojisola Olatotegun, alongside his company, Spotless Investment Ltd., on 11 counts bordering on fraud and money laundering offences.

    He had pleaded not guilty to the charges and was granted bail on Oct. 24, 2018, in the sum of N50 million with sureties in like sum.

  • Judiciary’s biggest 2024 moments

    Judiciary’s biggest 2024 moments

    The outgoing year was a busy one for the judiciary. Many high-profile cases were initiated, convictions were secured, a new Chief Justice of Nigeria (CJN) took office, while the Bar elected a new leader. Deputy News Editor JOSEPH JIBUEZE, Assistant Editor ERIC IKHILAE, ADEBISI ONANUGA, ANNE AGBI and ELIZABEH EZE highlight the major cases and events that shaped 2024.

    As the year comes to an end, we take a look back at the biggest, best and top events from 2024 that shaped the judiciary.

    Emefiele

    The immediate-past Central Bank of Nigeria (CBN) governor Godwin Emefiele is on trial before the High Court of the Federal Capital Territory (FCT) on two separate charges.

    He is before Justice Hamza Muazu on a 20-count amended charge bordering on conferment of corrupt advantages, conspiracy, criminal breach of trust, forgery and obtaining by false pretences to the tune of $6,230,000.

    Emefiele is also facing a four-count charge before Justice Maryanne Anenih in which he is, among others, accused of “illegal” printing of naira notes.

    In Lagos, Emefiele is standing trial before Justice Rahman Oshodi over abuse of office and alleged $4.5 billion and N2.8 billion fraud while in office.

    His co-defendant is Henry Omoile.

    Yahaya Bello

    After being evasive for some months, despite the issuance of an arrest warrant against him, the EFCC eventually arraigned the former Governor of Kogi State, Yahaya Bello, before two courts on separate charges.

    Bello was, on November 27 arraigned before Justice Maryanne Anenih of the High Court of the Federal Capital Territory (FCT) alongside Umar Shuaibu Oricha and Abdulsalami Hudu, on a 16-count charge bordering on criminal breach of trust and money laundering to the tune of N110.4billion.

    On December 16, he was again arraigned before Justice Emeka Nwite of the Federal High Court, Abuja a 19-count charge bordering on criminal breach of trust and money laundering, to the tune of N80.2billion.

    EFCC’s largest asset recovery

    Justice Jude Onwuegbuzie, on December 2, gave a ruling on a final forfeiture of an estate in Abuja measuring 150,500 square metres and containing 753 units of duplexes and other apartments. 

    It is the single largest asset recovery by the EFCC since its inception in 2023. The estate rests on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja

    The forfeiture of the property to the Federal Government by a former top brass of the government was based on Section 17 of the Advance Fee Fraud, 2006.

    Justice Onwuegbuzie held that the respondent had not shown cause  as to why he should not lose the property, “which has been reasonably suspected to have been acquired with proceeds of unlawful activities, the property is hereby finally forfeited to the Federal Government.”

    The commission defended its decision to withhold the identity of the owner after criticism from many Nigerians that it was protecting “big thieves.”

    Obiano

    A former Governor  of Anambra State Willie Obiano was arraigned by the EFCC on January 24 before Justice Inyang Edem Ekwo of the Federal High Court, Abuja on a nine-count charge bordering on money laundering, diversion of funds, stealing and corruption to the tune of N4 billion.

    Ex-AG-F Idris and others

    The N109 billion fraud trial of former Accountant-General of the Federation (AG-F), Ahmed Idris continued with the last proceedings held on December 9.

    The EFCC is prosecuting Idris, his former Technical Assistant, Godfrey Olusegun Akindele; a director in the Office of the AG-F, Mohammed Kudu Usman; and Gezawa Commodity Market and Exchange Limited (said to belong to Idris) on a 14-count charge bordering on stealing and criminal breach of trust to the tune of N109 billion.

    Fake doctor bags jail term

    Justice Abubakar Kutigi of the High Court of the Federal Capital Territory (FCT) in Jabi, Abuja on November 26 sentenced a fake medical doctor, Martins Ugwu (54), to four years and two months imprisonment.

    He claimed ownership of his friend’s medical school certificates with which he got employed in the Federal Ministry of Health, has been jailed.

    Justice Kutigi sentenced Ugwu to six months on each count of the seven-count charge on which he was prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

    Supreme Court judgment on council autonomy

    On July 11, the Supreme Court freed the local governments from the control of the state governments by restraining the states from further taking control or utilising allocations meant for the third tier of government.

    The apex court held, among others, that it was wrong for the state government to retain and utilise local governments’ statutory allocations paid through them for onward transfer to the councils.

    The court equally declared unlawful the running of local governments by non-elected officials and those appointed by the state governments or governors.

    EFCC, ICPC, NFIU survive

    On November 15, the Supreme Court dismissed the suit filed by Kogi and 18 other states challenging the legality of the laws establishing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies.

    The other agencies are the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

    In a unanimous judgment, a seven-member panel of the apex court held that the laws were validly enacted by the National Assembly and that the agencies’ powers were exercisable nationwide.

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    Supreme Court voids National Lottery Act

    The Supreme Court on November 22 nullified the National Lottery Act 2005 enacted by the National Assembly, on the grounds that it was made in violation of the powers donated by the Constitution to the federal legislature.

    The apex court held that the National Assembly lacked the powers to legislate on issues relating to lottery and games of chance.

    The court held that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery and related issues.

    Atuche arraigned for forgery

    The EFCC on December 16 filed fresh charges against former Managing Director of Bank PHB Plc (now Keystone Bank) Francis Atuche who is serving a six-year jail term for N25.7 billion fraud.

    A five-member panel of the Supreme Court had on June 25 upheld the conviction and six-year jail term slammed on Atuche.

    The Court of Appeal had affirmed Atuche’s conviction on a 27-count in which he and two others were accused of engaging in about N25.7 billion fraud.

    The appellate court had reduced the 12-year sentence earlier slammed on Atuche by the Lagos State High Court to six years.

    In the new charge before Justice Olubunmi Abike-Fadipe of an Ikeja Special Offences Court, Atuche, Nnosiri Joachim (a.k.a. Ifeanyi) and Uguru Onyike were arraigned on a nine-count charge bordering on conspiracy to commit felony and forgery.

    The case was adjourned to May 6, 2025 for trial.

    Bishop bags life jail for raping assistant pastor

     On June 26, an Ikeja Special Offences Court sentenced the founder of “I Reign Christian Ministry”, Lekki, Lagos, Bishop Oluwafeyiropo Daniels to life imprisonment for the rape of a female assistant pastor of his church.

    Justice Rahman Oshodi also sentenced the bishop to three years imprisonment for sexually assaulting another member of his church, aged 19 years.

    Farotimi

    A major case of 2024 was the arrest of Dele Farotimi for alleged defamation of Aare Afe Babalola (SAN).

    Members of his law firm have also filed civil suits against Farotimi in different courts.

    Appeal Court frees Dr Olaleye of defilement

    The Court of Appeal sitting in Lagos on November 29 discharged and acquitted the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye of defilement of his wife’s niece.

    Dr Olaleye was accused of rape of his wife’s teenage niece and was sentenced to life imprisonment by an Ikeja Sexual Offences and Domestic Violence Court.

    Lagos State has appealed the acquittal.

    Man bags 21 years for N43.5m fraud

    An Ikeja Special Offences Court on November 18 sentenced the Chairman of the Natural Oil and Gas Suppliers Association of Nigeria (NOGASA), Fatuyi Yemi Philips, to 21 years in prison for his involvement in a N43.5 million fraud.

    Justice Mojisola Dada found Philips guilty of a two-count charge offence filed against him by the EFCC, which accused him of obtaining the sum by false pretences.

    NBC stopped from imposing fines

     The Federal High Court in Lagos on June 13 ordered the National Broadcasting Commission (NBC) to stop using the NBC Act and the Nigeria Broadcasting Code to impose fines on broadcast stations.

    The court declared that NBC and its agents lack the legal power and authority to impose penalties unilaterally, including fines, suspension, withdrawal of licence or any form of punishment whatsoever on independent media houses for promoting access to diverse information on issues of public importance.

    Verydarkman Vs Falana

    Justice M.O. Dawodu of an Ikeja High Court on October 15 restrained a social media influencer, Martin’s Vincent Otse a.k.a Verydarkblackman, from further releasing, publishing, or circulating any defamatory videos/comments about Femi Falana (SAN).

    The court also ordered the defendant to bring down the defamatory video/comments about Falana published on September 24 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of the court.

    Verydarkman had accused Falana of getting involved with convicted cross-dresser Bobrisky “in order to divert justice”.

    Bobrisky

    In April 2024, the EFCC arrested Idris Okuneye, known as Bobrisky, for defacing naira banknotes, following social media videos that showed him throwing money in the air at a film premiere.

    Bobrisky was arraigned on April 5, 2024, before the Federal High Court in Lagos, on four counts of currency abuse under the Central Bank of Nigeria (CBN) Act.

    Justice Adenike Lawal found Bobrisky guilty of defacing naira notes after he pleaded guilty to four counts of currency abuse.

    Cubana Chief Priest

    Businessman and socialite, Pascal Okechukwu, popularly known as Cubana Chief Priest, was also charged with naira abuse but settled with the EFCC.

    Cubana Chief Priest was arraigned on April 17 before Justice Kehinde Ogundare on three counts bordering on abuse of naira.

    He pleaded not guilty to these charges. On June 25, the court struck out the charges against him.

    As part of the settlement, Cubana Chief Priest agreed to pay N10 million fine and committed to conducting bi-monthly sensitisation campaigns against the abuse of Naira notes.

    Fayose

    The trial of former Ekiti State Governor Ayodele Fayose over N6.9 billion fraud and money laundering continued at the Federal High Court.

    He was first arraigned on Oct. 22, 2018, before Justice Mojisola Olatotegun, alongside his company, Spotless Investment Ltd., on 11 counts bordering on fraud and money laundering offences.

    He had pleaded not guilty to the charges and was granted bail on October 24, 2018, in the sum of N50 million with sureties in like sum.

    Rivers allocation

    The Appeal Court in Abuja on December 13 set aside all orders made by a Federal High Court in Abuja restraining the Central Bank of Nigeria and the Accountant General of the Federation (AG-F) from further releasing financial allocations to the Rivers State government pending when a lawful appropriation act is passed by a validly constituted State House of Assembly.

    A three-member panel, led by Justice Hamman Barka, held that the subject matter of the case was not within the jurisdiction of the Federal High Court because it related to the revenue of a state.

    The Court of Appeal held that the appeal, filed by the Rivers State Government against the October 30 judgment by Justice Joyce Abdulmalik of the Federal High Court, Abuja, was meritorious.

    Supreme Court refuses to remove Tinubu

    The Supreme Court on December 16 dismissed the lawsuit seeking the removal of President Bola Ahmed Tinubu from office.

    The suit filed by the presidential candidate of the Hope Democratic Party in the 2019 general election, Ambrose Aworu, sought Tinubu’s removal based on Central Intelligence Agency and drug allegations.

    The apex court in a unanimous decision by a five-member panel of justices led by Justice Uwani Abba-Aji, on Monday held that the suit was frivolous and that Owuru be fined the sum of N5 million.

    It further warned the Registry of the Supreme Court not to accept any frivolous originating summons from the plaintiff again.

    Owuru alleged that President Tinubu is an active agent of the CIA of the United States of America, a position he argued makes him unfit to occupy the presidential seat.

    The plaintiff equally urged the apex court to disqualify Tinubu on the account that he had earlier forfeited the sum of $460,000 to the government of the USA in a drug-related case.

    He prayed the Supreme Court to invoke section 157 of the 1999 Constitution, as amended, and oust Tinubu from office for being under the control of foreign authorities.

    Ariwoola retires

    On August 22, Justice Olukayode Tajudeen Ariwoola retired as the Chief Justice of Nigeria (CJN).

    Kekere-Ekun steps in

    On September 30, Justice Kudirat Kekere-Ekun took office as the substantive CJN following her Senate confirmation.

    Justice Kekere-Ekun is the second female Chief Justice of Nigeria (CJN) after Aloma Mukhtar and the 23rd.

    She joined the Bench as a Senior Magistrate Grade II in the Lagos State Judiciary in December 1989, where she served for seven years before she was appointed a Judge of the High Court of Lagos State in July 1996.

    She sat for eight years and was elevated to the Court of Appeal on September 22, 2004.

    For nine years, she served in five divisions of the Court of Appeal, some as presiding justice, until her elevation to the Supreme Court on June 8, 2013.

    Osigwe elected NBA president

    Before the election was held on July 20, the projections had favoured Mazi Afam Osigwe as the candidate to beat for the position of president of the Nigerian Bar Association (NBA).

    It was not surprising to many observers when he took the ascendancy in the polling as results of the virtual election, updated per minute on the viewing portal, streamed in.

    He stayed ahead from the exercise beginning at midnight till voting ended at 11.59 pm the following day.

    Electoral Committee of the NBA (ECNBA) Chairman, Oluseun Abimbola (SAN), declared the Osigwe the winner, having secured 50.52 per cent of the votes cast.

    He scored 20,435, garnering 9,437 more votes than the Chairman of the NBA-Institute of Continuing Legal Education Governing Council, Tobenna Erojikwe, who scored 10,998 votes (27.19 per cent).

    Former NBA Lagos Branch Chairman, Chukwuka Ikwuazom (SAN), came third, with 9,018 votes (22.29 per cent).

    Announcing the results at NBA House in Abuja on Sunday, Abimbola said 40,451 votes were tallied, while there were 205 abstentions.

    Sabastine Anyia was elected first vice president with 12,114 votes (33.14 per cent); Mrs Bolatumi Animashaun was elected second vice president with 26,534 votes (70.47 per cent); Mrs Zainab Garba scored 23,550 votes (62.89 per cent) to emerge third vice president.

    Dr Mobolaji Ojibara was elected General Secretary with 25,713 votes (68.67). He defeated Abdulwasiu Alfa, who polled 11,730 votes.

    Publisher of barristerng.com, Mrs Bridget Edokwe, was elected National Publicity Secretary with 19,542 votes (51.16 per cent).

    Other winners are Mrs. Blessing Imo Udofa-Poromon, Treasurer; Mr. Nyada Auta, Welfare Secretary, and Miss. Ebiere Ekpese, Assistant Publicity Secretary.

    Midway through the election, Ikwuazom withdrew.

    He said despite “overwhelming support,” it appeared that the system was manipulated towards a predetermined outcome, consistently placing him in third.

    Erojikwe said he had “a reasonable and well-informed basis to believe that the electoral process and the election were not credible or satisfactory.”

  • Scrap plea bargaining, presidential pardon, Cleric tells judiciary

    Scrap plea bargaining, presidential pardon, Cleric tells judiciary

    The Oyo State Missioner and Chief Imam of Ansarud-Deen Society, Dr. Bashir Olanrewaju, popularly known as ‘Elesin Meta,’ has urged the judiciary to abolish plea bargaining and presidential pardon.

    According to the cleric, these legal provisions, rather than promoting justice, have contributed to the erosion of the judicial system and encouraged corruption and other vices.

    Dr. Olanrewaju made the call during his sermon titled “Justice, Trust, and Doing the Right Thing” at the 70th Anniversary and Law Week of the Ibadan Branch of the Nigerian Bar Association (NBA), held at the Ansarud-Deen Mosque, Oke Ado, Ibadan.

    He emphasized that justice must prevail among humans as a divine command. 

    “Justice is doing what is right among human beings. God has made this compulsory. Leaders must practice justice as commanded by God, with righteousness complementing worship to achieve true justice,” he said.

    He said: “There should not be discrimination between the rich and the poor while dispensing justice or awarding punishment. Don’t favour one person against the other. If any Judge or lawyer does that, that is deceit (abosi). This brings my worry about the clause of plea bargain put in the law. It is not good for our judiciary. 

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    “Someone is arrested for stealing very huge money, and you tell him that he is wicked. ‘This is too much now’. And then you ask him how much he can pay and go away with the rest. And he is free. They did another one recently. That is presidential pardon. Because you belong, ok, we will pardon you. Ah! This is horrible. 

    “There will be judgment in heaven. All this amounts to eating fire and swallowing it. On the day of judgment, there won’t be shoe; there won’t be clothing and everybody will be naked. A baby born in a day with black hair on his head, will grow grey hair immediately.  

    “With this presidential pardon, you are just encouraging unscrupulous people to grow more in their iniquities. Muslim Judges and lawyers should take heed to this because we are going to give account on the last day”, he pleaded.

    The Chief Imam pleaded with business people “to be fair and not cheat. Husbands with more than one wife must do justice among them. Parents must ensure justice among their children. And there must be justice among humans, especially our politicians. 

    “If there is no injustice, Judges themselves  will rest and their dockets will be light”, the Missioner pleaded, after which he prayed fervently for the immediate ex- Chief Justice of Nigeria (CJN), Justice Kayode Ariwoola.

    Quoting from Chapter 4 verse 15 and Chapter 5 verse 35 of the Quran, the Chief Imam urged Nigerians to refrain from temptation of flesh to distract them. “Don’t allow flesh to distract you because of hatred or misunderstanding. 

    “Don’t allow injustice between two warring people in inheritance, property acquisition. Allow justice between two litigants. You jurists and lawyers should be there to do justice and settle grievances. You are the ones to do this.”

  • How to achieve independent judiciary, by judges, legal giants

    How to achieve independent judiciary, by judges, legal giants

    Judges, Senior Advocates and other lawyers gathered in Lagos for the 2024 Annual Conference of the National Association of Catholic Lawyers, Archdiocese of Lagos. Speakers highlighted the challenges hampering judicial independence and proffered solutions. Deputy News Editor JOSEPH JIBUEZE reports.

    “The appointment process is very important.”

    Those were the words of retired Justice of the Court of Appeal, Oludotun Adefope-Okojie.

    She was referring to one of the ways to make the judiciary truly independent.

    She was of the view that not much will change unless the selection process is revamped, including reviewing the powers of the Chief Justice of Nigeria (NJC) to make National Judicial Council (NJC) appointments.

    She was one of the panellists at the 2024 Annual Conference of the National Association of Catholic Lawyers (NACL), Archdiocese of Lagos.

    Other speakers were Justice Adenike Coker of the Lagos State High Court; Mrs Funke Adekoya (SAN), a legal academic, Dr Tunde Otubu, Senator Shehu Sanni and Rev. Maureen Iwu.

    The keynote:

    The keynote speaker, Mr. Emmanuel Ikazoboh, a Fellow of the Institute of Chartered Accountants, said his career as a chartered accountant gave him unique insights “into the importance of structure, integrity, and fairness”.

    “These are values I have seen mirrored in the legal profession, especially in the sacred role of the judiciary, which stands as the guardian of justice and the rule of law,” he began.

    “The rule of law is arguably the most basic requirement of any civilised society and an independent judiciary, to which access is available to all citizens, is an essential ingredient to the rule of law.

    “Freedom of expression is also fundamental in a democratic society.

    “An independent judiciary ensures, in particular, that judges are free to conclude that actions taken or decisions made by the government (or even by others) are a breach of the law and that they are in particular in breach of individual ‘s right, including of course their fundamental, or human rights, and to decide on the appropriate remedy.”

    Ikazoboh, represented by his son Oshonne, noted that the Judiciary plays a vital role in a democratic setting, serving as a co-equal branch of government alongside the legislative and executive branches.

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    He said: “An independent judiciary is to democracy what a reliable accounting system is to business—without transparency, objectivity, and independence, both systems fail.

    “In the same way that accountants ensure the integrity of financial systems, the judiciary ensures the integrity of a democratic polity.

    “Judges must be free from external influences, just as financial professionals must remain unbiased to ensure that the true state of affairs is represented.

    “In my experience as an accountant, I have seen how systems can break down when the truth is obscured by manipulation, just as justice falters when judges are not free to act according to the law and their conscience.

    “For both professions, the path to integrity is clear: it lies in independence, transparency, and accountability.”

    Ikazoboh said he had witnessed how economic and political pressures can test the independence of professionals, whether in accounting or law.

    “Just as the accounting profession must resist the temptation to bend to the interests of powerful stakeholders, the judiciary must resist undue influence from those who would seek to distort justice for personal or political gain…

    “Whether in the courtroom or the boardroom, we are called to be stewards of truth and guardians of fairness.

    “Just as the accountant must ensure the accuracy and fairness of financial records, the lawyer must ensure that justice is applied impartially and that the judiciary remains free from external influence,” he added.

    ‘Judiciary has been violated’

    National President of NACL, Edward Eneji Ogar, represented by Phillip Njeteneh, said the theme was apt.

    This, he said, was because “Nigeria has been grappling with the notion of an independent judiciary, free from unholy pressures and manipulations from the powers-that be within the socio-political and economic frontiers of the society”.

    Ogar said: “The Judiciary, once regarded as the ‘last hope of the common man’ has been raped, violated and discarded at will by the political class and the controllers of the economic fortunes of the country.

    “Sadly, a greater majority of those saddled with the responsibility of checkmating the society through the instrument of administration of justice have played to the gallery and become gullible, throwing away their pride and integrity in exchange for paltry sums of money.

    “In the wake of all these, is an independent judiciary still possible in Nigeria? I say loudly, YES! How? You may wish to ask.

    “And my answer is unequivocal: Bring back into the hallowed Temples of Justice the incorruptible spirits of the likes of Chukwudifu Oputa, Kayode Esho, Karibi-Whyte, JJSC, inter alia.

    “Nigeria today is in dire need of courageous and incorruptible judges.”

    ‘How to make Judiciary independent’

    Justice Adefope-Okojie called for a review of the judges’ appointment process.

    She noted that the CJN appoints the majority of the NJC members, which she believes could be open to abuse.

    She said: “The independence of the judiciary is a constitutional requirement. It entails the non-interference of the executive, the legislature or other private entities in judicial affairs.

    “Judges are expected to make impartial decisions based on facts.

    “There are different factors that impact judicial independence, but I will concentrate on appointments.

    “That is where the problem starts because, with the way the system is, it is almost impossible to get the best people on the Bench.

    “The Federal Judicial Service Commission is headed by the CJN. Their nominations go to the NJC, which is also headed by the CJN.

    “The NJC has 24 members, 19 of whom are appointed by the CJN.

    “So, with an overbearing CJN, it’s difficult to remain impartial. You can say that it erodes the independence of that body.

    “It is the same with the various states. Out of eight members of the Judicial Service Commission, the Chief Judge appoints five of them.

    “The Attorney-General who is a member is an appointee of the governor. So, you have a problem there.

    “With all that is happening, you don’t get the best. I remember during an assessment when a potential judge of the Court of Appeal was asked a question on garnishee proceedings, and he did not know what it was. It was said that he would learn on the Bench.

    “The appointment process is very important.”

    Justice Adefope-Okojie said the appointment of judges should be open, just as it is in the appointment of Senior Advocates of Nigeria.

    “The Bar associations must be involved because you know the corrupt people.

    “The NBA should take on the government. Don’t leave it to SERAP or the Adeyanjus,” she added.

    Adekoya: decision-making process must be independent

    Mrs Adekoya noted that the Judiciary is supposed to serve as a check on the executive and ensure that the legislature stays within its remit.

    The SAN said: “With the CJN making a majority of the appointments, it means the Judiciary is appointing its people.

    “So, we need to determine the independence of the appointment process.

    “I am also interested in the independence of the decision-making process because that is where, as the common man, we have our greatest interaction with the judicial system.

    “I will have confidence in the judiciary if I feel that the decision was taken without somebody from upstairs phoning the judge.

    “We’re now at a point where you’re wondering whether your opponent is the person beside you, your learned friend, or the judge.

    “So, we need to address the independence of the decision-making process.

    “That can only change if individuals, irrespective of how they have been appointed as judges or magistrates, have an independent mindset, remembering that they swore to an oath to do justice fairly between the parties.

    “Now, people now care about which judge is handling a case, whose son or daughter. That goes to the judicial appointment process.

    “We need to focus more on the decision-making process because that is where the judiciary needs to be independent.”

    Mrs Adekoya also called for a review of the funding mechanism.

    She said: “In some states in America, the judicial system is funded based on income to the sector, which is what we have been advocating.

    “Monies that come through fines, penalties and late filings should belong to the Judiciary.

    “We need to look at how the judiciary is funded and how judges are appointed.

    “The independence of the decision-making process is an individual obligation.”

    The SAN said no one should blame low pay as an excuse for corruption, as it is a matter of personal integrity.

    “The lack of adequate remuneration is not an excuse for lawyers to corrupt judges and for judges to accept bribes,” she said.

    Justice Coker: judges should be paid better

    Justice Coker, who insisted that “we have incorruptible judges in Lagos where I serve,” deplored the attacks the judiciary is sometimes subjected to.

    “When they win, the judiciary is wonderful. If they lose, the judiciary has been compromised,” she said.

    She faulted a situation where judges’ salaries were not increased for 15 years, with many of them on N500,000 per month.

    Despite the situation, she said many of the judges have remained incorruptible, even as the situation must change.

    Senator Sanni: appointments politicised

    Senator Sanni said it has reached a point where some see going to court as a waste of time.

    He said the adage that it is honourable to lose a case than to win by corrupt means does not seem applicable to Nigeria.

    “Now, they (politicians) try to hijack the judiciary by planting their children and the spouses there.

    “The judiciary has to find a way of protecting itself from politicians,” he said.

  • Constitutional Amendment: we will shield judiciary from political pressures – Reps Deputy Speaker

    Constitutional Amendment: we will shield judiciary from political pressures – Reps Deputy Speaker

    The House of Representatives Committee on Constitutional Review has said that it was ready to put in place strong measures that will shield the judiciary from political pressures and ensure its decisions are for the good of the citizenry and the development of the country.

    Chairman of the Committee and Deputy Speaker of the House, Hon. Benjamin Kalu gave the assurance a the sectoral engagement of the panel with members of the judiciary in Lagos on Friday.

    Chief Press Secretary to the Deputy Speaker, Levinus Nwabughiogu swis in a statement that Kalu underscored the importance of the judiciary in the democratic development of the country through the rule of law.

    He said: “This sectoral engagement with the Judiciary is intended to achieve the following objectives: strengthen the independence of the judiciary, shield the judiciary from political pressures and ensure that decisions made promote the common good; improve citizens’ access to justice and enhance public trust in the judiciary.

    “Expansion of the jurisdiction of certain courts to address contemporary challenges; clarification of the powers and jurisdictions of judicial authorities; address electoral disputes and uphold the principle of free, fair, and credible elections in Nigeria. It is also the intentions of the Committee to engage the leadership of the legislature at the sub-national levels early enough to ensure a smooth process.

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    “The Judiciary in Nigeria stands as a pillar of justice, tasked with upholding the rule of law, protecting individual rights, and ensuring that the Constitution is accurately interpreted and applied.

    “As one of the three branches of government, alongside the executive and the legislature, the judiciary plays a crucial role in maintaining the balance of power and fostering a just society. It plays a pivotal role in the administration of justice, interpretation of laws, and upholding the constitution ensuring that the rights of citizens are protected, and the freedom of individuals are guaranteed.”

    Kalu, the state said recalled that over the years, the National Assembly has undertaken several amendments to the constitution aimed at reforming and strengthening the judiciary.

    “In the 9th Assembly for instance, the House of Representatives voted on 10 judiciary bills, but only 3 met the Constitutional threshold and got Presidential assent which were not able to drive the expected judicial reform, envisaged at strengthening adjudication, seamless dispensation of justice,

  • Can judiciary save council system in Anambra?

    Can judiciary save council system in Anambra?

    By Chekwube Nzomiwu

    Another opportunity has beckoned for the judiciary to resolve the prolonged impasse in local government administration in Anambra State. Since 1999, Anambra State has witnessed only two democratic transitions at the local government level. Within the same period, there were transitions to five democratically elected administrations at the state-level under different governors. The governors were Chinwoke Mbadinuju (May 1999 to May 2003), Chris Ngige (May 2003-March 2006), Peter Obi (March 2006-March 2014), Willie Obiano (March 2014-March 2022) and Professor Charles Soludo (March 2022 till date). All these administrations had their democratically constituted legislative arms, comprising elected members of the House of Assembly who make laws for the state.

    But, at the local government level the opposite is the case. Rather than conduct election to elect chairmen and councilors for the 21 councils and 326 wards in the state, respectively, governors preferred to run the local government administration with handpicked officials, in contravention of the law and a subsisting judgment of a competent court, which held that the state government cannot impose leaders on the local government areas.

    Section (7) 1 of the 1999 Nigerian Constitution (as amended) guarantees a local government system by democratically elected councils. The constitution further imposes a duty on the state government to ensure the existence of such democratically elected local government. In Anambra State in particular, the Local Government Law of 1999, provides for the establishment, structure, composition, finance and functions of the local government councils, and for related purposes.

    It will be recalled that the Federal High Court Enugu, in a landmark judgment on suit no. FHC/EN/CS/90/2005, declared that the Anambra State Government has no power to appoint officials to govern local government areas. Justice A. L. Allagoa entered the judgment on September 26, 2006, in favour of an activist and politician, Dr. Ifeanyichukwu Okonkwo, who was the sole plaintiff in the matter.

    The judge held that by the combined effect of Section 7 (1) and 318 (i) (c) of the 1999 Constitution of the Federal Republic of Nigeria, the Governor of Anambra State has no power for appointment and approval of caretaker management committee, or in whatever name so called, to administer respectively, the 21 Local Government Council Areas in Anambra State.

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    Dr. Okonkwo had complained to the court that he was being denied the right guaranteed him in the African Charter on Human and Peoples Right, Cap A, 9 Articles 13 (1) 24; 28 and 29 (2) of the L.F.N.2004 vol. 1, to participate in his domestic government in Idemili South and the third tier of government – the Local Government Council – which Section 7 (1) of the 1999 Constitution decreed.

    In his judgment, Justice Allagoa held that the Anambra State law providing for caretaker committee is inconsistent with Section 7 (1) of the Constitution. “Looking at the provision literally, it is clear that the constitution of the local government by democratic system is guaranteed by the constitution itself. The constitution then imposed a duty on the state government to ensure the existence of such democratically elected local government,” Allagoa said.

    He further made it clear that the powers of the State House of Assembly under Section 7 (1) of the Constitution, to legislate concerning local government councils, clearly did not include power of the state government to appoint caretaker committee to run local government. Consequently, the court ordered the 2nd, 3rd and 4th respondents – the Governor of Anambra State, Anambra State House of Assembly and Commissioner for Justice, Anambra State – to pay the sum of N5million as exemplary damages to the plaintiff. The defendants complied with the judgment and it subsists till date.

    Eighteen years after the judgment, governors in Anambra State continue to run local government administration with undemocratically elected officials, wearing the garb of transition committees. The last local government election in Anambra State was held eleven years ago at the twilight of the Obi administration in November 2013. Incidentally, it was the only council polls held during the eight years of Obi administration, which ran the councils with transition committees.

    Piqued by the obstinacy of the governors, Dr. Okonkwo recently dragged Soludo and three of his predecessors to the Federal High Court, Awka Division, over alleged use of undemocratically elected officials to run the councils. In the fresh suit brought through originating summons, he is requesting for nine consequential reliefs/directing orders, premised on the interpretation of the previous judgment of the court in suit no. FHC/EN//CS/2005, delivered on September 26, 2006.

    Listed as 1st to 8th defendants respectively in the latest matter are the Federal Republic of Nigeria, Governor of Anambra State, Attorney-General and Commissioner for Justice, Anambra State, and Anambra State House of Assembly. Others are former governors, Ngige, Obi, Obiano, for themselves and on behalf of their transition chairmen and councilors, and Mr. Livinus Onyenwe for himself and on behalf of transition chairmen under the Soludo administration.

    Besides redefining local government administration in Anambra State, the suit has wider implications. For instance, having acted contrary to the constitution which they swore to uphold, the governors risk being barred by the court from contesting election or occupying public office or seeking for re-election under the 1999 Constitution of the Federal Republic of Nigeria. In particular, the suit constitutes a threat to the second term ambition of Soludo.

    The plaintiff is also asking for an order to compel the 2nd to 8th defendants to render public account before the court, of all funds, illegally expended by them or agents and privies, during their respective administrations, while executing their illegal and unconstitutional usurpation of offices at the local government council areas in Anambra State, by tampering with public funds, excluding salaries and allowances of local government council employees and workers expenditure. If the court grants the orders, it will serve as a deterrence to governors from usurping the functions of the councils and scare people away from accepting illegal council appointments. It will equally encourage the conduct of local government election.

    The plaintiff is further asking for an order, directing the 1st, 2nd, 3rd, 4th and 8th defendant to publish before the Honourable Court, the FAAC Allocation to the respective 21 local government areas in Anambra State from 2006 to 2024. This will improve accountability in the councils.

    In addition, he is urging the court to order the 1st respondent (the Federal Republic of Nigeria) to put into the effect the unanimously passed resolution of the Senate, asking the Federal Government to halt the statutory allocation of funds to local government area councils, where chairmen and councilors were not democratically elected. Chief Okonkwo demanded for exemplary damages of N100billion in his favour, against the 2nd to 8th defendants. 

    The case will impact positively on the traditional institutions and town unions in Anambra State, which have been bedeviled by crisis as a result of imposition of leaders, giving rise to grassroots autocracy and financial malfeasance. The plaintiff wants an order nullifying/setting aside all the purported directives, financial expenditures, presentment of “Igwe elects” by town unions to chairmen of transition councils, and issuance of certificates of recognition to them as His Royal Highnesses (H.R.H) for government recognition, purportedly made by the illegal and unconstitutionally constituted caretaker/transition committees with effect from September 26, 2006 by the 2nd to 8th defendants, having not been democratically elected.

    • Nzomiwu writes from Awka, Anambra State.