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Tag: Judiciary

  • ‘Corruption allegations in judiciary a lesson’

    Former Secretary General, Nigerian Bar Association (NBA) Rafiu A.L. Rabana has said the allegations of corruption charges against the judiciary are great lessons for both the judges and lawyers.

    He added that the crisis in the judiciary has shown that the era of impunity by judges and judicial workers is over.

    Rabana spoke at the weekend in Offa, Offa Local Government Area of Kwara State at a royal award in his recognition organised by the Offa monarch, Oba Mohammed O. Gbadamosi.

    Rabana, who is an erstwhile Ilorin branch chairman of NBA, said the “crisis rocking the judiciary is an unfortunate development, but they came with a lot of lessons”.

    “If we have been doing things in a wrong way or we have been doing things that nobody will ask us any question or nobody ever thought anybody can arrest judges and put them to trial, the lesson out of it is that we are not immune to impunity.

    “We must operate within the constitutional limits of our judicial powers; we must operate within the judicial code of conduct and ethics and if there is a proven violation, then the law will take its course.

    “So, the lesson in the ongoing judiciary crisis has shown clearly that the era of immunity and the era of the feelings that nobody can do anything are going.

    “It is also a lesson to us lawyers, because, by virtue of the manner in which we all evolve going through the same law faculty; going through the same law school; meeting at conferences and seminars; lawyers and judges have become interwoven. There is element of cordiality between lawyers and judges, but where the cordiality ends is when there are attempts to compromise justice or to abuse that cordiality,” Rabana said.

    He added: “I am one of those people who stand for cordiality with judges. There is absolutely nothing wrong in being cordial with a judge, but there must be a line of demarcation.

    “And you will enjoy that cordiality if as a lawyer you don’t put pressure on judges that are your friends. You don’t make them undermine their judicial oath of office. You don’t do things that will damage their integrity. Judges are my friends and I love to be in their company, but I will not compromise.

  • Events that shook Judiciary in 2016

    Events that shook Judiciary in 2016

    2016 can be described as an eventful year in the history of the Judiciary. From the arraignment of high profile persons, a contentious Nigerian Bar Association (NBA) election and arrest of some judicial officers to the appointment of an acting Chief Justice of Nigeria (CJN), it is a year to remember. Eric Ikhilae, Adebisi Onanuga, Joseph Jibueze and ROBERT EGBE highlight some of the issues that made news.

    The outgoing year will be remembered for a lot of reasons.
    It was the year that judges, including two justices of the Supreme Court, were arrested for corruption allegations. We serve you a treat of major developments that shaped the judiciary in the year.

     

    ‘Sting operation’

    No fewer than three judges are currently on trial for corruption. The Department of State Services (DSS) said it recovered over N270million from the houses of the judges it raided late on October 7 and in the early hours of the following day.

    Those arrested in the wake of the raid were Justices Sylvester Ngwuta and Inyang Okoro both of the Supreme Court, the suspended Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya , Justice Kabiru Auta of Kano State High Court and Justice Adeniyi Ademola of the Federal High Court, Abuja.

    The summary of money recovered from some of the justices are as follows: Justice Ademola – N54million, $171, 779.00, £80.00, 1,010.00 rupees, and €4,400.00; Justice Ngwuta – N35, 208,000, $319,475, £25,890, €280 , 380 UAE, 420 Gambia Dalais, four Argentine Notes, and 20 Ghana Cedis; Justice Okoro: N4, 350,000, $38, 833, £25,890, and €1,000.00.

    Justice Ademola and his wife Olabowale, in a 15-count charge filed against them by the Federal Government, were accused of “ N248,101,300 and $520,000  as gratifications from law firms and others between 2013 and this year.

    Justice Ngwuta was arraigned for allegedly transferring the total sum of N505 million “denominated in naira and US dollars” to a building contractor, Nwamba Linus Chukwuebuka, between January and May 2016. The N505milion was alleged to be part of proceeds of Ngwuta’s “unlawful” activities.

    Justice Rita Ofili-Ajumogobia, whose house was not raided, was arraigned by the Economic and Financial Crimes Commission (EFCC) for allegedly collecting N5million gratification from a Senior Advocate of Nigeria (SAN), Chief Godwin Obla. She had earlier been barred from elevation to the appellate court for gross misconduct.

    She and Obla were arraigned on a 30-count charge at the Lagos High Court for allegedly conspiring to pervert the course of justice last May 21. EFCC said Obla transferred N5million to Nigel & Colive Ltd, a company the judge is a sole signatory to. The judge and Obla pleaded not guilty.

     

    Saraki’s trial at CCT

    The trial of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT) dominated the news in 2016.  He is facing a 13-count charge of false assets declaration. The case has witnessed delays since the charge was filed on September 14, last year. Although Saraki took his plea on September 22, 2015, the prosecution has been unable to move beyond calling its first witness. It took the defence 14 adjournments, spanning over seven months to cross-examine the first prosecution witness. The trial will resume on January 11.

     

    Trial of Dasuki and others

    Former National Security Adviser (NSA), Sambo Dasuki is facing three charges. In the first case, he is charged with money laundering and illegal possession of firearms. The ex-NSA was arraigned before Justice Adeniyi Ademola of the Federal High Court, Abuja on September 1, last year. In the second case, Dasuki was charged with former Director of Finance, office of the NSA, Shuaibu Salisu; a former Executive Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa and his two companies –  Acacia Holding Limited, and Reliance Referral Hospital Limited for allegedly diverting public funds running into billions of naira. In the third case, Dasuki was charged along with ex-Minister of State for Finance, Bashir Yuguda, a former Director of Finance at the office of the NSA, Shuaibu Salisu, a former governor of Sokoto State, Attahiru Bafarawa, his son, Sagir Bafarawa and their company, Dalhatu Investment Limited for allegedly stealing about N9.2billion from the office of the NSA.

     

    Oronsaye and others

    The former Head of Service of the Federation (HOS), Stephen Oransanye is being tried in two separate courts on two charges. He is standing trial alone before Justice Olasumbo Goodlcuk of the High Court of the Federal Capital Territory (FCT). He was arraigned on March 15, 2016. Oronsaye, who was the Chairman of the Presidential Committee on Financial Action Task Force (PCFATF) under President Goodluck Jonathan, is among others charged with criminal breach of trust for allegedly converting about N382.9million belonging to the PCFATF to his personal use while he headed it between 2013 and last year.

     

    Metuh

    The former spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh is facing trial in two courts. He is being tried with his company, Destra Investments Ltd, before Justice Okon Abang of the Federal High Court, Abuja on a seven-count charge of breach of trust, corruption and money laundering. He was also arraigned before Justice Ishaq Bello of the High Court of the Federal Capital Territory (FCT) on January 21. He was charged with destruction of evidence.

     

    Badeh and his predecessor

    Former Chief of Defence Staff (CDS), Alex Badeh is standing trial with a firm, Iyalikam Nigeria Limited on a 10-count charge marked:FHC/ABJ/CR/46/2016, before Justice Okon Abang of the Federal High Court, Abuja. They were charged with breach of trust and corruption. Badeh was said to have committed the offences while serving as the Chief of Air Staff in 2013. There is also the case involving Badeh’s predecessor as the Chief of Air Staff, Air Chief Marshal Mohammed Diko Umar (retd), who was arraigned on May 11 before Justice Binta Nyako of the Feederal High Court, Abuja. He is being tried on a seven-count charge bordering on money laundering, criminal breach of trust and corruption involving about N7.382billion. It alleged that Umar removed the money from the account of the Nigerian Air Force while he was the Chief of Air Staff.

     

    Ex-governors

    The EFCC re-arraigned former Abia State Governor Orji Uzor Kalu at the Federal High Court in Lagos along with Udeh Udeogu and Slok Nigeria Limited on 34 counts of diverting N3.2billion Abia funds. They were first re-arraigned on September 27 before Justice Anwuri Chikere of the court’s Abuja division after the case got to the Supreme Court on interlocutory appeal following Kalu’s first arraignment in 2007. Kalu and his co-accused allegedly diverted about N3.2billion from the Abia’s treasury while he was the governor.

    Eight years after he was first arraigned, former Oyo State Governor Rashidi Ladoja, was re-arraigned at the Federal High Court in Lagos for allegedly converting N4.7billion from the state treasury to his personal use. The EFCC charged him along with Waheed Akanbi before Justice Mohammed Idris on eight counts of money laundering and unlawful conversion of public funds.

    Other former governors whose trials made news include Muritala Nyako (Adamawa), Sule Lamido (Jigawa), Jolly Nyame (Tarba), Joshua Dariye (Plateau), Gabriel Suswan (Benue),  and former Imo State Governor, Ikedi Ohakim.

     

    Ex-Ministers

    Former Aviation Minister Chief Femi Fani-Kayode and former Minister of State for Finance  Senator Nenadi Usman were arraigned by the EFCC on a 17-count charge of laundering about N4.6billion. They pleaded not guilty.

    Former Minister of Interior, Abba Patrick Moro, a Deputy Director in the ministry, F. O. Alayebami; former Permanent Secretary in the Ministry of Interior, Mrs. Anastasia Daniel-Nwobia and a firm, Drexel Global Tech Nigeria Limited were arraigned on an 11-count charge before Justice Nnamdi Dimgba of the Fedeeral High Court, Abuja. They are accused of defrauding 675, 675 graduate applicants of about N675,675,000, having been made to pay N1000 each as processing fees for 5,000  job openings.

    Also, a former Defence Minister and Chairman, Board of Trustees, Peoples Democratic Party (PDP), Haliru Mohamed Bello was arraigned with his son, Abba and a company, Bam Projects and Properties. They were arraigned on January 5 on a four-count charge of money laundering before Justice Ahmed Ramat Mohammed of the Federal High Court, Abuja. They were accused of receiving N300million from the Office of the National Security Adviser (NSA), Sambo Mohammed Dasuki on March 17, last year for political campaign under pretext that it was meant for a housing project named “Safe Houses”.

     

    Ex-NIMASA chiefs

    Four former Nigerian Maritime Administration and Safety Agency (NIMASA) workers were charged for corruption-related offences. One of them, Temisan Omatseye, was convicted for contract splitting and is on appeal after being granted a post-conviction bail. The EFCC former acting Directors-General Calistus Obi and Haruna Jauro at the Federal High Court in Lagos for alleged fraud involving N682.9million.

    Obi, a former NIMASA Executive Director, Maritime Labour and Cabotage Service, took over from Patrick Akpobolokemi, who is facing over five separate fraud and theft charges both at the Federal High Court and Lagos State High court.

    Obi was relieved of his duties less than a week later, and was replaced by Jauro, who was Executive Director, Finance and Administration. Jauro was charged along with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting a total of N304.1million belonging to NIMASA.

     

    Tompolo

    A former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo) was arraigned in absentia in no fewer than two charges along with Akpobolokemi.  EFCC, on March 22, arraigned Tompolo in absentia over N34billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large”. EFCC, in the 40-count charge before Justice Ibrahim Buba, said they allegedly diverted N34 billion for personal use, adding that the money accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist, said to be owned by Tompolo.  Other charges of stealing, advanced fee fraud and money laundering involving about N22.7billion are still pending against Tompolo before Justice Buba.

    Adegboruwa

    The EFCC arraigned activist-lawyer Ebun-Olu Adegboruwa at the Federal High Court for allegedly dealing in a seized property. The commission said Adegboruwa and Jonathan Udeagbala, said to be at large, allegedly conspired on August 13, 2013 to lease a property at House 105, NICON Town Estate, Lekki, which EFCC said was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012. But, On September 22, Justice Ayisat Opesanwo of the Lagos State High Court vacated the interim order of forfeiture.

     

    Amosu

    The EFCC arraigned a former Chief of Air Staff, Air Marshal Adesola Amosu (rtd) on June 29 along with a former Chief of Accounts and Budgeting at the Nigeria Air Force, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget Air Commodore Olugbenga Gbadebo at the Federal High Court in Lagos. EFCC accused them and some companies of converting N21billion from the Nigeria Air Force on March 5, 2014 in Lagos. They pleaded not guilty.

     

    Patience Jonathan/Dudafa

    A former Special Adviser on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo Dudafa, was arraigned at the Federal High Court in Lagos for alleged money laundering. He is facing two separate charges. In the case before Justice Babs Kuewumi, he was arraigned with some companies, which pleaded guilty on September 15 to laundering $15,591,700 (about N5billion). Wife of former President Goodluck Jonathan, Dame Patience, has claimed the money in the companies’ accounts is hers. She is praying the court to unfreeze the accounts to enable her have access to her funds. In late November, other account belonging, with about N9billion, were frozen.

     

    NAMA MD

    Nigerian Airspace Management Agency (NAMA) Managing Director/Chief Executive Ibrahim Abdulsalam was arraigned at the Federal High Court in Lagos on April 7 for allegedly stealing N2.8billion. He was arraigned along with Nnamdi Udoh (said to be at large), Adegorite Olumuyiwa, Agbolade Segun, Clara Aliche, Joy Ayodele Adegorite, Randville Invesment Ltd and Multeng Travels and Tours Ltd on 21-count charge. They pleaded not guilty.

     

    Lekki building collapse case

    Lekki Gardens Managing Director, Mr Richard Nyong, was arraigned before an Ebute Metta Chief Magistrate Court. The Lagos State government is prosecuting Nyong over the collapse of a five-storey building still under construction and in which about 30 people, including construction workers, died.

     

    Oniba of Iba kidnap case

    Suspected kidnappers, Duba Furejo, Ododowo Isaiah, Reuben Anthony and Yerin Fresh, who allegedly abducted the Oniba of Iba, Oba Goriola Oseni, were arraigned at the Lagos State High Court in Ikeja. The defendants are standing trial on an eight-count charge  of kidnapping of the monarch, conspiracy, murder, attempted murder, robbery, armed robbery and felony preferred against them by the Lagos State Government.

     

    Titi Abubakar vs Nsikakabasi Akpan Jacobs

    Also in the news was the case by EFCC on how Mrs Aminat Titi Abubakar, wife of former Nigeria’s Vice-President, Alhaji Atiku Abubakar was defrauded of N918 million by some business partners including a former governorship aspirant in Akwa Ibom State, Nsikakabasi Akpan Jacobs before a Lagos High Court sitting in Ikeja. The EFCC arraigned Jacobs, Abdulmalik Ibrahim and Dana Motors on a 15-count charge of conspiracy, stealing and fraudulent conversion of properties belong to THA Shipping Maritime Services Limited, a company in which she had vested interest.

     

    Fred Ajudua

    The trial of a Lagos socialite and lawyer, Fred Ajudua who allegedly duped former Chief of Army Staff, Lt.-General Ishaya Bamaiyi right inside Kirikiri Prisons made headlines throughout  the year and will continue to make headlines next year. Ajudua is scheduled to be re-arraigned for allegedly defrauding General Bamaiyi of $1 million. He is to face a fresh 28-count charge before the court presided by Justice Josephine Oyefeso.

     

    Ricky Tarfa (SAN)

    A Senior Advocate of Nigeria (SAN), Mr Rickey Tarfa, was arraigned for alleged obstruction of justice. The EFCC said he prevented the arrest of his clients who are suspects in another matter. He was also accused of bribing a judge, an allegation he denied.

     

    New judges

    Thirty-five new judges were appointed to the Federal High Court bench, but the process was faulted by a human rights group, the Access to Justice, who alleged the vacancies were not advertised.

     

    Acting CJN

    Following the retirement Justice Mahmud Mohammed, President Muhammadu Buhari swore in the next most senior Justice of the Supreme Court, Justice Walter Onnoghen, as the Chief Justice of Nigeria (CJN) in acting capacity. Many have faulted the appointment of the head of an arm of government in acting capacity. The fear is that the judiciary’s independence is in jeopardy.

     

    Judges sanctioned

    In October, the National Judicial Council (NJC) recommended the Chief Judge of Enugu State, Justice I. A. Umezulike, for compulsory retirement and Justice Kabiru Auta of Kano State High Court for dismissal. The NJC recommended Auta for prosecution over an allegation that he collected N197million  from Alhaji Kabiru, who wrote a petition to the NJC against him.

    Justice Umezulike was retired for delivering judgment in a case 126 days after final addresses were adopted by parties, and for other instances of abuse of office.

    The judge, during his book launch, allegedly received a donation of N10million from a businessman, Prince Arthur Eze, who had “vested interest” in two cases that were before the judge.

    Other judges who were also disciplined by the NJC in the year were Justice Oluyinka Gbajabiamila (Lagos State High Court), Justice Idris M. J. Evuti (Niger State High Court), Justice Tanko Yusuf Usman (Niger State High Court), Justice Ofili-Ajumogobia (Federal High Court, Illorin Division), Justice Mohammed Yunusa (Federal High Court, Enugu Division), Justice Olamide Oloyede (Osun State High Court) and Justice B.T. Ebuta (Cross River State High Court).

     

    New Supreme Court justices

    Four Justices were appointed to the Supreme Court bench this year while four retired. The Justices elevated to the Supreme Court Amina Augie, Ejembi Eko, Adamu Galinje and Sidi Bage. Those who retired from the bench were Justice Muhammad Muntaka-Coomassie, Justice Suleiman Galadima and Justice John Fabiyi.

     

    NBA election

    Former Kano State Attorney-General and Commissioner for Justice, Abubakar Mahmoud (SAN) was declared winner of the Nigerian Bar Association (NBA) election held in late September. He polled 3,055 votes to beat his challenger Chief Joe-Kyari Gadzama (SAN), who scored 2,384 votes out of 5,439 votes cast.

    But, Gadzama told the High Court  in Abuja that he polled 2,963 votes, rather than the 2,384 announced by the electoral committee. He said Mahmoud actually polled 2,465.  The contentious election was also the first time NBA would deploy electronic voting and universal suffrage.

     

    Deaths

    Among deaths recorded in the judiciary in the year were Justice Evo Chukwu, who died on June 9, aged 51;  former Supreme Court Justice Niki Tobi, who died on June 16, aged 75; former Minister of State for Labour, Mr. James Ocholi (SAN), who died in an auto crash alongside his wife and a child on March 6, former NBA Secretary-General of the NBA, Mr. Obi Okwusogu (SAN), who died in Lagos on November 22, Mr. Deji Sasegbon (SAN), who died on December 10, aged 63; human rights lawyer, Mr. Fred Agbaje, who died on November 26, Sir Olaniwun Ajayi, who died on November 3, aged 91 and a Port Harcourt-based lawyer, Mr. Ken Atsuete, was assassinated on August 28 at his home.

  • Judiciary: From Mount Olympus to Hades

    Judiciary: From Mount Olympus to Hades

    RUNNER-UP

    “… How art the mighty fallen!
    Tell it not in Garth,
    Publish it not in the streets of Ashkelon,
    Lest the sons of the Philistines rejoice,
    Lest the daughters of the uncircumcised triumph …”
    (The Bible, 2 Samuel 19-20)

    “I hear,” came the rumbling Whatsapp message. “Buhari is now arresting judges at night!”

    That was a Senior Advocate of Nigeria (SAN) holidaying in the United States.

    “Buhari arresting judges at night?  I doubt!” the other, a  journalist at home, returned. “Nigeria may be bad, but not that bad.”

    “But it’s true,” insisted the lawyer, whose basic sympathy was with the judiciary.

    “Still, I doubt,” the journalist, betraying his skeptical professional instinct, stood his ground. “By the way, what is your source – those nameless social media sites?”

    “It’s gone viral on the social media, yes,” the lawyer admitted. “But the quoted source was The Punch.”

    That was the shock – and nocturnal – therapy of October 8 and 9.

    In those nightly raids, the cream of the Nigerian judiciary, epitomized by no less than two justices of the Supreme Court, plunged from the demi-gods they were on Judicial Mount Olympus.

    Not unlike the revolutionary situations in Chinua Achebe’s Arrow of God, when votaries degraded their “gods” to hollow totems, destruction-bound, the once all-mighty justices became mere mortals, whose homes were raided; and who were arrested in the unholy hours of the night.

    Could their lordships then be putative rogues, everyday trying other felons?  That very idea is sobering for the democratic republic, for which the judicial institution is key!

    Yet, that is the massive demystification the Nigerian judiciary has faced since October 8.

    By the time the Department of State Services (DSS) was done with its raids, in Abuja and in Port Harcourt, Rivers State, two Supreme Court judges had been cast in the mould of hustlers, hoarding illicit money at home, allegedly to beat the in-built alert in the Nigerian banking system.

    All these were allegations, of course, until they are proven in court. But the allegations would appear as damaging as a slur on the proverbial Caesar’s wife, who should be so squeaky clean, the strict law of Caesar decrees she should be above suspicion.

    That explained why the judicial arm of the Nigerian criminal justice system was caught napping – both by the irreverent audacity of the raid, as well as its odium on the Judiciary.

    That also explained the great rally by the Nigerian Bar Association (NBA).

    Fired more by the heart to protect the “integrity” of the Judiciary, but less by the head to critically think out of the bruising scandal, NBA President, Abubakar Mahmoud (SAN), threatened a “judicial emergency”. With him were no less than three former NBA presidents.

    This war cry, the ensemble had hoped, would resonate among the lawyerly faithful; and raise the morale of their besieged Lordships, led by the outgoing CJN, Justice Mahmud Mohammed, whose code of engagement was to be seen and not to be heard.

    However, that turned a damp squib. Though a segment of the senior Bar embraced the bellicosity of the incumbent NBA president, it was by no meansa unanimous call to action, among this cloistered clan.

    The junior and mid-level lawyers – a good, if not overwhelming number among this rank – would appear on the war path too: but not against the Buhari government, as the silks had hoped. Rather, they too would appear thoroughly sick of the alleged widespread rot in the Judiciary.

    The mood of the general public was simply foul. For a good number, some fat judicial cats, in Achebe-speak in the fictional A Man of the People, had just stolen too much for the owner not to notice.

    So, as the public bayed for blood, the DSS, with the Economic and Financial Crimes Commission (EFCC), also stepped up the anti-corruption rhetoric: the corrupt Bench and their colluding and bribe-shoveling senior lawyers, almost always buying judgments with brazen gusto, were subverting the Buhari anti-corruption war.

    That further stunned and perplexed the Judiciary, and sent the outgoing CJN, and the National Judicial Council (NJC) he chaired into a quandary as to how to react.

    If they came out in strong support of the beleaguered justices, they would be adjudged guilty – at least in the angry streets – of aiding and abetting judicial corruption.

    But if they abandoned the justices to their fate, their constituency, which in all fairness is as close-knit as a virtual cult(by their training, orientation and practice), they would be accused of selling out!

    That explained the debate over the moral monstrosity of whether or not the accused judges should continue to try cases, when they themselves were soon to be docked!

    Technically, that would be procedurally okay, since none of the accused judges had been convicted. Indeed, WoleOlanipekun (SAN), himself a former NBA president, was so convinced of the justness of this technicality in law, that he radically pushed it.

    But the very perception of an accused judge trying other accused persons appeared so outrageous it was a non-starter.

    That ended that adventure. Both CJN and NJC swallowed the bitter pills. The judges vacated their offices, though technically they would still earn their salaries until the cases were resolved.

    The judges already charged are having their days in court, even if it is early days yet. Those yet to be charged are preparing for their day.

    For the judiciary, however, it is a running bad dream, never even contemplated, some 12 months ago, when The Nation last named it Person(s) of the Year.

    How did the Judiciary come to this sorry pass?

    It is not easy to say, though the tell-tale had been there for long, even with the late judicial icon of the straight-and-narrow, Justice KayodeEsho (of blessed memory), decrying what he called “billionaire judges”.

    But the final straw would appear the shock Supreme Court validation of the Rivers State gubernatorial election, a poll about everyone that witnessed it, with its orgy of killings and sundry pre-election and election day sharp practices, agreed was a travesty. Yet, the Supreme Court found for it, even when the governorship tribunal and the Court of Appeal threw out the election.

    Besides, if the courts had nullified most House of Assembly elections held on the same day and under the same conditions, how come the highest court of the land was validating the governorship poll? Like the fish, could the judiciary be rotting from the head?

    What is more? Because the Rivers electoral travesty was allowed to stand, elections and electioneering in that state have become a savage affair.

    The belated Rivers re-run into voided federal and state constituencies, held on December 10, also degenerated into a killing orgy. Even a police orderly was reportedly beheaded, while his police officer boss also lost his life.

    That shows the level of bestiality elections in Rivers have degenerated to. For putting its judicial stamp on the Rivers brazen electoral fraud, not a few hold the Supreme Court vicariously responsible for the Rivers electoral degeneration.

    But apart from election-time judicial racketeering which, it would appear, many rogue judges and colluding lawyers have started to see as some illicit growth areas, the Judiciary also appears to have done itself in with the long list of procedural filibustering.

    These needless delays had allowed – and in fact, still allow- a chain of corruption cases to drag on near-eternally; and it would be clear something fundamental is wrong with the criminal justice system. This is despite the Administration of Criminal Justice Act (ACJA) reforms, put in place to deliver justice as swiftly as possible.

    These grievous wrongs need some drastic surgeries to fix. That would appear the crux of the Buhari Presidency’s offensive.

    The immediate former CJN, Justice Mahmud Mohammed, exited with the judiciary under a cloud of odium unprecedented in Nigerian history.

    Would current Acting CJN, Justice Walter NkanuOnnoghen, who arrived at the pinnacle of Nigerian judicial system at a rather troubled time, do enough to roll back the clouds? That is in the womb of time.

    Meanwhile, from October 2016 – three months to the end of the year – the judiciary virtually bombed the headlines with negative news, terrible news amounting to a vicious self-demystification.  Yet, without a judiciary perceived as fair and just, the democratic order would appear doomed.

    It is because of this precarious situation that The Nation picked the Judiciary as first runner-up, to its 2016 Person of the Year.

  • Bill for financial autonomy for National Assembly, judiciary, INEC scales second reading

    Bill for financial autonomy for National Assembly, judiciary, INEC scales second reading

    THE House of Representatives is pushing for financial autonomy for the National Assembly, State Houses of Assembly, Federal and state judiciary as well as the Independent National Electoral Commission (INEC) and its state version.

    The lawmakers have also waded into the resource control controversy by beginning the process of granting states the control of mineral resources in their domain.

    This followed the second reading of a bill sponsored by Aminu Shagari (APC, Sokoto), who said the alteration of the 1999 Constitution would place the Federal and state legislatures, the judiciary and INEC on first line charge.

    According to him, the two arms of government and INEC would no longer have to rely on the Executive for their finances to carry out their statutory responsibilities independently.

    The bill is seeking to alter Section 81 of the Constitution by adding two new sub-sections

    It  says: “The President of the Senate and the Speaker of the House of Representatives, the Chief Justice of Nigeria and Chairman, Independent National Electoral Commission shall cause and laid before each House of National Assembly, at any time in each financial year, estimates of the revenues and expenditures of the National Assembly, the judiciary and the Independent National Electoral Commission respectively.”

    The implication is that the heads of expenditures, proposed for the benefit of the National Assembly, the judiciary and INEC would henceforth be charged upon the Consolidated Revenue Fund.

    Consequently, their money bills would be known as Consolidated Charge Fund (National Assembly) bill, Consolidated Charge Fund (Judiciary) bill and Consolidated Charge Fund (INEC) bill.

    The bill is seeking to delete sub-section 3 of the constitution and replace it with a clause whereby any amount standing to the credit of the National Assembly, Judiciary and INEC shall be paid and disbursed directly to the Clerk of the National Assembly, National Judicial Council and Chairman, INEC respectively for disbursement and management.

    Alteration of Section 121 was meant to effect same changes at state level.

    “The essence of the alteration is to allow the legislature, the judiciary and the Electoral Commission at Federal and state prepare their estimates and present it before the Assembly.

    “This will allow them to have their budgetary allocations disbursed directly to them.

    “The intent of this is to truly make them independent in carrying out their statutory responsibilities and eliminate chances of being compromised,” Shagari said.

    The Minority Leader Leo Ogor (PDP, Delta), in his bill for an Act to alter the 1999 Constitution to vest the control of the revenues derived from minerals, mineral oils and natural gas, under or upon any land in the state of the Federation, argued that the alteration was to relief the Exclusive List of some unnecessary burden while freeing up states to unlock their potentials.

    He said: “Nigeria is blessed with natural resources and there is no state that does not have natural resources they can depend on, but monthly allocations from the Federation Account has made everyone lazy.”

    Emmanuel Oker-Jev said the bill must be supported because it was aiming to accomplish what the 2014 National Conference failed to do on resource control.

    The two bills scaled second reading after being put to voice vote by the Speaker, Yakubu Dogara, who referred them to the special ad hoc committee on the review of the 1999 Constitution.

  • Falana urge NJC, NBA to expose corrupt judges, lawyers

    Falana urge NJC, NBA to expose corrupt judges, lawyers

    Human Rights Lawyer, Chief Femi Falana (SAN) Monday  in Enugu charged the National Judicial Council (NJC) and the Nigeria Bar Association (NBA) to as a matter of urgency, secure the integrity of the judiciary by identifying and exposing corrupt judges and lawyers.

    Falana expressed fears that the corruption in the judiciary had become so alarming that “these days, no matter how bad your case may be, its outcome is determined by the size of your pocket”.

    He spoke as a guest speaker at the opening of the Law Week of the Enugu Branch of the NBA with the theme “Corruption and the Justice Sector: Implications for the Rule of Law and Democracy”.

    Falana said invading the homes of criminal suspects at night was completely out of order “whatever the offences may be”.

    He said the situation was becoming worrisome especially when the houses of senior military, police and officers of other law enforcement agencies accused of corruption have not been so invaded.

    He canvassed that the Attorney General of the Federation and Minister of Justice, Abubakar Malami should be vicariously held liable for the consequences of such raids having accepted that he was the one that authorised the raids on the homes of judges by operatives of the State Security Services (SSS).

    “The government should better watch it because I recalled that sometime during the military junta, myself, Beko Ransome-Kuti and Gani Fawehinmi were severally harassed by state agents for projecting human rights views. I later discovered that it was not actually Babangida that ordered such harassment but they were executed by those behind the Okar Coup who wanted the Human Rights community to have disdain and hatred for the Babangida administration,  so that when the topple him, our support would be enlisted.

    “I want to warn that criminal elements may soon wear masks, invade the homes of judges, kidnap some and possibly kill some and the blame will be on the government. If they don’t stop, I am also asking judges never to open their gates at night. If they come calling, call them thieves and they will run away,” he said.

    He however blamed the “ongoing embarrassment of our judges” on some senior lawyers who he accused of refusing to do the needful by exposing and shaming the few judges that are bent on dragging the integrity of the judiciary in the mud, insisting “there is no corrupt judge that is not known to the lawyers”.

    Because of the actions of few corrupt judges, the institution is being denigrated. We still have judges who are working in the most difficult conditions and have refused to be tainted. NBA should speak out and protect the good judges. A few judges, a few senior advocates, a few lawyers are corrupt. We should isolate them, name them and shame them. Allegations remain allegations, we have to stop at just pointing accusing fingers but go the extra-miles of carrying out thorough investigations so as to unveil these bad eggs.

    “Judges should also be mindful of the companies of lawyers they keep because these set of lawyers who are bent on destroying the system will put you in trouble. They have made the price to be high now. Our hardworking lawyers are now in trouble because the corrupt ones are beginning to dictate the pace. Our courts have become super markets where only the rich do their shopping,” Falana noted.

    While also not excusing the NBA leadership from the corruption spree, Falana who hinted that he would soon withdraw his membership of the association, said the national election of the association had become even more expensive than a state gubernatorial election where candidates spend as much as N700 million to run for the presidency.

    He also attributed some of the conflicting judgements coming from Federal High Courts especially in Lagos, Abuja and Port-Harcourt to the corrupt activities that have enveloped the judiciary, lamenting that the situation might degenerate if nothing was urgently done.

  • ‘Blame NJC for corruption in judiciary’

    Activists have blamed the National Judicial Council (NJC) for corruption in the judiciary by “deliberately ignoring obvious signs of corruption on the Bench”.

    The coalition of activists under the aegis of One Voice Civil Society Coalition, which includes the Human Rights Law Service (HURILAWS), the Access to Justice (AJ), the Centre for Constitutional Governance (CCG), among others, faulted NJC’s latest directive barring publication of petitions against judges.

    At a briefing , HURILAWS’ Director Mr Collins Okeke, said: “The NJC treated corruption as an internal problem and failed to make corrupt judges accountable to the same standards applicable to others, such as criminal prosecution for corruption.

    “It has been canvassed and rightly so that the NJC deliberately ignores obvious signs of corruption. There is also a feeling that the NJC procedure for discipline is overly formalistic and legal, making it extremely difficult for complaints to come forward.”

    The group faulted the new guidelines that forbids publication of allegations of misconduct against judicial officers or employees.

  • ‘Don’t lose faith in judiciary’

    ‘Don’t lose faith in judiciary’

    •Ogwemoh named Best Female Managing Partner

    Allegations of corruption against some judicial officers should not lead to public loss of confidence in the judiciary, Managing Partner of the firm of Olisa Agbakoba Legal (OAL), Mrs Priscilla Ogwemoh, has said.

    According to her, there are jurists of high integrity in the Bar and Bench who are determined to ensure the judiciary remains the common man’s last hope.

    “I have absolute confidence in the judiciary. Our judiciary remains very strong despite the corruption allegations, which are being addressed. I can tell you that we have great men of integrity on the bench at all levels,” she said.

    Ogwemoh spoke in Lagos after being named the Best Female Managing Partner of the Year in the prestigious Law Digest Africa Awards. She was nominated in two categories out of 200 entries from law firms across Africa.

    On what the award means to her, she said: “It feels very good to be recognised. I was nominated in two categories – Managing Partner of the Year and Female Managing Partner of the Year. I’m so happy because the other nominees are people who have achieved great things in the legal profession. I feel highly honoured to have won.”

    Ogwemoh, who holds a Masters  in Law, oversees the administration the law firm. She studied Law at the Ahmadu Bello University Zaria.

    On her advice for upcoming young lawyers, she said: “My advice is: keep your eyes on the ball, be focused in all you do, define your objectives, remain firm, stick to your objectives and be tough.

    “By being tough, I mean you have to understand the dynamics of managing people and ensuring you run a profitable organisation which happens to be a law firm, and develop the ability to work with other lawyers and harness their skills effectively.”

    According to her, OAL would continue to be at the cutting edge to keep up with the trends in the legal environment globally while forming alliances for new opportunities.

     

  • Alleged invasion of Benue court false, say dep gov, judiciary

    The Deputy Governor of Benue State, Engr. Benson Abounu, has expressed shock over media report that his wife was held hostage during a court session.

    Speaking with our correspondent in a telephone interview, said his wife, Justice Abounu, a high court judge in the state, was never held hostage by suspected armed robbers, as being speculated.

    The deputy governor described the rumour as deliberate falsehood being peddled by the opposition to paint the government in bad light.

    Abounu, who described the report as irresponsible journalism, said what happened was a burglary incident during which the hoodlums stole a refrigerator, computer and other valuables from the court premises.

    He advised journalists not to allow themselves to be used, but to always cross-check their facts before going to press, saying government is taken aback by the deliberate distortion of facts.

    Meanwhile, the Benue State Judiciary has denied that a court in the state was invaded by gunmen.

    A statement signed by the Protocol/Information Officer, Benue State Judiciary, Tsegba Stephen, stated that no judge in the state was held hstage.

    The statement reads: “The attention of the Benue State Judiciary under the leadership of the State Chief Judge, Hon. Justice Iorhemen Hwande, OFR, has been drawn to reports of gun men’s invasion of courts in the state that appeared in some national dailies on 3rd November, 2016.

    “We want to state emphatically and categorically clear that no judge in the Benue State Judiciary was held hostage during a court session by gunmen.

    “Rather, what occurred on Sunday night of 30th October, 2016, was a burglary case of theft of court property such as cash, a refrigerator and electronics perpetrated by those suspected to be hoodlums and thieves.

    “The matter has since been reported to the police for investigation.”

  • Judiciary workers give Obiano one week ultimatum

    Anambra State branch of the Judiciary Staff Union of Nigeria (JUSUN) has given the state government one week ultimatum to address its issues or face industrial action.

    Following the meeting by the union held in Awka, The Nation gathered that tension has gripped the administration of Chief Willie Obiano.

    Though the chairman of JUSUN in the state, Comrade Mark Ifezue did not confirm this, The Nation scooped that the ultimatum was scheduled to begin on Wednesday.

    However, JUSUN chairman confirmed to The Nation that the union had prepared a letter for the state government, which, according to him, had been equally distributed to their members.

    Before now, Obiano had announced to the public that allowance of the judiciary had been cleared 100%, adding that his administration was no longer owing judiciary workers.

    But he admitted that the only thing being owed judiciary workers in the state was their arrears, which he said would be cleared before the end of December.

    But the JUSUN said in a recent interview with The Nation, “The only capital vote release was made in the first quarter of 2015, which was made to get (JUSUN) suspend its strike. Aside that, no penny has been released to the judiciary High Court”.

    He said a letter had been written to the state government before now, reminding it of the development and the issue of (CONJUSS).

     

  • How corruption is perpetuated in Judiciary—-Osinbajo

    How corruption is perpetuated in Judiciary—-Osinbajo

    •Wants NJC to raise independent panel to probe corruption at the bench
    •Recalls how 91 judges were charged with corruption in China

    Vice President Yemi Osinbajo has identified 11 ways through which corruption is perpetuated in the Judiciary.

    He also says reforms in the Judicial arm demands that the National Judicial Council (NJC) should raise an independent panel to investigate allegations of corruption against judicial officers.

    Osinbajo’s views are encapsulated  in a seminal paper in Transparency International’s Global Corruption Report 2007: Corruption in Judicial Systems.

    He wrote on  “Sub-national reform efforts: the Lagos State experience” which The Nation obtained yesterday, a day after he said in Ado Ekiti that all the three arms of government in Nigeria –executive, judiciary and legislature are corrupt.

    In the 2007 paper, Osinbajo listed some of the most common methods of practising corruption in the Judiciary as follows:

    • Fabricating rulings in exchange for money
    • Blackmailing litigants into paying for, or excluding evidence
    • Making decisions based on instructions from local government, party or senior judicial officials, rather than the law or facts
    • Assigning, dismissing, delaying or refusing to accept cases, or refusing to properly enforce court decisions
    • Extorting kickbacks from intermediaries for passing cases to certain judges
    • Trading law enforcement services for personal gain
    • Taking bribes from the plaintiff and defendant (or their lawyers) or both
    • Manufacturing court cases
    • Embezzling court funding
    • Bowing to the demands of local officials, criminal networks, local clans, social networks or economic interests
    • Abusing the power of judges to order suspension of business operations, the confiscation of property, the eviction of tenants, or fair compensation and labour rights.

    The VP reviewed past efforts put in place to stem corruption in the nation’s Judiciary.

    His words: “Corruption is generally regarded as pervasive in Nigeria, affecting many of its institutions. The Judiciary is no exception.  The main forms of judicial corruption relate mainly to either pure bribery or, in sensitive cases, political interference from government or party officials.

    “The problem worsened during Nigeria’s 30 years of military rule, one of the worst features of which was the weakening of all the justice institutions.

    “In 1994, Gen. Sani Abacha’s regime established a panel of inquiry, headed by the renowned retired Supreme Court Justice Kayode Eso, to look into the activities of members of the Judiciary.

    “The panel recommended a series of reforms aimed at curbing judicial corruption. The panel also indicted 47 judges for alleged corruption, incompetence, dereliction of duty, lack of productivity or corrupt use of ex parte orders. The military regime failed to implement the recommendation of the Kayode Eso panel.

    “The civilian regime, which took power on 29 May 1999, set up another panel to review the work of the Kayode Eso panel. Following the report of the second panel, some of the indicted judges were either dismissed or compulsorily retired.”

    He also shared his thought on the disciplinary procedures for judges and argued that the National Judicial Council (NJC) does not have the final say.

    He added: “With regard to the discipline of judges, the reform policy dictated that every case of judicial corruption would be investigated and submitted to the NJC, which would then appoint an independent investigation panel to make recommendations.

    “Prior to the NJC’s creation in 1999, the JSC had been the sole adjudicator on disciplinary issues, providing an avenue for local interference in the process

    “It is important to note, however, that the NJC does not have the final say on the disciplining of judges. This lies with the governor or president as the case may be.”

    He recalled how 91 judges in China, including a Vice President of the High Court, two presidents of the intermediate courts and two presidents of the basic courts, were charged with corruption.

    He said:  “In the celebrated Wuhan Court bribery case, it appeared to be systemic and organized at all levels of the Judiciary.

    “In Wuhan, Hubei Province, 91 judges were charged with corruption, including a Vice President of the High Court, two presidents of the intermediate courts and two presidents of the basic courts

    “The ringleaders, two former Wuhan intermediate court vice-presidents, were ultimately convicted of corruption and sentenced to six and a half and 13 years in prison.

    “Ten judges under their supervision were also sent to jail and a 13-member group was found to have pocketed almost 4million Yuan (approximately $510,000). The investigation implicated more than 100 other judges and court officials, who were disciplined or reassigned to other courts. Finally, 44 lawyers were investigated and 13 were charged with robbery.”